10:00 AM
MOVANT: JPMORGAN CHASE BANK, NA.
Docket 101
1/2/19 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 1/8/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Joseph M Pleasant
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
10:00 AM
MOVANT: WOODLAND HILLS MORTGAGE CORPORATION
Docket 60
1/2/19 - Brandon Iskander, (949)340-3400, has been approved for telephonic appearance on 1/8/19 @ 10am
Deny motion. There is sizeable equity cushion and movant failed to serve at least two parties with an interest in the property in the appropriate manner.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Movant(s):
Woodland Hills Mortgage Represented By Julian K Bach
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander
10:00 AM
MOVANT: ETSD VENTURE CAPITAL, LLC.
Docket 14
- NONE LISTED -
Court only grants in rem relief under section 362(d)(4), which is not applicable here. Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sang Min Koo Pro Se
Movant(s):
ETSD Venture Capital, LLC. Represented By Paul E Gold
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: BANK OF SOUTHERN CALIFORNIA
Docket 4
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Go With the Flow, Inc. Represented By Charles Shamash
Movant(s):
Bank Of Southern California Represented By Anthony J Napolitano
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 8
12/28/18 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 1/8/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Aurora Estella Roque Represented By Darin M King
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: XCEED FINANCIAL FEDERAL CREDIT UNION fr. 12-11-18
Docket 75
12/28/18 - Jacqueline James, (818)501-3800, has been approved for telephonic appearance on 1/8/19 @ 10am
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.
Tentative Ruling for January 8, 2019:
Deny motion. Validity of lien is a matter that should be resolved by the bankruptcy court as a core matter. Discuss with parties whether removal of the action to bankruptcy court would be advisable.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Movant(s):
Xceed Financial Federal Credit Represented By Patrick Reider
10:00 AM
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
10:00 AM
MOVANT: BEVERLY LOAN COMPANY
Docket 62
1/3/19 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearance on 1/8/19 @ 10am
Based on information in debtor's schedules, it appears that there is a sizeable equity cushion and there is no evidence in the motion that the property is declining in value. Therefore, deny motion, or, if movant prefers and believes that the collateral is not worth more than the obligation, continue hearing to give movant an opportunity to provide admissible evidence re value of collateral. If all collateral is not subject to a lien for the repayment of all the debt, as there are 9 separate contracts, valuation evidence should clarify which item serves as collateral for which portion of the obligation and the value of each item of collateral separately.
(The name on the contracts may be that of the debtor's husband, who is not in bankruptcy; however, based on the description, most or all of the jewelry in question appears to be womens' jewelry and the debtor has scheduled this property as belonging to her or to the community. If lender claims that the property was separate property of the nondebtor spouse and therefore not an asset of this bankruptcy estate, lender should commence an adversary proceeding for declaratory relief so that the Court can adjudicate this issue.)
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
10:00 AM
Movant(s):
Beverly Loan Company Represented By Paul M Brent
10:00 AM
MOVANT: PETER ANTONIOU
Docket 16
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Nicole R Allen Pro Se
Movant(s):
Peter Antoniou Represented By Roger S Shafer
Trustee(s):
Rosendo Gonzalez (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, 11-13-18
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 January 8, 2019:
Where is the joint status report that should have been filed two weeks before the status conference? Have all settlement payments been made? Is the trustee now in a position to dismiss this action? Hearing required.
1/7/19 -- Court approved stipulation continuing hearing to March 5, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
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
2:00 PM
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, 5-15-18,
7-31-18, 10-2-18, 11-6-18, 12-4-18
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.
Tentative Ruling for January 8, 2019:
Court has a number of questions 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):
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#: 2:18-01311 Ehrenberg v. Ramsey
fr. 12-4-18
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.
Tentative Ruling for January 8, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Fast N EZ Car Care, LLC Represented By Michael Jay Berger
Defendant(s):
Clint Ramsey Pro Se
2:00 PM
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#: 2:18-01330 First National Bank Of Omaha v. Rafael, Jr.
Docket 1
- NONE LISTED -
OFF CALENDAR. ACTION DISMISSED.
Debtor(s):
Maria Rosario Rafael Represented By Steven Ibarra
Defendant(s):
Albert Rafael Jr. Pro Se
Joint Debtor(s):
Albert Rafael Jr. Represented By Steven Ibarra
Plaintiff(s):
First National Bank Of Omaha Represented By Cory J Rooney
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01336 Royal Bridge International Corporation. v. Yoo
Docket 1
- NONE LISTED -
Where is the joint status report that should have been filed two weeks before the status conference? How long do the parties anticipate that it will take them to complete discovery? Does either party presently contemplate any pretrial motions? Is this an appropriate matter to be sent to an early mediation? Hearing required.
1/7/19 -- Court approved stipulation continuing status conference to February 12, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019. NO APPEARANCE REQUIRED.
Debtor(s):
Mia Seonmee Cho Yoo Represented By Michael H Yi
Defendant(s):
Mia Seonmee Cho Yoo Represented By Michael H Yi
Plaintiff(s):
Royal Bridge International Represented By Jisoo Hwang
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Monica Y Kim
2:00 PM
Adv#: 2:18-01326 Baumann et al v. Puentes et al
Docket 1
12/28/18 - Request that Clerk issue another summons and notice of status conference filed. However, the summons has not been issued yet as the status conference is less than 2 weeks away. Once the new status conference date has been established the Clerk will issue another summons accordingly.
The Court will not serve a summons and complaint on any of the defendants. Once the plaintiff receives the additional/replacement/alias summons, it is the obligation of the plaintiff to serve the summons before it becomes stale.
Has an alias summons been issued? Has it been served on all remaining defendants? The parties who completed the status report both indicated that they would like this matter sent to mediation. Discuss timing of mediation with the parties.
Debtor(s):
Jose Jesus Puentes Represented By
Raj T Wadhwani
Defendant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Miguel Gutierrez Pro Se
2:00 PM
VIP Real Estate Firm Pro Se
Does 1- 10 Pro Se
Plaintiff(s):
Chris Baumann Represented By Matthew Corsaut
Durga Baumann Represented By Matthew Corsaut
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01329 JJJ Diners Inc v. Jabor Original Holdings III, LLC et al
Docket 1
- NONE LISTED -
ACTION DISMISSED. OFF CALENDAR.
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
Plaintiff(s):
JJJ Diners Inc Represented By
Yiyong Oh
2:00 PM
Adv#: 2:18-01338 Yoo v. Timberland Bank
Docket 1
- NONE LISTED -
11/21/18 -- Court approved stipulation giving defendant until December 12, 2018 to respond to complaint.
12/14/18 -- Court approved stipulation continuing status conference to January 29, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
2:00 PM
Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01127 LB Global, Inc v. Park
Docket 18
- NONE LISTED -
Grant motion. Enter judgment in favor of plaintiff and against defendant finding that all amounts due under plaintiff's state court judgment against the defendant are nondischargeable under Bankruptcy Code sections 523(a)(2) (A), (a)(4) and (a)(6).
Debtor(s):
Young Keun Park Pro Se
Defendant(s):
Young Keun Park Pro Se
Movant(s):
LB Global, Inc Represented By Martin R Berman Martin R Berman
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 Andy Kong
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, 10-2-18
Docket 1
- NONE LISTED -
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):
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 Andy Kong
2:00 PM
Adv#: 2:18-01369 United States Trustee (LA) v. Park
Docket 1
- NONE LISTED -
Continue hearing to January 29, 2019 at 2:00 p.m. to coincide with anticipated hearing on motion for default judgment. OFF CALENDAR FOR JANUARY 8, 2019. NO APPEARANCE REQUIRED.
Debtor(s):
Young Keun Park Pro Se
Defendant(s):
Young Keun Park Pro Se
Plaintiff(s):
United States Trustee (LA) Represented By Kenneth G Lau
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
Andy Kong
2:00 PM
Adv#: 2:18-01337 Yoo v. Timberland Bank et al
Docket 1
- NONE LISTED -
11/21/18 -- Court approved stipulation giving defendant until December 12, 2018 to respond to complaint.
12/14/18 -- Court approved stipulation continuing status conference to January 29, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Timberland Bank c/o Glass & Represented By Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01354 NG DIP Liquidating Trust v. C & R Insurance Services, Inc.
Docket 1
- NONE LISTED -
12/11/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
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):
C & R Insurance Services, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01355 NG DIP Liquidating Trust v. Echo Global Logistics, Inc.
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
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):
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):
Echo Global Logistics, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01356 NG DIP Liquidating Trust v. EnVista LLC (aka Envista Concepts)
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
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):
EnVista LLC (aka Envista Concepts) Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01357 NG DIP Liquidating Trust v. Facebook, Inc.
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
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):
Facebook, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01358 NG DIP Liquidating Trust v. IMG Models, Inc.
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
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):
IMG Models, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01359 NG DIP Liquidating Trust v. I-parcel, LLC
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
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):
I-parcel, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01360 NG DIP Liquidating Trust v. Kacoo USA, LLC
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
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):
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):
Kacoo USA, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01361 NG DIP Liquidating Trust v. Lavish Alice
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
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):
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):
Lavish Alice Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01362 NG DIP Liquidating Trust v. Lee + Lani, LLC
Docket 1
- NONE LISTED -
12/4/18 -- Court signed order approving stipulation continuing response date to January 10, 2019 and continuing status conference to February 12, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019. 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
Defendant(s):
Lee + Lani, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01363 NG DIP Liquidating Trust v. Luxury Garage Sale, Inc.
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
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):
Luxury Garage Sale, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01364 NG DIP Liquidating Trust v. Madison Administrative Services, Inc.
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
Continue status conference approximately 90 days.
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):
Madison Administrative Services, Represented By
Ovsanna Takvoryan
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01365 NG DIP Liquidating Trust v. Pursue
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
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):
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):
Pursue Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01366 NG DIP Liquidating Trust v. Rakuten Marketing, LLC
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
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):
Rakuten Marketing, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01367 NG DIP Liquidating Trust v. United Parcel Service, Inc.
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
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):
United Parcel Service, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01368 NG DIP Liquidating Trust v. Wish for Falling Star, Inc.
Docket 3
- NONE LISTED -
(Court was not served with copy of complaint.)
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):
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):
Wish for Falling Star, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Docket 37
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
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
Movant(s):
CALIFORNIA CAPITAL Represented By Bruce N Graham
Plaintiff(s):
CALIFORNIA CAPITAL Represented By Bruce N Graham
2:00 PM
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01291 Avery v. Jimenez et al
Docket 11
- NONE LISTED -
Court is satisfied that it has jurisdiction. Court is also satisfied that it is appropriate for it to consider matters of which it can take judicial notice in a motion to dismiss. The date on which a recorded transfer was made is a matter of which the Court is comfortable taking judicial notice. Moreover, the date of the transfer should have been included in the complaint. Plaintiff cannot defeat a motion toi dismiss simply by omitting an undisputed fact of which the court can take judicial notice.
Court agrees with defendant that there is no independent cause of action for a constructive trust. There needs to be a viable, nonbarred theory under which a constructive trust should be imposed, and it cannot be used to circumvent the state law statute of repose that prohibits an action with respect to a fraudulent transfer after 7 years.
However, can the trustee assert any right to recovery under the "continuing tort doctrine?" See, e.g., Myers v. Malone (In re Malone), 2013 Bankr. LEXIS 5010 (Bankr. D. Neb. 2013) (relying on Roemmich v. Eagle Eye Dev., LLC, 526 F.3d 343 (9thCir. 2008) and Limestone Dev. Corp. v. Village of Lemont, 520 F.3d 797 (7th Cir. 2008)).
Continue hearing to give trustee an opportunity to analyze and brief whether he can assert any claim not barred by the statute of limitations under the continuing tort doctrine (or, stated differently, if there are any transfers to or for the benefit of the defendants that occurred within the statutory reachback period).
2:00 PM
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
Joint Debtor(s):
Sully Mariela Jimenez Represented By
Michael H Colmenares
Movant(s):
Armando Jimenez Represented By David Jacob
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#: 2:18-01291 Avery v. Jimenez et al
fr. 11-27-18
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
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#: 2:15-01535 Murtagh v. BAKER et al
fr. 5-8-18, 6-27-18, 8-16-18, 9-27-18, 12-11-18
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
2:00 PM
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.
2:00 PM
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
2:00 PM
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,
2:00 PM
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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Order imposing sanctions entered September 28, 2018 set a continued hearing for December 11, 2018 at 2:00 p.m. (later continued to January 8, 2019 by stipulation) 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
2:00 PM
material that may be relevant to this matter.
Discuss with expert and the parties timeline and next steps in this action. Deny motion to strike. Defendant will be given an opportunity to respond when court sets briefing schedule.
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
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, 12-11-18
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.
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.
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?
2:00 PM
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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
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
2:00 PM
Jessica Ponce
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
[Presumption of undue hardship]
Docket 10
12/7/18 - Debtor's Counsel, Jennifer Aragon wishes to be heard on this matter. Therefore, a notice of continued hearing was mailed to parties. Hearing continued to 1/9/19 @ 10am.
Deny approval as not being in debtor's best interest and creating an undue hardship. Court will prepare order. APPEARANCES WAIVED.
(Debtor's counsel asked to be heard. Court continued hearing to January 9, 2019.)
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
[Presumption of undue hardship]
Docket 8
- NONE LISTED -
(CALL WITH MATTER NO. 3 -- 2 VEHICLES)
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):
Patrick Donatien Represented By Chellei G Jimenez
Movant(s):
TOYOTA MOTOR CREDIT Represented By John Rafferty
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 9
- NONE LISTED -
(CALL WITH MATTER NO. 2 -- 2 VEHICLES)
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):
Patrick Donatien Represented By Chellei G Jimenez
Movant(s):
TOYOTA MOTOR CREDIT Represented By John Rafferty
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 25
- NONE LISTED -
Court is not persuaded that debtor's failure to list either his community property interest in the residence or his spouse's income was in good faith, yet, with the income listed, debtor should have been in chapter 13. Plan in its current form does not work. Based on claims filed to date, plan is not a 100 percent plan. What is the debtor's response to the trustee's opposition to the motion? Hearing required.
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 58
12/27/18 - Rika Kido, (949)340-3400, has been approved for telephonic appearance on 1/9/19 @ 10am
1/3/19 - R. Gibson Pagter, Jr. (714)541-6072 x221, has been approved for telephonic appearance on 1/9/19 @ 10am
If debtor wants to be in bankruptcy, he will need to appear for examinations and supply documents requested by the trustee. Grant motion. Court will use contempt powers if necessary to ensure compliance. Continue hearing to date after scheduled appearance/response to ensure that debtor complies with order.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
Docket 158
- NONE LISTED -
Grant motion. Authorize debtor to utilize cash collateral for a period of 90 days for the purpose of paying the budgeted amounts, plus a variance of not more than 15 percent per item. All remaining amounts should be sequestered, with lenders' liens to attach to the unused funds.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
fr. 12-12-18
Docket 43
- NONE LISTED -
Tentative Ruling for December 12, 2018:
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.
Final Ruling for December 12, 2018:
Continue hearing to January 9, 2019 at 10:00 a.m. Court requested that Debtor and Mr. Neistadt attend continued hearing in person to answer questions raised in tentative ruling.
Tentative Ruling for January 9, 2019:
Tentative ruling from December 12, 2018 remains unchanged.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
11:00 AM
fr. 11-28-18
Docket 37
- NONE LISTED -
Tentative Ruling for November 28, 2018:
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.)
11:00 AM
Overrule.
Overule.
Overrule.
Objection does not recite text to which objection relates. Overrule.
Overrule. (Again, declarant is stating his opinion.)
Overrule.
Overrule.
Overrule.
Overrule.
Overrule. (This is argument, not testimony.)
Overrule.
Final Ruling for November 28, 2018:
Court will issue OSC why case should not be dismissed based on debtor's refusal/failure to provide a knowledgeable witness concerning its operations in the district in which it chose to file bankruptcy. Court will conduct a hearing on that OSC on January 9, 2019 at 11:00 a.m. Oppositions will be due by December 26, 2018.
Tentative Ruling for January 9, 2019:
Revisit status of this motion after conclusion of hearing on Order to Show Cause re Dismissal.
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
11:00 AM
Trustee(s):
Peter J Mastan (TR) Represented By Peter J Mastan
11:00 AM
Docket 42
- NONE LISTED -
Tentative Ruling for November 28, 2018:
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.
Final Ruling for November 28, 2018: See final ruling on matter no. 100.
Tentative Ruling for January 9, 2019:
Revisit status of this motion after conclusion of hearing on Order to Show Cause re Dismissal.
Debtor(s):
Phoenix Warehouse of California, Represented By
Walter K Oetzell Uzzi O Raanan ESQ John N Tedford
Movant(s):
Yadira Espinoza Represented By
11:00 AM
Trustee(s):
Mark A. Ozzello
Peter J Mastan (TR) Represented By Peter J Mastan
11:00 AM
Docket 51
- NONE LISTED -
Debtor reports that parties have agreed to conduct examination of witness by video on January 30, 2019. Continue hearing until sometime after the scheduled examination to ensure that examination actually proceeds without incident in the manner in which the parties have agreed.
Debtor(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
2:00 PM
Docket 61
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Victor Manuel Martinez Represented By Leon D Bayer
Joint Debtor(s):
Justine Marie Martinez Represented By Leon D Bayer
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Docket 56
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
7969 Group, LLC Represented By
Raj T Wadhwani
Trustee(s):
David M Goodrich (TR) Represented By Jeremy Faith Noreen A Madoyan
2:00 PM
[Fees requested: $26,901.50, Expenses: $414.44]
Docket 64
- NONE LISTED -
Provided applicant supplies written statement from client, grant application. Allow on interim basis fees of $26,901.50 and costs of $414.44. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds.
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Docket 63
1/2/19 - Sam Leslie, (213)368-5000, has been approved for telephonic appearance on 1/9/19 @ 2pm
Grant application. Allow on interim basis fees of $162,388 and costs of $4,237.09. 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):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Movant(s):
DUMAS & KIM, APC. Represented By James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
M. Jonathan Hayes, Debtor's Attorney, Period: 6/18/2018 to 12/14/2018
[Fees requested: $74,028.50, Expenses: $508.87]
Docket 155
- NONE LISTED -
Grant application. Allow on interim basis fees of $74,028 and costs of $508.87. 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):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 41
- NONE LISTED -
1/4/19 -- As no objections were received in a timely manner, Court entered order resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Jose Antonio Mejia Represented By A Mina Tran
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
Docket 20
- NONE LISTED -
1/4/19 -- Court approved stipulated order resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Toni Denise Hampton Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
fr. 11-7-18
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.
OFF CALENDAR. MOTION HAS BEEN WITHDRAWN.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
10:00 AM
Docket 1
- NONE LISTED -
Discuss with trustee why he believes that keeping this case in chapter 11 makes more sense than converting the case to chapter 7. When does trustee think he will have all of the appropriate insurance coverages in place? Continue status conference for approximately 90 days.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
10:00 AM
fr. 11-28-18
Docket 13
1/9/19 - Hattie Yip, (213)894-1507, has been approved for telephonic appearance on 1/10/19 @ 10am
Tentative Ruling for November 28, 2018:
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.
Final Ruling for November 28, 2018:
Continue hearing to January 10, 2019 at 10:00 a.m. to give debtor a further opportunity to come into compliance.
Tentative Ruling for January 10, 2019:
What, if any, progress has debtor made since prior hearing in resolving compliance issues? Hearing required.
10:00 AM
Debtor(s):
Andrew Stephen Hennigan Pro Se
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
10:00 AM
Docket 1
1/9/19 - Hattie Yip, (213)894-1507, has been approved for telephonic appearance on 1/10/19 @ 10am
Tentative Ruling for November 28, 2018:
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?
Final Ruling for November 28, 2018:
10:00 AM
Debtor must serve and file notice of bar date not later than December 14, 2018. Bar date will be February 4, 2019. Court will continue status conference to January 10, 2019 at 10:00 a.m. Debtor should file updated status report by December 31, 2018.
12/3/18 -- Court signed scheduling order setting following dates:
L/D to serve notice of bar date -- December 14, 2018 Bar date -- February 4, 2019
Cont'd status conference -- January 10, 2019 at 10:00 a.m. L/D to file updated status report -- December 31, 2018
Tentative Ruling for January 10, 2019:
Debtor was supposed to have served notice of bar date by December 14, 2018. He served notice on December 21, 2018 (according to the proof of service attached to the notice filed with the court). The issue is when the notice was served on creditors, not when it was filed with the Court. Does the debtor have, or can the debtor truthfully execute, a declaration under penalty of perjury attesting to service on creditors of the notice of bar date on or before December 14, 2018? If not, set new bar date and require debtor to serve a new notice that explains that, because he failed to serve the prior notice in a timely manner, the Court has set a new deadline for the filing of claims.
The debtor's updated status report was filed on December 31, 2018, but does not contain a proof of service and no service copy was provided to the Court. Require debtor to file a declaration in which he states under penalty of perjury that he has read and is familiar with the local rules of the court and the court manual. Otherwise, court will insist that debtor retain counsel if he wants to remain in chapter 11.
Debtor is not licensed to practice in the State of California and should not use the abbreviation "Esq." after his name on pleadings, as that implies that one is an attorney.
10:00 AM
Has the debtor filed the Otober 2018 operating report? How about the November 2018 operating report? Has the debtor now signed up for the California bar exam?
Court granted the US Trustee's ex parte application for an extension of time to respond to the debtor's application to employ VWM Analytics. The debtor proposes to employ this firm to prepare an expert report concerning the damages that he intends to assert against Paul Hastings, which is arguably premature. Debtor will have more than ample time to employ a damages expert in light of the fact that he has not even filed a lawsuit against the firm (is this still the case?) and the court assumes that liability will be contested. (Debtor reports that he cannot obtain a right to sue letter from the EEOC in light of the government shutdown.)
Debtor(s):
Andrew Stephen Hennigan Pro Se
10:00 AM
MOVANT: FASHION TRADE MARKS CORPORATION
Docket 66
- NONE LISTED -
OFF CALENDAR. CONTINUED TO FEBRUARY 5, 2019 AT 10:00 A.M.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Movant(s):
Fashion Trade Marks Corporation Represented By
Johnny White
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
10:00 AM
VIN # 3CZR M3H3 4GG7 06867 MOVANT: HONDA LEASE TRUST
Docket 10
1/8/19 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 1/15/19 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Matthew Joseph Sharafi Represented By Daniel King
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Jason M Rund (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, 6-5-18, 9-11-18, 11-6-18
Docket 1
- NONE LISTED -
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?
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
11/26/18 -- Court approved stipulated judgment under section 523 and dismissal of claims under 727, fully resolving action. OFF CALENDAR. NO APPEARANCE 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#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
fr. 1-9-18, 4-10-18, 6-26-18, 9-27-18, 10-9-18
Docket 1
- NONE LISTED -
9/25/18 -- Court approved stipulation continuing hearing to October 9, 2018 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2018.
Tentative Ruling for October 9, 2018:
Revisit status of action after conclusion of hearing on motion for summary judgment.
1/9/19 -- Court approved stipulation continuing discovery cutoff to April 30, 2019 and continuing status conference to April 16, 2019 at 2 pm. OFF
CALENDAR FOR JANUARY 15, 2019.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
2:00 PM
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#: 2:18-01230 Brubaker v. Firstmark Access Group et al
fr. 9-26-18, 10-23-18
Docket 1
1/2/19 - Scott Schiff, (310)276-2026, has been approved for telephonic appearance on 1/15/19 @ 2pm
Set discovery cutoff for late February. Set pretrial conference for late March. Require parties to complete a day of mediation prior to date of pretrial conference.
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
AccessLex Institute dba Access Represented By
2:00 PM
Scott S Weltman
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01370 Kim v. Kim et al
Docket 1
1/14/19 - Stella Havkin, (818)999-1568 ext. 1, has been approved for telephonic appearance on 1/15/19 @ 2pm
Continue status conference for approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Elan Kim Represented By
Dale J Park
Defendant(s):
Won Il Kim Represented By
Jack G Cairl
Yohan Lee Represented By
Stella A Havkin
Jake Y Jung Represented By
Stella A Havkin
Plaintiff(s):
Elan Kim Represented By
Dale J Park Dale J Park
2:00 PM
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01376 NATIONAL FUNIDNG, INC., a California v. Donohue
Docket 1
- NONE LISTED -
Where is joint status report that should have been filed two weeks before the status conference? How long do the parties anticipate it will take to complete discovery? Is this an appropriate matter to be sent to an early mediation?
Does either party currently contemplate any pretrial motions? Hearing required.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Plaintiff(s):
NATIONAL FUNIDNG, INC., a Represented By
Jennifer Eileen Duty
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
Docket 1
1/14/19 - Stella Havkin, (818)999-1568 ext. 1, has been approved for telephonic appearance on 1/15/19 @ 2pm
Why don't the parties want this matter sent to mediation? Hearing required.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
2:00 PM
Adv#: 2:18-01377 Yoo v. Garcia et al
Docket 1
- NONE LISTED -
Plaintiff reports that defendant has agreed to stipulate to judgment. When does Trustee anticipate that he will be in a position to file stipulation and lodge stipulated judgment?
Debtor(s):
Alberto C. Garcia Represented By Frank X Ruggier
Defendant(s):
Julissa Garcia Pro Se
Victoria Garcia Pro Se
Joint Debtor(s):
Nichole L. Garcia Represented By Frank X Ruggier
Plaintiff(s):
Timothy J Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By
2:00 PM
Carmela Pagay
2:00 PM
MOVANT: ATTESSA PROPERTIES fr. 10-2-18, 10-16-18
Docket 12
- NONE LISTED -
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.
Final Ruling for October 16, 2018:
Continue hearing to January 15, 2019 at 2:00 p.m. as a holding date/status conference on motion. No new briefing is requested or required. Have the parties had an opportunity to consider whether the litigation concerning title should be removed to bankruptcy court?
Hearing required.
2:00 PM
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Movant(s):
Attessa Properties Represented By Sharon Y Adams Bobby Samini
Trustee(s):
Jason M Rund (TR) Represented By Kathleen J McCarthy Thomas H Casey
10:00 AM
Docket 75
- NONE LISTED -
This matter is not as clear cut as debtor represents. The order granting relief prohibited the movant from pursuing monetary claims attributable to the prepetition period, but that is not what these complaints do. The three complaints seek past due rent for the post-petition period only. All three were filed in late September 2017 and seek past due rents in an amount equal to three months' rent. The bankruptcy was filed on June 15, 2017. Three months x $5,000 = $15,000. Three months x $4,500 = $13,500.
The three leases were deemed rejected by operation of law on the 60th day of the case, but that does not mean that only the estate is liable. In fact, the opposite is true. Rejection means that the estate does not become liable on the obligation and that the leases are treated as having been breached prepetition; however, only prepetition obligations are discharged. If the debtor held over post-petition, he may be liable for the value of his use of the premises not under the lease, per se, but by virtual of his having held over.
Debtor contends that he did not set foot on the premises post-petition, but someone defended the unlawful detainer actions on his behalf or in his name. The only parties who might have done such a thing, if not the debtor, would be someone in possession of the premises. If the debtor put someone in possession of these properties and did not return possession of the premises to the landlord with the premises unoccupied, the debtor might be liable for the value of the post-petition use.
Continue hearing to give debtor an opportunity to provide more evidence concerning who he placed in possession of the premises and when they
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vacated (or what the debtor did to secure the premises or to return possession of them to the lessor), as well as to brief the issue of whether the debtor would be liable for the value of the use if persons he placed in possession hold over post-petition.
Debtor(s):
Richard Jimenez Represented By Sevag S Simonian
Christopher E Stiner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
fr. 3-14-18, 5-16-18, 5-30-18, 8-1-18, 10-24-18, 12-12-18
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.
Tentative Ruling for January 16, 2019:
2:00 PM
Revisit status of motion after conclusion of related matters on calendar.
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, 12-12-18
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Movant(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen
2:00 PM
fr. 8-1-18, 10-24-18, 12-12-18
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.
Final Ruling for December 12, 2018:
Continue all hearings to January 16, 2019 at 2:00 p.m. Debtor will pay
2:00 PM
$3,500 to lender, delivered to counsel, by 3:00 p.m. on Friday, December 14, 2019. If debtor does not pay this amount, counsel for lender may file a declaration and court will grant motion to convert. Debtor should file updated status report by January 14, 2019 containing evidence and argument as to appropriate amount of adequate protection payment to pay each month. (Regular payment under loan is approximately $6,900; plan contemplates monthly payment of $8,000.)
Tentative Ruling for January 16, 2019:
Debtor reports that, in family law mediation on November 9, 2019, debtor and husband agreed to temporary support at the rate of $8,000. Debtor anticipates generating an additional $2,500 per month by renting out the property located at 530 South Bentley, commencing in July. Debtor also receives approximately $4,133 per month (paid quarterly) from a partial real estate interest that she inherited post-petition from her father. Debtor reports having made the first $3,500 and has a bankruptcy mediation scheduled for January 18, 2019.
Require debtor to make a second adequate protection payment, this one for
$4,500 and continue hearings another 30 days to give the parties an opportunity to participate in bankruptcy mediation.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By 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,
12-12-18
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?
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.
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.
2:00 PM
Tentative Ruling for August 1, 2018:
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
fr. 9-26-18, 10-24-18, 11-14-18, 12-19-18
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
2:00 PM
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.)
Final Ruling for December 19, 2018:
Court agreed to trail hearing along with confirmation process in that, once the plan is confirmed containing the terms agreed to by the parties, the claim objection will become moot.
Tentative Ruling for January 16, 2019:
Revisit status after conclusion of related matters on calendar.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
2:00 PM
Docket 123
- NONE LISTED -
The plan violates the absolute priority rule, but the class of general unsecured creditors, Class 4A (which contains the deficiency claim of Ford Motor Credit and that of the State Compensation Insurance Fund, voted 100 percent in number and dollar amount to accept the plan, such that the rule does not even come into play.
Technically, since the convenience class is not being paid post-petition interest on their claims, they are still impaired and should have been permitted to vote, but they are being paid in full on the effective date, so the proposed plan treatment could be crammed down upon them. The only other impaired classes, classes 2A and 2B have voted in favor of confirmation.
Confirm plan under section 1129(a). Set post-confirmation status report for approximately 120 days after confirmation. Discuss with debtor's counsel form of confirmation order.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
2:00 PM
Docket 148
- NONE LISTED -
See tentative ruling for matter no. 205.
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 October 24, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for January 16, 2019:
2:00 PM
If court confirms plan, take case status conference off calendar and schedule post-confirmation status conference.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
fr. 6-19-18, 11-20-18
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
fr. 5-24-18, 6-20-18, 8-29-18, 9-13-18, 10-10-18, 10-24-18
Docket 430
- NONE LISTED -
OFF CALENDAR. CONFIRMATION HEARING IS ON CALENDAR NOW.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 724
- NONE LISTED -
Tentative Rulings on Substantive Issues:
Grant EWB's request for judicial notice. Overrule objections thereto.
Deny request/overrule argument that feasibility cannot be assessed until EWB's appeal has been resolved. EWB did not obtain a stay pending appeal, so court will proceed with confirmation.
Allowance of $600,000 exit fee was not intended to transform the fee from something other than an exit fee into a fee that is currently due and payable. Reject argument that it should be included in principal amount on which EWB is entitled to receive interest. Loan documents never contemplated that this fee would earn interest. This is a fee that, by definition, was to be paid at the time the obligation was paid off. The plan may retain the "exit fee" nature of this charge. Therefore, the debt service coverage ratio calculations in Ms. Nelson's expert report that use a higher figure for EWB's claim are inaccurate and the size of the necessary risk adjustment discussed below can be reduced in light of the additional interest that this fee represents.
Court will never be able to confirm a plan if it continues the hearing repeatedly to permit EWB to add attorneys' fees accrued through the present date. And an objection to plan confirmation is not the appropriate procedural vehicle for allowing EWB additional attorneys' fees. Plan or confirmation order should contain provisions to permit the court to retain jurisdiction to resolve disputes concerning additional attorneys' fees due EWB. Once
10:00 AM
additional attorneys' fees have been allowed, they can be added to amount to be paid over plan term. Additional fees added to the principal amount of the claim will not have a material impact on the feasibility of plan and can therefore be resolved later.
Court rejects argument that there is an efficient market for a loan of this type. (This is not merely a factual issue. It is a mixed issue of fact and law, the legal issue being what this phrase means in the context of a chapter 11 case. And Nelson declaration provides sufficient factual support for this finding as well.) Court will use a Till/formula analysis -- starting with the prime rate and adjusting for risk. The base rate (the starting point) is the prime rate, not the 5, 7 or 10 year treasury rate. Moreover, as Tarter notes in a footnote, the lenders making loans in this allegedly efficient market would have required written confirmation that 24-hour fitness would renew its lease. We don't have that here. We also have an amortization over 30, rather than 25 years, interest only for the first year, initially a debt coverage ratio on the low end and a debtor with whom there is a significant history of resorting to bankruptcy filings in a number of which filings trustees were appointed based on the court's determination that there had been misconduct by the debtor's principals. There needs to be a risk adjustment above the prime rate. Note: It is significantly easier for the court to assess feasibility with a fixed rate. Court will calculate a fixed rate of interest.
If debtor is confident that this plan is feasible, plan should include provisions that prohibit subsequent filing or permit EWB to have relief from stay in subsequent bankruptcy case. Court does not want to see this case back in bankruptcy at a future date. (If the Court increases the interest rate, the debt coverage ratios will be even worse and feasibility even more questionable absent such provisions.) Recall that feasibility means that confirmation is not likely to be followed by a need for liquidation or reorganization not contemplated by the plan. Provisions contained in the plan (or the confirmation order) that contemplate a liquidation/foreclosure by EWB in the event of default and prevent a further restructuring of the obligation in a future bankruptcy case satisfy the feasibility requirement.
Require debtor to submit an additional declaration disclosing compensation arrangements for Greg Galletly.
10:00 AM
With regard to the $57,000 credit that the debtor claims against amounts due EWB, the debtor is the primary obligor with regard to this obligation. The debtor owed EWB significantly more than this amount. The fact that EWB may have applied certain payments against default interest does not change the fact that the debtor owed amounts that were not default interest to EWB. This amount should be treated as a credit against payments to be made to the BGM affiliate to whom reimbursement is now due.
Rulings on Evidentiary Objections:
Schultz Declaration
Overrule evidentiary objections. Deny motion to strike as moot. Witness has adequately established his expertise in the required areas and has laid an adequate foundation for his testimony. EWB is free to cross-examine witness or dispute his testimony with expert or other testimony of its own, but his testimony is admissible.
Barclay Declaration
Overrule objections and deny motion to strike. Ms. Barclay prepared certain projections and explains in her declaration how she prepared them and the assumptions that she made in preparing them. If EWB believes the assumptions are unreliable, it can attempt to prove that with its own evidence or through cross-examination, but her projections and caculations are admissible.
Galletly Declaration:
Sustain (relevance).
Sustain (best evidence)
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
Overrule
Overrule
Overrule
Sustain (relevance)
Overrule
10:00 AM
Overrule
Overrule (there are two objection #11s)
Overrule
Overrule
Overrule
Overrule Tarter Declaration:
Overrule (witness is merely listing the documents he reviewed/considered)
Overrule
3-9. Sustain (Court does not believe that the lender's typical yield or cost of funds are relevant considerations in a cram down interest rate analysis.
Moreover, the loan yields reflected are the lenders actual loan yields, not the loan yields for which it contracted. Unless 100 percent of its borrowers pay on time in accordance with loan terms, the contractual rate for which the lender bargained is likely to be higher than the actual loan yield.)
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, 10-24-18
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 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.
Tentative Ruling for January 23, 2019:
Revisit status of case after conclusion of confirmation hearing.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
1:00 PM
fr. 1-23-19
Docket 724
- NONE LISTED -
Tentative Rulings on Substantive Issues:
Grant EWB's request for judicial notice. Overrule objections thereto.
Deny request/overrule argument that feasibility cannot be assessed until EWB's appeal has been resolved. EWB did not obtain a stay pending appeal, so court will proceed with confirmation.
Allowance of $600,000 exit fee was not intended to transform the fee from something other than an exit fee into a fee that is currently due and payable. Reject argument that it should be included in principal amount on which EWB is entitled to receive interest. Loan documents never contemplated that this fee would earn interest. This is a fee that, by definition, was to be paid at the time the obligation was paid off. The plan may retain the "exit fee" nature of this charge. Therefore, the debt service coverage ratio calculations in Ms. Nelson's expert report that use a higher figure for EWB's claim are inaccurate and the size of the necessary risk adjustment discussed below can be reduced in light of the additional interest that this fee represents.
Court will never be able to confirm a plan if it continues the hearing repeatedly to permit EWB to add attorneys' fees accrued through the present date. And an objection to plan confirmation is not the appropriate procedural vehicle for allowing EWB additional attorneys' fees. Plan or confirmation
1:00 PM
order should contain provisions to permit the court to retain jurisdiction to resolve disputes concerning additional attorneys' fees due EWB. Once additional attorneys' fees have been allowed, they can be added to amount to be paid over plan term. Additional fees added to the principal amount of the claim will not have a material impact on the feasibility of plan and can therefore be resolved later.
Court rejects argument that there is an efficient market for a loan of this type. (This is not merely a factual issue. It is a mixed issue of fact and law, the legal issue being what this phrase means in the context of a chapter 11 case. And Nelson declaration provides sufficient factual support for this finding as well.) Court will use a Till/formula analysis -- starting with the prime rate and adjusting for risk. The base rate (the starting point) is the prime rate, not the 5, 7 or 10 year treasury rate. Moreover, as Tarter notes in a footnote, the lenders making loans in this allegedly efficient market would have required written confirmation that 24-hour fitness would renew its lease. We don't have that here. We also have an amortization over 30, rather than 25 years, interest only for the first year, initially a debt coverage ratio on the low end and a debtor with whom there is a significant history of resorting to bankruptcy filings in a number of which filings trustees were appointed based on the court's determination that there had been misconduct by the debtor's principals. There needs to be a risk adjustment above the prime rate. Note: It is significantly easier for the court to assess feasibility with a fixed rate. Court will calculate a fixed rate of interest.
If debtor is confident that this plan is feasible, plan should include provisions that prohibit subsequent filing or permit EWB to have relief from stay in subsequent bankruptcy case. Court does not want to see this case back in bankruptcy at a future date. (If the Court increases the interest rate, the debt coverage ratios will be even worse and feasibility even more questionable absent such provisions.) Recall that feasibility means that confirmation is not likely to be followed by a need for liquidation or reorganization not contemplated by the plan. Provisions contained in the plan (or the confirmation order) that contemplate a liquidation/foreclosure by EWB in the event of default and prevent a further restructuring of the obligation in a future bankruptcy case satisfy the feasibility requirement.
1:00 PM
Require debtor to submit an additional declaration disclosing compensation arrangements for Greg Galletly.
With regard to the $57,000 credit that the debtor claims against amounts due EWB, the debtor is the primary obligor with regard to this obligation. The debtor owed EWB significantly more than this amount. The fact that EWB may have applied certain payments against default interest does not change the fact that the debtor owed amounts that were not default interest to EWB. This amount should be treated as a credit against payments to be made to the BGM affiliate to whom reimbursement is now due.
Rulings on Evidentiary Objections:
Schultz Declaration
Overrule evidentiary objections. Deny motion to strike as moot. Witness has adequately established his expertise in the required areas and has laid an adequate foundation for his testimony. EWB is free to cross-examine witness or dispute his testimony with expert or other testimony of its own, but his testimony is admissible.
Barclay Declaration
Overrule objections and deny motion to strike. Ms. Barclay prepared certain projections and explains in her declaration how she prepared them and the assumptions that she made in preparing them. If EWB believes the assumptions are unreliable, it can attempt to prove that with its own evidence or through cross-examination, but her projections and caculations are admissible.
Galletly Declaration:
Sustain (relevance).
Sustain (best evidence)
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
Overrule
Overrule
Overrule
1:00 PM
Sustain (relevance)
Overrule
Overrule
Overrule (there are two objection #11s)
Overrule
Overrule
Overrule
Overrule Tarter Declaration:
Overrule (witness is merely listing the documents he reviewed/considered)
Overrule
3-9. Sustain (Court does not believe that the lender's typical yield or cost of funds are relevant considerations in a cram down interest rate analysis.
Moreover, the loan yields reflected are the lenders actual loan yields, not the loan yields for which it contracted. Unless 100 percent of its borrowers pay on time in accordance with loan terms, the contractual rate for which the lender bargained is likely to be higher than the actual loan yield.)
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
1:00 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, 9-13-18, 10-10-18, 10-24-18, 1-23-19
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.
1:00 PM
Tentative Ruling for October 24, 2018:
Continue case status conference to date and time of confirmation hearing.
Tentative Ruling for January 23, 2019:
Revisit status of case after conclusion of confirmation hearing.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
MOVANT: MARTINI & ASSOCIATES
Docket 67
1/22/19 - Brandon Iskander, (949)340-3400, has been approved for telephonic appearance on 1/29/19 @ 10am
Chambers was not provided with a copy of the motion. Exhibits were not attached. Who is movant? Name does not appear in caption or in declaration. Moving papers say movant holds first deed of trust, but claim amount shown matches that of the second trust deed holder. Court cannot make heads or tails of this motion, which certainly does not establish cause to grant relief.
Deny motion without prejudice.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Movant(s):
Martini & Associates Represented By Frank Martini
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander
10:00 AM
Lynda T Bui
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 12
1/22/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 1/29/19 @ 10am
Grant relief from stay to the extent necessary to permit movant to proceed against insurance proceeds.
Debtor(s):
Eric Armenta Represented By
Steven L. Kimmel
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 7
1/23/19 - Austin Nagel, (925)855-8080 x 205, has been approved for telephonic appearance on 1/29/19 2 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Javier Ponce Represented By
Lauren M Foley
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 13
1/22/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 1/29/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sandro Solis Ortiz Represented By Cynthia Grande
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: BALCOR, LLC.
Docket 7
- NONE LISTED -
Chapter 11 cases do not get dismissed automatically for failure to file schedules. That is why the case was not dismissed when the debtor failed to file its schedules. The Court does not dismiss chapter 11 cases without analyzing whether it would be better to dismiss or convert the case or whether, if there is a dismissal, there should be a 180-day (or longer) bar to refiling. The Court ordinarily seeks input from the Office of the United States Trustee with regard to such motions and cannot effectively perform such an analysis without schedules that set forth the debtor's assets and liabilities.
Due to the shutdown, the US Trustee requested and obtained an extension of time to respond to an assortment of matters. The initial case status conference in this case is set for February 27, 2019 at 10:00 a.m. The Court will set a hearing on the debtor's motion to dismiss for the same date and time to give the U.S. Trustee an opportunity to express his views with regard to this matter and will direct the debtor to file its schedules so that the court can review them in connection with its consideration of this motion.
Grant motion for relief from stay with waiver of Rule 4001(a)(3).
Debtor(s):
Commercial Grinding Company, Inc. Represented By
Vanessa M Haberbush
10:00 AM
Movant(s):
David R Haberbush
Balcor, LLC Represented By
Andrew Mase
10:00 AM
MOVANT: BALCOR, LLC.
Docket 8
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3). (See tentative ruling for matter no. 5 for a discussion of debtor's motion to dismiss.)
Debtor(s):
Commercial Grinding Company, Inc. Represented By
Vanessa M Haberbush David R Haberbush
Movant(s):
Balcor, LLC Represented By
Andrew Mase
10:00 AM
MOVANT: BALCOR, LLC.
Docket 9
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3). (See tentative ruling for matter no. 5 for a discussion of debtor's motion to dismiss.)
Debtor(s):
Commercial Grinding Company, Inc. Represented By
Vanessa M Haberbush David R Haberbush
Movant(s):
Balcor, LLC Represented By
Andrew Mase
10:00 AM
MOVANT: ROBERT DILLON
Docket 8
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3). (If debtor has defenses to eviction, debtor can raise them in state court in the unlawful detainer action.)
Debtor(s):
Stephan Moreno Theodore Moreno Pro Se
Movant(s):
Robert Dillon Represented By Vic Rodriguez
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: PRC MULTI-FAMILY, LLC.
Docket 13
- NONE LISTED -
Grant motion with annulment, but without waiver of Rule 4001(a)(3).
Debtor(s):
Susan Denise Kearney Pro Se
Movant(s):
PRC Multi-Family, LLC Represented By Todd A Brisco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: CLEMENTE AND LIDIA MEZA
Docket 11
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Olga Montalvo Pro Se
Movant(s):
CLEMENTE AND LIDIA MEZA Represented By
Helen G Long
Trustee(s):
Edward M Wolkowitz (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, 12-4-18
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.
Final Ruling for December 4, 2019:
Continue hearing to January 29, 2019 at 2:00 pm to give parties an opportunity to pay the settlement payment and dismiss the action.
Tentative Ruling for January 29, 2019:
What, if anything, has transpired since last status conference? Hearing required.
2:00 PM
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#: 2:18-01262 Jindi Fshion INC, a California Corporation v. Kim
fr. 10-16-18
Docket 1
- NONE LISTED -
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 participate in preparation of joint status report and failure to meet and confer as required by LBR 7026-1. (Court will need declaration that should have accompanied unilateral status report.)
Debtor(s):
Evelyn Yangmi Kim Represented By Dale J Park
Defendant(s):
Evelyn Yangmi Kim Pro Se
Plaintiff(s):
Jindi Fshion INC, a California Represented By Yong Bom Lee Hyong C Kim
Trustee(s):
Timothy Yoo (TR) Pro Se
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, 10-2-18
Docket 1
1/23/19 - Philip Dapeer, (323)954-9144, has been approved for telephonic appearance on 1/29/19 @ 2pm
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.
10/4/18 -- Court signed scheduling order with following dates: Discovery cutoff -- March 31, 2019
2:00 PM
Cont'd status conference -- January 29, 2019 at 2:00 p.m. L/D to file updated status report -- January 15, 2019
Tentative Ruling for January 29, 2019:
Court set discovery cutoff of March 31, yet parties report in status report that they will complete discovery by the end of April. Are they requesting extension of discovery cutoff?
Are the parties still optimistic that they will succeed in negotiating a consensual resolution of this matter in the near future? Hearing required.
Debtor(s):
Philis Groomes-Love Represented By Philip D Dapeer
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Dean G Rallis Jr Matthew J Pero Matthew D Pham
Plaintiff(s):
Philis Groomes-Love Represented By Philip D Dapeer
2:00 PM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
Docket 7
1/23/19 - Stella Havkin, (818)999-1568, ext. 1, has been approved for telephonic appearance on 1/29/19 @ 2pm.
Court is confused about a variety of things. Trustee says the collateral in which the debtor granted a security interest was worthless and that the debtor obtained no value from entering into the transaction with defendant. (Presumably, he argues that no portion of the sale proceeds can be allocated to the collateral.) If this is the case, shouldn't the trustee be attempting to avoid the obligation the debtor incurred rather than merely attempting to avoid the security interest granted by the debtor?
The court approved the sale and there is now a pot of proceeds to which the defendant's disputed lien attaches. In its counterclaim, the defendant seeks a declaration as to the extent to which it is entitled to a share of those proceeds. An order determining the parties' respective interest in the sale proceeds is not one of the forms of relief sought by the trustee. True, if he avoids the grant of the security interest, he should be able to obtain an order declaring that the defendant has no interest in the sale proceeds, but he has not sought that remedy.
Deny motion to dismiss. Counterclaim, which seeks affirmative recovery, seems a convenient procedural vehicle for resolving a dispute that needs to be resolved.
2:00 PM
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Movant(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
Timothy Yoo (TR) Represented By Monica Y Kim
Timothy Yoo (TR) Represented By Monica Y Kim
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01338 Yoo v. Timberland Bank
Docket 12
- NONE LISTED -
Deny motion to dismiss. Court is not prepared to determine that, as a matter of law, the transaction cannot be avoided as a fraudulent transfer. What defendant knew or should have known is relevant to the outcome here -- to what extent did the defendant give value to the debtor in good faith? These are genuine issues of material fact.
However, plaintiff plans to file first amended complaint. Authorize debtor to file amended complaint and set deadline for filing of complaint and response.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Movant(s):
Timberland Bank Represented By Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01338 Yoo v. Timberland Bank
Complaint by Timothy J. Yoo against Timberland Bank fr. 1-8-19
Docket 1
- NONE LISTED -
11/21/18 -- Court approved stipulation giving defendant until December 12, 2018 to respond to complaint.
12/14/18 -- Court approved stipulation continuing status conference to January 29, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
Tentative Ruling for January 29, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By
2:00 PM
Trustee(s):
Monica Y Kim
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01337 Yoo v. Timberland Bank et al
#206.00 Defendant's Motion to Dismiss Adversary Proceeding
Docket 12
- NONE LISTED -
Deny motion to dismiss. Court is not prepared to determine that, as a matter of law, the transaction cannot be avoided as a fraudulent transfer. What defendant knew or should have known is relevant to the outcome here -- to what extent did the defendant give value to the debtor in good faith? These are genuine issues of material fact.
However, plaintiff plans to file first amended complaint. Authorize debtor to file amended complaint and set deadline for filing of complaint and response.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Timberland Bank c/o Glass & Represented By Marshall F Goldberg
Movant(s):
Timberland Bank c/o Glass & Represented By Marshall F Goldberg
2:00 PM
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01337 Yoo v. Timberland Bank et al
#207.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))
Complaint by Timothy J. Yoo against Timberland Bank fr. 1-8-19
Docket 1
- NONE LISTED -
11/21/18 -- Court approved stipulation giving defendant until December 12, 2018 to respond to complaint.
12/14/18 -- Court approved stipulation continuing status conference to January 29, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
Tentative Ruling for January 29, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Timberland Bank c/o Glass & Represented By
2:00 PM
Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01369 United States Trustee (LA) v. Park
Complaint by United States Trustee (LA) against Young Keun Park fr. 1-8-19
Docket 1
- NONE LISTED -
Continue hearing to January 29, 2019 at 2:00 p.m. to coincide with anticipated hearing on motion for default judgment. OFF CALENDAR FOR JANUARY 8, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for January 29, 2019:
Where is the motion for default judgment that plaintiff anticipated would be set for hearing today? Was motion ever filed? If not, why not? Hearing required.
Debtor(s):
Young Keun Park Pro Se
Defendant(s):
Young Keun Park Pro Se
Plaintiff(s):
United States Trustee (LA) Represented By Kenneth G Lau
Trustee(s):
Elissa Miller (TR) Represented By
2:00 PM
Annie Y Stoops Aram Ordubegian Arent Fox
Andy Kong
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, 11-27-18
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.
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 January 29, 2019:
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) Represented By Eric P Israel
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, 11-27-18
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.
Tentative Ruling for January 29, 2019:
Action has been stayed by defendants' bankruptcy filings. How does the trustee intend to proceed in this matter?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
KAMANA O'KALA, LLC Represented By
2:00 PM
SreeVamshi C Reddy
Patrick Schellerup Represented By SreeVamshi C Reddy
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
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, 11-27-18
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
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) Represented By Eric P Israel
2:00 PM
Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al
fr. 10-2-18, 10-23-18, 11-27-18
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
2:00 PM
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 Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
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, 11-27-18
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
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
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
10:00 AM
Docket 15
- NONE LISTED -
Vacate OSC as moot. Case has already been dismissed. APPEARANCES WAIVED. COURT WILL PREPARE ORDER.
Debtor(s):
Bonifacio Rivera Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 15
- NONE LISTED -
Dismiss case based on debtor's use of a fraudulent credit counseling certificate.
Debtor(s):
Henrey Morales Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 36
1/22/19 - Robert Altagen, (310)428-2375, has been approved for telephonic appearance on 1/30/19 @ 10am
Discuss with debtor why she wants to reaffirm debt. Hearing required.
Debtor(s):
Judith Marie Pokonosky Represented By Robert S Altagen
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 31
NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Areg Margaryan Represented By
Asbet A Issakhanian
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Sale Of Real Property Located At 28610 Largo Vista Road, Llano, California 93544, 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 Buyer Is Entitled To Protection Pursuant To 11 U.S.C. § 363(m)
Docket 203
NONE LISTED -
Grant motion. Approve sale to highest bidder. How did debtor find this purchaser? The motion says that both parties are represented by brokers but does not explain how debtor located this purchaser. Hearing required.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
11:00 AM
Docket 1233
NONE LISTED -
The plan trustee's response to the Ancill declaration raises a number of good points concerning information missing from the Ancill declaration. Continue hearing to give Ancill a further opportunity to supplement the information provided to address the points raised by the plan trustee.
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
11:00 AM
fr. 1-16-19
Docket 75
NONE LISTED -
Tentative Ruling for January 16, 2019:
This matter is not as clear cut as debtor represents. The order granting relief prohibited the movant from pursuing monetary claims attributable to the prepetition period, but that is not what these complaints do. The three complaints seek past due rent for the post-petition period only. All three were filed in late September 2017 and seek past due rents in an amount equal to three months' rent. The bankruptcy was filed on June 15, 2017. Three months x $5,000 = $15,000. Three months x $4,500 = $13,500.
The three leases were deemed rejected by operation of law on the 60th day of the case, but that does not mean that only the estate is liable. In fact, the opposite is true. Rejection means that the estate does not become liable on the obligation and that the leases are treated as having been breached prepetition; however, only prepetition obligations are discharged. If the debtor held over post-petition, he may be liable for the value of his use of the premises not under the lease, per se, but by virtue of his having held over.
Debtor contends that he did not set foot on the premises post-petition, but someone defended the unlawful detainer actions on his behalf or in his name. The only parties who might have done such a thing, if not the debtor, would be someone in possession of the premises. If the debtor put someone in possession of these properties and did not return possession of the premises to the landlord with the premises unoccupied, the debtor might be liable for
11:00 AM
the value of the post-petition use.
Continue hearing to give debtor an opportunity to provide more evidence concerning who he placed in possession of the premises and when they vacated (or what the debtor did to secure the premises or to return possession of them to the lessor), as well as to brief the issue of whether the debtor would be liable for the value of the use if persons he placed in possession hold over post-petition.
Final Ruling for January 16, 2019:
Continue hearing to January 30, 2019 at 11:00 a.m. Debtor should file and serve supplemental papers addressing issues raised by the court at the January 16 hearing not later than January 24, 2019.
Tentative Ruling for January 30, 2019:
According to the supplemental declarations provided, the debtor took steps to cause the keys to be returned to the landlord promptly upon the commencement of his bankruptcy case and the debtor took no steps to re-let the properties or to occupy the properties thereafter. Therefore, the claim asserted by the landlord does not appear to have been based on the debtor's post-petition possession of the premises. It appears to have been based solely on the debtor's liabililty for rents under the terms of the lease. As the lease was deemed rejected by operation of law on the 60th day of the case, any claim for contractual rents (regardless of the period to which the rent relates) is a pre-petition claim. The Court did not grant relief from stay to permit the lessor to litigate prepetition claims and any prepetition claims (including the lessor's rejection damage claim) were discharged in bankruptcy.
Grant motion. Enter order declaring monetary portion of judgments void, as these portions violated the automatic stay and the discharge injunction.
Award debtor his actual damages (attorneys' fees and expenses) under section 362(k) in the amount of $4,275. (Disallow request for costs of $245, as this amount did not need to be paid.)
11:00 AM
Debtor(s):
Richard Jimenez Represented By Sevag S Simonian
Christopher E Stiner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Docket 56
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Azalea Pena Represented By
Scott D Olsen
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: VREJ AINTABLIAN; GEORGE AINTABLIAN
Docket 61
NONE LISTED -
Grant motion (with waiver of Rule 4001(a)(3)) subject to conditions outlined by trustee in his response -- that action will be based solely on post-petition acts, that stay will remain in effect with respect to the enforcement of any judgment agianst the debtor or property of the debtor's estate, that movant will not have a claim against the estate and shall not interfere with or in any way administer, garnish, or otherwise levy upon property of the estate.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Movant(s):
George Aintablian Represented By James W Bates
Vrej Aintablian Represented By James W Bates
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
10:00 AM
MOVANT: STANDARD OIL CREDIT HOLDING GROUP, LLC. fr. 3-6-18, 8-7-18
Docket 8
NONE LISTED -
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 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.
10:00 AM
Tentative Ruling for February 5, 2019:
Court understands that the parties have negotiated a consensual resolution of this motion, but the parties have not lodged a satisfactory form of order. If they would like an order granting in rem relief, they should lodge an order that grants such relief. Chambers has discussed with the trustee what such an order should look like. Hearing required.
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: FASHION TRADE MARKS CORPORATION fr. 1-15-18
Docket 66
NONE LISTED -
The Court previously entered an order approving the parties' stipulation, but the stipulation contemplates that there will be an order granting "in rem" relief from stay and no order granting such relief has been lodged. Chambers has discussed with the trustee what such an order should look like. Hearing required.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Movant(s):
Fashion Trade Marks Corporation Represented By
Johnny White
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
10:00 AM
MOVANT: JPMORGAN CHASE BANK, N.A.
Docket 26
1/29/19 - Joseph Pleasant, (760)842-5850 x 242, has been approved for telephonic appearance on 2/5/19 @ 10am.
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: FIRST FINANCIAL FEDERAL CREDIT UNION
Docket 38
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Movant(s):
First Financial Federal Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: US BANK, NA
Docket 11
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Floyd Naymon Foster Sr. Represented By Steven A Alpert
Movant(s):
U.S. BANK NATIONAL Represented By Sean C Ferry
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: PLATINUM LOAN SERVICING, INC.
Docket 86
1/30/19 - Lewis Landau, (888)822-4340, has been approved for telephonic appearance on 2/5/19 @ 10am
2/4/19 - Yi Sun Kim, (818)382-6200, has been approved for telephonic appearance on 2/5/19 @ 10am
Property now appears on Redfin.com. The amount of coverage necessary is not the full value of the property. The issue is whether the coverage amount is sufficient to replace the dwelling. One doesn't need to insure the value of the land. Movant has not provided admissible evidence or expert testimony as to the appropriate value for which this property should be insured.
Set deadline by which debtor will need to have filed motion to sell property. Continue hearing to give debtor a reasonable (further) opportunity to market and sell the property.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
Movant(s):
Platinum Loan Servicing, Inc. Represented By Lewis R Landau
10:00 AM
Adv#: 2:18-01255 Avery
Docket 36
NONE LISTED -
Deny motion. In the moving papers, the movant acknowledges receipt of the trustee's adversary complaint and that they were advised to seek legal counsel. The fact that the defendants did not understand the papers does not constitute excusable neglect. They should have sought assistance or at least shown up in court to ask what was going on and make an effort to defend themselves. Instead, they did nothing. Nothing in the moving papers constitutes excusable neglect. It is not appropriate for them to do nothing and permit a default to be entered and a default judgment to be entered and thereafter to seek to vacate the dismissal now that they realize the significance of the complaint.
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Movant(s):
Marvena Moore Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By
10:00 AM
David M Goodrich
2:00 PM
Adv#: 2:18-01318 Ferrari Financial Services, Inc. v. Wiltsey
fr. 12-18-18
Docket 1
1/24/19 - Kevin Roger, (949)263-8757 x 116, has been approved for telephonic apeparance on 2/5/19 @ 2pm
1/28/19 - Default entered against Matthew E Wiltsey.
Tentative Ruling for December 18, 2018:
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.
Final Ruling for December 18, 2018:
Continue status conference to February 5, 2019 at 2:00 p.m. Plaintiff should file and serve default judgment motion by January 15 and set it for hearing on February 5, 2019 at 2:00 p.m. Plaintiff should serve and file notice of continuance of status conference.
Tentative Ruling for February 5, 2019:
Continue status conference to February 26, 2019 at 2:00 p.m. to be heard concurrently with motion for default judgment. OFF CALENDAR FOR FEBRUARY 5, 2019.
Debtor(s):
Matthew Edward Wiltsey Pro Se
2:00 PM
Defendant(s):
Matthew Edward Wiltsey Pro Se
Plaintiff(s):
Ferrari Financial Services, Inc. Represented By Timothy J Silverman
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Adv#: 2:18-01424 Olmo et al v. Wiltsey
Docket 1
2/4/19 - Carl Mueller, (310)347-4697, has been approved for telephonic appearance on 2/5/19 @ 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):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Plaintiff(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
2:00 PM
Adv#: 2:18-01297 Berkhahn v. Wells Fargo Education Financial Services et al
fr. 11-27-18
Docket 1
1/29/19 - Randy Mroczynski, (714)431-1026, has been approved for telephonic appearance on 2/5/19 @ 2pm.
2/5/19 - Bonni Mantovani, (818)227-0100 x 323, has been approved for telephonic appearance on 2/5/19 @ 2pm.
11/9/18 -- Court approved stipulation discharging plaintiff's liability on Navient loan and dismissing Navient and SLM as defendants in this action.
Tentative Ruling for November 27, 2019:
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.
Final Ruling for November 27, 2018:
2:00 PM
Court continued status conference to February 5, 2019 at 2:00 p.m. Parties shall file joint status report not later than January 22, 2019.
1/9/19 -- Court granted Dept. of Education's request for stay of proceeding in light of government shutdown. Court will continue status conference from time to time until stay has been lifted.
Tentative Ruling for February 5, 2019:
Now that government has reopened, at least temporarily, what would the Department of Education like to do with the deadlines in this action? Hearing required.
Debtor(s):
Rachael Ann Berkhahn Represented By Sanaz S Bereliani
Defendant(s):
Wells Fargo Education Financial Pro Se Salander Enterprises, LLC, Assinee Represented By
Bonni S Mantovani
U.S. Dept of Education Represented By Elan S Levey
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
2:00 PM
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01263 Manjikian v. Triskell Restorations Inc a California corporation
fr. 10-16-18, 12-4-18
Docket 1
1/23/19 -Natasha Buchanan, (714)620-2350 x 340, has been approved for telephonic appearance on 2/5/19 @ 2pm
1/28/19 - Jerry Hemme, (858)587-3555, has been approved for telephonic appearance on 2/5/19 @ 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
Tentative Ruling for February 5, 2019:
Where is the joint status conference that should have been filed 14 days before the status conference? Hearing required.
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#: 2:18-01275 Dolce et al v. Kendrick
Docket 15
NONE LISTED -
Tentative Ruling for December 4, 2018:
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.
Final Ruling for December 4, 2018:
Continue hearing to February 5, 2019 at 2:00 p.m. Plaintiff should file and serve supplemental declaration(s) not later than January 15 and serve notice of continuance of status conference.
Tentative Ruling for February 5, 2019:
It is extremely difficult to review the papers provided by the plaintiff as the copy delivered to the court was two-sided.
Deny motion. Court may not vacate a discharge under section 727(d) unless
2:00 PM
the discharge was obtained by fraud and plaintiffs did not know of the fraud until after the granting of the discharge. According to the supplemental papers, plaintiffs learned of the bankruptcy on April 19, 2017. The debtor's discharge was not granted until August 28, 2017. The papers do not disclose when the plaintiffs of the alleged inaccuracies in the schedules, but, once the plaintiffs knew of the bankruptcy filing, they would have had access to the schedules to determine whether the information contained was accurate.
Further, plaintiffs still have not offered any evidence to show whether the debtor is married and when he got married and there is no evidence in the declaration to explain who procured the Realist Property Search and where the information in such a search comes from.
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 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, 12-4-18
Docket 1
NONE LISTED -
If Court grants motion for default judgment, take status conference off calendar. If Court continues hearing on motion for default judgment, continue status conference to coincide with date of continued 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#: 2:18-01081 Gonzalez v. Zamora et al
fr. 8-28-18, 11-6-18
Docket 16
2/5/19 - Jocelyne Zavala, (213)452-0070, has been approved for telephonic appearance on 2/5/19 @ 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 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,
2:00 PM
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.
Final Ruling for November 6, 2018:
Continue hearing to February 5, 2019 at 2:00 p.m. to see whether debtor can get the trustee the information that he requires.
Tentative Ruling for February 5, 2019:
Ordinarily, if debtors refuse to cooperate, the Court dismisses their bankruptcy case and may do so with a bar; however, that is not the relief the trustee is seeking here. The trustee is seeking a judgment barring the debtors' discharge, but he has not provided any admissible evidence of anything other than the debtors' lack of cooperation.
The trustee has identified various representations made in the debtors schedules, but has not provided any evidence that these representations are
2:00 PM
false. The closest thing to any such evidence is the following statement by the trustee in his original declaration: "After the conclusion of the meeting of creditors, I received information from a credit as to the Debtors' alleged ownership in the real property commonly described as 7220 S. Western Avenue, Los Angeles, CA 90047 (the "Property") and operation of a business under the name of "Las Palomsas Night Club" (the "Night Club"). This is not admissible evidence to support the proposition that the debtors owned this property or operated this night club. Presumably, the trustee could obtain such evidence from sources other than the debtor if he would like to demonstrate that the debtors schedules are false, but he has not done so.
Continue the hearing (again) to give the trustee an opportunity to obtain admissible evidence to demonstrate that debtors have made false oaths in their schedules.
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
2:00 PM
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, 11-6-18
Docket 1
2/5/19 - Jocelyne Zavala, (213)452-0070, has been approved for telephonic appearance on 2/5/19 @ 2pm.
If Court grants motion for default judgment, take status conference off calendar. If Court continues hearing on 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
10:00 AM
Order Approving Compromise Pursuant To FRBP 9019 Among The Chapter 7 Trustee, Dix Hills Water District, Greenlawn Water District, Town Of Huntington, New York, New York State Department Of Environmental Conservation, AL Relays, And DRI Relays Inc. [Doc. No. 199] [Doc. No. 234];
Order Approving Settlement Agreement With Great American Insurance Company, And American National Fire Insurance Company (N/K/A Great American Insurance Company Of New York) And Pacific Indemnity Company And Authorizing The Sale Of The Estates Interest In The Policies Free And Clear Of Liens, Claims, Interests And Other Encumbrances
Docket 259
NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative rulings.
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
10:00 AM
Docket 67
1/30/19 - Thomas Casey, (949)766-8787, ext 101, has been approved for telephonic appearance on 2/6/19 @ 10am
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Trustee(s):
Jason M Rund (TR) Represented By Kathleen J McCarthy Thomas H Casey
10:00 AM
Docket 35
2/1/19 - Stephanie Krafchak, (310)980-9443, has been approved for telephonic appearance on 2/6/19 @ 10am
Overrule objection. Trustee seeks to employ financial advisor to assist him in determining whether there are other assets of the estate. This is an employment application, not a fee application. Whether or not there are assets available to pay the advisor's fees may be an issue for the financial advisor to consider, but is not a basis upon which to oppose the application. If and when the trustee seeks to surcharge anyone's collateral, Admire Capital will be free to oppose that motion.
Grant application.
Debtor(s):
Bricks Hospitality Group, L.L.C. Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
10:00 AM
Docket 1
1/9/19 - Debtor has not uploaded a list of creditors - due 12/27/18. Debtor has not file schedules/statements - due 1/3/19.
2/1/19 - Stephanie Krafchak, (310)980-9443, has been approved for telephonic appearance on 2/6/19 @ 10am
2/5/19 - Nami Kang, (310)785-0885, has been approved for telephonic appearance on 2/6/19 @ 10am
Tentative Ruling for November 19, 2018:
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.
Final Ruling for November 19, 2018:
Debtor failed to controvert petition in a timely manner. Court will enter an
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order for relief and will include date of continued status conference in order. Order will direct debtor or its principals to fulfill the debtor's duties, including the filing of schedules, etc. Chapter 7 trustee should file and serve a status report by January 30, 2019.
Tentative Ruling for February 6, 2019:
If Admire would like the Court to take some action with regard to this bankruptcy or the Gong bankruptcy case, it will need to bring a motion requesting an order granting whatever remedy Admire is hoping to impose. In the meantime, the Court appreciates the trustee's status report and expects the trustee to continue his efforts to analyze available assets and administer them in a manner that will serve the best interest of the estate.
Is the court correctly reading the certificate of insurance provided by the debtor? Does it reflect that coverage went into effect on January 25, 2019 -- the date before the "latest" fire occurred on the property? Discuss with parties the current state of the property and what the trustee intends to do with the property pending the outcome of his adversary proceeding against co-owners and any possible sale. Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Pro Se
10:00 AM
Docket 163
NONE LISTED -
Grant motion. Waive appearances. Reorganized debtor is authorized to upload order consistent with tentative ruling.
Debtor(s):
Critical Car Care, Inc. Represented By Steven R Fox
10:00 AM
fr. 12-19-18
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.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
Movant(s):
Lisa Frances Platt Represented By Douglas M Neistat
11:00 AM
Turnover of Documents;
Debtor to Appear to the Section 341(a) Meeting of Creditors fr. 1-9-19
Docket 58
1/29/19 - Rika Kido, (949)340-3400, has been approved for telephonic appearance on 2/6/19 @ 11am.
2/1/19 - R. Gibson Pagter, (714)541-6072 x 221, has been approved for telephonic appearance on 2/6/19 @ 11am
Tentative Ruling for January 9, 2019:
If debtor wants to be in bankruptcy, he will need to appear for examinations and supply documents requested by the trustee. Grant motion. Court will use contempt powers if necessary to ensure compliance. Continue hearing to date after scheduled appearance/response to ensure that debtor complies with order.
Final Ruling for January 9, 2019:
341(a) meeting is scheduled for February 5, 2019. Court entered order granting motion insofar as it requested debtor to immediately turnover documents/information requested in motion and to appear at the continued 341(a) meeting on February 5, 2019. Court will conduct a continued hearing on February 6, 2019 at 11:00 a.m. to ensure compliance with the order.
Tentative Ruling for February 6, 2019:
11:00 AM
Did debtor produce required documents and appear at 341(a) meeting on February 5, 2019? Hearing required.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
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, 10-17-18
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?
11:00 AM
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.
Tentative Ruling for February 6, 2019:
Court has reviewed the trustee's status report and updated status report. Discuss with the parties' Mr. Hudson's decision to move the Pico location less than a mile away to a different location on La Brea.
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. 1-4-17, 1-5-17, 2-8-17, 3-8-17, 5-17-17, 7-25-17, 1-24-18, 1-31-18, 8-8-18
Docket 1
1/29/19 - Lana Milojevic, (212)257-6486, has been approved for telephonic appearance on 2/6/19 @ 11am.
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
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anticipated date of a hearing on a disclosure statement.
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
11:00 AM
priority or administrative claims that have not been paid? Hearing required.
Tentative Ruling for February 6, 2019:
Court has reviewed the trust's status report. Continue case status conference to August 7, 2019 at 11:00 a.m. Trust should file and serve updated status report (accompanied by declaration) not later than July 25, 2019.
APPEARANCES WAIVED ON FEBRUARY 6, 2019.
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, 8-8-18
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?
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.
Tentative Ruling for February 6, 2019:
11:00 AM
TAKE STATUS CONFERENCE OFF CALENDAR DUE TO GRANT OF MOTION FOR FINAL DECREE. NO APPEARANCE REQUIRED.
Debtor(s):
Critical Car Care, Inc. Represented By Steven R Fox
11:00 AM
Docket 1
1/29/19 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 2/6/19 @ 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
Final Ruling for November 7, 2018:
Continue status conference to February 6, 2019 at 11:00 a.m. Debtor should file and serve updated status report by January 25, 2019.
Tentative Ruling for February 6, 2019:
Debtor still has not filed plan and disclosure statement. Debtor should devise plan structure that will work no matter the outcome of the pending matters.
Set deadline for filing plan and disclosure statement for approximately 60 days. Continue case status conference to date that will coincide with date of hearing on disclosure statement.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
11:00 AM
Docket 1
1/31/19 - Kevin Roger, (949)263-8757, x 116, has been approved for telephonic appearance on 2/6/19 @ 11am
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.
Final Ruling for November 7, 2018:
Continue status conference to February 6, 2019 at 11:00 a.m. Debtor should file and serve updated status report not later than January 25, 2019. Debtor must file motion to sell property or to dismiss case not later than February 20, 2019. US Trustee will lodge order to this effect.
Tentative Ruling for February 6, 2019:
Debtor has filed motion to dismiss and court shortened time on hearing so that it could be heard concurrently with case status conference. Revisit case status after conclusion of hearing on motion to dismiss.
Debtor(s):
NineSquare Holdings LLC Represented By
11:00 AM
Andrew Moher
11:00 AM
[OST]
Docket 48
1/31/19 - Kevin Roger, (949)263-8757, x 116, has been approved for telephonic appearance on 2/6/19 @ 11am
Does the US Trustee have any questions or concerns with regard to the proposed dismissal of this case? Hearing required.
Debtor(s):
NineSquare Holdings LLC Represented By Andrew Moher
Movant(s):
NineSquare Holdings LLC Represented By Andrew Moher
2:00 PM
Docket 187
NONE LISTED -
1/25/19 -- Court granted motion continuing confirmation hearing to April 3, 2019 at 2:00 p.m. and giving debtor to and including March 27, 2019 to file and serve his confirmation motion, ballot tally and supporting declarations. OFF CALENDAR FOR FEBRUARY 6, 2019.
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.
1/25/19 -- Court continued status conference to date of continued confirmation hearing. OFF CALENDAR FOR FEBRUARY 6, 2019.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
2:00 PM
MOVANT: CENTER STREET LENDING FUND IV SPE, LLC. fr. 11-27-18, 12-12-18
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.
Tentative Ruling for February 6, 2019:
Revisit motion after conclusion of hearings on related matters on calendar.
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 120
NONE LISTED -
Debtor has filed a substitution of attorney, but has not yet filed a motion to employ replacement counsel. Why not? Debtor represented in motion that application to employ would be filed by January 17, 2019.
Why has it taken the debtor this long to proceed against the lender with regard to any issues or concerns that she may have with regard to the amount of its secured claim? The court set a deadline for her to file an adversary proceeding so that she would move forward with this last fall. (The original deadline was in July of last year, but the Court extended it at debtor's request to August 3 and then to September 25 or 28.) Debtor has had more than enough time to move this case foward and numerous issues arose at the hearing on the last disclosure statement that raise serious questions about the debtor's willingness to administer her assets for the benefit of her creditors.
Deny motion to extend.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
2:00 PM
fr. 12-12-18
Docket 97
NONE LISTED -
Debtor has not filed the amended version of her disclosure statement by the deadline established by the court for this purpose. Deny approval of disclosure statement.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
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
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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.
Tentative Ruling for February 6, 2019:
Discuss with parties whether it would be better for the court to appoint a chapter 11 trustee or to convert the case to chapter 7. Hearing required.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
10:00 AM
Docket 20
NONE LISTED -
At request of UST, continue hearing to February 27, 2019 at 10:00 a.m. OFF CALENDAR FOR FEBRUARY 7, 2019.
Debtor(s):
Tralyia Dillon Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 36
NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Oscar A Salazar Represented By Kevin Tang
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
10:00 AM
Docket 18
NONE LISTED -
Grant motion. There is a presumption of abuse that has not been rebutted. If debtor reported all of the income he is receiving, he would have more than enough disposable income to repay his debts in full several times over.
Dismiss case for abuse under sections 707(b)(1) and (2).
Debtor(s):
Sammy Song Ok Choe Represented By Theresa Woo
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 19
NONE LISTED -
Grant motion. Extend deadline for filing objection to discharge and motion to dismiss for abuse through March 25, 2019.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
11:00 AM
Docket 9
NONE LISTED -
Deny approval. Parties did not use mandatory form. (Creditor is lowering interest rate from 36 percent to 34.97 percent and slightly increasing the principal amount of the loan.)
Debtor(s):
Wendy Alvarez Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
Deny approval. Debtor is only co-signor and interest rate is 24.95 percent.
Debtor(s):
Trina Chevonne Newman Represented By Marshall S Tierney
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Omar A Cuevas Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Kara Marie Quilang Cruz Represented By Raymond J Bulaon
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Eric John David Fonseca Represented By Marlin Branstetter
Joint Debtor(s):
Angelica Praise Fonseca Represented By Marlin Branstetter
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Arnita Danette Sass Connell Represented By Heather J Canning
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Arnita Danette Sass Connell Represented By Heather J Canning
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Leonel Dennis Dimas Represented By Lauren M Foley
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
Deny approval. Debtor is not primary obligor.
Debtor(s):
Esther Guardado Represented By
Michael H Colmenares
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Irma Woods Represented By
Marcus Gomez
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Kimari Kubota Represented By Peter M Lively
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 16
NONE LISTED -
NONE LISTED -
Debtor(s):
Floyd E. Givehand Represented By
James D. Hornbuckle
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Estela Torres Yanez Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Gonzalo Gerardo Campos Represented By Gregory Grigoryants
Joint Debtor(s):
Veronica Esperanza Britos De Represented By Gregory Grigoryants
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Angela C Joyner Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Arik Randal McNally Represented By John Asuncion
Movant(s):
Arik Randal McNally Represented By John Asuncion
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Kimberly Jo Brand Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
John Ernest Isidro-Munoz Represented By Raymond J Bulaon
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 11
1/3/19 - Lisa Yun, (619)338-6541, has been approved for telephonic appearance on 2/7/19 @ 11am
NONE LISTED -
Debtor(s):
John Ernest Isidro-Munoz Represented By Raymond J Bulaon
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Lisa Wray Dykes Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Luis Arellano Represented By Raymond Perez
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Kay Ann Tekle Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Angela Felicia Reid Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Michael David Warren Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
OFF CALENDAR. CONTINUED TO MARCH 14, 2019 AT 9:30 A.M. BEFORE JUDGE KWAN.
Debtor(s):
Kathryn Maverick James Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
11:00 AM
Docket 7
NONE LISTED -
NONE LISTED -
Debtor(s):
VICTOR ROSALES Represented By
Ivan M Lopez Ventura
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Marcela Nicole Ticas Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 7
NONE LISTED -
NONE LISTED -
Debtor(s):
Brian Allen Vanyo Represented By Louis J Esbin
Joint Debtor(s):
Fabiana Luisa Vanyo Represented By Louis J Esbin
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
NONE LISTED -
Debtor(s):
Robert Ray Harrison Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 16
NONE LISTED -
NONE LISTED -
Debtor(s):
Dora Aguilera Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Marta Gonzalez Represented By
Sevag Nigoghosian
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Marta Gonzalez Represented By
Sevag Nigoghosian
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:13-01406 Menchaca v. RESS Financial Corporation, a California Corporati
fr. 11-27-18
Docket 298
2/1/19 - Jeffrey Broker, (949)222-2000, has been approved for telephonic appearance on 2/7/19 @ 2pm
Tentative Ruling for November 27, 2018:
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. The clear and convincing standard appl;kies not only to whether the stay has been violated, but also to knowledge and intent.
2:00 PM
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.
Final Ruling for November 27, 2018:
Continue hearing to February 7, 2019 at 2:00 p.m. Trustee should file and serve briefs and declarations with new calculations that authenticate anything in the record that trustee would like the court to view not later than January 17, 2019. RESS should file and serve briefs and declaration authenticating anything in the record that it would like the court to look at not later than January 31, 2019.
Tentative Ruling for February 7, 2019:
Neither the letter from Mr. Broker nor that from Mr. Gross told the lender of the existence of the valuation order. Therefore, neither letter advised the lender that the bankruptcy court had made a determination that the reconveyances were valid and enforceable and that the collateral package securing the loan was 636 acres, not 1284 acres. The testimony at trial was
2:00 PM
that the lender did not learn of the existence of the valuation order until it received the complaint. Therefore, the trustee did not establish with clear and convincing evidence that, at any point prior to April 2, 2013, the lender knew that the automatic stay still applied to the reconveyed property.
Mr. Beasley's testimony about the Trustee's Sale Guaranty does not refute this. He testified that, when he saw the reconveyances on the TSG, he did further investigation and found that no map had been recorded as required by the California Subdivision Map Act that identified the reconveyed property as a separate legal parcel. Therefore, he concluded that a foreclosure as against only the 636 acres would violate the SMA and that the reconveyance was invalid because it didn't comply with the SMA.
Plaintiff claims that, if the Court were to reduce the damage award to fees and expenses incurred from and after April 2, 2013, it would result in a reduction of approximately $9,000, but that calculation includes compensation for fees incurred in preparing the complaint, which occurred before April 2, 2013. And did the plaintiff file any declarations to support his calculations? (In preparing these declarations, plaintiff should review the charges identified in RESS's brief to ensure that only amounts attributable to litigation concerning issues that flowed directly from the stay violation, which amounts should include litigation necessary to obtain payment of these fees and expenses are included in the calculations.)
The original judgment included fees paid by Beaumont of $182,844.98; fees due Levene Neal of $190,159.50 and fees paid by Mr. Krentel of $51,114.50. Court agrees that it may be appropriate to include at this juncture additional amounts that were not included in the calculations because they had not yet been paid by Beaumont, but they too must be fees that flow directly from issues attributable to the stay violation.
RESS seems to be saying that fees attributable to the slander of title claim or the injunctive relief claim cannot be included, but the Court disagrees. These fees do in fact flow directly from the stay violation. The slander of title in question was the lender's refusal to acknowledge that it did not hold a valid lien against property of the estate that was protected by the automatic stay.
This is a violation of section 362(a)(3) -- an attempt to exercise control over
2:00 PM
property of the estate. The whole point of the slander of title claim was simply to cause the lender to stop asserting that it still held a valid lien against the reconveyed property. A similar analysis applies to the injunctive relief claim. Although the lender rescinded the NOD, at no time did the lender agree that the reconveyances were valid and that it could not record a new NOD with regard to the reconveyed property -- property that the Court has held is property of the estate protected by the automatic stay. The request for injunctive relief was simply to ensure that the stay violation was not repeated. The fact that the slander of title claim was ultimately dismissed does not change this result.
The Court rejects RESS's contention that it cannot be liable for damages because it did nothing that violated the stay after it was served with the complaint. This is not accurate. Although RESS may have offered to stipulate to injunctive relief, this offer was never unconditional. RESS never offered to stipulate that there was no valid lien against the reconveyed property and always conditioned its willingness to agree to injunctive relief on the waiver of any monetary claims for damages for violation of the automatic stay. As a result, the plaintiff had no alternative but to continue the litigation to obtain the compensation and prospective relief to which it was entitled.
Continue hearing to give plaintiff a further opportunity to supply declarations that break out with particularity the fees incurred after April 2, 2013 that are attributable to issues and claims that flow from the stay violations and nothing else.
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
2:00 PM
National Financial Lending, Inc. Pro Se
Does 1 through 20 Pro Se
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
10:00 AM
Adv#: 2:12-01832 MGM Grand Hotel, LLC et al v. PHAN
Docket 78
2/7/19 - Attorney for Plaintiff will be submitting new Application/Order and setting hearing for: APRIL 2, 2019 @ 10AM.
If witness appears, have reporter administer oath and direct parties to retire to attorney conference room for examination.
Debtor(s):
NGOC TAY PHAN Represented By Jonathan T Nguyen
Defendant(s):
NGOC TAY PHAN Represented By Jonathan T Nguyen
Movant(s):
MGM Grand Hotel, LLC Represented By William A Orzel
Plaintiff(s):
MGM Grand Hotel, LLC Represented By William A Orzel
Bellagio, LLC Represented By William A Orzel
10:00 AM
Trustee(s):
Alberta P Stahl (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC. DBA CHRYSLER CAPITAL
Docket 9
2/5/19 - Jennifer Wang, (714)431-1026, has been approved for telephonic appearance on 2/12/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sabrina Nicole Fisher Represented By Heather J Canning
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
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):
Maria Luisa Castanon Represented By
James Geoffrey Beirne
Movant(s):
U.S. Bank National Association, as Represented By
Angie M Marth
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 9
2/7/19 - Austin Nagel, (925)855-8080 x 205, has been approved for telephonic appearance on 2/12/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Omar Galvez Represented By
Sam Benevento
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: 333 BOYLSTON, LLC. fr. 2-26-19
Docket 9
- NONE LISTED -
Property is not residential property. Paragraph 4 of the motion (relying on sections 362(b)(22) and (23) is inapplicable. (But court will not sua sponte impose sanctions under Rule 9011. Did debtor even give movant the benefit of the safe harbor provisions of that Rule?)
Deny motion to strike. Court agrees that evidence submitted is appropriate in light of substantive issues/defenses raised in opposition to motion.
Grant relief from stay to the extent necessary to permit the parties to litigate to a final judgment their respective claims against one another with regard to the property. (Leave stay in effect with regard to enforcement/obtaining possession.) Court is not currently in a position to assess whether there is a reasonable prospect of reorganization within a reasonable period. Continue hearing on balance of relief for a period of 60 to 90 days to give court an opportunity to re-assess at that point whether there is a reasonable prospect of reorganization within a reasonable period.
According to the debtor, there was an agreement that no rent would be paid while the property was in escrow. What happened to the escrow? What was supposed to happen after the close of escrow? Was the debtor to remain in possession? What rent was the debtor supposed to pay at that point? Is the
10:00 AM
debtor in a position to pay any rent at this point? Is it the debtor's position that its obligation to pay rent is suspended indefinitely? How does the debtor intend to fulfill its requirement to pay post-petition rents?
Hearing required.
Debtor(s):
L.A. Entertainment Center, Inc. Represented By Raymond H. Aver
Movant(s):
333 Boylston, LLC Represented By Stacey A Miller
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Approving Debtors' Disclosure Statement Describing Debtors' Plan Dated December 31, 2018
Setting Plan Solicitation And Confirmation Procedures
Docket 224
- NONE LISTED -
See tentative ruling for matter no. 101.
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
Movant(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
GiGi Renee Shepherd Represented By
11:00 AM
Ron Bender Todd M Arnold
Beth Ann R Young
11:00 AM
Docket 223
- NONE LISTED -
In light of the issues that the debtors have had with consummating a sale of the property, the Court agrees that the plan and confirmation order should contain provisions that explain what will happen if a sale isn't consummated by a date certain. (There can be a procedure for applying for an extension of that date.) The court does not want to be in the situation of having a plan confirmed that never goes effective.
Additional Comments on Plan:
As the debtors have reserved the right to object to claims, the plan should include provisions concerning a disputed claim reserve.
The section on modification should be updated to include 1127(e).
The discharge section should be changed to provide that debtors will only receive a discharge once they have made all the payments due under the plan.
Disclosure Statement:
Debtors should add a discussion of the current status of the Keros settlement and more information concerning recent efforts to consummate a sale of the properties.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender
11:00 AM
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
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, 11-28-18
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.
Tentative Ruling for February 12, 2019:
Revisit status of case after conclusion of hearing on disclosure statement. (Debtors do not need to keep answering all questions in the original order setting the status conference in subsequent status reports. They only need to apprise the court of the current status of the case and significant developments since the last status conference.)
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
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, 12-11-18
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.
1/2/19 -- Court approved compromise pursuant to which lump sum will be paid and action will be dismissed.
1/15/19 -- Court approved stipulation re dismissal. OFF CALENDAR. ACTION DISMISSED.
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
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Lindsey L Smith
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, 12-18-18
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.
1/9/19 -- Court entered scheduling order that included the following language:
2:00 PM
Tentative Ruling for February 12, 2019:
Approve parties' joint pretrial order (with one correction to be discussed on record). Set date and briefing schedule for evidentiary hearing.
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#: 2:18-01430 Leslie (TR) v. Alaberdyan
Docket 1
- NONE LISTED -
1/18/2019 -- Court approved stipulation extending deadline to respond to complaint to January 23, 2019.
1/28/19 -- Court approved stipulation continuing status conference to February 26, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 12,
2019.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Nina Alaberdyan Represented By Stella A Havkin
Plaintiff(s):
Sam S Leslie (TR) Represented By Brandon J Iskander
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui
2:00 PM
Brandon J Iskander
2:00 PM
Adv#: 2:18-01436 KURTZ v. Sandoval et al
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):
Manuel Rene Servin Pro Se
Defendant(s):
Felix R. Sandoval Pro Se
Juan Sandoval Pro Se
Manuel Rene Servin Pro Se
Brenda Marisela Servin Pro Se
Joint Debtor(s):
Brenda Marisela Servin Pro Se
Plaintiff(s):
HEIDE KURTZ Represented By Carmela Pagay
2:00 PM
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:18-01336 Royal Bridge International Corporation. v. Yoo
fr. 1-8-19
Docket 1
- NONE LISTED -
Where is the joint status report that should have been filed two weeks before the status conference? How long do the parties anticipate that it will take them to complete discovery? Does either party presently contemplate any pretrial motions? Is this an appropriate matter to be sent to an early mediation? Hearing required.
1/7/19 -- Court approved stipulation continuing status conference to February 12, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for February 12, 2019:
Counsel for defendant has not withdrawn from this action. He therefore is under a duty to participate in the early meeting of counsel and the preparation of the joint status report. Impose sanctions of $250 on counsel for plaintiff for failing to participate in the early meeting of counsel and the preparation of a joint status report. Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to the date of the continued status conference.
2:00 PM
Debtor(s):
Mia Seonmee Cho Yoo Represented By Michael H Yi
Defendant(s):
Mia Seonmee Cho Yoo Represented By Michael H Yi
Plaintiff(s):
Royal Bridge International Represented By Jisoo Hwang
Trustee(s):
Edward M Wolkowitz (TR) Represented By Monica Y Kim Carmela Pagay
2:00 PM
Adv#: 2:18-01307 NG DIP LIQUIDATING TRUST v. City of Los Angeles
fr. 11-27-18
Docket 1
- NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediatoin prior to date of continued status conference.
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#: 2:18-01362 NG DIP Liquidating Trust v. Lee + Lani, LLC
fr. 1-8-19
Docket 1
- NONE LISTED -
12/4/18 -- Court signed order approving stipulation continuing response date to January 10, 2019 and continuing status conference to February 12, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for February 12, 2019:
Issue order striking response to complaint, as defendant is not an individual and may not appear except through counsel. (Person who filed response on defendant's behalf is not an attorney.) Continue status conference approximately 90 days.
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):
Lee + Lani, LLC Pro Se
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
Docket 12
- NONE LISTED -
2/1/19 -- Court approved stipulation continuing trustee's deadline to file amended complaint to February 12, 2019 and extending defendant's deadline to respond to complaint to March 5, 2019. MOTION RESOLVED. OFF CALENDAR.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Movant(s):
Timothy Yoo (TR) Represented By Monica Y Kim
Timothy Yoo (TR) Represented By Monica Y Kim
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
fr. 3-1-18, 6-7-18, 10-17-18, 12-12-18
Docket 918
2/11/19 - Michael Simon, (714)445-1000, has been approved for telephonic appearance on 2/12/19 @ 2pm.
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.
2:00 PM
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
2:00 PM
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.
Tentative Ruling for February 12, 2019:
In status report, plan trustee reports that settlement has now been fully documented and agreement has been executed. Plan trustee asks that the hearing be taken off calendar, but the Court does not take unresolved matters off calendar. In light of the settlement, does the plan trustee plan to withdraw the objection? Is there a stipulation that will be filed? Will the court be entering an order? How will this matter be resolved as a procedural matter?
2:00 PM
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
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
Brian Weiss Represented By
Robert S Marticello Philip E Strok
2:00 PM
Adv#: 2:12-01805 Fox et al v. Kamen
Docket 183
- NONE LISTED -
Respondent is correct that Kamen declaration should have been filed with motion, but deny motion to strike, as declaration contains useful information relevant to resolution of motion.
NOTE: Motion was brought pursuant to California Rule of Professional Conduct 3-310, which has been replaced effective November 1, 2018 by Rule
1.9. However, even if motion had been brought under the rule that is actually applicable, the result should be the same.
Deny motion to disqualify. Golubchik and the Levene firm never represented Kamen or Kamen's interests. They represented LLC's in which he asserted an equity interest, but that is very different from representing his interests in the bankruptcy context. The employment applications authorized the firm to represent the entities, not the individuals.
Moreover, and particularly noteworthy here is the the fact that, at and after the time the firm was retained and filed the LLC's bankruptcy cases, they were representing interests that were adverse to those of Kamen. As Kamen's declaration itself points out, the Fox parties had prevented Kamen from controlling the LLC's and were asserting that he had no right to manage the entities. The LLC's were controlled by the Fox parties and he was not being permitted to play any role in management. He was never giving marching instructions to the firm and was cast in the role of an opposing party, not a client giving the firm confidential information. Kamen has always been an opposing party vis-a-vis the firm and the Fox parties. He has never been a
2:00 PM
client of the firm and was never in a position to impart any confidential information to the firm.
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
Movant(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
2:00 PM
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 David B Golubchik
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson David B Golubchik
2:00 PM
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#: 2:12-01805 Fox et al v. Kamen
Docket 171
- NONE LISTED -
Although the Court would be prepared to conclude that the debtor's schedules contained false information (by omitting responsive information) and that at least some of these false statements or omissions were material, the Court is not prepared to adjudicate summarily that these false statements or omissions were knowing and fraudulent. Although it appears more likely than not that this is the case, the Court cannot weigh the evidence in this procedural context. As whether these omissions were knowing and fraudulent are genuine issues of material fact, summary adjudication must be denied.
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
Movant(s):
Gerson Fox Represented By
Andy Kong James KT Hunter
2:00 PM
Benjamin Nachimson David B Golubchik
Gertrude Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson David B Golubchik
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
201 North Brand, LLC Represented By Andy Kong
2:00 PM
James KT Hunter
Elissa D. Miller Represented By Ryan D ODea
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 David B Golubchik
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson David B Golubchik
Center City Tower, LP Represented By Andy Kong James KT Hunter
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
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, 10-23-18
Docket 1
- NONE LISTED -
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. L/D to object to debtor's discharge -- March 31, 2015.
2:00 PM
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: Cont'd status conference -- October 18, 2016 at 2:00
2:00 PM
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 the status conference? Hearing required.
2:00 PM
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.
10/26/18 -- Court signed scheduling order with following dates: Extended discovery cutoff -- December 14, 2018
Cont'd status conference -- February 12, 2019 at 2:00 pm Court waived requirement that joint status report be filed L/D to file pretrial motions -- December 31, 2018
L/D for pretrial motions to be heard -- February 12, 2019
Tentative Ruling for February 12, 2019:
Revisit status of action after conclusion of hearings on related matters on calendar.
2:00 PM
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 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
2:00 PM
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 David B Golubchik
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson David B Golubchik
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
Docket 1
1/22/19 - Debtor's Disclosure Statement has been rescheduled to 2/27/19 @ 2pm.
2/4/19 - Notice of Rescheduled Hearing mailed to parties. Hearing rescheduled to 2/27/19 @ 2pm.
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:
2:00 PM
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.
10/9/18 -- Court signed scheduling order setting deadline of December 31, 2018 for filing plan and disclosure statement.
CONTINUED TO FEBRUARY 27, 2019 AT 2:00 P.M. OFF CALENDAR FOR FEBRUARY 13, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
fr. 6-19-18, 11-20-18, 1-17-19
Docket 0
- NONE LISTED -
Debtor(s):
Dana Hollister Represented By David A Tilem
10:00 AM
MOVANT: SETERUS, INC.
Docket 436
2/25/19 - David Golubchik, (310)229-1234, has been approved for telephonic appearance on 2/26/19 @ 10am
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 opposition states that debtor no longer has an interest in property and, therefore, that relief from stay is improper. Court disagrees. If there is no automatic stay, because the asset is no longer an asset of this bankruptcy estate, court can enter order confirming that no stay applies.)
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Movant(s):
Seterus, Inc. as the authorized Represented By Renee M Parker
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D ODea
10:00 AM
10:00 AM
MOVANT: JPMORGAN CHASE BANK, NA
Docket 115
2/19/19- Joseph Pleasant, (760)201-8919, has been approved for telephonic appearance on 2/26/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Joseph M Pleasant
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 8
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Brayan Javier Rojas Represented By Scott Kosner
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: BMW BANK OF NORTH AMERICA
Docket 11
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Omar Galvez Represented By
Sam Benevento
Movant(s):
BMW Bank of North America Represented By Cheryl A Skigin
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 8
2/19/19 - Vincent V. Frounjian, (818)859-7511, has been approved for telephonic appearance on 2/26/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jakeline Chavez Gastelum Represented By Alisa Admiral
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: 333 BOYLSTON, LLC.
Docket 9
- NONE LISTED -
OFF CALENDAR. HEARING ADVANCED TO FEBRUARY 12, 2019.
Debtor(s):
L.A. Entertainment Center, Inc. Represented By Raymond H. Aver
Movant(s):
333 Boylston, LLC Represented By Stacey A Miller
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 33
- NONE LISTED -
Court rejects the argument that the foreclosure sale was void because the deed was not recorded within 15 days after the sale. Cal. Civ. Code section 2924h(c) (paragraph 2) states that, if the deed is recorded within 15 days after the sale, the date of the sale will be deemed to be 8:00 a.m. on the date the sale was conducted. That's it. The section is about whether the date of the sale is the recordation date or the auction date. There is nothing in the code section that voids a sale if the deed is not recorded within this 15 day period. The implication of the section is that, if the recordation does not occur within this "relation back" period, it will be deemed to have occurred on a different date -- presumably on the date of the actual recordation, as distinguished from on the date the auction occurred.
Movant asks that the lender be held in contempt and that sanctions and punitive damages be imposed, yet there is no evidence in the motion that the lender even knew of the existence of the bankruptcy. Did debtor ever advise lender of the bankruptcy filing? The address used on the schedules had neither a zip code nor a suite number. Was mail ever delivered to this address? In the absence of evidence that the violation was knowing and willful, court will not hold anyone in contempt or impose any damages.
Debtor states that she is (and has always been) current on the first deed of trust, but the deed of trust that was foreclosed upon was the junior deed of trust. Was debtor current on the payments under her second deed of trust prior to the foreclosure sale? Has debtor been making payments on the
10:00 AM
junior deed of trust since the foreclosure sale? If not, why not? Hearing required.
Debtor(s):
Isabel Bonilla Represented By Martha E. Romero
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, 11-6-18, 12-4-18
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.
12/6/18 -- Court signed scheduling order setting following dates: L/D to complete mediation -- February 22, 2019
L/D to lodge order appointing mediator -- December 21, 2018 L/D to file pretrial motions -- March 18, 2019
Cont'd status conference -- February 26, 2019 at 2:00 p.m. L/D to file joint status report -- February 12, 2019
12/27/18 -- Court approved order appointing mediators.
2:00 PM
Tentative Ruling for February 26, 2019:
Parties report that matter settled at mediation. What is the structure of the settlement? What has to happen before this adversary proceeding will be resolved? Hearing required.
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
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, 12-11-18
Docket 1
- NONE LISTED -
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.
1/8/19 -- Court approved order dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
YEN NGUYEN Pro Se
2:00 PM
Defendant(s):
YEN NGUYEN Represented By
Yen Nguyen - DISBARRED -
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#: 2:18-01430 Leslie (TR) v. Alaberdyan
fr. 2-12-19
Docket 1
2/14/19 - Brandon Iskander, (949)340-3400, has been approved for telephonic appearance on 2/26/19 @ 2pm.
1/18/2019 -- Court approved stipulation extending deadline to respond to complaint to January 23, 2019.
1/28/19 -- Court approved stipulation continuing status conference to February 26, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 12,
2019.
Tentative Ruling for February 26, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Nina Alaberdyan Represented By Stella A Havkin
2:00 PM
Plaintiff(s):
Sam S Leslie (TR) Represented By Brandon J Iskander
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
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, 11-27-18
Docket 1
2/22/19 - Sevan Gorginian, (818)928-4445, has been approved for telephonic appearance on 2/26/19 @ 2pm
2/26/19 - Sanaz Bereliani/Chris Ugarteche, (818)920-8352, has been approved for telephonic appearance on 2/26/19 @ 2pm.
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.
2:00 PM
Tentative Ruling for November 27, 2018:
Revisit status of action after conclusion of hearing on matter no. 206.
Tentative Ruling for February 26, 2019:
Rule 68 offer, if it was an offer of money to plaintiff, is inappropriate here. The claim is a claim under section 727 only. Plaintiff cannot accept a monetary settlement from the defendant. Therefore, any Rule 68 offer of money to plaintiff will not have it's intended effect because plaintiff cannot accept it.
However, there is such a thing as a compromise of a 727 action. Plaintiff could agree, for example, to drop his objection to discharge in exchange for the defendant's delivering certain monies or returning certain assets to the estate for the benefit of creditors generally.
Has either party filed any pretrial motions? What motions have been or will be filed? Hearing required.
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#: 2:18-01305 Amos et al v. Rodriguez
fr. 11-27-18
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.
1/8/19 -- Court approved stipulation for entry of judgment. OFF CALENDAR. ACTION RESOLVED.
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
2:00 PM
Trustee(s):
Bryan L Ngo
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01462 Venegas v. Navient Solutions, LLC a Delaware limited liabilit
Docket 1
- NONE LISTED -
2/1/19 -- Court approved stipulation continuing status conference to April 9, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 26, 2019.
Debtor(s):
Dante Lorenzo Venegas Pro Se
Defendant(s):
Navient Solutions, LLC a Delaware Represented By
Robert S Lampl
Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Dante Lorenzo Venegas Represented By
C John M Melissinos
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01446 Law Offices of Grossman & Mahan v. Garcia
Docket 1
- NONE LISTED -
2/13/19 -- Court approved stipulation resolving action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Anthony Robert Garcia Represented By Stephen S Smyth
Defendant(s):
Anthony Robert Garcia Pro Se
Plaintiff(s):
Law Offices of Grossman & Mahan Represented By
Richard Grossman Chris Mahan
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01335 Attessa Properties CA, LLC v. Idleman et al
fr. 12-11-18
Docket 1
2/15/19 - Kathleen McCarthy, (949)766-8787, has been approved for telephonic appearance on 2/26/19 @ 2pm
Discuss with parties factual basis of action and whether this is an appropriate matter to be sent to an early mediation.
12/18/18 -- Court approved stipulation with the following dates:
L/D to lodge order appointing mediators -- December 28, 2018 Cont'd status conference -- February 26, 2019 at 2:00 p.m.
L/D to complete mediation -- February 26, 2019 L/D to file joint status report -- February 12, 2019
Tentative Ruling for February 26, 2019:
Continue status conference for approximately 90 days. Extend deadline for the completion of mediation to date of continued status conference.
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Defendant(s):
Lucie Idleman Pro Se
2:00 PM
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
Adv#: 2:18-01451 Christodoro v. Idleman
Docket 1
1/11/19 - Another summons issued.
1/3/19 -- Court approved order appointing mediators. Tentative Ruling for February 26, 2019:
Plaintiff's unilateral status report (which should have been accompanied by a declaration) states that plaintiff does not consent to entry of a final order by the bankruptcy court. This is a core action under bankruptcy code sections 523 and 727. There is no "Stern v. Marshall" issue here. The bankruptcy court can enter a final order without plaintiff's consent.
Defendant has failed to respond to complaint in a timely manner. 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):
Lucie Idleman Represented By Suzette Douglas
Defendant(s):
Lucie Idleman Pro Se
Plaintiff(s):
Jonathan Christodoro Represented By
2:00 PM
Trustee(s):
Bobby Samini
Jason M Rund (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
Adv#: 2:18-01443 Metcalf v. Gardian
Docket 1
2/5/19 - Request for Clerk to Enter Default Entered against Sam Gardian
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A. Gardian Pro Se
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01444 Potts v. Gardian
Docket 1
2/5/19 - Request for Clerk to Enter Default Entered against Sam Gardian
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A Gardian Pro Se
Plaintiff(s):
Ryan Potts Represented By
Seth M Goldberg
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01445 Redd v. Gardian
Docket 1
2/5/19 - Request for Clerk to Enter Default Entered against Sam Gardian
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A Gardian Pro Se
Plaintiff(s):
Regana Redd Represented By
Seth M Goldberg
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01452 Megrikian v. Gardian
Docket 8
- NONE LISTED -
Grant motion. Enter judgment in favor of plaintiff that amounts due under state court judgment are nondischargeable under Bankruptcy Code sections 523(a)(2)(A) and 523(a)(6).
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam Albert Gardian Pro Se
Movant(s):
Kristine Megrikian Represented By David Brian Lally
Plaintiff(s):
Kristine Megrikian Represented By David Brian Lally
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01452 Megrikian v. Gardian
Docket 1
1/28/19 - Default entered against Defendant, Sam Gardian.
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):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam Albert Gardian Pro Se
Plaintiff(s):
Kristine Megrikian Represented By David Brian Lally
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01354 NG DIP Liquidating Trust v. C & R Insurance Services, Inc.
fr. 1-8-19
Docket 1
- NONE LISTED -
12/11/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
Tentative Ruling for February 26, 2019:
At request of parties (in status report), continue hearing to May 28, 2019 at 2:00 p.m. Parties should file joint status report not later than 14 days before date of continued status conference. APPEARANCES WAIVED ON FEBRUARY 26, 2019.
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):
C & R Insurance Services, Inc. Represented By Michael Jaeger
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01357 NG DIP Liquidating Trust v. Facebook, Inc.
fr. 1-8-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/30/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
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):
Facebook, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner
2:00 PM
Todd M Arnold
2:00 PM
Adv#: 2:18-01358 NG DIP Liquidating Trust v. IMG Models, Inc.
fr. 1-8-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/25/19 -- Court approved stipulation continuing response date to March 8, 2019 and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
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):
IMG Models, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner
2:00 PM
Todd M Arnold
2:00 PM
Adv#: 2:18-01359 NG DIP Liquidating Trust v. I-parcel, LLC
fr. 1-8-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
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):
I-parcel, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner
2:00 PM
Todd M Arnold
2:00 PM
Adv#: 2:18-01367 NG DIP Liquidating Trust v. United Parcel Service, Inc.
fr. 1-8-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
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):
United Parcel Service, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By
2:00 PM
Gary E Klausner Todd M Arnold
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, 12-4-18
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.
12/11/18 -- Court entered order granting motion to dismiss with regard to breach of contract and fraud claims with leave to amend and denying balance of motion. Amended complaint will be due January 8, 2019. Responses will be due January 29, 2019. Continued status conference will be February 26,
2:00 PM
2019 at 2:00 p.m.
Tentative Ruling for February 26, 2019:
Continue status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with motion to dismiss second amended complaint. Parties have both requested that matter be sent to mediation. If parties would like to participate in mediation prior to date of continued status conference, they should lodge an order appointing a mediator and an alternate mediator.
APPEARANCES WAIVED ON FEBRUARY 26, 2019.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
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
2:00 PM
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, 12-4-18
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 effective in the near future.
Final Ruling for December 4, 2018:
Court entered order dated December 11, 2019, continuing case status conference to February 26, 2019 at 2:00 p.m and providing that, if trustee does not receive from reorganized debtor sufficient funds to enable trustee to make all payments then due under confirmed plan by 4:00 p.m. on February 19, 2019, the trustee must declare a default under the plan and invoke the plan provisions that apply in the event of a default. Court directed trustee to file and serve an updated status report not later than February 19, 2019.
Tentative Ruling for February 26, 2019:
Has the trustee declared a default under the plan? If not, why not and when will the trustee declare a default under the plan? When will the trustee employ a broker to market the property? Hearing required.
2:00 PM
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#: 2:18-01322 Commonwealth Land Title Insurance Company v. Babakhanyan
Docket 11
- NONE LISTED -
Grant motion in part. Enter judgment in favor of plaintiff under Bankruptcy Code section 523(a)(2)(A), declaring that amounts due plaintiff under Exhibits 11 and 12 are not dischargeable in bankruptcy. Deny request for judgment under section 523(a)(7). This was not pleaded in complaint and movant has not established that payments due under Exhibit 11 are to or for the benefit of a governmental entity.
Debtor(s):
Artak Babakhanyan Represented By Scott Kosner
Defendant(s):
Artak Babakhanyan Pro Se
Movant(s):
Commonwealth Land Title Insurance Represented By
Karen A Ragland
Plaintiff(s):
Commonwealth Land Title Insurance Represented By
Karen A Ragland
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:18-01322 Commonwealth Land Title Insurance Company v. Babakhanyan
fr. 12-18-18
Docket 1
- NONE LISTED -
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):
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#: 2:18-01318 Ferrari Financial Services, Inc. v. Wiltsey
Docket 15
1/30/19 - Kevin Roger, (949)263-8757, x 116, has been approved for telephonic appearance on 2/26/19 @ 2pm
Grant motion in part. Grant judgment in favor of plaintiff for $242,911.56 and find that this amount is nondischargeable under Bankruptcy Code section 523(a)(2)(B) only, based on debtor's false representations in his financial statements. Motion does not contain sufficient evidence concerning debtor's intent or mental state to permit the court to make the requisite findings under Bankruptcy Code section 523(a)(6).
Debtor(s):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Ferrari Financial Services, Inc. Represented By Timothy J Silverman
Plaintiff(s):
Ferrari Financial Services, Inc. Represented By Timothy J Silverman
Trustee(s):
Sam S Leslie (TR) Represented By
2:00 PM
Lynda T Bui Rika Kido
2:00 PM
Adv#: 2:18-01318 Ferrari Financial Services, Inc. v. Wiltsey
fr. 12-18-18, 2-5-19
Docket 1
1/28/19 - Default entered against Matthew E Wiltsey.
1/30/19 - Kevin Roger, (949)263-8757, x 116, has been approved for telephonic appearance on 2/26/19 @ 2pm
Tentative Ruling for December 18, 2018:
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.
Final Ruling for December 18, 2018:
Continue status conference to February 5, 2019 at 2:00 p.m. Plaintiff should file and serve default judgment motion by January 15 and set it for hearing on February 5, 2019 at 2:00 p.m. Plaintiff should serve and file notice of continuance of status conference.
Tentative Ruling for February 5, 2019:
Continue status conference to February 26, 2019 at 2:00 p.m. to be heard concurrently with motion for default judgment. OFF CALENDAR FOR FEBRUARY 5, 2019.
Tentative Ruling for February 26, 2019:
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
2:00 PM
continued hearing on default judgment motion.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Plaintiff(s):
Ferrari Financial Services, Inc. Represented By Timothy J Silverman
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Adv#: 2:18-01442 Martinez v. Peters et al
12(b)(6)
Docket 5
- NONE LISTED -
Grant motion to dismiss without leave to amend with regard to negligence claim. Deny motion with regadr to the balance of the claims. Other nonbankruptcy claims set forth the wrongful nature of the conduct that forms the basis of the liability and therefore the claim that could be held nondischargeable under section 523(a)(6). Defendants may argue that plaintiff will be unable to prove up her claim, but this is a motion to dismiss. She has adequately pleaded facts which, if proven, will add up to liabiilty under section 523(a)(6).
Debtor(s):
Kevin E. Peters Represented By
M. Jonathan Hayes
Defendant(s):
Kevin Edmond Peters Represented By
M. Jonathan Hayes
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Joint Debtor(s):
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
2:00 PM
Movant(s):
Kevin Edmond Peters Represented By
M. Jonathan Hayes
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Plaintiff(s):
Sharon Martinez Represented By
John-Patrick M Fritz
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:18-01442 Martinez v. Peters et al
Docket 1
- NONE LISTED -
Revisit status of action after conclusion of hearing on matter no. 225.
Debtor(s):
Kevin E. Peters Represented By
M. Jonathan Hayes
Defendant(s):
Kevin Edmond Peters Represented By
M. Jonathan Hayes
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Joint Debtor(s):
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Plaintiff(s):
Sharon Martinez Represented By
John-Patrick M Fritz
2:00 PM
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 113
- NONE LISTED -
Has debtor been served with this motion, or just debtor's counsel? Continue hearing to give trustee an opportunity to serve debtor directly.
(Court copies should not be two-sided.)
Debtor(s):
Roberto Robles Represented By Alan F Broidy
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 32
- NONE LISTED -
Debtor has no disposable income and can only make payments to creditors if family members make regular contributions. Plan that debtor would propose would not be confirmable, as it would not deliver as much value to creditors (namely, 100 percent of their claims), as would a sale of the property in chapter 7. Therefore, conversion would be pointless and represents merely an attempt to enable debtor's family members to keep the property. This is not a good faith effort to reorganize under chapter 13. Therefore, deny motion to convert.
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Movant(s):
Geneva McGrigg Represented By Theresa Hana
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Adv#: 2:18-01255 Avery
Docket 36
- NONE LISTED -
Tentative Ruling for February 5, 2019:
Deny motion. In the moving papers, the movant acknowledges receipt of the trustee's adversary complaint and that they were advised to seek legal counsel. The fact that the defendants did not understand the papers does not constitute excusable neglect. They should have sought assistance or at least shown up in court to ask what was going on and make an effort to defend themselves. Instead, they did nothing. Nothing in the moving papers constitutes excusable neglect. It is not appropriate for them to do nothing and permit a default to be entered and a default judgment to be entered and thereafter to seek to vacate the dismissal now that they realize the significance of the complaint.
Final Ruling for February 5, 2019:
Continue hearing to February 27, 2019 at 10:00 a.m. to be heard concurrently with motion to convert to chapter 13. If court denies conversion, court is likely to deny this motion, but, if court grants motion to convert, it may grant this motion.
Tentative Ruling for February 27, 2019:
Revisit motion after conclusion of hearing on motion to convert.
10:00 AM
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Movant(s):
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
10:00 AM
Docket 33
- NONE LISTED -
Motion to convert is not filed in good faith. Original schedules reflect that Debtor lacks the income to make payments under a chapter 13 plan (she had negative income every month), and debtor has already received her discharge in chapter 7. The Court cannot vacate the debtor's discharge on equitable grounds in response to a motion by the debtor for such relief.
Further, the motion was procedurally defective, as there was no notice of motion filed and no evidence filed in support of the motion. Deny motion to convert. Debtor cannot decide now to be more frugal and forthcoming only after the trustee expresses an intention to sell her property.
Debtor(s):
Norma Lee Letendre Represented By Renee E Sanders
Trustee(s):
John J Menchaca (TR) Represented By Zi Chao Lin
10:00 AM
Docket 50
- NONE LISTED -
See tentative ruling for matter no. 4.
Debtor(s):
Norma Lee Letendre Represented By Renee E Sanders
Trustee(s):
John J Menchaca (TR) Represented By Zi Chao Lin
10:00 AM
fr. 2-7-19
Docket 20
- NONE LISTED -
At request of UST, continue hearing to February 27, 2019 at 10:00 a.m. OFF CALENDAR FOR FEBRUARY 7, 2019.
Tentative Ruling for February 27, 2019:
Grant motion in part. Fine respondent $500 under section 110(f) for using word, "legal" or similar terms in promoting his business (here, calling business "lawtrader.com.")
Debtor(s):
Tralyia Dillon Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 179
2/12/19 - Debtor to file an Amended Notice of Hearing rescheduling this matter to 2pm to be heard concurrently with the Disclosure Statement and Scheduling and Case Management Conference.
Moved to 2 pm calendar.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 181
2/12/19 - Debtor to file an Amended Notice of Hearing rescheduling this matter to 2pm to be heard concurrently with the Disclosure Statement and Scheduling and Case Management Conference.
Moved to 2 pm calendar.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 1
- NONE LISTED -
Tentative Ruling for November 28, 2018:
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?
Final Ruling for November 28, 2018:
10:00 AM
Debtor must serve and file notice of bar date not later than December 14, 2018. Bar date will be February 4, 2019. Court will continue status conference to January 10, 2019 at 10:00 a.m. Debtor should file updated status report by December 31, 2018.
12/3/18 -- Court signed scheduling order setting following dates:
L/D to serve notice of bar date -- December 14, 2018 Bar date -- February 4, 2019
Cont'd status conference -- January 10, 2019 at 10:00 a.m. L/D to file updated status report -- December 31, 2018
Tentative Ruling for January 10, 2019:
Debtor was supposed to have served notice of bar date by December 14, 2018. He served notice on December 21, 2018 (according to the proof of service attached to the notice filed with the court). The issue is when the notice was served on creditors, not when it was filed with the Court. Does the debtor have, or can the debtor truthfully execute, a declaration under penalty of perjury attesting to service on creditors of the notice of bar date on or before December 14, 2018? If not, set new bar date and require debtor to serve a new notice that explains that, because he failed to serve the prior notice in a timely manner, the Court has set a new deadline for the filing of claims.
The debtor's updated status report was filed on December 31, 2018, but does not contain a proof of service and no service copy was provided to the Court. Require debtor to file a declaration in which he states under penalty of perjury that he has read and is familiar with the local rules of the court and the court manual. Otherwise, court will insist that debtor retain counsel if he wants to remain in chapter 11.
Debtor is not licensed to practice in the State of California and should not use the abbreviation "Esq." after his name on pleadings, as that implies that one is an attorney.
Has the debtor filed the Otober 2018 operating report? How about the
10:00 AM
November 2018 operating report? Has the debtor now signed up for the California bar exam?
Court granted the US Trustee's ex parte application for an extension of time to respond to the debtor's application to employ VWM Analytics. The debtor proposes to employ this firm to prepare an expert report concerning the damages that he intends to assert against Paul Hastings, which is arguably premature. Debtor will have more than ample time to employ a damages expert in light of the fact that he has not even filed a lawsuit against the firm (is this still the case?) and the court assumes that liability will be contested. (Debtor reports that he cannot obtain a right to sue letter from the EEOC in light of the government shutdown.)
Final Ruling for January 10, 2019:
Continue hearing to February 27, 2019 at 10:00 am. Debtor should serve and file updated status report not later than February 15, 2019.
Tentative Ruling for February 27, 2019:
Debtor filed 2 monthly operating reports on February 15, but not the updated status report. What, if anything, has happened in this case since the January 10 status conference?
NOTE: February Bar Examination is scheduled for Tuesday and Wednesday, February 26-27,2019. Debtor had said that he planned to sign up for this examination.
Debtor(s):
Andrew Stephen Hennigan Pro Se
10:00 AM
Docket 1
2/20/19 - Gerrick Warrington, (323)852-1000, has been approved for telephonic appearance on 2/27/19 @ 10am
Set bar date and deadline for serving notice of bar date. Continue status conference approximately 3 months.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D. Resnik
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D. Resnik
10:00 AM
Docket 26
- NONE LISTED -
2/14/19 -- Court approved stipulation dismissing case. OFF CALENDAR. MOTION RESOLVED.
Debtor(s):
Commercial Grinding Company, Inc. Represented By
Vanessa M Haberbush David R Haberbush
10:00 AM
Docket 1
- NONE LISTED -
OFF CALENDAR DUE TO DISMISSAL OF CASE. NO APPEARANCE REQUIRED.
Debtor(s):
Commercial Grinding Company, Inc. Represented By
Vanessa M Haberbush
11:00 AM
fr. 8-2-17, 11-15-17, 4-10-18, 7-18-18, 10-24-18
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.
Tentative Ruling for February 26, 2019:
11:00 AM
In light of tentative ruling for matter no. 101, continue hearing on claim objection to give new chapter 7 trustee an opportunity to decide how he or she would like to proceed with regard to this objection to claim.
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, 7-18-18, 10-24-18
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
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.
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.
Tentative Ruling for February 25, 2019:
According to notice from UST, debtor has failed to file MORs for September, October, November and December and has failed to pay quarterly fees for the fourth quarter of 2018. Response from Mr. Goodman reflects that he will be filing a notice of withdrawal due to an unwaivable conflict. The directors of the company have submitted their resignations and the company cannot appear without representation.
Convert case to chapter 7 sua sponte.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
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.
Tentative Ruling for February 26, 2019:
Trustee has just filed a motion to convert case to chapter 7 on negative
11:00 AM
notice. Continue case status conference to May 14, 2019 at 2:00 p.m to be heard concurrently with status conference in adversary proceeding filed by trustee. APPEARANCES WAIVED ON FEBRUARY 27, 2019.
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
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.
Tentative Ruling for February 27, 2019:
11:00 AM
Court does not generally conduct periodic status conferences in chapter 7 cases. Now that case has been converted, take status conference off calendar. APPEARANCES WAIVED ON FEBRUARY 27, 2019.
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
11:00 AM
NOVEMBER 28, 2018.
Tentative Ruling for February 27, 2019:
Court does not generally conduct periodic status conferences in chapter 7 cases. Now that case has been converted, take status conference off calendar. APPEARANCES WAIVED ON FEBRUARY 27, 2019.
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
11:00 AM
NOVEMBER 28, 2018.
Tentative Ruling for February 27, 2019:
Court does not generally conduct periodic status conferences in chapter 7 cases. Now that case has been converted, take status conference off calendar. APPEARANCES WAIVED ON FEBRUARY 27, 2019.
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
Docket 1
2/22/19 - Marvin Ramos, (818)382-6200, has been approved for telephonic appearance on 2/27/19 @ 11am
Set bar date and deadline for debtor to serve notice of bar date. Continue status conference for approximately 90 days.
12/10/18 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- December 7, 2018
Bar date -- January 31, 2019
Cont'd status conference -- February 27, 2019 at 11 L/D to file updated status report -- February 8, 2019
Hearing on motion to employ real estate broker -- December 19, 2018 at 10
Tentative Ruling for February 27, 2019:
According to the debtor's status report, after entry of an order granting relief from stay to Beverly Loan Company, "the more valuable pieces [of jewelry] have been redeemed." How was this accomplished? What was the source of the funds used to redeem the jewelry and how much did this cost? How was this transaction structured?
Has debtor signed declaration in support of case status report? Now that court has signed order employing real estate broker, when does the debtor believe that she will be in a position to file a motion for approval of the sale?
Hearing required.
11:00 AM
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
11:00 AM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 275
- NONE LISTED -
Rulings on Evidentiary Objections:
The fact that a proposed item of testimony may be false does not make it inadmissible.
Overrule.
Overrule.
Sustain for lack of foundation/hearsay. Data is being offered for the truth of the matter asserted.
Tentative Ruling on the Merits:
Court agrees that someone attempting to collect a set of accounts consisting of student loans would employ a collection agency, not an attorney or law firm. Trustee's evidence is the more reliable. Based on the information provided and, in an effort to make the calculations straightforward, allow compensation/reimbursement in accordance with the following formula: Flanagan make receive reimbursement for actual out-of-pocket court costs, such as filing fees, process server fees and court reporter fees and should receive 1/3 of the remaining net proceeds as compensation for services rendered in collecting the fees. This is on the high end of what the trustee has recommended as these are aged accounts that may be difficult to collect under the circumstances.
11:00 AM
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
11:00 AM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 244
- NONE LISTED -
Tentative Ruling for November 27, 2019:
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?
Final Ruling for November 27, 2018:
Continue hearing to February 27, 2019 at 11:00 a.m. Flannagan should file and serve supplemental brief and declaration re market compensation arrangements not later than January 20, 2019. Trustee should file and serve response by February 13, 2019. Replies will be due by February 20, 2019.
Tentative Ruling for February 27, 2019:
11:00 AM
See tentative ruling for matter no. 107. Is there anything left of this motion that is different from 107? 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
11:00 AM
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
11:00 AM
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, 11-27-18
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:
11:00 AM
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:
11:00 AM
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.
Tentative Ruling for February 27, 2019:
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
11:00 AM
Howard Kollitz Sonia Singh
11:00 AM
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, 11-27-18
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.
11:00 AM
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.
Tentative Ruling for February 27, 2019:
11:00 AM
Continue to trail this action along with matter on calendar as number 109.
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. 3-14-18, 5-16-18, 5-30-18, 8-1-18, 10-24-18, 12-12-18, 1-16-19
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.
Tentative Ruling for January 16, 2019:
2:00 PM
Revisit status of motion after conclusion of related matters on calendar.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
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
Approving 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, 12-12-18, 1-16-19
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
2:00 PM
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, 10-24-18, 12-12-18, 1-16-19
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.
Final Ruling for December 12, 2018:
Continue all hearings to January 16, 2019 at 2:00 p.m. Debtor will pay
2:00 PM
$3,500 to lender, delivered to counsel, by 3:00 p.m. on Friday, December 14, 2019. If debtor does not pay this amount, counsel for lender may file a declaration and court will grant motion to convert. Debtor should file updated status report by January 14, 2019 containing evidence and argument as to appropriate amount of adequate protection payment to pay each month. (Regular payment under loan is approximately $6,900; plan contemplates monthly payment of $8,000.)
Tentative Ruling for January 16, 2019:
Debtor reports that, in family law mediation on November 9, 2019, debtor and husband agreed to temporary support at the rate of $8,000. Debtor anticipates generating an additional $2,500 per month by renting out the property located at 530 South Bentley, commencing in July. Debtor also receives approximately $4,133 per month (paid quarterly) from a partial real estate interest that she inherited post-petition from her father. Debtor reports having made the first $3,500 and has a bankruptcy mediation scheduled for January 18, 2019.
Require debtor to make a second adequate protection payment, this one for
$4,500 and continue hearings another 30 days to give the parties an opportunity to participate in bankruptcy mediation.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By 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,
12-12-18, 1-16-19
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?
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.
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.
2:00 PM
Tentative Ruling for August 1, 2018:
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
MOVANT: CENTER STREET LENDING FUND IV SPE, LLC. fr. 11-27-18, 12-12-18, 2-6-19
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.
Tentative Ruling for February 26, 2019:
Revisit motion after conclusion of hearings on related matters on calendar.
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
fr. 12-12-18, 2-6-19
Docket 97
- NONE LISTED -
OFF CALENDAR. DEBTOR HAS FILED AMENDED DISCLOSURE STATEMENT.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
2:00 PM
Docket 141
- NONE LISTED -
Court agrees with debtor that the mere fact that Center Street objects to confirmation of the debtor's plan does not make it unconfirmable. Whether or not the plan can be confirmed over Center Street's objections under section 1129(b) entails factual issues (such as the appropriate interest rate and loan term) and is a confirmation issue. The fact that the lender is a hard money lender who does not make 30 year loans and charges high interest rates is not relevant to this analysis.
Court agrees that nothing contained in Center Street's objections demonstrates that the plan violates the best interest of creditors rule. By definition, the court must find that the plan pays a fully secured creditor the present value of its claim, so the plan will not be confirmed over Center Street's objection unless the Court finds that it will receive payment in full at an appropriate interest rate, so the plan will satisfy the best interest of creditors test vis-a-vis Center Street or it won't be confirmed. Center Street is hardly in a position to raise the best interests of creditors test on behalf of unsecured creditors, but, even if it had standing to make this argument, its objection does not demonstrate this.
However, this all assumes that the debtor will prevail in her objection to claim and succeed in having the interest rate reduced below the 30 percent default interest rate that Center Street is claiming. The plan needs to be modified to reflect that the debtor's prevailing on this claim objection (which the Court notes still has not been filed) is a condition precedent to confirmation of the plan. (And the disclosure statement should describe what the debtor believes will happen if the debtor does not prevail on her objection to claim.)
2:00 PM
Court agrees with Center Street that the ability of debtor's partner to actually perform under his contribution declaration is speculative at this point; however, this is a confirmation issue. Center Street can and should conduct discovery concerning Mr. Lenoir's financial condition and the debtor should be prepared to offer additional testimony from him in connection with her confirmation memorandum. If the debtor's projections assume that she will not have to pay any rent, debtor will also need to provide a declaration from her brother to the effect that he will let her live in his property rent-free for a period of 5 years.
In addition, the debtor should correct the typographical errors identified by the US Trustee and add the missing information requested in the US Trustee's objection to the disclosure statement.
Moreover, disclosure statement should be modified to reflect that, because the debtor retains her property under the plan, it cannot be confirmed over the objection of unsecured creditors. Debtor cannot have it both ways by saying she will insert a new value contribution if she needs to. Either one should be provided for now, or the plan should explain that it cannot be confirmed over the unsecured creditor's objections.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
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.
Tentative Ruling for December 12, 2018:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for February 6, 2019:
Discuss with parties whether it would be better for the court to appoint a chapter 11 trustee or to convert the case to chapter 7. Hearing required.
Tentative Ruling for February 27, 2019:
If court approves disclosure statement, set plan confirmation schedule.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
2:00 PM
Docket 181
2/12/19 - Debtor to file an Amended Notice of Hearing rescheduling this matter to 2pm to be heard concurrently with the Disclosure Statement and Scheduling and Case Management Conference.
The proof of service on the notice of bar date reflects that the notice of bar date was properly addressed, in that the address shown on the proof of service is
Pizza 90, Inc. Ignacio J. Lazo Gabriel K. Coy
8871 Research Drive
Irvine, CA 92618.
Claimant concedes that this is the correct address, in that it lists the identical address as correct on p. 4 of the opposition in describing the amended schedules.
Deny claimant's motion to strike Hayes declaration. However, debtor is mistaken when it argues that the claim was scheduled or that it was scheduled as disputed. The claim referenced by the debtor is a different claim -- that of the plaintiff in the litigation -- JMS, c/o Stanley Kimmel in Granada Hills. The reference refers to the lawsuit in which Pizza 90 is a cross-claimant, but the claim amount and the holder of the claim are not that of Pizza 90.
Court has no reason to conclude that staff working for counsel for debtor addressed the envelopes in which the bar date notices were sent in a manner
2:00 PM
that differed from the service addresses reflected on the proof of service; however, claimants dispute having received the notice of bar date and debtor has demonstrated that it has in the past been confused and believed that it had served Pizza 90 when in fact it had only served JMS. Moreover, proof of claim was only filed 12 days after the bar date.
Nevertheless, if the Court is going to allow a late-filed proof of claim, the burden of proof is on the claimant to establish that its failure to file the proof of claim in a timely manner constitutes excusable neglect. What is missing from the declarations is any discussion of when the creditor first learned about the bankruptcy case and any steps that the creditor took to keep itself apprised of the status of the case or to make sure that it received notices in the bankruptcy case and whether or not, under the applicable caselaw, movant's failure to file the proof of claim in a timely manner constitutes excusable neglect. Continue hearing to give creditor an opportunity to file one or more supplemental declarations and a supplemental memorandum on this issue.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
Docket 179
2/12/19 - Debtor to file an Amended Notice of Hearing rescheduling this matter to 2pm to be heard concurrently with the Disclosure Statement and Scheduling and Case Management Conference.
2/26/19 -- Court entered order resolving objection. Objection deemed withdrawn. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
Docket 164
1/18/19 - James Hinds, Jr. (310)316-0500, has been approved for telephonic appearance on 2/27/19 @ 2pm
Deny approval of disclosure statement. Plan doesn't set forth classification of secured claims and debtor's approach to setting forth classes and priorities later once it has been determined through litigation doesn't work. Court cannot assess whether treatment of creditors under plan is appropriate until this has been figured out.
Disclosure statement cannot say that, if the unsecured creditors do not vote in favor of confirmation, principal will make a new value contribution. It needs to say that the plan in its present form violates the absolute priority rule.
Therefore, if unsecured creditors do not vote in favor of confirmation the plan cannot be confirmed. Either that, of the principal should commit to a new value contribution now and revise the plan accordingly.
The disclosure statement does not contain adequate information about the manner in which the debtor intends to operate its business in the future.
According to the disclosure statement, the debtor intends to open an office in Northern California and partner with various subcontractors by investing in their business. How much will this cost? Is this in the projections? Where will the debtor obtain the money to make these investments? Will this actually be a net benefit to the unsecured creditors or will the debtors be diverting money away that could be paid to unsecured creditors to make the value of the business that they are retaining for themselves even more valuable?
2:00 PM
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
Docket 1
1/22/19 - Debtor's Disclosure Statement has been rescheduled to 2/27/19 @ 2pm.
2/4/19 - Notice of Rescheduled Hearing mailed to parties. Hearing rescheduled to 2/27/19 @ 2pm.
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
2:00 PM
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.
10/9/18 -- Court signed scheduling order setting deadline of December 31, 2018 for filing plan and disclosure statement.
Tentative Ruling for February 27, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
MOVANT: BEACHSIDE LAND & DEVELOPMENT, LLC.
Docket 33
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Benjamin Construction and Represented By Kevin Hahn
Movant(s):
Beachside Land & Development, Represented By
Edmond Richard McGuire
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: FINANCIAL SERVICES VEHICLE TRUST
Docket 17
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Alfredo Castillo Represented By
David Samuel Shevitz
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
VIN #: 1HGC R2F1 0HA2 90407 MOVANT: HONDA LEASE TRUST
Docket 9
3/1/19 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 3/5/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Ingrid Yamileth Rovira Ayala Represented By Raymond Perez
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: ELITE CAJUN FOODS II, LLC
Docket 183
2/22/19 - Jagdeep Hansra, (408)475-7454, has been approved for telephonic appearance on 3/5/19 @ 10am
The state court action that movant seeks to pursue is not against the debtor. Automatic stay does not bar continued prosecution of this action, whether or not there are indemnification obligations. (If principal wants automatic stay extended to protect, principal will need to commence adversary proceeding and seek injunctive relief under section 105.) Either principal has liability in his personal capacity or he doesn't. If he does, it is appropriate for him to be subject to suit (absent injunctive relief that has not been granted) even if movant is barred from proceeding against the debtor due to its failure to file a proof of claim. If the principal does not have personal liability for the obligations in question, movant will not be able to obtain judgment against him and there won't be any endrun around movant's failure to file a proof of claim against the debtor.
Grant motion (as comfort order only) with waiver of Rule 4001(a)(3) (as stay never applied in the first place).
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Movant(s):
Elite Cajun Foods II, LLC f/k/a Represented By Jagdeep Hansra
11:00 AM
Approving Debtors' Disclosure Statement Describing Debtors' Plan Dated December 31, 2018
Setting Plan Solicitation And Confirmation Procedures fr. 2-12-19
Docket 224
NONE LISTED -
See tentative ruling for matter no. 101.
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
Movant(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
11:00 AM
Beth Ann R Young
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
11:00 AM
fr. 2-12-19
Docket 223
NONE LISTED -
Tentative Ruling for February 12, 2019:
In light of the issues that the debtors have had with consummating a sale of the property, the Court agrees that the plan and confirmation order should contain provisions that explain what will happen if a sale isn't consummated by a date certain. (There can be a procedure for applying for an extension of that date.) The court does not want to be in the situation of having a plan confirmed that never goes effective.
Additional Comments on Plan:
As the debtors have reserved the right to object to claims, the plan should include provisions concerning a disputed claim reserve.
The section on modification should be updated to include 1127(e).
The discharge section should be changed to provide that debtors will only receive a discharge once they have made all the payments due under the plan.
Disclosure Statement:
Debtors should add a discussion of the current status of the Keros settlement and more information concerning recent efforts to consummate a sale of the properties.
11:00 AM
Tentative Ruling for March 5, 2019:
Court still has a few questions and concerns about the plan structure. 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
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, 11-28-18, 2-12-19
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.
Tentative Ruling for February 12, 2019:
Revisit status of case after conclusion of hearing on disclosure statement. (Debtors do not need to keep answering all questions in the original order setting the status conference in subsequent status reports. They only need to apprise the court of the current status of the case and significant developments since the last status conference.)
Tentative Ruling for March 5, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
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
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, 11-13-18, 1-8-19
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 January 8, 2019:
Where is the joint status report that should have been filed two weeks before the status conference? Have all settlement payments been made? Is the trustee now in a position to dismiss this action? Hearing required.
1/7/19 -- Court approved stipulation continuing hearing to March 5, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
2/7/19 -- Court approved stipulation dismissing all remaining claims. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
WELCOME MANAGEMENT Represented By Phillip H Kwon
Defendant(s):
Sang Hyun Kim Represented By Peter A Kim
Helen Pak Represented By
2:00 PM
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#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Danielle Rountree
fr. 5-8-18, 6-5-18, 9-11-18, 12-4-18
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
2:00 PM
approximately same time frame.
12/11/18 -- Court issued order imposing sanctions of $150 on defendant's counsel for failing to review local rules and therefore being unaware that obligation to cause a joint status report to be filed is a joint obligatoin and making no effort to contact plaintiff's counsel in a timely manner to prepare or discuss preparation of joint status report. Court extended discovery cutoff to February 28, 2019 and set deadline for filing pretrial motions of January 15, 2019. (Any such motions should be set for hearing not later than March 5, 2019.) Court waived requirement of joint status report for March 5 status conference only.
Tentative Ruling for March 5, 2019:
No pretrial motions have been filed and scheduled for March 5. Have parties now completed discovery? If so, set date for pretrial conference and deadline for lodging joint pretrial order. Is this an appropriate matter to be sent to mediaton? If not, why not? 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
2:00 PM
Trustee(s):
Bruce N Graham
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01469 Garibay v. Garcia et al
Docket 1
NONE LISTED -
Two status reports were filed. Court did not receive either. The first, filed February 25, 2019, which bears a signature date of February 25, 2019 is a unilateral report from the debtor. The proof of service attached to that report, signed under penalty of perjury by Marvin Jarrett Mann says that it was served by personal delivery, overnight mail, facsimile transmission or email (but doesn't specify which) on January 22, 2019. This must be a false statement as the document did not even exist as of that date. (It also says that it was served through the court's NEF system on other parties in interest on January 21, 2019.) This is false as well. The document was not filed until February 25 and therefore could not have been served on that date by NEF.
Sanction counsel for defendant $150 for filing false proofs of service. Court needs to be able to rely on the accuracy of these documents. Counsel should ensure that his staff uses more care in preparing these documents.
Second status report, filed February 27, 2019, appears to be a joint status report, in that it has information completed on both sides of the form, but has only an electronic signature from counsel for plaintiff. The proof of service attached to that document does not show the date on which a copy was provided to the court. Court ended up printing BOTH status reports. This is not acceptable. Parties need to file a JOINT status report two weeks before the status conference and serve a copy to the court not less than 14 days before the status conference.
2:00 PM
Why does defendant's status report say, "Summons issued 12/18, thereby requiring trial in two months"? Plaintiff's status report says approximately the same thing. Under what theory do the parties believe that trial is required within two months after the issuance of a summons?
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Defendant(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Does 1 through 20, inclusive Pro Se
Plaintiff(s):
Olivia Garibay Represented By Kaveh Elihu Daniel Friedman
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01003 Bochner et al v. Jackson
Docket 1
2/14/19 - Default entered against Santiago R. Jackson
(There is no need to submit a status report when all defendants have defaulted.)
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Santiago R Jackson Represented By Daniel King
Defendant(s):
Santiago R. Jackson Pro Se
Plaintiff(s):
Dan Z. Bochner Represented By Jacky P. Wang Jacky Wang
Dean A. Bochner Represented By Jacky P. Wang Jacky Wang
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01001 Travelers Express Company Inc. v. Barahona et al
Docket 1
3/4/19 - David Rentto, 619(238-1002, has been approved for telephonic appearance on 3/5/19 @ 2pm
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Julio Alberto Barahona Represented By Francis Guilardi
Defendant(s):
Julio Alberto Barahona Pro Se
Jessica Rios Pro Se
Joint Debtor(s):
Jessica Rios Represented By
Francis Guilardi
Plaintiff(s):
Travelers Express Company Inc. Represented By
Robert L Rentto
2:00 PM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:18-01291 Avery v. Jimenez et al
fr. 1-8-19
Docket 11
NONE LISTED -
Tentative Ruling for January 8, 2019:
Court is satisfied that it has jurisdiction. Court is also satisfied that it is appropriate for it to consider matters of which it can take judicial notice in a motion to dismiss. The date on which a recorded transfer was made is a matter of which the Court is comfortable taking judicial notice. Moreover, the date of the transfer should have been included in the complaint. Plaintiff cannot defeat a motion toi dismiss simply by omitting an undisputed fact of which the court can take judicial notice.
Court agrees with defendant that there is no independent cause of action for a constructive trust. There needs to be a viable, nonbarred theory under which a constructive trust should be imposed, and it cannot be used to circumvent the state law statute of repose that prohibits an action with respect to a fraudulent transfer after 7 years.
However, can the trustee assert any right to recovery under the "continuing tort doctrine?" See, e.g., Myers v. Malone (In re Malone), 2013 Bankr. LEXIS 5010 (Bankr. D. Neb. 2013) (relying on Roemmich v. Eagle Eye Dev., LLC, 526 F.3d 343 (9thCir. 2008) and Limestone Dev. Corp. v. Village of Lemont, 520 F.3d 797 (7th Cir. 2008)).
Continue hearing to give trustee an opportunity to analyze and brief whether
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he can assert any claim not barred by the statute of limitations under the continuing tort doctrine (or, stated differently, if there are any transfers to or for the benefit of the defendants that occurred within the statutory reachback period).
Tentative Ruling for March 5, 2019:
Grant motion to dismiss. The continuing fraud that the trustee describes -- continuing to represent that the she owns the property to secure more favorable credit at. more favorable terms is a different fraud -- one that the trustee lacks standing to prosecute. The trustee's action is barred by the applicable statute of limitations.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
Joint Debtor(s):
Sully Mariela Jimenez Represented By
Michael H Colmenares
Movant(s):
Armando Jimenez Represented By David Jacob
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#: 2:18-01291 Avery v. Jimenez et al
fr. 11-27-18, 1-8-19
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
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#: 2:18-01312 DDC Group, Inc. v. RDY Holdings LLC et al
Docket 20
NONE LISTED -
This is not a subject matter jurisdiction problem. This is an issue of claim allowance and the bankruptcy court clearly has subject matter jurisdiction over that. Later caselaw under Rooker Feldman makes clear how limited the doctrine really is and that, in most instances, the issue is whether the prior judgment should or should not be given preclusive effect. As the court has observed, the prior judgment did not address things like the validity, extent of the security interest or the respective priorities of the parties claiming interest in the receivables. It did, however, give YesLender a money judgment against the debtor.
Therefore, the first issue that the Court needs to address is whether the bankruptcy court is precluded from revisiting the amount due YesLender. Neither party has briefed this issue under the proper legal framework.
As the court previously explained, Ninth Circuit caselaw establishes a two-step analysis for the preclusion question. The first question being whether or not the state court would give preclusive effect to the judgment in question and the second whether there are equitable factors or other circumstances that would make the application of preclusion doctrines inappropriate. The party asserting issue preclusion has the burden of proving all of the elements necessary to establish its availability. Under California law, issue preclusion is available if (1) the issue sought to be precluded from relitigation is identical to that decided in a former proceeding: (2) the issue was actually litigated in the former proceeding; (3) the issue was necessarily decided in the former proceeding; (4) the decision in the former proceeding is final and on the merits; and (5) the party against whom preclusion is sought was the same as in privity with the party to the former proceeding. In re Plyam, 530 B.R. at
462. (Factors 1, 3 and 5 do not appear to be in dispute here.)
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Even when the party asserting issue preclusion establishes the five threshold factors, application of issue preclusion is discretionary rather than automatic. In re Lopez, 367 BR. at 107-08. In exercising that discretion, the trial court ordinarily needs to consider the circumstances of the particular case and whether application of the doctrine in that case is fair and consistent with the policies underlying the doctrine. Baldwin v. Kilpatrick (In re Baldwin), 249 F.3d 912, 919–20 (9th Cir. 2001).
Although the standard requires that a matter have been "actually litigated" that does not necessarily mean that there needs to have been a trial on the merits. California case law treats default judgments as having been actually litigated for this purpose. The court does not know what California law is on the subject of confessions of judgment and whether those are treated the same as default judgments. Neither party has briefed this issue.
Debtor also claims that it is not too late for it to appeal or move to vacate the sister state judgment. If this is the case, the court can grant relief from the automatic stay to give the debtor an opportunity to do that in state court. This might simplify the issue preclusion analysis by letting the state court address the preclusion issues in the first instance.
However, even if the debtor succeeds in setting aside the California judgment, the court may still be faced with the question of whether or not to give preclusive effect to the Pennsylvania judgment, depending on the basis relied upon by the California court in deciding whether to vacate its sister State judgment. (For example, if the California state court granted the debtor's motion to vacate the sister state judgment on the ground that the PA confession of judgment was obtained by extrinsic fraud because YesLender never mentioned that the sale agreement contains what it describes as an obvious error as to the material terms of the agreement (the dollar amounts), such a finding would provide a sufficient basis for this court to decide that it is not required to give the judgment preclusive effect.)
It would be premature for this Court to opine on whether the debtor or YesLender is correct as to the effect of section 108 on the debtor's deadline to vacate the sister state judgment.
Continue the hearing to give the parties yet another opportunity to address the issues that the court has outlined in this tentative ruling -- whether the sister state judgment is entitled to preclusive effect as to the issue of the amount due YesLender and whether section 108(a) or section 108(b) applies to the debtor's deadline to seek to set aside the sister state judgment.
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
fr. 12-11-18
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
10:00 AM
Docket 13
2/28/19 - Filing fee paid in full
Vacate OSC. Debtor has now paid in full. OFF CALENDAR. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Kevin Brian Washington Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
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.
Debtor(s):
Raymond W. Yu Represented By Amanda G Billyard
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 10
NONE LISTED -
Grant motion. Approve stipulation. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
NES Apparel, Inc Represented By Hyong C Kim
Movant(s):
Allan Camfield Commerce Center Represented By
Allan D Sarver
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Purchase/Sale Agreement Of Estates Interest In Personal Property [Debtors Claims/Causes Of Action Relating To State Court Lawsuit] Pursuant To 11
U.S.C. § 363
Overbidding Process
Docket 15
2/4/19 - Notice of errata filed re: incorrect hearing date - Matter has been rescheduled to MARCH 13, 2019 @ 10AM;
OFF CALENDAR. MOTION RESCHEDULED TO MARCH 13, 2019 AT 10:00 A.M.
Debtor(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Movant(s):
Rosendo Gonzalez (TR) Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Turnover of Documents;
Debtor to Appear to the Section 341(a) Meeting of Creditors fr. 1-9-19, 2-6-19
Docket 58
NONE LISTED -
Tentative Ruling for January 9, 2019:
If debtor wants to be in bankruptcy, he will need to appear for examinations and supply documents requested by the trustee. Grant motion. Court will use contempt powers if necessary to ensure compliance. Continue hearing to date after scheduled appearance/response to ensure that debtor complies with order.
Final Ruling for January 9, 2019:
341(a) meeting is scheduled for February 5, 2019. Court entered order granting motion insofar as it requested debtor to immediately turnover documents/information requested in motion and to appear at the continued 341(a) meeting on February 5, 2019. Court will conduct a continued hearing on February 6, 2019 at 11:00 a.m. to ensure compliance with the order.
Tentative Ruling for February 6, 2019:
Did debtor produce required documents and appear at 341(a) meeting on February 5, 2019? Hearing required.
OFF CALENDAR. MOVED TO 11 AM CALENDAR.
10:00 AM
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
[OST]
Docket 280
3/1/19 - Thomas Draghi, (516)622-9200, has been approved for telephonic appearance on 3/6/19 @ 10am
Court has a number of questions and concerns with regard to the bidding procedures that will be discussed on the record at the time of hearing.
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
10:00 AM
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
11:00 AM
Docket 71
2/22/19 - R. Gibson Pagter, Jr. (714)541-6072 x 221, has been approved for telephonic appearance on 3/6/19 @ 11am
Court has not received a response from the debtor. Did he produce the required documents by February 20? Did he appear at the continued 341(a) meeting on March 5? Hearing required.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
11:00 AM
Turnover of Documents;
Debtor to Appear to the Section 341(a) Meeting of Creditors fr. 1-9-19, 2-6-19
Docket 58
2/22/19 - R. Gibson Pagter, Jr. (714)541-6072 x 221, has been approved for telephonic appearance on 3/6/19 @ 11am
Tentative Ruling for January 9, 2019:
If debtor wants to be in bankruptcy, he will need to appear for examinations and supply documents requested by the trustee. Grant motion. Court will use contempt powers if necessary to ensure compliance. Continue hearing to date after scheduled appearance/response to ensure that debtor complies with order.
Final Ruling for January 9, 2019:
341(a) meeting is scheduled for February 5, 2019. Court entered order granting motion insofar as it requested debtor to immediately turnover documents/information requested in motion and to appear at the continued 341(a) meeting on February 5, 2019. Court will conduct a continued hearing on February 6, 2019 at 11:00 a.m. to ensure compliance with the order.
Tentative Ruling for February 6, 2019:
Did debtor produce required documents and appear at 341(a) meeting on February 5, 2019? Hearing required.
11:00 AM
Tentative Ruling for March 6, 2019:
Revisit status of this motion after conclusion of hearing on matter no. 100.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
[Fees requested: $6000, Expenses: $500.00]
Docket 61
NONE LISTED -
Grant application. Allow on a final basis fees of $24,000 ($18,000 + $6,000) and costs of $710. Authorize payment of unpaid portion of these fees and costs ($6,000 in fees and $500 in costs). APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Movant(s):
Michael F Frank Represented By Michael F Frank
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Period: 10/9/2017 to 9/13/2018
[Fees requested: $69,197.66, Expenses: $1,113.40]
Docket 88
NONE LISTED -
Deny application without prejudice. The notice of hearing had the incorrect time (2 am). Court instructed applicant to refile the notice with the correct information, but that was never done. The application has the incorrect street address for the Court.
Note to debtor: Court will not allow fees without prejudice to the bringing of an action for affirmative relief. If debtor would like to seek affirmative relief against counsel, it should bring the action now in bankruptcy court so that the bankruptcy court can ascertain whether and to what extent fees should be allowed to counsel or whether the debtor has affirmative claims against counsel.
Debtor(s):
Golden Vista Construction Inc Represented By Jason Wallach
Movant(s):
Stephen L. Burton Represented By Stephen L Burton
Randolph L Neel Represented By Stephen L Burton
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
2:00 PM
[Fees requested: $39,273.50, Expenses: $977.69]
Docket 210
NONE LISTED -
Grant application. Allow on interim basis fees of $39,273.50 and costs of $977.69. 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
10:00 AM
Docket 12
NONE LISTED -
Is the US Trustee satisfied with the declaration received from debtor's counsel? Hearing required.
Debtor(s):
Heriberto Cayetano Represented By Jesus L Zuniga
Joint Debtor(s):
Martha L. Cayetano Represented By Jesus L Zuniga
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
fr. 1-23-19, 1-24-19
Docket 724
NONE LISTED -
Tentative Rulings on Substantive Issues:
Grant EWB's request for judicial notice. Overrule objections thereto.
Deny request/overrule argument that feasibility cannot be assessed until EWB's appeal has been resolved. EWB did not obtain a stay pending appeal, so court will proceed with confirmation.
Allowance of $600,000 exit fee was not intended to transform the fee from something other than an exit fee into a fee that is currently due and payable. Reject argument that it should be included in principal amount on which EWB is entitled to receive interest. Loan documents never contemplated that this fee would earn interest. This is a fee that, by definition, was to be paid at the time the obligation was paid off. The plan may retain the "exit fee" nature of this charge. Therefore, the debt service coverage ratio calculations in Ms. Nelson's expert report that use a higher figure for EWB's claim are inaccurate and the size of the necessary risk adjustment discussed below can be reduced in light of the additional interest that this fee represents.
Court will never be able to confirm a plan if it continues the hearing repeatedly to permit EWB to add attorneys' fees accrued through the present date. And an objection to plan confirmation is not the appropriate procedural vehicle for allowing EWB additional attorneys' fees. Plan or confirmation
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order should contain provisions to permit the court to retain jurisdiction to resolve disputes concerning additional attorneys' fees due EWB. Once additional attorneys' fees have been allowed, they can be added to amount to be paid over plan term. Additional fees added to the principal amount of the claim will not have a material impact on the feasibility of plan and can therefore be resolved later.
Court rejects argument that there is an efficient market for a loan of this type. (This is not merely a factual issue. It is a mixed issue of fact and law, the legal issue being what this phrase means in the context of a chapter 11 case. And Nelson declaration provides sufficient factual support for this finding as well.) Court will use a Till/formula analysis -- starting with the prime rate and adjusting for risk. The base rate (the starting point) is the prime rate, not the 5, 7 or 10 year treasury rate. Moreover, as Tarter notes in a footnote, the lenders making loans in this allegedly efficient market would have required written confirmation that 24-hour fitness would renew its lease. We don't have that here. We also have an amortization over 30, rather than 25 years, interest only for the first year, initially a debt coverage ratio on the low end and a debtor with whom there is a significant history of resorting to bankruptcy filings in a number of which filings trustees were appointed based on the court's determination that there had been misconduct by the debtor's principals. There needs to be a risk adjustment above the prime rate. Note: It is significantly easier for the court to assess feasibility with a fixed rate. Court will calculate a fixed rate of interest.
If debtor is confident that this plan is feasible, plan should include provisions that prohibit subsequent filing or permit EWB to have relief from stay in subsequent bankruptcy case. Court does not want to see this case back in bankruptcy at a future date. (If the Court increases the interest rate, the debt coverage ratios will be even worse and feasibility even more questionable absent such provisions.) Recall that feasibility means that confirmation is not likely to be followed by a need for liquidation or reorganization not contemplated by the plan. Provisions contained in the plan (or the confirmation order) that contemplate a liquidation/foreclosure by EWB in the event of default and prevent a further restructuring of the obligation in a future bankruptcy case satisfy the feasibility requirement.
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Require debtor to submit an additional declaration disclosing compensation arrangements for Greg Galletly.
With regard to the $57,000 credit that the debtor claims against amounts due EWB, the debtor is the primary obligor with regard to this obligation. The debtor owed EWB significantly more than this amount. The fact that EWB may have applied certain payments against default interest does not change the fact that the debtor owed amounts that were not default interest to EWB. This amount should be treated as a credit against payments to be made to the BGM affiliate to whom reimbursement is now due.
Rulings on Evidentiary Objections:
Schultz Declaration
Overrule evidentiary objections. Deny motion to strike as moot. Witness has adequately established his expertise in the required areas and has laid an adequate foundation for his testimony. EWB is free to cross-examine witness or dispute his testimony with expert or other testimony of its own, but his testimony is admissible.
Barclay Declaration
Overrule objections and deny motion to strike. Ms. Barclay prepared certain projections and explains in her declaration how she prepared them and the assumptions that she made in preparing them. If EWB believes the assumptions are unreliable, it can attempt to prove that with its own evidence or through cross-examination, but her projections and caculations are admissible.
Galletly Declaration:
Sustain (relevance).
Sustain (best evidence)
Sustain (relevance)
Sustain (relevance)
Sustain (relevance)
Overrule
Overrule
Overrule
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Sustain (relevance)
Overrule
Overrule
Overrule (there are two objection #11s)
Overrule
Overrule
Overrule
Overrule Tarter Declaration:
Overrule (witness is merely listing the documents he reviewed/considered)
Overrule
3-9. Sustain (Court does not believe that the lender's typical yield or cost of funds are relevant considerations in a cram down interest rate analysis.
Moreover, the loan yields reflected are the lenders actual loan yields, not the loan yields for which it contracted. Unless 100 percent of its borrowers pay on time in accordance with loan terms, the contractual rate for which the lender bargained is likely to be higher than the actual loan yield.)
SEE TENTATIVE RULING FOR MATTER NO. 3.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 812
NONE LISTED -
At January 23 and 24, 2019 hearings, court directed debtor to increase interest rate for EWB to 6.5 percent and to include a $1.5 line of credit or letter of credit or other source of funds to cover anticipated shortfalls in addition to the BGM Pasadena subordination. Debtor was directed to do the following by February 20, 2019:
file and serve Galletly declaration re sources and methods of compensation;
file and serve amended plan that has the additional credit availability and provides that debtor cannot file a new bankruptcy (and/or that the automatic stay will not apply to EWB's loan/collateral) unless and until the obligation to EWB has been paid in full;
verify that the amended plan contains procedures for "truing up" the amount of EWB's attorneys' fees at some later date;
deliver to the bank documentation/backup concerning the manner in which debtor intends to provide the additional $1.5M in credit availability.
Supplemental oppositions will be due by March 4, 2019. Trial continued to March 7, 2019 at 10:00 a.m.
Tentative Ruling for March 7, 2019: Rulings on Evidentiary Objections:
Objections to Pulos' Declaration
Overrule. This is merely background information.
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Sustain to the extent that debtor is attempting to use this declaration to prove the terms of the promissory note or related documents. Overrule to the extent that this is being offered as testimony that declarant intends to perform his obligations under the agreements.
Sustain to the extent that debtor is attempting to use this declaration to prove the terms of the promissory note or related documents. Overrule to the extent that this is being offered as testimony that declarant intends to perform his obligations under the agreements.
Sustain to the extent that debtor is attempting to use this declaration to prove the terms of the promissory note or related documents. Overrule to the extent that this is being offered as testimony that declarant intends to perform his obligations under the agreements.
Overrule.
Objections to Galletly Declaration:
Overrule.
Overrule.
Sustain (best evidence rule).
Sustain (best evidence rule).
Sustain to the extent that declarant is attempting to testify as to the contents of the agreement. Overrule to the extent that declarant is authenticating Exhibit 4 and explaining what it is/why he procured it. Objections to Barclay Declaration:
Deny motion to strike. Overrule general objections to exhibits.
Overrule. Increasing the amount of the projection as to the cost of improvements makes the projection more realistic and conservative in light of questions raised previously as to whether this amount would be sufficient. Declarant is not testifying that this amount would be sufficient.
Overrule. Declarant is testifying as to what she did to the projections. Declaration does not establish (and does not purport to establish) that the assumption made is reasonable or reliable.
Overrule. See paragraph 2.
Overrule. Declarant is testifying as to the math resulting from the interaction between the projections and the appraisal.
Overrule. See paragraph 4.
Rulings on EWB's Substantive Objections:
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Court agrees that there is a problem with the monetary backstop. Debtor should not have to rely on SF Red to request funds and turn them over to the debtor. Debtor should be entitled to draw upon this line of credit directly (thereby giving rise to a repayment obligation on the part of SF Red). (Pulos and his wife should sign the documents and rights should run directly to the debtor.) The line of credit cannot terminate until all plan payments have made. What happens if SF Red fails to make the required monthly payments? Does this constitute a breach that relieves Pulos from any obligation to sequester or advance funds? And where is the document that actually obligates Pulos to fund? We have the promissory note/security agreement in which SF Red agrees to repay funds borrowed from Pulos and the capital funding agreement, in which SF Red agrees to put money into the debtor, but where is the document that imposes obligations on Pulos? Court agrees that funding agreements should not be modified without notice to, and consent from, EWB or the court.
The nonmonetary backstop is not sufficient. There is no prohibition on refiling until all plan obligations are paid and there is no assurance that EWB will have relief from stay in any future bankruptcy. Provisions evaporate once a final decree is entered (which is not synonymous with payment in full) and only come into play if EWB applies for and obtains relief from stay.
Court agrees that Galletly declaration does not provide all of the additional information requested by the Court. How much is currently outstanding? How often does Galletly receive how much? Has he ever repaid any of the advances?
Court is fine with Ms. Barclay's having included additional assumptions in the new projections, as these new assumptions appear intended to address holes that the Court found in the prior sets of projections (that is, expenses that were omitted).
Discuss procedures with parties re attorneys' fees. Court did not intend to say that the debtor would only get a credit for the attorneys' fees that the Court awarded if it prevailed on appeal. There is no stay pending appeal. Therefore, unless and until this Court's prior orders are reversed, the debtor is entitled to a credit against the attorneys' fees that EWB seeks to add to its
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claim and EWB may not include in its claim attorneys' fees attributable to litigating the claim objection. We should do an initial calculation shortly after confirmation, if the plan is confirmed, and can make adjustments later if and when any appellate decision requires a reanalysis.
Court will not revist the "exit fee" issue.
NOTE: After Court issued this tentative ruling, it received a copy of the district court's opinion on appeal reversing its ruling on the disallowance of the default interest provisions and remanding for further proceedings. Discuss with the parties impact of this ruling and set dates for future proceedings.
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, 6-20-18, 8-29-18, 9-13-18, 10-10-18, 10-24-18, 1-23-19, 1-24-19
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.
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Tentative Ruling for October 24, 2018:
Continue case status conference to date and time of confirmation hearing.
Tentative Ruling for March 7, 2019:
Revisit status of case after conclusion of confirmation hearing.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
MOVANT: BANK OF INTERNET
Docket 9
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Hye Ran Lawida Represented By Michael H Yi
Movant(s):
Bank of Internet Represented By Alexander K Lee
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
VIN # 3GNCJKSB7JL301865
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.
Docket 10
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Blanca Lucia Santisteban Represented By Julie J Villalobos
Movant(s):
Americredit Financial Services, Represented By
Mandy D Youngblood Jennifer H Wang
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
VIN # 5NPDH4AE7DH359222
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 9
3/6/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/12/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Yobani Guillen Represented By Barry E Borowitz
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
VIN# JTHBA1D29J5078707
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 9
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sandy Jasmin Lopez Represented By Sina Maghsoudi
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
fr. 2-26-19
Docket 33
NONE LISTED -
Tentative Ruling for February 26, 2019:
Court rejects the argument that the foreclosure sale was void because the deed was not recorded within 15 days after the sale. Cal. Civ. Code section 2924h(c) (paragraph 2) states that, if the deed is recorded within 15 days after the sale, the date of the sale will be deemed to be 8:00 a.m. on the date the sale was conducted. That's it. The section is about whether the date of the sale is the recordation date or the auction date. There is nothing in the code section that voids a sale if the deed is not recorded within this 15 day period. The implication of the section is that, if the recordation does not occur within this "relation back" period, it will be deemed to have occurred on a different date -- presumably on the date of the actual recordation, as distinguished from on the date the auction occurred.
Movant asks that the lender be held in contempt and that sanctions and punitive damages be imposed, yet there is no evidence in the motion that the lender even knew of the existence of the bankruptcy. Did debtor ever advise lender of the bankruptcy filing? The address used on the schedules had neither a zip code nor a suite number. Was mail ever delivered to this address? In the absence of evidence that the violation was knowing and willful, court will not hold anyone in contempt or impose any damages.
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Debtor states that she is (and has always been) current on the first deed of trust, but the deed of trust that was foreclosed upon was the junior deed of trust. Was debtor current on the payments under her second deed of trust prior to the foreclosure sale? Has debtor been making payments on the junior deed of trust since the foreclosure sale? If not, why not?
Hearing required.
Final Ruling for February 26, 2019:
Continue hearing to March 12, 2019 at 10:00 a.m. Debtor should serve notice of hearing and send entire package by FedEx to Partners for Payment by February 27, 2019 and to state court attorneys in unlawful detainer action by email by February 27, 2019. Notice of hearing should advise them that oppositions will be due by March 5, 2019.
Tentative Ruling for March 12, 2019:
Debtor has now served papers in the manner instructed by the Court. Court has not received a response.
Bankruptcy was filed on August 22, 2012. Partners for Payment ("Partners") was listed on the debtors schedules, but without a suite number or a zip code.
The notice of default attached to the debtor's declaration is dated/recorded April 23, 2002. This is before the debtor's bankruptcy was filed and is not a violation of the automatic stay. The trustee's sale deed attached to debtor's declaration was recorded September 12, 2012. Debtor did not receive her discharge until February of 2013, so this deed of sale was recorded in violation of the automatic stay.
Court will not hold creditor in contempt, as there is no evidence in the record that it actually knew of the pendency of the bankruptcy case, but the court will enter an order declaring the September, 2012 foreclosure sale and trustee's sale deed null and void as the sale occurred in violation of the automatic stay.
The Court notes, however, that no steps were taken in the bankruptcy that
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had the effect of avoiding the junior lien against the property and that, based on this record, it appears that the junior lienholder retained its lien against the property and was free to continue its foreclosure after the bankruptcy case was closed.
Debtor(s):
Isabel Bonilla Represented By Martha E. Romero
Movant(s):
Isabel Bonilla Represented By Martha E. Romero
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:18-01326 Baumann et al v. Puentes et al
Miguel Gutierrez , VIP Real Estate Firm , Does 1- 10 fr. 1-8-19
Docket 1
12/28/18 - Request that Clerk issue another summons and notice of status conference filed. However, the summons has not been issued yet as the status conference is less than 2 weeks away. Once the new status conference date has been established the Clerk will issue another summons accordingly.
1/9/19 - Another Summons issued.
The Court will not serve a summons and complaint on any of the defendants. Once the plaintiff receives the additional/replacement/alias summons, it is the obligation of the plaintiff to serve the summons before it becomes stale.
Has an alias summons been issued? Has it been served on all remaining defendants? The parties who completed the status report both indicated that they would like this matter sent to mediation. Discuss timing of mediation with the parties.
2/11/19 -- Court granted ex parte application extending deadline for defendants Guttierez and VIP Real Estate to respond to complaint to March 8, 2019 (rather than March 11, 2019). (Order to this effect approved
February 27, 2019.)
Tentative Ruling for March 12, 2019:
2:00 PM
Have defendants now filed answers to complaint? Parties both requested mediation. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Jose Jesus Puentes Represented By
Raj T Wadhwani
Defendant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Miguel Gutierrez Represented By Jessica Rosen
VIP Real Estate Firm Represented By Jessica Rosen
Does 1- 10 Pro Se
Plaintiff(s):
Chris Baumann Represented By Matthew Corsaut
Durga Baumann Represented By Matthew Corsaut
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01262 Jindi Fshion INC, a California Corporation v. Kim
Docket 17
NONE LISTED -
Court has not received a response to its OSC, but has reviewed plaintiff's declaration setting forth the efforts of plaintiff's counsel to cause defendant to participate in the preparation of a joint status report and to meet and confer as required by the local bankruptcy rules and the Federal Rules of Bankruptcy Procedure. These efforts have not proven successful.
Enter order striking defendant's answer and permitting plaintiff to proceed by way of default.
Debtor(s):
Evelyn Yangmi Kim Represented By Dale J Park
Defendant(s):
Evelyn Yangmi Kim Pro Se
Plaintiff(s):
Jindi Fshion INC, a California Represented By Yong Bom Lee Hyong C Kim
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:18-01262 Jindi Fshion INC, a California Corporation v. Kim
fr. 10-16-18, 1-29-19
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):
Evelyn Yangmi Kim Represented By Dale J Park
Defendant(s):
Evelyn Yangmi Kim Pro Se
Plaintiff(s):
Jindi Fshion INC, a California Represented By Yong Bom Lee Hyong C Kim
Trustee(s):
Timothy Yoo (TR) Pro Se
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, 12-11-18, 1-8-19
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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Order imposing sanctions entered September 28, 2018 set a continued hearing for December 11, 2018 at 2:00 p.m. (later continued to January 8, 2019 by stipulation) 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
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material that may be relevant to this matter.
Discuss with expert and the parties timeline and next steps in this action. Deny motion to strike. Defendant will be given an opportunity to respond when court sets briefing schedule.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time. OFF CALENDAR FOR MARCH 12, 2019.
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
Adv#: 2:15-01535 Murtagh v. BAKER et al
Directing Neutral Expert To Turn Over to Bruce Anderson All Data Acquired In This Case
For Related Relief
Docket 411
NONE LISTED -
3/6/19 -- Court granted motion to continue hearing to April 2, 2019 at 10:00
a.m. to be heard concurrently with related matters on calendar for that date and time.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Movant(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
James Murtagh Represented By David P Bleistein
2:00 PM
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,
5-8-18, 6-27-18, 8-16-18, 9-27-18, 12-11-18, 1-8-19
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.
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.
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?
2:00 PM
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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Revisit status of action after conclusion of hearing on matter no. 209.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
2:00 PM
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
10:00 AM
Purchase/Sale Agreement Of Estates Interest In Personal Property [Debtors Claims/Causes Of Action Relating To State Court Lawsuit] Pursuant To 11
U.S.C. § 363
Overbidding Process fr. 3-6-19
Docket 15
2/4/19 - Notice of errata filed re: incorrect hearing date - Matter has been rescheduled to MARCH 13, 2019 @ 10AM;
3/12/19 - Onyinye Anyama, (562)645-4500, has been approved for telephonic appearance on 3/13/19 @ 10am
Court will not conduct a claim estimation proceeding before permitting the trustee to sell whatever rights the debtor may have against State Farm. Sale will be on an as-is, where is basis. Court is not going to perform the due diligence for a prospective purchaser. If, in fact, the claim isn't worth anything, it is clearly in the best interest of the estate to sell it to anyone willing to pay money for it.
State Farm is not a creditor asserting a claim against the debtors. As the prospective defendant in the action, it does not have standing to complain that an insufficient amount is being paid to the estate in exchange for this sale. (And State Farm is in a better position that anyone else to assess whether this claim has value or not. State Farm was involved in the transaction and should be well versed with the facts and circumstances that either do, or do not, give rise to a bad faith claim against it.)
10:00 AM
Moreover, in light of the limited amount of claims that have been filed to date and the manner in which the proposed sale is structured, at present, it appears that the proposed sale will generate enough to satisfy claims and the debtor's exemption in full. Creditors do not stand to benefit from the trustee's selling this asset at a higher price. And it should be noted that the estimation of a claim in bankruptcy and all of the authorities and statutes cited by State Farm in its opposition refer to the definition, allowance and estimation of claims AGAINST the estate, not claims held by the estate.
At hearing on motion to dismiss adversary proceeding that purchaser filed against debtor, debtor represented that State Farm has agreed to pay purchasers' $7M claim in full. Is this an accurate representation? If so, what if any value is there to the agreement of purchasers to waive this (unfiled) claim? If not and there is value to the claim waiver, how could any other overbidder deliver comparable value? (Trustee reports that, as of the date of the declaration (January 31, 2019), four claims had been filed in the case totalling $2,168.26. That does not appear to be correct. On January 23, 2019, Navient Solutions filed a proof of claim for $7,142.38.)
Is it the trustee's intention that any prospective overbidder should be required to increase its bid if the debtor successfully asserts an exemption with regard to the proceeds of sale so that any overbid would be comparable?
Are there any parties interested in overbidding?
Hearing required.
Debtor(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Movant(s):
Rosendo Gonzalez (TR) Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
10:00 AM
Docket 27
3/11/19 - George Paukert, (310)850-0231, has been approved for telephonic appearance on 3/13/19 @ 10am
Court agrees that there is insufficient evidence as to the balance outstanding on the consensual loan as of the time the petition was filed. However, court is satisfied with the valuation evidence provided, even though it is hearsay.
Court will not require the debtor to obtain a declaration from the appraiser.
However, court needs to ascertain whether debtor holds a 25 percent or a 50 percent interest in the property (or some other amount), as that will affect the outcome of the motion. Creditor's lien is for more than $6.5M. This will impair the debtor's homestead exemption. It is unclear why the creditor believes that the existence of surplus equity of $208,000 more than the amount necessary to pay the debtor's homestead exemption means there is no impairment. That is not how section 522(f) works. The lien must be avoided to the extent that it impairs the exemption. In other words, creditor may retain a lien to the extent that there is equity in the property above and beyond the amount of the homestead exemption, but the remainder of the lien must be avoided. Court needs to have the correct figures for the lien balance and the percentage ownership to calculate how much of a lien the creditor is entitled to retain.
Hearing required.
Debtor(s):
Judith Anne Sanchez Represented By
10:00 AM
Movant(s):
George J Paukert
Judith Anne Sanchez Represented By George J Paukert
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for November 19, 2018:
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.
Final Ruling for November 19, 2018:
Debtor failed to controvert petition in a timely manner. Court will enter an order for relief and will include date of continued status conference in order. Order will direct debtor or its principals to fulfill the debtor's duties, including the filing of schedules, etc. Chapter 7 trustee should file and serve a status report by January 30, 2019.
Tentative Ruling for February 6, 2019:
11:00 AM
If Admire would like the Court to take some action with regard to this bankruptcy or the Gong bankruptcy case, it will need to bring a motion requesting an order granting whatever remedy Admire is hoping to impose. In the meantime, the Court appreciates the trustee's status report and expects the trustee to continue his efforts to analyze available assets and administer them in a manner that will serve the best interest of the estate.
Is the court correctly reading the certificate of insurance provided by the debtor? Does it reflect that coverage went into effect on January 25, 2019 -- the date before the "latest" fire occurred on the property? Discuss with parties the current state of the property and what the trustee intends to do with the property pending the outcome of his adversary proceeding against co-owners and any possible sale. Hearing required.
(Court has entered order for relief. This is no longer an involuntary case.) Tentative Ruling for March 13, 2019:
Debtor claims to be thinking about whether to move to convert this case to chapter 11, but has not yet filed any such motion. In the interim, this is now a chapter 7 case being administered by a chapter 7 trustee. Court does not ordinarily conduct periodic status conferences in chapter 7 case. Therefore, take status conference off calendar. APPEARANCES WAIVED ON MARCH 13, 2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
11:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. 12/17/18 -- Court approved scheduling order with following dates:
L/D to serve notice of bar date -- December 14, 2018 Bar date -- February 8, 2019
Cont'd status conference -- March 13, 2019 at 11:00 a.m. L/D to file status report -- February 27, 2019
Tentative Ruling for March 13, 2019:
Are any prospective purchasers showing interest in the debtor's property? If not, how do the debtors explain this?
Were there any surprises among the claims filed by the bar date?
Hearing required.
Debtor(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
11:00 AM
Joint Debtor(s):
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
10:00 AM
MOVANT: C/O J. ALEXANDRA RHI HEMAR, ROUSSO & HEALD LL CIRA ROSS QDT
Docket 176
NONE LISTED -
Denial of this motion would NOT be dispositive of the movant's adversary proceeding against the debtor. The 9th Circuit held in Spirtos v. Moreno (In re Spirtos), 221 F.3d 1079 (9th Cir. 2000), that section 108(c) of the Bankruptcy Code tolls the time for a judgment creditor to renew his judgment. The 10 years had not elapsed at the time the bankruptcy was filed and will remain tolled until 30 days after the stay terminates.
It is unclear whether relief from stay is actually required here or whether the judgment creditor could have renewed his judgment even without relief, but the Circuit has made clear that the deadline to do is subject to tolling under section 108(c) and that movant is not required to renew his judgment while the stay is in effect.
Grant movant relief from stay to the extent necessary to permit movant to renew his judgment and judgment liens. Leave stay in effect with regard to all other enforcement efforts.
Debtor(s):
David Leonard Ross Represented By
10:00 AM
Movant(s):
Benjamin Nachimson
Seyed Mohammad R Kazerouni Michael L Tusken
c/o J. Alexandra Rhi Hemar, Rousso Represented By
J. Alexandra Rhim
Trustee(s):
James L Brown (TR) Pro Se
10:00 AM
362(c)(4)(A)(ii) 1831 Benedict Canyon Dr., Beverly Hills, California 90210-2006 MOVANT: THE BANK OF NEW YORK MELLON
Docket 7
NONE LISTED -
Grant motion for an order confirming that no stay went into effect, as this is the third bankruptcy case pending for this debtor within the year. In addition, 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.
(Case has already been dismissed, but motion was served before dismissal and is not moot, due to nature of relief requested.)
Debtor(s):
Austeene G Cooper Pro Se
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: INTERNATIONAL FIDELITY INSURANCE COMPANY
Docket 95
NONE LISTED -
Movant has not brought a 523 action against the debtor and the deadline to file 727 actions has been extended to April 12, 2019. Continue hearing until after April 12, 2019, as there will be no need to grant relief from stay to permit claims against the debtor to be litigated unless someone files a timely action objecting to the debtor's discharge. (If the claim will be discharged, debtor will not need to incur expense litigating any defenses that she may assert to allowance of the movant's claim.)
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Movant(s):
International Fidelity Insurance Represented By Teresa L Polk Robert J Berens
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
10:00 AM
MOVANT: SETERUS INC,
Docket 11
NONE LISTED -
Is there even an automatic stay here? It appears that the debtor quitclaimed his entire interest in the property to someone else in July of 2017 and that he has not scheduled an interest in the property in this bankruptcy. Court is not prepared to find that this bankruptcy filing was part of a scheme to hinder, delay or defraud movant in that the property was transferred AWAY from the party who filed bankruptcy. If this is a scheme to delay a foreclosure, it is a poorly conceived one.
Grant motion (as a comfort order) to movant with waiver of Rule 4001(a)(3).
Debtor(s):
Manocher Majidzadeh Represented By Rob R Nichols
Movant(s):
SETERUS INC., AS THE Represented By James F Lewin Kelsey X Luu
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: SANG MIN KOO
Docket 28
NONE LISTED -
Movant should note that, pursuant to court manual, judges' copies of documents must be stapled or otherwise bound. Loose papers binder clipped together are not acceptable.
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):
Sang Min Koo Represented By Robert P Zahradka
Movant(s):
Sang Min Koo Represented By Robert P Zahradka Robert P Zahradka Robert P Zahradka Robert P Zahradka
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
10:00 AM
MOVANT: LAKEVIEW LOAN SERVICING, LLC.
Docket 10
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):
Luis Rodriguez Pro Se
Movant(s):
LakeView Loan Servicing, LLC Represented By
Erin M McCartney
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: BANK OF THE WEST
Docket 11
3/15/19 - Mary Tang, (925)678-1876, has been approved for telephonic appearance on 3/19/19 @ 10am.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Dondi Renee Juarez Represented By Joseph Collier
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 8
3/14/19 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 3/19/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Daniel Perez Represented By
Steven A Simons
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
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, 10-23-18
Docket 1
NONE LISTED -
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. L/D to object to debtor's discharge -- March 31, 2015.
10:00 AM
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: Cont'd status conference -- October 18, 2016 at 2:00
10:00 AM
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 the status conference? Hearing required.
10:00 AM
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:
10:00 AM
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.
10/26/18 -- Court signed scheduling order with following dates: Extended discovery cutoff -- December 14, 2018
Cont'd status conference -- February 12, 2019 at 2:00 pm Court waived requirement that joint status report be filed L/D to file pretrial motions -- December 31, 2018
L/D for pretrial motions to be heard -- February 12, 2019
Tentative Ruling for February 12, 2019:
Revisit status of action after conclusion of hearings on related matters on calendar.
10:00 AM
3/11/19 -- Court granted ex parte application to continue pretrial conference to April 9, 2019 at 2:00 p.m. OFF CALENDAR FOR MARCH 19, 2019.
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 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
10:00 AM
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 David B Golubchik
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson David B Golubchik
Elissa D. Miller Represented By Ryan D ODea
10:00 AM
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
10:00 AM
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, 12-18-18
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.
3/19/19 - Michael Colleti, (818)400-8839, has been approved for telephonic appearance on 3/19/19 @ 10am
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
10:00 AM
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:
10:00 AM
(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.
12/19/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- March 19, 2019 at 2:00 p.m. L/D to conduct discovery -- March 31, 2019
L/D to file joint status report -- March 5, 2019
Tentative Ruling for March 19, 2019:
Are the parties on track to complete discovery by March 31? Have they made arrangements to participate in a mediation before Meredith Jury?
Hearing required.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By
10:00 AM
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 Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
2:00 PM
Adv#: 2:18-01219 Brand v. US Bank ELT Northstar
fr. 9-11-18, 12-18-18
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.
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.
12/19/18 -- Court approved order dismissing ECMC from action with prejudice.
2:00 PM
12/28/18 -- Court approved order dismissing remaining defendants from action with prejudice. OFF CALENDAR. ACTION FULLY RESOLVED.
Debtor(s):
Donny Emil Brand Represented By Christie Cronenweth
Defendant(s):
US Bank ELT Northstar Pro Se
Plaintiff(s):
Don Emil Brand Represented By Christie Cronenweth
Trustee(s):
Brad D Krasnoff (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,
10-16-18, 11-27-18, 12-18-18
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
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.
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
2:00 PM
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.
12/19/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- March 19, 2019 at 2:00 p.m. L/D to conduct discovery -- March 31, 2019
L/D to file joint status report -- March 5, 2019
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
2:00 PM
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 Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
10:00 AM
fr. 9-26-18
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.
11/5/18 -- Court approved compromise between debtors and trustee for purchase of nonexempt equity.
Tentative Ruling for March 20, 2019:
Court has reviewed trustee's updated status report. Take status conference off calendar. APPEARANCES WAIVED.
Debtor(s):
Juan Manuel Vazquez Represented By Luis G Torres
Joint Debtor(s):
Yecenia Vazquez Represented By Luis G Torres
10:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 32
NONE LISTED -
Dismiss case. Unfortunately, explanation offered by debtor for her failure to complete prepetition credit counseling course does not qualify as one of the exceptions set forth in section 109(h).
Debtor(s):
Rebecca Primicias Prudencio Represented By William E Krall
10:00 AM
Docket 8
NONE LISTED -
Has debtor had an opportunity to catch up on missed payments? Hearing required.
Debtor(s):
John Ernest Isidro-Munoz Represented By Raymond J Bulaon
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 113
NONE LISTED -
Tentative Ruling for February 27, 2019:
Has debtor been served with this motion, or just debtor's counsel? Continue hearing to give trustee an opportunity to serve debtor directly.
(Court copies should not be two-sided.)
Final Ruling for February 27, 2019:
Continue hearing to March 20, 2019 at 10:00 a.m. By March 1, 2019, movant should serve debtor with moving papers and all parties with notice of continuance that advises parties in interest that oppositions will be due March 13, 2019.
Tentative Ruling for March 20, 2019:
Motion has now been served on debtor and notice of continuance with required information has been served on all parties.
Pursuant to a stipulation between the parties, continue hearing to May 1, 2019 at 10:00 a.m. APPEARANCES WAIVED ON MARCH 20, 2019.
Debtor(s):
Roberto Robles Represented By
10:00 AM
Trustee(s):
Alan F Broidy
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 199
NONE LISTED -
This is not a motion to dismiss the bankruptcy case and there is no evidence that the objection to claim was filed in good faith. The proof of claim was filed months after the applicable bar date. Objecting to a proof of claim on the ground that it was late-filed on these facts is perfectly appropriate.
The state court action does not and cannot constitute an informal proof of claim. It was filed months before the bankruptcy case and was stayed by the bankruptcy filing.
Creditor claims that its failure to file a timely proof of claim constitutes excusable neglect in that, even though its state court lawyers received notice of the bar date in August of 2018, when the creditor hired bankruptcy counsel on October 2, 2018, who appeared in the case on October 4, 2018 (15 days before the bar date), new counsel did not find out about the bar date.
Declaration filed in support of opposition is hearsay lacking in personal knowledge as to the key issues here. She is neither one of the attorneys of the prior law firm nor one of the lawyers for the new firm. She is not in a position to testify as to what the prior law firm knew or didn't know or what the prior law firm did or did not communicate to the law firm. Her declaration provides no information whatsoever as to what either set of lawyers knew or understood and no information whatsoever as to why the attorneys did not file a proof of claim. Even the hearsay provided does not say that the creditor or its new firm were unaware of the bar date or why they were unaware of the bar date. It just says that the prior law firm did not advise the new firm or its client of the bar date.
10:00 AM
Claimant has failed to carry its burden of proof to establish that its failure to file a proof of claim in a timely manner was due to excusable neglect.
Disallow claim as late-filed.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
A) Outside the Ordinary Course of Business, Free and Clear of Claims, Liens, Encumbrances and Interests, Except for Mechanics Liens;
Approving the Form and Manner of Notice and Bid Process
Approving Assumption and Assignment of Leases
Docket 143
3/6/19 - Jacqueline L. James, (818)907-3173 has been approved for telephonic appearance on 3/20/19 @ 10am
Overrule objections. Unless Xceed is permitted reform its deed of trust, it has no valid deed of trust against the property. This is a bona fide dispute.
Moreover, the purchase price proposed is more than sufficient to pay off all liens against the property. Therefore, a sale free and clear is permissible under both 363(f)(3) and 363(f)(4). Liens that are not paid out of escrow will attach to the proceeds of sale with the same validity and priority as they had against the property. If Xceeds ultimately succeeds in establishing that it had a valid lien against the property, it will be paid.
Grant motion. Approve overbid procedures. Approve sale to highest bidder. Authorize assumption and assignment of leases.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Trustee(s):
R. Todd Neilson (TR) Represented By
10:00 AM
Peter J Mastan
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, 9-26-18
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.
Tentative Ruling for March 20, 2019:
Court previously disallowed the unsecured portion of secured creditors' claims due to their failure to provide correct mailing address information, but their secured claims remain as liens against the debtor's property. Does the debtor agree with the information contained in secure creditors' notice regarding failure to make post-petition plan payments on their secured claims?
Hearing required.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
11:00 AM
fr. 4-15-15, 5-11-16, 11-9-16, 5-24-17, 1-10-18
FR. 7-18-18
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
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 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.
Tentative Ruling for March 20, 2019:
Court has reviewed the reorganized debtor's case status report. Continue status conference to December 18, 2019 at 11:00 a.m. APPEARANCES WAIVED ON MARCH 20, 2019.
11:00 AM
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, 1-10-18
FR. 7-18-18
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:
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.
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.
Tentative Ruling for March 20, 2019:
Court has reviewed the reorganized debtor's case status report. Continue status conference to December 18, 2019 at 11:00 a.m. Reorganized debtor should file updated status report not later than December 6, 2019.
APPEARANCES WAIVED ON MARCH 20, 2019.
Debtor(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
11:00 AM
Movant(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
2:00 PM
Docket 319
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
D&C Care Center, Inc. Represented By
J. Bennett Friedman
Trustee(s):
Howard M Ehrenberg (TR) Represented By Daniel A Lev
2:00 PM
Docket 112
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Paisano Meats, Inc. Represented By Jeffrey S Shinbrot
Trustee(s):
Edward M Wolkowitz (TR) Represented By Marc Weitz
2:00 PM
Docket 72
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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 E. Caceres
2:00 PM
Docket 86
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
J.S.M. Heyri, Inc Pro Se
Trustee(s):
John J Menchaca (TR) Represented By Timothy J Yoo Carmela Pagay
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):
Efren Solis Jr. Represented By Steven A Alpert
Joint Debtor(s):
Lisa Marie Solis Represented By Steven A Alpert
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
[Fees requested: $21105, Expenses: $231.74]
Docket 120
- NONE LISTED -
Grant application. Allow on interim basis fees of $19,000 (per agreement between the parties) and costs of $231.74. 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: $5770, Expenses: $1167.22]
Docket 121
- NONE LISTED -
Grant application. Allow on interim basis fees of $5,770 and costs of $1,167.22. 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: $6749, Expenses: $1140.60]
Docket 122
- NONE LISTED -
Grant application. Allow on interim basis fees of $6,749 and costs of $1,140.60. 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
Approving Debtors' Disclosure Statement Describing Debtors' Plan Dated December 31, 2018
Setting Plan Solicitation And Confirmation Procedures fr. 2-12-19, 3-5-19
Docket 224
- NONE LISTED -
See tentative ruling for matter no. 101.
OFF CALENDAR. CONTINUED TO APRIL 3, 2019 AT 10:00 A.M.
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
Movant(s):
Paul Stuart Shepherd Represented By
2:00 PM
Ron Bender Todd M Arnold
Beth Ann R Young
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
2:00 PM
fr. 2-12-19, 3-5-19
Docket 223
- NONE LISTED -
Tentative Ruling for February 12, 2019:
In light of the issues that the debtors have had with consummating a sale of the property, the Court agrees that the plan and confirmation order should contain provisions that explain what will happen if a sale isn't consummated by a date certain. (There can be a procedure for applying for an extension of that date.) The court does not want to be in the situation of having a plan confirmed that never goes effective.
Additional Comments on Plan:
As the debtors have reserved the right to object to claims, the plan should include provisions concerning a disputed claim reserve.
The section on modification should be updated to include 1127(e).
The discharge section should be changed to provide that debtors will only receive a discharge once they have made all the payments due under the plan.
Disclosure Statement:
Debtors should add a discussion of the current status of the Keros settlement and more information concerning recent efforts to consummate a sale of the properties.
2:00 PM
Tentative Ruling for March 5, 2019:
Court still has a few questions and concerns about the plan structure. Hearing required.
OFF CALENDAR. CONTINUED TO APRIL 3, 2019 AT 10:00 A.M.
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
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, 11-28-18, 2-12-19, 3-5-19
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:
2:00 PM
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?
2:00 PM
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.
Tentative Ruling for February 12, 2019:
Revisit status of case after conclusion of hearing on disclosure statement. (Debtors do not need to keep answering all questions in the original order setting the status conference in subsequent status reports. They only need to apprise the court of the current status of the case and significant developments since the last status conference.)
Tentative Ruling for March 5, 2019:
Revisit status of case after conclusion of hearing on disclosure statement. OFF CALENDAR. CONTINUED TO APRIL 3, 2019 AT 10:00 A.M.
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#: 2:16-01137 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, 12-4-18, 1-8-19
Docket 1
- NONE LISTED -
Rulings on Evidentiary Objections:
Reply Declaration of Ghoulian:
(Format of objections, without objection numbers, made it excruciating and extremely time-consuming for the court to address objections.)
Par. 2 -- Overrule.
Par. 3 -- Overrule as to first half of first sentence (what Omrani said). Sustain as to balance of first sentence (what Ghoulian claims to have found out) for lack of personal knowledge, lack of foundation, hearsay. Overrule as to balance.
Par. 4 -- Sustain for lack of foundation/personal knowledge as to statement that Omrani took money. Sustain under best evidence rule as to balance of paragraph.
Par. 5 -- Sustain (best evidence rule).
Par. 6 -- Sustain as to first quoted sentence (hearsay). Overrule as to first
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sentence on page 4 of the objections. Sustain as to second sentence at top of page 4 for lack of personal knowledge/lack of foundation. Sustain balance of objections for lack of personal knowledge/lack of foundation.
Par. 7 -- Overrule as to quoted language on page 4 of the objections and lines 3 through 5 on top of page 5 of the objections. Sustain as to quoted language on page 5 at lines 6 and 7 as to why Omrani was chasing plaintiff.
Overrule as to quoted language at lines 12 through 16.
Sustain as to quoted language at lines 20-25 for lack of foundation.
Par 8. -- Sustain as to quoted language on lines 2 through 5 (best evidence and legal conclusions). Overrule as to balance to the extent that Ghoulian is testifying as to the amount of payments made. Sustain to the extent that he is testifying as to the legal consequences of the missed payments.
Par. 9 -- Sustain as to language quoted at bottom of page 6 for lack of foundation, lack of personal knowledge, best evidence rule as to contents of email. Overrule to the extent that declarant is authenticating email.
As to language at lines 3 through 6 of page 7, overrule to the extent that Ghoulian is testifying as to the fact that Omrani was related to him and that that made him trust him more. Overrule to the extent that he is testifying that landlord sued him for nonpayment of rent and the fact that he paid the landlord to resolve the lawsuit. Sustain as to balance (legal conclusion and lack of foundation).
Par. 10 -- Overule as to first sentence. Sustain as to second sentence for lack of foundation/personal knowledge. Overrule as to third, fourth and fifth sentences. Sustain as to balance (lack of personal knowledge/foundation).
Par. 11 -- Overrule as to first sentence. Sustain as to second and third sentences for lack of foundation/personal knowledge. Sustain as to portion that discusses contents of injunction under best evidence rule. Sustain as to balance (legal conclusion).
Par. 12 -- Sustain.
Par. 13 -- Sustain (best evidence rule).
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Par. 14 -- Sustain as to description of Omrani's deposition testimony (best evidence rule). Sustain as to balance of language quoted at bottom of page 9 and top of page 10 for lack of foundation, lack of personal knowledge and legal conclusion. Sustain as to language at lines 12 through 16 of page 10 for lack of foundation.
Par. 15 -- Sustain (lack of foundation, legal conclusion, best evidence rule) Declaration of Omrani:
Overrule all evidentiary objections. Objection simply refers to paragraphs 5 through 10 and the first three exhibits and then lists a series of objections. This is not an acceptable way to set forth what is objectionable about each portion of Omrani's testimony. Court will not guess what plaintiff is trying to say with regard to each sentence or paragraph. Moreover, the fact that something may be false or inconsistent with another document is not a basis for an evidentiary objection. Collateral estoppel is not an appropriate objection here either in that, although plaintiff has a monetary judgment, court needs to assess whether all of any portion of the amounts awarded are nondischargeable and therefore needs to know why things happened the way that they did.
Request for Judicial Notice:
It is unclear why most of these documents were attached as exhibits to a request for judicial notice. Many or most of them are already exhibits to someone else's declaration.
Grant request with regard to exhibits nos. 23, 24, 25, 31, 32, 39, 50, 53, 56, 57 and 69. Deny request with regard to balance of exhibits. Court would grant a request for judicial notice with regard to the public filings if the documents were authenticated by someone who actually did the searches and prepared the printouts. Court will not conduct all of these searches itself to verify that the documents are what they purport to be. Printouts from the internet as to other items, tradeshows, etc., are not appropriate candidates for judicial notice in any event.
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Tentative Rulings on Issues Affecting Merits
There is case law for the proposition that breach of the fiduciary duty of an officer or director of a corporation is not sufficient to give rise to liability under section 523(a)(4). There must be an express trust and a trust res that exists prior to the wrongdoing.
Section 523(a)(4) excepts from discharge a debt "for fraud or defalcation while acting in a fiduciary capacity." The definition of "fiduciary capacity" under § 523(a)(4) is a question of federal law. See Mills v. Gergely (In re Gergely), 110 F.3d 1448, 1450 (9th Cir. 1997). The Ninth Circuit has previously held that "[t]he broad, general definition of fiduciary--a relationship involving confidence, trust and good faith--is inapplicable in the dischargeability context." Ragsdale v. Haller, 780 F.2d 794, 796 (9th Cir.
1986). As a result, the Ninth Circuit has adopted a narrow definition of "fiduciary" for purposes of § 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." Lewis v. Scott (In re Lewis), 97 F.3d 1182, 1185 (9th Cir. 1996).
While the definition of "fiduciary" is governed by federal law, the Ninth Circuit has relied in part on state law to ascertain whether the requisite trust relationship exists. See id. at 1185; Ragsdale, 780 F.2d at 796. Several California cases have held that a corporate officer is a fiduciary of the corporation. But 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.
In Bainbridge v. Stoner, 16 Cal. 2d 423, 106 P.2d 423 (Cal. 1940), the California Supreme Court held: "One who is a director of a corporation acts in a fiduciary capacity, and the law does not allow him to secure any personal advantage as against the corporation or its stockholders. However, strictly speaking, the relationship is not one of trust, but of agency . . . ." 106 P. 2d at 426 (citations omitted); see also Bancroft-Whitney Co. v. Glen, 64 Cal. 2d 327, 411 P.2d 921, 934, 49 Cal. Rptr. 825 (Cal. 1966) (stating that while officers and directors stand in a fiduciary relation to the corporation, they are "technically not trustees"). Therefore, under Bainbridge, although officers
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and directors are imbued with the fiduciary duties of an agent and certain duties of a trustee, they are not trustees with respect to corporate assets.
California corporate law simply does not provide for a trust relationship between corporate principals and the corporation. As evident in Bainbridge and subsequent cases, California case law has consistently held that, while officers possess the fiduciary duties of an agent, they are not trustees with respect to corporate assets.
Cal-Micro, Inc. v. Cantrell (In re Cantrell), 329 F.3d 1119, 1125-27 (9th Cir. 2003).
Plaintiff is incorrect that, under section 523(a)(4), defalcation includes the innocent default of a fiduciary. The U.S. Supreme Court unanimously held in Bullock that the term “defalcation” in § 523(a)(4) includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior. Although the degree of scienter required to find defalcation was inconsistent in prior case law, the other wrongful acts set out in § 523(a)(4) of embezzlement, larceny, and fraud all required a showing of wrongful intent, and it was statutorily consistent to require the same element of intent for fiduciary defalcation. Bullock v.
BankChampaign, N.A., 569 U.S. 267, 267, 133 S. Ct. 1754, 1755 (2013).
Defendant needs to tread carefully with regard to claim preclusion arguments. The Supreme Court held in Brown v Felsen (1979) 442 US 127, 60 L Ed 2d 767, 99 S Ct 2205, that the doctrine of claim preclusion did not prevent a Bankruptcy Court from looking beyond the record of a state-court proceeding and the documents that had terminated that proceeding (in that case, a stipulation and consent judgment) in order to decide whether the debt then at issue (a debt embodied in the stipulation and consent judgment) was a debt for money obtained by fraud. Archer v. Warner, 538 U.S. 314, 316, 123 S. Ct. 1462, 1465 (2003). The mere fact that a fraud claim may have been voluntarily dismissed from the state court lawsuit does not necessarily mean that plaintiff is precluded from asserting that he was defrauded in this action. Did the state court actually adjudicate the fraud claims and find that plaintiff failed to state a claim, or were the claims dismissed without such an adjudication?
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Court disagrees that any fraud claim that might once have been asserted has been merged into the Termination Agreement. Defendant never paid the amounts due under that agreement, such that any releases contained in that document would not have become effective. A settlement of this nature does not transform the underlying fraud claim that gave rise to the liability in the first instance into merely a breach of contract claim. That is precisely the argument that the Supreme Court rejected in Archer v. Warner.
Can plaintiff base a claim under section 523(a)(2) on oral representations as to the value of defendant's business and assets of his business in light of the Supreme Court's ruling in Lamar, Archer & Cofrin, LLP v. Appling, 138 S. Ct. 1752 (2018). It would appear not. And, in any event, where in the record is there any admissible evidence that any such representations, if they were made, were false?
According to Ghoulian's declaration, at paragrah 36, the damages he proved up in state court were for "breach of the contract of the Buy-Out Agreement, consisting of $506,000 [i.e., $460,000 principal and $46,000 prejudgment interest] . . . ." These are not the damages attributable to either the alleged misrepresentations or any damages attributable to willful and malicious injury. Therefore, if the Court finds liability under either of these theories, it will have to calculate the amount of the damage award. Issue preclusion does not apply as this is a different issue. The damages for breach of the buyout agreement are not themselves nondischargeable, except to the extent that the buyout agreement represents a binding agreement as between the parties as to the amount of damage that should be attributed to any 523(a)(2)(A) claim.
Is there any evidence in the record as to the amount of damage attributable to defendant's alleged diversion of corporate assets? How much inventory was on hand at the time of the injunction? How much was that inventory worth?
Wouldn't any claim for willful and malicious injury arising out of these diversions would be limited to plaintiff's one-half share of the value of the diverted goods?
Defendant asserts that the goods were worth less due to defamatory
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comments being made by plaintiff. This is not accurate. The goods were worth whatever they were worth. If people were unwilling to buy goods from defendant due to any alleged damage to his reputation, did defendant explore other options for liquidating inventory? Much of defendant's description of events following the issuance of the preliminary injunction sounds very much as if defendant is arguing that two wrongs make a right -- because he contends that Ghoulian was abusive and unpleasant, it was permissible for Omrani to utilize any value that he could obtain from the inventory for his own benefit or for the benefit of his own business and not to give any portion of any sums that could be realized to Ghoulian. Is this what Omrani is saying?
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
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Adv#: 2:09-02063 Rubin v. Ross
fr. 1-23-18, 4-10-18, 7-3-18, 9-4-18, 10-9-18, 10-23-18
Docket 1
- NONE LISTED -
Grant request for judicial notice (although it appears that the judge's copy is missing the last several exhibits).
On retrial, Court will be trying claims asserted by plaintiff under section 727(a) (2), 727(a)(4) and 523(a)(6). (Court previously ruled that prior determination that discovery sanctions imposed by state court are not dischargeable under section 523(a)(6) may stand. On retrial, the issue is whether the balance of plaintiff's claim may be excepted from discharge under section 523(a)(6).
With regard to claim under section 727(a)(2), a debtor's discharge may be denied under this section if the debtor "with intent to hinder, delay or defraud a creditor
. . . has transferred, removed, destroyed, mutilated, or concealed or has permitted to be transferred, removed, destroyed, mutiliated or concealed --
(A) property of the debtor, within one year before the date of the filing of the petition
. . . ." In the view of Judge Altenberger, the foreclosure sale should not be treated as a transfer made within the year prior to bankruptcy (even though it occurred within approximately 7 weeks of the bankruptcy filing) because it was not a transfer by the debtor. Therefore, Judge Altenberger viewed the operative transfer as the granting and recordation of a deed of trust in favor of
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Gentino years earlier and held that this transfer would only qualify as having been made within the time limits of section 727(a)(2) if there was continuing concealment during the operative period.
While it is true that, in the Ninth Circuit, continuing concealment can operate to bring an earlier transfer within the one-year reachback period of section 727(a)(2), on these facts, the Court believes that it may also be appropriate to treat the foreclosure itself as the operative transfer. Section 727(a)(2) applies to transfers made or permitted by the debtor. If, in fact, the debtor and his attorney engaged in a scheme to keep property away from the debtor's creditors that included a collusive foreclosure by Gentino, the debtor could certainly be said to have permitted that transfer.
With regard to the plaintiff's claim under section 523(a)(6), any amounts held to be nondischargeable under that section must be the damages attributable to the willful and malicious conduct that formed the basis of that section. The plaintiff has not attempted to prove that the conduct that led to the entry of the original judgment against the debtor was willful and malicious within the meaning of section 523(a)(6). Therefore, the only amount that can be excepted from discharge under this section is the amount of any damage (or any diminished recovery) that resulted from the wrongful conduct, here, the scheme to conceal the debtor's retained ownership of the property. Has plaintiff offered any evidence to quantify that damage?
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
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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
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Adv#: 2:09-02063 Rubin v. Ross
Docket 544
- NONE LISTED -
Grant in part. Due to defendant's failure to comply with court's instructions and local rules in connection with preparation of the amended pretrial order, court has approved for entry the unilateral version of the amended order lodged by plaintiff.
Due to defendant's failure to file direct testimony declarations or any other evidence by the deadlines established by the court's trial procedures order, bar defendant from presenting any direct testimony. Therefore, defendant himself will not be permitted to testify except to the extent that plaintiff opens the door for him by calling him as an adverse witness, in which event, the Court would permit cross-examination (and redirect examination) within the scope of the original examination. Defendant may, however, if he so chooses, cross-examine any declarants or witnesses proferred by plaintiff and may offer opening and closing argument as to whether or not plaintiff has put on a sufficient showing to carry its burden of proof.
Debtor(s):
David Leonard Ross Represented By Benjamin Nachimson
Seyed Mohammad R Kazerouni Michael L Tusken
Defendant(s):
David Leonard Ross Represented By
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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
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Adv#: 2:12-01832 MGM Grand Hotel, LLC et al v. PHAN
fr. 2-12-19
Docket 78
2/7/19 - Attorney for Plaintiff will be submitting new Application/Order and setting hearing for: APRIL 2, 2019 @ 10AM.
If witness appears, have reporter administer oath and direct parties to retire to attorney conference room for examination.
Debtor(s):
NGOC TAY PHAN Represented By Jonathan T Nguyen
Defendant(s):
NGOC TAY PHAN Represented By Jonathan T Nguyen
Movant(s):
MGM Grand Hotel, LLC Represented By William A Orzel
Plaintiff(s):
MGM Grand Hotel, LLC Represented By William A Orzel
Bellagio, LLC Represented By William A Orzel
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Trustee(s):
Alberta P Stahl (TR) Pro Se
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K. Jeong, Seung Choi and Does 1 through 20 Docket No. SC127755; Superior Court, County of Los Angeles - Central District
MOVANT: BEACHSIDE LAND & DEVELOPMENT, LLC.
Docket 36
- NONE LISTED -
Why does movant take the position that mandatory abstention applies? Why doesn't movant simply file a proof of claim against the estate and proceed in state court as against the remaining defendants? Is there any insurance that might cover any of these claims?
Hearing required.
Debtor(s):
Benjamin Construction and Represented By Kevin Hahn
Movant(s):
Beachside Land & Development, Represented By
Edmond Richard McGuire
Trustee(s):
Elissa Miller (TR) Pro Se
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MOVANT: CAB WEST, LLC.
Docket 19
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Isaac Lubag Jr. Represented By Lionel E Giron
Joint Debtor(s):
Jackylyn Lubag Represented By Lionel E Giron
Movant(s):
Cab West, LLC Represented By Jennifer H Wang
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
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MOVANT: TD AUTO FINANCE, LLC.
Docket 9
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Michael T. Garcia Represented By Craig G Margulies
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
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MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 8
3/28/19 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 4/2/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Yajaira Rincon Represented By David S Hagen
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Brad D Krasnoff (TR) Pro Se
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Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 413
- NONE LISTED -
Rulings on Evidentiary Objections:
Evidentiary objections are to be stated in a separate document and should not be longer than the declaration to which they are objecting. There is no need to make evidentiary objections to factual assertions and legal arguments contained in a memorandum of points and authorities. A memorandum of points and authorities is not evidence. Legal argument by an attorney is not evidence.
There is only one objection that needs to be raised here -- hearsay/lack of personal knowledge. The only fact to which counsel for Baker can actually testify is that the exhibit to her declaration is a true and correct copy of an email she sent to the neutral expert. None of the factual assertions contained in that email constitute admissible evidence. The declarant has not established that she has personal knowledge of any of the purported facts outlined in that email. The only reasonable conclusion that anyone could draw from a review of that document is that all information contained in that email was told to Ms. Ponce by her client, Mr. Baker. Therefore, it is inadmissible hearsay. The Court expressly ordered the defendant to file and serve his own declaration setting forth this information. He has failed to do so. Sustain evidentiary objections to contents of Exhibit 1.
Tentative Ruling on the Merits:
Baker has not filed the declaration required by paragraph 7 of the Court's February 19, 2019 Order to Show Cause. A declaration from counsel attaching an email that she wrote to the neutral expert based on statements
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made to her by Baker is not a declaration from Baker.
Baker has no basis to complain of the procedures used in connection with the issuance of the Court's February 19 Order to Show Cause. There have been numerous motions filed, requesting that this court issue an order to show cause re contempt, that explain in excruciating detail the relief requested by the plaintiff and the basis for that request. Baker has been given far more than the 7 days contemplated by the local rule for responding to that motion. This process has been ongoing for a period of many months. The process that has been afforded to Baker has been more than due process. It cannot be said that Baker has been prejudiced or deprived of the opportunity to respond at any step in this process.
Baker is correct that this Court has already issued a variety of sanctions, but Baker continues to fail and refuse to comply with this Court's orders and argues that he should be permitted to do so with impunity and that the sanctions entered to date are sufficient to vindicate the Court. This Court disagrees.
This court's contempt powers are limited to civil contempt, which means that sanctions must be designed to coerce and not to punish. And a bankruptcy court may use civil contempt, including incarceration, to coerce the payment of monetary sanctions that it imposes if the contemnor has the ability to pay the sanctions. Here, notwithstanding this Court's express order that the debtor file and serve a declaration that includes, among other things, a discussion of why he has not made any payments toward the $132,633.25 sanctions award and a discussion of all efforts that he has made to locate or obtain funds with which to pay this sanction award [see February 19 Order, p. 7, at lines 17-26], Baker has not provided any information whatsoever as to why he has not paid this amount or whether he is in a position to pay this amount. Both the memorandum of points and authorities and counsel's declaration are utterly silent on this issue.
It is not this court's intention to incarcerate Baker for failing to pay something unless he is able to pay it. It is not this court's intention to incarcerate Baker for failing to do something unless he has the ability to do it. That is why this Court's order provided that, if Baker contends he lacks the ability to comply
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with this Court's prior orders, he mist file a declaration explaining why he could not comply, but Baker has failed to offer any evidence whatsoever as to whether he can or can't do either of these things.
Baker certainly has the ability to provide the declaration that the Court ordered him to file. It is therefore wholly appropriate for this Court to incarcerate him until he has provided the declaration that the court has requested so that the Court can determine whether he has the ability to comply with its prior orders.
Further, although this Court does not have criminal contempt authority, the district court does. Therefore, if the Court determines that punitive sanctions are warranted, it is wholly appropriate for this Court to ask the District Court to withdraw the reference for the purpose of considering whether to impose criminal sanctions.
Baker argues that this Court should simply enter a judgment against him and leave it at that. This is not a decision for Baker to make. Baker cannot simply ignore orders of this Court and assume that the worst that should happen is that judgment will be entered against him. Baker cannot disobey court orders and destroy relevant documents with impunity.
In light of the foregoing, the Court should do the following:
Make the Additional Findings set forth in paragraph 11 of the February 19 order;
Hold Baker in civil contempt for having failed to comply with prior orders of this court in the respects set forth in paragraph 10 of the February 19 order, issue a warrant for his arrest and direct that he be incarcerated until he performs the Affirmative Acts set forth in paragraph 8 of the February 19 order;
Make a criminal referral to the U.S. Attorney based on Baker's spoilation of evidence as described in paragraph 1(c)(i) of the February 19 order; and
Set a continued hearing to evaluate, based on information contained in any declaration that Baker may subsequently file pursuant to paragraphs 7 and 9 of the February 19 order, whether to impose the additional sanctions referenced in paragraphs 1(d) and 1(e) of the February 19 order.
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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
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Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 5-8-18, 6-27-18, 8-16-18, 9-27-18, 12-11-18, 1-8-19, 3-12-19
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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Order imposing sanctions entered September 28, 2018 set a continued hearing for December 11, 2018 at 2:00 p.m. (later continued to January 8, 2019 by stipulation) 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
10:00 AM
material that may be relevant to this matter.
Discuss with expert and the parties timeline and next steps in this action. Deny motion to strike. Defendant will be given an opportunity to respond when court sets briefing schedule.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time. OFF CALENDAR FOR MARCH 12, 2019.
OFF CALENDAR. THIS MATTER HAS NOW BEEN SUPERSEDED BY THE ORDER TO SHOW CAUSE ON CALENDAR AS MATTER NO. 6.
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
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr, 3-12-19
Docket 411
- NONE LISTED -
3/6/19 -- Court granted motion to continue hearing to April 2, 2019 at 10:00
a.m. to be heard concurrently with related matters on calendar for that date and time.
By failing to respond to plaintiff's discovery requests in a timely manner, Baker has waived any objections and any attorney/client privilege and any protections for attorney work product. However, other parties have not waived any privileges that might be applicable, if there are such privileges available with regard to communications to which Baker was a party.
Formulate practical measures for use by Mr. Broom to cull out from any materials to be turned over to plaintiff communications and data that have no bearing on the instant lawsuit or issues concerning Dr. Murtagh. This should address concerns raised by NIC and Scott Vick and any other third parties who may be affected by turnover of data.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
10:00 AM
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Movant(s):
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
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 424
- NONE LISTED -
Grant solely to the extent necessary to address issues concerning protective order. See tentative ruling for matter no. 8.
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
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, 8-16-18, 9-27-18, 12-11-18, 1-8-19, 3-12-19
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.
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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Revisit status of action after conclusion of hearing on matter no. 209.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time.
Tentative Ruling for April 2, 2019:
Revisit status of action after conclusion of hearing on related matters on calendar.
10:00 AM
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
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, 12-4-18, 2-26-19
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.
12/6/18 -- Court signed scheduling order setting following dates: L/D to complete mediation -- February 22, 2019
L/D to lodge order appointing mediator -- December 21, 2018 L/D to file pretrial motions -- March 18, 2019
Cont'd status conference -- February 26, 2019 at 2:00 p.m. L/D to file joint status report -- February 12, 2019
12/27/18 -- Court approved order appointing mediators.
2:00 PM
Tentative Ruling for February 26, 2019:
Parties report that matter settled at mediation. What is the structure of the settlement? What has to happen before this adversary proceeding will be resolved? Hearing required.
3/29/19 -- Court approved stipulated form of judgment. OFF CALENDAR. ACTION RESOLVED.
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):
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#: 2:19-01017 Bradley D. Sharp, Chapter 7 Trustee v. Global Merchant Cash, Inc.
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):
Shepherd University Represented By Jaenam J Coe
Defendant(s):
Global Merchant Cash, Inc. Pro Se
Plaintiff(s):
Bradley D. Sharp, Chapter 7 Trustee Represented By
Elissa Miller
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
Docket 68
- NONE LISTED -
3/26/19 -- Court granted motion to continue hearing to April 16, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 2, 2019. NO APPEARANCE REQUIRED.
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#: 2:18-01230 Brubaker v. Firstmark Access Group et al
fr. 9-26-18, 10-23-18, 1-15-19
Docket 1
- NONE LISTED -
Set discovery cutoff for late February. Set pretrial conference for late March. Require parties to complete a day of mediation prior to date of pretrial conference.
1/25/19 -- Court approved scheduling order with following dates: L/D to file pretrial motions -- March 12, 2019
L/D to conduct discovery -- February 28, 2019 L/D to lodge pretrial order -- March 19, 2019 Pretrial conference -- April 2, 2019 at 2:00 p.m.
L/D to lodge order appointing mediator -- February 11, 2019 L/D to complete mediation -- April 2, 2019
2/12/19 -- Court approved order appointing mediators.
3/5/19 -- Court approved stipulation continuing pretrial conference to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
Debtor(s):
Lisa Nicole Brubaker Pro Se
2:00 PM
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
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#: 2:18-01424 Olmo et al v. Wiltsey
fr. 2-5-19
Docket 1
- NONE LISTED -
Continue status conference to April 9, 2019 at 2:00 p.m. to coincide with hearing on default judgment motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Plaintiff(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
2:00 PM
2:00 PM
Adv#: 2:19-01015 Credit Union of Southern California v. Foster, Sr.
Docket 1
3/4/19 - Default entered against Floyd Naymon Foster, Sr.
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Floyd Naymon Foster Sr. Represented By Steven A Alpert
Defendant(s):
Floyd Naymon Foster Sr. Pro Se
Plaintiff(s):
Credit Union of Southern California Represented By
Karel G Rocha
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
Docket 7
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Movant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Raymond H. Aver
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
Docket 11
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Movant(s):
Beverly Hills Bestfields Represented By Nami Kang
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Raymond H. Aver
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
Docket 1
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Raymond H. Aver
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01022 Avery v. Beverly Hills Bestfields Investments, Inc. et al
Docket 1
- NONE LISTED -
3/5/19 -- Court approved stipulation continuing defendant's deadline to respond to complaint to March 13, 2019.
Tentative Ruling for April 2, 2019:
Is it appropriate for the trustee to have sued all of these lienholders in a single adversary proceeding? Would it have been more appropriate for separate adversary proceedings to be brought against these defendants?
None of the parties have asked that the matter be sent to mediation. What needs to happen before it would be appropriate to send this matter to mediation?
Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Beverly Hills Bestfields Represented By
2:00 PM
Nami Kang
Benjamin An Represented By
Steven J Barkin
Corbel Architects, Inc. Represented By Matthew A Lesnick
Accu-Test Structural Laboratories, Pro Se
King Star Security Patrol, Inc. Represented By Baird A Brown
Thomas Kim, dba Global Pro Se
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01023 Avery v. Kim et al
Docket 1
- NONE LISTED -
In status report, trustee states that he has agreed to extend the deadline for Bon Koo Kim and Youngsook Kim to respond to the complaint until April 10, 2019. Court approval is required for such an extension. Trustee should either file a stipulation to this effect and upload order or at least upload a form of order to memorialize this extension.
Can this matter be adjudicated before the adversary proceeding on calendar as number 209 has been resolved, at least in part? How can the court determine whether there is any equity in the property and therefore whether there is any point in authorizing a sale of the property until it has determined whether any of the liens the trustee has challenged are avoidable?
Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Bon Koo Kim Pro Se
Youngsook Kim Pro Se
Ki Y Jang Pro Se
2:00 PM
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:18-01355 NG DIP Liquidating Trust v. Echo Global Logistics, Inc.
Docket 6
- NONE LISTED -
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
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
Defendant(s):
Echo Global Logistics, Inc. Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01355 NG DIP Liquidating Trust v. Echo Global Logistics, Inc.
fr. 1-8-19
Docket 1
- NONE LISTED -
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):
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):
Echo Global Logistics, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01356 NG DIP Liquidating Trust v. EnVista LLC (aka Envista Concepts)
fr. 1-8-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/18/19 -- Court approved order extending deadline to respond to complain to January 31, 2019.
OFF CALENDAR. ACTION HAS BEEN DISMISSED.
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
2:00 PM
Defendant(s):
EnVista LLC (aka Envista Concepts) Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01357 NG DIP Liquidating Trust v. Facebook, Inc.
fr. 1-8-19, 2-26-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/30/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
3/4/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
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):
Facebook, Inc. Pro Se
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01358 NG DIP Liquidating Trust v. IMG Models, Inc.
fr. 1-8-19, 2-26-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/25/19 -- Court approved stipulation continuing response date to March 8, 2019 and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
OFF CALENDAR. MOTION HAS BEEN DISMISSED.
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):
IMG Models, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By
2:00 PM
Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01359 NG DIP Liquidating Trust v. I-parcel, LLC
fr. 1-8-19, 2-26-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
2/28/19 -- Court approved stipulation continuing response date to april 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
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):
I-parcel, LLC Pro Se
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01360 NG DIP Liquidating Trust v. Kacoo USA, LLC
fr. 1-8-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
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.
1/18/19 -- Court approved order extending deadline to respond to complain to January 31, 2019.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
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):
Kacoo USA, LLC Represented By Lana Milojevic
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01361 NG DIP Liquidating Trust v. Lavish Alice
Docket 7
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
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):
Lavish Alice Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01361 NG DIP Liquidating Trust v. Lavish Alice
fr. 1-8-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
3/29/19 -- Court approved stipulation pursuant to which motion for default judgment was withdrawn, defendant was given until May 13, 2019 to respond to complaint and status conference was continued to May 21, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 2, 2019. 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
Defendant(s):
Lavish Alice Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner
2:00 PM
Todd M Arnold
2:00 PM
Adv#: 2:18-01362 NG DIP Liquidating Trust v. Lee + Lani, LLC
Docket 13
- NONE LISTED -
Motion provides copy of cleared check, but what was the transfer for? What admissible evidence has the trustee offered in support of the other elements necessary to state a claim under section 547(b)? Court expects plaintiff to actually prove up his case.
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):
Lee + Lani, LLC Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01363 NG DIP Liquidating Trust v. Luxury Garage Sale, Inc.
fr. 1-8-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/30/19 -- Court signed order continuing response date to March 1, 2019.
3/7/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
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
2:00 PM
Defendant(s):
Luxury Garage Sale, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01364 NG DIP Liquidating Trust v. Madison Administrative Services, Inc.
fr. 1-8-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.) Continue status conference approximately 90 days.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
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):
Madison Administrative Services, Represented By
Ovsanna Takvoryan
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01365 NG DIP Liquidating Trust v. Pursue
Docket 7
- NONE LISTED -
Plaintiff cannot seek to recover by way of a default judgment an amount that exceeds the amount requested in the original complaint. If plaintiff would like to increase the amount of his prayer, he will need to file and serve an amended complaint.
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
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
Defendant(s):
Pursue Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01365 NG DIP Liquidating Trust v. Pursue
fr. 1-8-19
Docket 1
- NONE LISTED -
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):
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):
Pursue Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01366 NG DIP Liquidating Trust v. Rakuten Marketing, LLC
fr. 1-8-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/17/19 -- Court approved order extending defendant's deadline to respond to complaint to January 31, 2019.
2/1/19 -- Court approved stipulation continuing response date to March 7, 2019.
3/11/19 -- Court approved stipulation continuing response date to March 15, 2019 and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek
2:00 PM
Lorie A Ball David B Shemano
Defendant(s):
Rakuten Marketing, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01367 NG DIP Liquidating Trust v. United Parcel Service, Inc.
fr. 1-8-19, 2-26-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
2/28/19 -- Court approved stipulation continuing response date to april 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
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):
United Parcel Service, Inc. Pro Se
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01368 NG DIP Liquidating Trust v. Wish for Falling Star, Inc.
#227.00 Motion for Default Judgment against Defendants
Docket 10
- NONE LISTED -
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
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
Defendant(s):
Wish for Falling Star, Inc. Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
2:00 PM
Adv#: 2:18-01368 NG DIP Liquidating Trust v. Wish for Falling Star, Inc.
fr. 1-8-19
Docket 3
- NONE LISTED -
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):
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):
Wish for Falling Star, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
10:00 AM
Docket 5
- NONE LISTED -
Court has not received response to OSC. Unless attorney attends and plans to file notice of appearance, dismiss case.
Debtor(s):
Walk Like a Man, LLC Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
[Presumption of Undue Hardship]
Docket 9
NONE LISTED -
Attorney has signed and it appears that the presumption of hardship box was checked in error. Is this correct? If so, debtor can file amended agreement and court approval will not be required.
Debtor(s):
Yalonda S Conrad Represented By Paul Y Lee
Movant(s):
VW CREDIT, INC. Represented By John Rafferty
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
to Sell Property of the Estate Free and Clear of Liens under Section 363(f) of Greg Brewer
Approve Overbid Procedure
Approve Payment of Commissions
Find Purchasers are Good Faith Purchasers
Waive Rule 6004(h) Stay
Docket 108
NONE LISTED -
Grant motion. Approve sale to highest bidder.
Debtor(s):
Tod C Brewer Represented By Andrew S Mansfield
Trustee(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
10:00 AM
Authorizing Sale Of Estates Right, Title, And Interest In Personal Assets Free And Clear Of Lien Of NAS Surety Group
Approving Overbid Procedure
Waiving Rule 6004(H) Stay
Docket 108
NONE LISTED -
The proposed purchaser is the debtor's president and the only valuation information contained in the motion is based on the values set forth in the debtor's schedules. Did the trustee make any effort to ascertain whether the values set forth on the schedules are accurate? Did the trustee make any effort to market any of the assets? Is the trustee proposing that the lender's liens attach to the proceeds of sale, pending entry of an order of the court determining that the lender does not hold a valid security interest in any of the items to be sold?
Hearing required.
Debtor(s):
Golden Vista Construction Inc Represented By Jason Wallach
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
10:00 AM
Approving Sale of the Estate's Interest in Real Property Free and Clear of Interests Under 11 U.S.C. Section 363(f)
Approving the Proposed Overbid Procedure
Determining that Buyers are Entitled to Section 363(m) Protection
Authorizing the Payment of Commission
Docket 27
NONE LISTED -
Grant motion. Approve sale to the highest bidder.
Debtor(s):
Aaron White Represented By
Daniel King
Trustee(s):
Carolyn A Dye (TR) Represented By Amy L Goldman
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 241
NONE LISTED -
Grant motion. Approve sale.
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
Approving Disclosure Statement Describing Debtors' Plan Dated December 31, 2018
Setting Plan Solicitation And Confirmation Procedures fr. 2-12-19, 3-5-19, 3-20-19
Docket 224
NONE LISTED -
Continue hearing to see if sale closes.
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
Movant(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
10:00 AM
Beth Ann R Young
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
10:00 AM
fr. 2-12-19, 3-5-19, 3-20-19
Docket 223
NONE LISTED -
Tentative Ruling for February 12, 2019:
In light of the issues that the debtors have had with consummating a sale of the property, the Court agrees that the plan and confirmation order should contain provisions that explain what will happen if a sale isn't consummated by a date certain. (There can be a procedure for applying for an extension of that date.) The court does not want to be in the situation of having a plan confirmed that never goes effective.
Additional Comments on Plan:
As the debtors have reserved the right to object to claims, the plan should include provisions concerning a disputed claim reserve.
The section on modification should be updated to include 1127(e).
The discharge section should be changed to provide that debtors will only receive a discharge once they have made all the payments due under the plan.
Disclosure Statement:
Debtors should add a discussion of the current status of the Keros settlement and more information concerning recent efforts to consummate a sale of the properties.
10:00 AM
Tentative Ruling for March 5, 2019:
Court still has a few questions and concerns about the plan structure. Hearing required.
Tentative Ruling for April 3, 2019:
Continue hearing to see if sale closes.
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. 8-30-17, 9-6-17, 11-29-17, 12-12-17, 3-14-18, 3-21-18, 6-13-18, 6-27-18,
8-29-18, 11-28-18, 2-12-19, 3-5-19, 3-20-19
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:
10:00 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?
10:00 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.
Tentative Ruling for February 12, 2019:
Revisit status of case after conclusion of hearing on disclosure statement. (Debtors do not need to keep answering all questions in the original order setting the status conference in subsequent status reports. They only need to apprise the court of the current status of the case and significant developments since the last status conference.)
Tentative Ruling for March 5, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for April 3, 2019:
Is court correct in assuming that, if sale closes, debtors will be dismissing this case rather than confirming a plan? 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
10:00 AM
Beth Ann R Young
11:00 AM
fr. 1-9-19
Docket 51
NONE LISTED -
Court has reviewed the parties' joint status report. Vacate/discharge the OSC. Court will prepare order. No appearance required.
Debtor(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
11:00 AM
Docket 32
NONE LISTED -
Tentative Ruling from February 27, 2019:
Debtor has no disposable income and can only make payments to creditors if family members make regular contributions. Plan that debtor would propose would not be confirmable, as it would not deliver as much value to creditors (namely, 100 percent of their claims), as would a sale of the property in chapter 7. Therefore, conversion would be pointless and represents merely an attempt to enable debtor's family members to keep the property. This is not a good faith effort to reorganize under chapter 13. Therefore, deny motion to convert.
Final Ruling for February 27, 2019:
Continue hearing to April 3, 2019 at 11:00 a.m. as a status conference. (Court did not require parties to file status report.) (Moores want to refinance the property and pay all claims and administrative expenses.)
Tentative Ruling for April 3, 2019:
What has transpired in this case since February 27, 2019, if anything? Hearing required.
Debtor(s):
Geneva McGrigg Represented By
11:00 AM
Movant(s):
Theresa Hana
Geneva McGrigg Represented By Theresa Hana
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
11:00 AM
Adv#: 2:18-01255 Avery
Docket 36
NONE LISTED -
Tentative Ruling for February 5, 2019:
Deny motion. In the moving papers, the movant acknowledges receipt of the trustee's adversary complaint and that they were advised to seek legal counsel. The fact that the defendants did not understand the papers does not constitute excusable neglect. They should have sought assistance or at least shown up in court to ask what was going on and make an effort to defend themselves. Instead, they did nothing. Nothing in the moving papers constitutes excusable neglect. It is not appropriate for them to do nothing and permit a default to be entered and a default judgment to be entered and thereafter to seek to vacate the dismissal now that they realize the significance of the complaint.
Final Ruling for February 5, 2019:
Continue hearing to February 27, 2019 at 10:00 a.m. to be heard concurrently with motion to convert to chapter 13. If court denies conversion, court is likely to deny this motion, but, if court grants motion to convert, it may grant this motion.
Tentative Ruling for February 27, 2019:
Revisit motion after conclusion of hearing on motion to convert.
11:00 AM
Final Ruling for February 27, 2019:
Continue hearing to April 3, 2019 at 11:00 a.m. as a status conference. (Court did not require parties to file status report.) (Moores want to refinance the property and pay all claims and administrative expenses.)
Tentative Ruling for April 3, 2019:
What has transpired in the underlying bankruptcy case since February 27, 2019, if anything? Hearing required.
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Movant(s):
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
11:00 AM
Authorizing The Sale Of Real Property Commonly Known As 65 Daly Road, East Northport, New York, Free And Clear Of Liens, Claims And Encumbrances;
Authorizing Payment Of Real Estate Brokers Commissions And Reimbursement Of Expenses
Finding That Buyer Is A Good Faith Purchaser
Waiving The 14-Day Stay
Granting Related Relief
Docket 296
3/19/19 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 4/3/19 @ 11am
Grant motion. Approve sale to highest bidder.
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
11:00 AM
Zev Shechtman George E Schulman
2:00 PM
fr. 2-6-19
Docket 187
NONE LISTED -
1/25/19 -- Court granted motion continuing confirmation hearing to April 3, 2019 at 2:00 p.m. and giving debtor to and including March 27, 2019 to file and serve his confirmation motion, ballot tally and supporting declarations. OFF CALENDAR FOR FEBRUARY 6, 2019.
Tentative Ruling for April 3, 2019:
Classes 1 through 10, with the exception of Class 2, have either voted in favor of confirmation or are unimpaired. Plan can be confirmed with regard to these classes under section 1129(a). With regard to Class 2, plan must be confirmed, if at all, under section 1129(b). To what time period do the taxes in Class 2 relate? Do these taxes qualify as claims of the kind set forth in section 507(a)(8)? If so, the treatment set forth in the plan is impermissible. The claim must be paid over a 5 year period commencing at the entry of the order for relief, not as of the effective date pursuant to section 1129(a)(9)(C).
Hearing required.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
2:00 PM
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.
1/25/19 -- Court continued status conference to date of continued confirmation hearing. OFF CALENDAR FOR FEBRUARY 6, 2019.
Tentative Ruling for April 3, 2019:
Revisit status of case after conclusion of hearing on plan confirmation.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
10:00 AM
Docket 17
NONE LISTED -
Court has denied motion to vacate dismissal. Does counsel plan to file a new case on debtor's behalf? Hearing required.
Debtor(s):
Kyle Wayne Davis Represented By Armen Shaghzo
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
fr. 1-30-19
Docket 1233
NONE LISTED -
Tentative Ruling for January 30, 2019:
The plan trustee's response to the Ancill declaration raises a number of good points concerning information missing from the Ancill declaration. Continue hearing to give Ancill a further opportunity to supplement the information provided to address the points raised by the plan trustee.
Final Ruling for January 30, 2019:
Continue hearing to April 4, 2019 at 10:00 a.m. Ancil and TNI shall file and serve a supplemental declaration not later than March 14, 2019. Plan trustee shall have to and including March 19, 2019 to file and serve supplemental response.
Tentative Ruling for April 4, 2019:
Rather than continue the hearing again to obtain additional information, allow counsel for the Plan Trustee to question Mr. Ancill under oath concerning the issues left unresolved by the most recent declaration.
Debtor(s):
East Coast Foods, Inc. Represented By
10:00 AM
Trustee(s):
Vahe Khojayan Philip E Strok
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
MOVANT: LOGIX FEDERAL CREDIT UNION
Docket 27
3/20/19 - Reilly Wilkinson, (415)491-8900 x 106, has been approved for telephonic appearance on 4/9/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Felipe Alcala Represented By
R Grace Rodriguez
Joint Debtor(s):
Melissa Alcala Represented By
R Grace Rodriguez
Movant(s):
LOGIX FEDERAL CREDIT Represented By Reilly D Wilkinson
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: AJAX MORTGAGE LOAN TRUST 2018-C, MORTGAGE-BACKED SECURITIES, SERIES 2018-C, by U.S.BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE
Docket 9
NONE LISTED -
Deny. There is a sufficient equity cushion to provide adequate protection at this juncture and the debtor retains equity in the property.
Debtor(s):
Miguel Angel Oliden Represented By Brian J Soo-Hoo
Movant(s):
Ajax Mortgage Loan Trust 2018-C, Represented By
Renee M Parker
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: PLATINUM LOAN SERVICING, INC. fr. 2-5-19
Docket 86
NONE LISTED -
Tentative Ruling for February 5, 2019:
Property now appears on Redfin.com. The amount of coverage necessary is not the full value of the property. The issue is whether the coverage amount is sufficient to replace the dwelling. One doesn't need to insure the value of the land. Movant has not provided admissible evidence or expert testimony as to the appropriate value for which this property should be insured.
Set deadline by which debtor will need to have filed motion to sell property. Continue hearing to give debtor a reasonable (further) opportunity to market and sell the property.
Final Ruling for February 5, 2019:
Continue hearing to April 9, 2019 at 10:00 a.m. Debtor should file and serve a motion to sell property not later than April 8, 2019.
Tentative Ruling for April 9, 2019:
Debtor has not yet filed a motion to sell the property or a motion for approval of a refinancing. Court is not satisfied that debtors have sufficient incentive to
10:00 AM
move expeditiously to sell or refinance the property. Debtors have been in bankruptcy since last September. Enter order that directs the United States Trustee to appoint a chapter 11 trustee if the debtors have not filed a motion to sell the property or for approval of financing by April 30, 2019.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
Movant(s):
Platinum Loan Servicing, Inc. Represented By Lewis R Landau
10:00 AM
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,
10-23-18,
3-19-18
Docket 1
NONE LISTED -
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
10:00 AM
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:
10:00 AM
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:
10:00 AM
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. 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
10:00 AM
Tentative Ruling for July 17, 2018:
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.
10/26/18 -- Court signed scheduling order with following dates: Extended discovery cutoff -- December 14, 2018
Cont'd status conference -- February 12, 2019 at 2:00 pm Court waived requirement that joint status report be filed L/D to file pretrial motions -- December 31, 2018
L/D for pretrial motions to be heard -- February 12, 2019
Tentative Ruling for February 12, 2019:
Revisit status of action after conclusion of hearings on related matters on
10:00 AM
calendar.
3/11/19 -- Court granted ex parte application to continue pretrial conference to April 9, 2019 at 10:00a.m. OFF CALENDAR FOR MARCH 19, 2019.
Tentative Ruling for April 9, 2019:
Have the parties exchanged all of the exhibits that will be in their exhibit books? Court has a few minor typographical changes to make to the pretrial order. Sign pretrial order and issue trial procedures order.
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 James KT Hunter
10:00 AM
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 David B Golubchik
Gerson Fox Represented By
Andy Kong
10:00 AM
James KT Hunter Benjamin Nachimson David B Golubchik
Elissa D. Miller Represented By Ryan D O'Dea
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
2:00 PM
Adv#: 2:19-01044 Dye v. Babaie et al
Docket 1
NONE LISTED -
At request of the parties, continue status conference to May 7, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 9, 2019.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Defendant(s):
David Babaie Represented By Matthew A Lesnick
Keto Development Group, LLC Represented By Matthew A Lesnick
DOES 1 THROUGH 10 Pro Se
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:18-01275 Dolce et al v. Kendrick
Complaint by Edward Dolce , Lotte Dolce against Daryl G Kendrick fr. 10-23-18, 12-4-18, 2-5-19
Docket 1
NONE LISTED -
Court denied plaintiffs' motion for default judgment on February 8, 2019 and continued status conference to give plaintiffs an opportunity to decide how they intend to proceed in this matter. What have plaintiffs decided? Hearing required.
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#: 2:18-01462 Venegas v. Educational Credit Management Corporation, a non-p
fr. 2-26-19
Docket 1
NONE LISTED -
2/1/19 -- Court approved stipulation continuing status conference to April 9, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 26, 2019.
3/21/19 -- Court approved stipulation dismissing Navient and adding ECMC. ECMC has to and including 10 days after entry of order to respond to complaint.
Tentative Ruling for April 9, 2019:
Continue status conference to July 2, 2019 at 2:00 p.m. Parties should file updated joint status report not later than 14 days prior to continued status conference date.
Debtor(s):
Dante Lorenzo Venegas Pro Se
Defendant(s):
Educational Credit Management Represented By
Scott A Schiff
2:00 PM
Plaintiff(s):
Dante Lorenzo Venegas Represented By
C John M Melissinos Keith Patrick Banner
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01036 Garcia v. Carroll
Docket 1
NONE LISTED -
Set discovery cutoff for late September, 2019. Continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to the date of the continued status conference.
Debtor(s):
John Carroll Represented By
Allan D Sarver
Defendant(s):
John Carroll Represented By
David M Almaraz
Joint Debtor(s):
Donna Carroll Represented By Allan D Sarver
Plaintiff(s):
Jose "Joseph" Moises Garcia Represented By Michael B Wilson
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Docket 45
NONE LISTED -
Overrule evidentiary objections. Disagreeing with the position advanced by the declarant, or even the falsity of testimony offered by a declarant, does not make the declarant's testimony inadmissible. And the "testimony" here is more in the nature of argument anyway. Court can evaluate arguments without need for an evidentiary dispute.
Particularly in light of past cancellations, counsel for defendant should not have simply assumed that plaintiff's deposition of Mr. Fiorelli would be going forward and that he would have sufficient time to question Mr. Fiorelli at that deposition. It would not have been a significant duplication of efforts for defendant to subpoena Mr. Fiorelli's to appear for a deposition at the same date and time scheduled for plaintiff's deposition(s) so that plaintiff would not be able to unilaterally cancel the depositions.
Nevertheless, there is no significant prejudice here to plaintiff from a short continuance of the discovery cutoff for the sole purpose of deposing Mr.
Fiorelli. It should go without saying that defendant should take responsibility for scheduling that deposition and should serve Mr. FIorelli with a subpoena compelling his attendance on the designated date.
Court is not persuaded that plaintiff incurred any costs needlessly as a result of attendance at status conferences that the court would have convened anyway, and plaintiff's argument that defendant should not have relied on the notice of deposition that plaintiff served because it noticed the deposition for a date after the discovery cutoff is too cute by half. Plaintiff's counsel also
2:00 PM
seems to overlook the delay occasioned by his own failure to comply with instructions from this Court intended to move this adversary proceeding forward in an expeditious manner.
The discussion that the court had with the parties on the record at the last status conference to ascertain whether plaintiff was willing to stipulate to an extension of the discovery cutoff was sufficient to demonstrate to the satisfaction of this court that any effort to meet and confer with plaintiff's counsel in an effort to resolve this matter would have been futile. Plaintiff does not want to resolve this matter amicably. Plaintiff wants to prevent defendant from deposing Mr. Fiorelli. And a motion to extend the discovery cutoff is not the kind of a discovery dispute for which the court needs or requires the kind of stipulated motion contemplated by the local rules.
The plaintiff has not provided the court with a copy of the state court judgment or the underlying pleadings in the state court action that the plaintiff claims makes Mr. Fiorelli's testimony irrelevant, but it appears to the court based on the representations made that, if such a judgment exists, it resolves only the defendant's liability for damaging the premises, not the issue of whether plaintiff can prove that defendant had the state of mind and engaged in the type of conduct necessary to make any such liability nondischargeable under section 523(a)(6) or whether defendant made, and plaintiff justifiably relied to his detriment, on any knowingly false representations made with the intention to deceive as required to make such liability nondischargeable under section 523(a)(2)(A).
Grant motion. Give defendant a period of 30 additional days to notice a deposition of Mr. Fiorelli.
Debtor(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
Defendant(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
2:00 PM
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Joint Debtor(s):
DANNIELLE ROUNTREE Represented By
Michael D Kwasigroch
Movant(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#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Danielle Rountree
fr. 5-8-18, 6-5-18, 9-11-18, 12-4-18, 3-5-19
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
2:00 PM
approximately same time frame.
12/11/18 -- Court issued order imposing sanctions of $150 on defendant's counsel for failing to review local rules and therefore being unaware that obligation to cause a joint status report to be filed is a joint obligatoin and making no effort to contact plaintiff's counsel in a timely manner to prepare or discuss preparation of joint status report. Court extended discovery cutoff to February 28, 2019 and set deadline for filing pretrial motions of January 15, 2019. (Any such motions should be set for hearing not later than March 5, 2019.) Court waived requirement of joint status report for March 5 status conference only.
Tentative Ruling for March 5, 2019:
No pretrial motions have been filed and scheduled for March 5. Have parties now completed discovery? If so, set date for pretrial conference and deadline for lodging joint pretrial order. Is this an appropriate matter to be sent to mediaton? If not, why not? Hearing required.
Final Ruling for March 5, 2019:
Continue status conference to April 9, 2019 at 2:00 p.m. Defendant will file and serve by March 11, 2019 motion to extend discovery cutoff to permit defendant to depose Mr. Fiorelli and set motion for hearing on April 9, 2019 at 2:00 p.m. Motion should include discussion of why this motion was brought so long after expiration of discovery cutoff.
Tentative Ruling for April 9, 2019:
Revisit status of action after conclusion of hearing on motion to extend discovery cutoff.
Debtor(s):
RYAN ROUNTREE Represented By
Michael D Kwasigroch
2:00 PM
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#: 2:18-01369 United States Trustee (LA) v. Park
Docket 16
NONE LISTED -
Plaintiff has established that defendant failed to provide documents and failed to appear for multiple examinations, but there is no evidence that he actually had assets that he concealed or was attempting to conceal. He did not conceal his 100 percent ownership of Onebada. That was disclosed in the schedules. Therefore, deny motion for default judgment under section 727(a) (2).
However, since he failed to produce any of the requested records, it is appropriate for the Court to conclude that he failed to maintain any such records. Grant motion insofar as it requests default judgment under section 727(a)(3). Further, defendant has failed to adequately explain the loss of assets reflected on his original schedules as compared with his amended schedules or the deficiency of his assets to meet his liabilities, as he has failed to appear to explain any of the questions that his trustee has sought to ask with regard to his schedules and statements. Therefore, grant motion insofar as it requests default judgment under section 727(a)(5).
Debtor(s):
Young Keun Park Pro Se
Defendant(s):
Young Keun Park Pro Se
2:00 PM
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
United States Trustee (LA) Pro Se
Plaintiff(s):
United States Trustee (LA) Represented By Kenneth G Lau
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
Andy Kong
2:00 PM
Adv#: 2:18-01369 United States Trustee (LA) v. Park
Complaint by United States Trustee (LA) against Young Keun Park fr. 1-8-19, 1-29-19
Docket 1
NONE LISTED -
Continue hearing to January 29, 2019 at 2:00 p.m. to coincide with anticipated hearing on motion for default judgment. OFF CALENDAR FOR JANUARY 8, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for January 29, 2019:
Where is the motion for default judgment that plaintiff anticipated would be set for hearing today? Was motion ever filed? If not, why not? Hearing required.
Tentative Ruling for April 9, 2019:
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):
Young Keun Park Pro Se
Defendant(s):
Young Keun Park Pro Se
2:00 PM
Plaintiff(s):
United States Trustee (LA) Represented By Kenneth G Lau
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
Andy Kong
2:00 PM
Adv#: 2:18-01326 Baumann et al v. Puentes et al
Docket 24
NONE LISTED -
Defendant's argument that this Court lacks subject matter jurisdiction over plaintiff's claims against nondebtors is misguided. Bankruptcy courts may exercise supplemental jurisdiction over claims pursuant to 28 U.S.C. section 1367 to the same extent as other federal courts, and plaintiff's claims against movants arise out of a common nucleus of operative fact as the claims against the debtor which fall within the court's core jurisdiction. See Goldin v. Mont. (In re Pegasus Gold Corp.), 275 B.R. 902 (9th Cir. 2002).
However, there is a different problem. This is a no asset chapter 7 bankruptcy case, so there is no point in having a claim allowed against the bankruptcy estate (and the procedure for doing that would have been for plaintiffs to simply file a proof of claim and wait to see whether anyone would object to the allowance of their claim). The deadline for filing an objection to the debtor's discharge or a complaint seeking to have the plaintiffs claim excepted from discharge was November 5, 2019. This action was filed on October 18, 2018 and asserts claims based on fraud, among other things.
Therefore, it is possible that this complaint can be construed as sufficient to qualify as a timely complaint under one or more subparts of section 523, but there is no mention of section 523 in the complaint. Unless the complaint is amended to state a claim under section 523, there is no point in this court exercising jurisdiction over any of the defendants in this action (including the debtor) as any liability that the debtor may have had will have been discharged. (And there won't be any supplemental jurisdiction since there will be no action with which the claims against movants will be inextricably intertwined.)
2:00 PM
Therefore, set a deadline for plaintiffs to file an amended complaint that states claims against the defendant under section 523. (Court leaves unresolved at this juncture whether such a claim will relate back to the filing of the original complaint and therefore be timely. Court has not researched this issue.) As it appears that plaintiffs allege that the movants conspired with the debtor in engaging in the actions that will form the basis of the complaint, plaintiffs may be able to plead claims against movants over which the court will have supplmental jurisdiction under section 1367.
Debtor(s):
Jose Jesus Puentes Represented By
Raj T Wadhwani
Defendant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Miguel Gutierrez Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
VIP Real Estate Firm Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
Does 1- 10 Pro Se
Movant(s):
Miguel Gutierrez Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
VIP Real Estate Firm Represented By
2:00 PM
Jessica Rosen Rinat B Klier-Erlich June E Poyourow
Plaintiff(s):
Chris Baumann Represented By Matthew Corsaut
Durga Baumann Represented By Matthew Corsaut
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01326 Baumann et al v. Puentes et al
Miguel Gutierrez , VIP Real Estate Firm , Does 1- 10 fr. 1-8-19, 3-12-19
Docket 1
12/28/18 - Request that Clerk issue another summons and notice of status conference filed. However, the summons has not been issued yet as the status conference is less than 2 weeks away. Once the new status conference date has been established the Clerk will issue another summons accordingly.
1/9/19 - Another Summons issued.
The Court will not serve a summons and complaint on any of the defendants. Once the plaintiff receives the additional/replacement/alias summons, it is the obligation of the plaintiff to serve the summons before it becomes stale.
Has an alias summons been issued? Has it been served on all remaining defendants? The parties who completed the status report both indicated that they would like this matter sent to mediation. Discuss timing of mediation with the parties.
2/11/19 -- Court granted ex parte application extending deadline for defendants Guttierez and VIP Real Estate to respond to complaint to March 8, 2019 (rather than March 11, 2019). (Order to this effect approved
February 27, 2019.)
Tentative Ruling for March 12, 2019:
2:00 PM
Have defendants now filed answers to complaint? Parties both requested mediation. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Final Ruling for March 12, 2019:
Impose sanctions on counsel for plaintiffs of $150 for failing to attend status conference. Continue status conference to April 9, 2019.
Tentative Ruling for April 9, 2019:
Set deadline for filing of amended complaint and filing of response to amended complaint. Continue status conference approximately 90 days.
Debtor(s):
Jose Jesus Puentes Represented By
Raj T Wadhwani
Defendant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Miguel Gutierrez Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
VIP Real Estate Firm Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
Does 1- 10 Pro Se
2:00 PM
Plaintiff(s):
Chris Baumann Represented By Matthew Corsaut
Durga Baumann Represented By Matthew Corsaut
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01424 Olmo et al v. Wiltsey
Docket 29
NONE LISTED -
Grant in part. Make finding that Frontline's state court judgment against debtor is nondischargeable under Bankruptcy Code section 523(a)(2)(A) and that Olmo's state court judgment against debtor is nondischargeable under section 523(a)(2)(A). Deny request for finding that Frontline's judgment is nondischargeable under section 523(a)(4). Judgment for breach of fiduciary duty of corporate officer under state law is not sufficient to give rise to nondischargeable liability under section 523(a)(4). See Cal-Micro, Inc. v.
Cantrell (In re Cantrell), 329 F.3d 1119 (9th Cir. 2003).
Debtor(s):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Keith Olmo Represented By
Carl Mueller
Frontline Capital, Inc. Represented By Carl Mueller
Plaintiff(s):
Frontline Capital, Inc. Represented By Carl Mueller
2:00 PM
Keith Olmo Represented By
Carl Mueller
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Adv#: 2:18-01424 Olmo et al v. Wiltsey
fr. 2-5-19, 4-2-19
Docket 1
NONE LISTED -
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):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Plaintiff(s):
Keith Olmo Represented By
Carl Mueller
Frontline Capital, Inc. Represented By Carl Mueller
Trustee(s):
Sam S Leslie (TR) Represented By
2:00 PM
Lynda T Bui Rika Kido
2:00 PM
Adv#: 2:19-01041 FSP-SOUTH FLOWER ASSOCIATES, LLC v. Wiltsey
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):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Plaintiff(s):
FSP-SOUTH FLOWER Represented By
R Gibson Pagter Jr.
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Adv#: 2:18-01110 Arroyo Vision Care, LLC v. PA Investment Fund, LLC et al
Docket 52
NONE LISTED -
The exhibits to the complaint are missing. Other than that, the amended complaint adequately states claims. (Court will not rehash all of the same arguments dealt with in connection with original complaint.) Give plaintiff an opportunity to supplement the complaint with the missing exhibits and set deadline for defendant to file an answer to the complaint.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
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
2:00 PM
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, 12-4-18, 2-26-19
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.
12/11/18 -- Court entered order granting motion to dismiss with regard to breach of contract and fraud claims with leave to amend and denying balance of motion. Amended complaint will be due January 8, 2019. Responses will be due January 29, 2019. Continued status conference will be February 26,
2:00 PM
2019 at 2:00 p.m.
Tentative Ruling for February 26, 2019:
Continue status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with motion to dismiss second amended complaint. Parties have both requested that matter be sent to mediation. If parties would like to participate in mediation prior to date of continued status conference, they should lodge an order appointing a mediator and an alternate mediator.
APPEARANCES WAIVED ON FEBRUARY 26, 2019.
Tentative Ruling for April 9, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
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
2:00 PM
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, 11-6-18, 12-4-18, 2-26-19
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 effective in the near future.
Final Ruling for December 4, 2018:
Court entered order dated December 11, 2019, continuing case status conference to February 26, 2019 at 2:00 p.m and providing that, if trustee does not receive from reorganized debtor sufficient funds to enable trustee to make all payments then due under confirmed plan by 4:00 p.m. on February 19, 2019, the trustee must declare a default under the plan and invoke the plan provisions that apply in the event of a default. Court directed trustee to file and serve an updated status report not later than February 19, 2019.
Tentative Ruling for February 26, 2019:
Has the trustee declared a default under the plan? If not, why not and when will the trustee declare a default under the plan? When will the trustee employ a broker to market the property? Hearing required.
2:00 PM
Final Ruling from February 26, 2019:
Continue case status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with status conference in adversary proceeding to recover alleged overpayment. Trustee should file updated status report not later than March 29, 2019. (Trustee has discovered that debtor took out another loan secured by the property for $500,000.)
Tentative Ruling for April 9, 2019:
Reorganized debtor paid the trustee $175,000, which the trustee believes is sufficient to consummate the plan. When does the trustee anticipate that she will be in a position to make the required plan disbursements?
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 13
NONE LISTED -
Dismiss case.
Debtor(s):
Heather Christine Aitken Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 10
NONE LISTED -
Debtor has now filed new certificate that shows counseling was taken within 6 months before bankruptcy. Vacate OSC. No appearance required. Court will prepare order.
Debtor(s):
Stanislav Alymbayev Represented By Elena Steers
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 223
NONE LISTED -
Grant motion to withdraw. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By Andrew Goodman
Shawn M Christianson
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 303
NONE LISTED -
Grant motion. Approve compromise. Waive appearances. Authorize movant to upload order consistent with tentative ruling.
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
Approving overbid procedure
Approving payment of commissions
Finding purchaser is a good faith purchaser
and waiving stay under rule 6004(h)
Docket 29
NONE LISTED -
Grant motion. Approve sale to highest bidder.
Debtor(s):
Alberto C. Garcia Represented By Frank X Ruggier
Joint Debtor(s):
Nichole L. Garcia Represented By Frank X Ruggier
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
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 And Break-Up Fee
Waiving The Fourteen-Day Stay Period Set Forth In Bankruptcy Rule 6004(h)
Docket 79
4/8/19 - Kelly Raftery, (61955-1555, has been approved for telephonic appearance on 4/10/19 @ 10am
If the bank's figure as to the amount required to pay off its loan is correct, unless there is lively overbidding, after deduction for the costs of sale and the real estate broker's commission, there may not be enough to pay the bank's lien in full. The property has been extensively marketed and there is no reason to believe that the debtors have intentionally accepted an offer less than the property's value.
Court agrees with debtors that the appropriate procedure, regardless of the sale price of the property, is that the undisputed portion of the amounts due lender should be paid out of escrow and that the bank's lien should attach to any remaining proceeds, with the same validity and priority that its lien had as against the property. Remaining proceeds would be held in trust until the parties agreed to a distribution figure or the court entered an order resolving any disputes. Court will not simply require debtors to accept lender's figure.
10:00 AM
Is lender saying that it doesn't want this sale to proceed? Does lender really think that the debtor would be able to locate a purchaser willing to pay more at this point?
Hearing required.
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 37
NONE LISTED -
Deny motion as moot (or permit movant to withdraw motion), as case has already been dismissed.
Debtor(s):
Rebecca Primicias Prudencio Represented By William E Krall
10:00 AM
Docket 1
NONE LISTED -
OFF CALENDAR. CASE HAS ALREADY BEEN DISMISSED.
Debtor(s):
Rebecca Primicias Prudencio Represented By William E Krall
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, 12-12-18
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:
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.
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
11:00 AM
October payments to unsecured creditors? Is debtor now current on payments under the plan?
Tentative Ruling for April 9, 2019:
Has debtor now made any of the March payments due secured creditors or the February and March payments due unsecureds? When are the April payments due? What is the status of debtor's efforts to clarify amounts due Wells Fargo?
Hearing required.
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
11:00 AM
Docket 1
4/5/19 - Zi C. Lin, (626)577-9500, has been approved for telephonic appearance on 4/10/19 @ 11am
Tentative Ruling for January 10, 2019:
Discuss with trustee why he believes that keeping this case in chapter 11 makes more sense than converting the case to chapter 7. When does trustee think he will have all of the appropriate insurance coverages in place? Continue status conference for approximately 90 days.
Final Ruling for January 10, 2019:
Continue hearing to April 10, 2019 at 11:00 a.m. Trustee should file updated status report by April 1, 2019.
Tentative Ruling for April 10, 2019:
Court has reviewed the trustee's updated status report. Set continued status conference for July 17, 2019 at 11:00 a.m. Trustee should file updated status report by July 8, 2019. Waive appearances on April 10, 2019.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
2:00 PM
Docket 108
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
Trustee(s):
Diane C Weil (TR) Pro Se
2:00 PM
Docket 106
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Thomas John Bishop Represented By Michael R Totaro
Trustee(s):
Wesley H Avery (TR) Represented By Charles Shamash Joseph E. Caceres
2:00 PM
Docket 70
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Gary Meek Represented By
Jeremy Faith
Trustee(s):
Richard K Diamond (TR) Represented By Elissa Miller Steven Werth
2:00 PM
Docket 286
4/8/19 - Chad Haes, (949)333-7777, has been approved for telephonic appearance on 4/10/19 @ 2pm
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Frank Dan Sigala Represented By William Radcliffe
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
Richard A Marshack
2:00 PM
Docket 146
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Steven S Yang Represented By Joon M Khang
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
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):
Rosa Elizabeth Andrade Represented By
Raj T Wadhwani
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
[Fees requested: $38335.00, Expenses: $2036.49]
Docket 163
NONE LISTED -
Applicant argues that it was not inappropriate to utilize the services of Mr. Merrit because there are plenty of roles essential to the administration of the estate that have nothing to do with the practice of law. If this is the case and the basis for which applicant seeks compensation for services rendered by Mr. Merrit, court agrees that it is more appropriate to allow compensation for these services at the firm's paralegal rate than at the rate it charges for attorneys. Accordingly, reduce fees requested by $4,060 to adjust hourly rate accordingly.
Prior approval of fees was on an interim basis. US Trustee cannot/should not be estopped from contesting fees allowed in response to prior application as that allowance was an interim allowance only, which means, by definition, that objections can be raised for the first time in response to the final fee application. Court agrees with US Trustee that it is inappropriate for the applicant to lump time spent over a period of days into a single time entry or to include multiple tasks in a single time entry. Therefore, descriptions, even if they refer to a single task, that relate to a period of days must either be disallowed or supplemented, and tasks that relate to services performed on a single day that include multiple tasks in a single description must either be disallowed or supplemented.
US Trustee identifies time entries that fall into this category that total 28 hours, or $10,975 in services. Either disallow this additioinal amount or, if applicant prefers, continue hearing to give applicant an opportunity to file a supplemental declaration in which these entries are divided into services rendered in each category each day.
2:00 PM
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
2:00 PM
fr. 3-14-18, 5-16-18, 5-30-18, 8-1-18, 10-24-18, 12-12-18, 1-16-19, 2-27-19
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.
Tentative Ruling for January 16, 2019:
2:00 PM
Revisit status of motion after conclusion of related matters on calendar.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Tentative Ruling for April 10, 2019:
Revisit status of motion after conclusion of related matters on calendar.
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 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, 12-12-18, 1-16-19, 2-27-19
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
2:00 PM
Tentative Ruling for April 10, 2019:
See tentative ruling for matter no. 209.
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, 10-24-18, 12-12-18, 1-16-19, 2-27-19
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.
Final Ruling for December 12, 2018:
Continue all hearings to January 16, 2019 at 2:00 p.m. Debtor will pay
2:00 PM
$3,500 to lender, delivered to counsel, by 3:00 p.m. on Friday, December 14, 2019. If debtor does not pay this amount, counsel for lender may file a declaration and court will grant motion to convert. Debtor should file updated status report by January 14, 2019 containing evidence and argument as to appropriate amount of adequate protection payment to pay each month. (Regular payment under loan is approximately $6,900; plan contemplates monthly payment of $8,000.)
Tentative Ruling for January 16, 2019:
Debtor reports that, in family law mediation on November 9, 2019, debtor and husband agreed to temporary support at the rate of $8,000. Debtor anticipates generating an additional $2,500 per month by renting out the property located at 530 South Bentley, commencing in July. Debtor also receives approximately $4,133 per month (paid quarterly) from a partial real estate interest that she inherited post-petition from her father. Debtor reports having made the first $3,500 payment and has a bankruptcy mediation scheduled for January 18, 2019.
Require debtor to make a second adequate protection payment, this one for
$4,500 and continue hearings another 30 days to give the parties an opportunity to participate in bankruptcy mediation.
Final Ruling for January 16, 2019:
Continue hearing to February 27, 2019 at 2:00 p.m. Debtor must pay $4,500 to lender by 4 pm on Friday, January 18, 2019 and $4,500 to lender by February 15, 2019 as adequate protection. If there is a further stipulation to continue, court will condition continuance on continuing payments.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Tentative Ruling for April 10, 2019:
Debtor's declaration states that she has made the court ordered adequate protection payments of $3,500/month to Union Bank starting on December
2:00 PM
13, 2018, but this is not what the court ordered.
The court ordered a $3,500 payment by December 14, 2018 and payments of
$4,500 per month by January 18, 2019 and February 15, 2019. Did the debtor make payments in these increased amounts?
What, if any, additional progress has been made toward a compromise with Union Bank? Discuss with debtor whether plan can be confirmed without the consent of Mark DeVitre. Increase required monthly adequate protection payments to $5,000 per month.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By 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,
12-12-18, 1-16-19, 2-27-19
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?
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.
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.
2:00 PM
Tentative Ruling for August 1, 2018:
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Tentative Ruling for April 10, 2019:
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
MOVANT: YAMAHA MOTOR FINANCE CORP .
Docket 8
4/10/19 - Karel Rocha, (714)547-2444, has been approved for telephonic appearance on 4/16/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Richard Alan Elkin Represented By David H Chung
Joint Debtor(s):
Amanda Pino Elkin Represented By David H Chung
Movant(s):
Yamaha Motor Finance Corp. Represented By Karel G Rocha
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: BEACH FRONT PROPERTY MANAGEMENT, INC.
Docket 10
NONE LISTED -
Continue hearing to permit movant to file amended motion. Page 8 is missing.
Debtor(s):
Tara Miller Pro Se
Movant(s):
Beach Front Property Management, Represented By
Eileen M Kendall
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Authorizing Use Of Cash Collateral On An Interim Basis
Granting Replacement Liens
Scheduling A Final Hearing On Permanent Use Of Cash Collatera
After Hearing, Authorizing Permanent Use Of Cash Collateral
Docket 11
- NONE LISTED -
The court has a number of questions and concerns:
Presumably, the lenders have liens on assets other than cash, including accounts receivable and inventory. Court cannot tell from cash flow projections attached what the balances/values of these items were as of the petition date or how they will be affected as the debtor continues to operate. The court cannot determine whether secured creditors will be adequately protected if debtor continues to operate without being able to see the entire picture. Will the debtor be generating new business sufficient to replace any receivables and inventory being liquidated, or will the debtor just be turning its existing assets into cash, spending that cash and leaving the secured creditors without any collateral or with a reduced amount of collateral?
The projections show revenue of $135,000 in April from under "other income/AMEX." What is this?
The projections reflect large increases in revenue each month. On what does the debtor base the assumption that its revenues will increase by this magnitude each month?
10:00 AM
What expenses are included in the $58,946 of "miscellaneous expenses"?
How good has the debtor historically been at projecting its revenues?
There are a large number of judgment creditors who may have liens against the debtor's personal property. What does the debtor's aged accounts payable look like? How long has it been since this debtor was generally paying its debts (other than rent) as they became due?
There are a number of secured creditors for which Exhibit 2 shows that the amount of the debt is "unknown." Why is this the case? How reliable are the debtor's books and records?
In addition to the secured creditors shown on Exhibit 2 for which the amount of the debt is unknown, there are other creditors, including Sally Sirkin Lewis herself, for which the estimated claim amount has simply been left blank. What is the difference between "unknown" and blank on this chart?
The debtor represents that the liquidation value of its assets is only approximatley $300,000 and that creditors are unlikely to recover any significant percentage of their claims unless the debtor can reorganize, but how likely is it that the debtor actually will be able to reorganize? Might creditors be better off simply liquidating whatever there is to liquidate rather than permitting the debtor to liquidate its assets and expend the proceeds generated thereby on fruitless efforts to turn this business around? The debtor represents that, during the third and fourth quarters of 2018, there was a significant downturn in activity in the home interior furnishings industry. How has the first quarter of 2019 been going? Is the downturn continuing or abating? When did the debtor first realize that it was time for it to accomplish a "business pivot" and how long has the debtor been working on trying to accomplish this pivot? And how long will it take the debtor to complete its pivot?
Hearing required.
10:00 AM
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
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, 9-27-18, 10-9-18, 1-15-19
Docket 1
4/12/19 - Robert Altagen, (323)268-9588, has been approved for telephonic appearance on 4/16/19 @ 2pm
9/25/18 -- Court approved stipulation continuing hearing to October 9, 2018 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2018.
Tentative Ruling for October 9, 2018:
Revisit status of action after conclusion of hearing on motion for summary judgment.
1/9/19 -- Court approved stipulation continuing discovery cutoff to April 30, 2019 and continuing status conference to April 16, 2019 at 2 pm. OFF
CALENDAR FOR JANUARY 15, 2019.
Tentative Ruling for April 16, 2019:
Are the parties on track to complete their discovery by April 30, 2019? Where is the joint status report that should have been filed two weeks before the status conference?
Set deadline for filing any additional pretrial motions, and set date for pretrial conference. Discuss with the parties whether it would be appropriate to send
2:00 PM
this matter to mediation.
4/15/19 -- Court approved stipulation continuing status conference to May 28, 2019. NO APPEARANCE REQUIRED.
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 O'Dea
Rika Kido
2:00 PM
Adv#: 2:18-01311 Ehrenberg v. Ramsey
fr. 12-4-18, 1-8-19
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.
Tentative Ruling for January 8, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
1/14/19 -- Court signed scheduling order setting following dates: Cont'd status conference -- April 16, 2019 at 2
L/D to file joint status report -- April 2, 2019
L/D to lodge order appointing mediators -- January 31, 2019 L/D to complete mediation -- April 16, 2019
1/30/19 -- Court approved order appointing mediators.
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ACTION DISMISSED. OFF CALENDAR.
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#: 2:18-01370 Kim v. Kim et al
Complaint by Elan Kim against Won Il Kim, Yohan Lee, Jake Y Jung fr. 1-15-19
Docket 1
4/8/19 - Stella Havkin, (818)999-1568, x 1 has been approved for telephonic appearance on 4/16/19 @ 2pm
Continue status conference for approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
1/17/19 -- Court approved scheduling order setting following dates: L/D to lodge order appointing mediators -- February 11, 2019
L/D to complete mediation -- February 16, 2019 L/D to file joint status report -- April 2, 2019
Cont'd status conference -- April 16, 2019 at 2:00 p.m. 2/12/19 -- Court approved order appointing mediators.
Tentative Ruling for April 16, 2019:
Parties report that they agreed on a settlement amount at mediation but that they are working on the settlement agreement. Is this just an exercise in memorializing what was agreed to at the mediation or are there open issues concerning the material terms of the agreement? How long do the parties anticipate that it will take them to complete this drafting process? Hearing required.
2:00 PM
Debtor(s):
Elan Kim Represented By
Dale J Park
Defendant(s):
Won Il Kim Represented By
Jack G Cairl
Yohan Lee Represented By
Stella A Havkin
Jake Y Jung Represented By
Stella A Havkin
Plaintiff(s):
Elan Kim Represented By
Dale J Park Dale J Park
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01376 NATIONAL FUNIDNG, INC., a California v. Donohue
fr. 1-15-19
Docket 1
- NONE LISTED -
Where is joint status report that should have been filed two weeks before the status conference? How long do the parties anticipate it will take to complete discovery? Is this an appropriate matter to be sent to an early mediation?
Does either party currently contemplate any pretrial motions? Hearing required.
1/18/2019 -- Court approved scheduling order setting following dates: Cont'd status conference -- April 16, 2019 at 2:00 p.m.
L/D to file joint status report -- April 2, 2019 L/D to conduct discovery -- April 30, 2019
Tentative Ruling for April 16, 2019:
Set discovery cutoff for late August, 2019. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
2:00 PM
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Plaintiff(s):
NATIONAL FUNIDNG, INC., a Represented By
Jennifer Eileen Duty
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01049 Gottlieb v. Granucci
Docket 1
- NONE LISTED -
Set deadline for defendant to file the motion referenced in joint status report. Continue status conference to same date and time as hearing on motion.
Debtor(s):
Anna M Granucci Represented By Larry D Simons
Defendant(s):
Anna M Granucci Represented By Richard P Ross
Plaintiff(s):
Abraham Gottlieb Represented By John Burgee
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01291 Avery v. Jimenez et al
fr. 1-8-19, 3-5-19
Docket 11
- NONE LISTED -
Tentative Ruling for January 8, 2019:
Court is satisfied that it has jurisdiction. Court is also satisfied that it is appropriate for it to consider matters of which it can take judicial notice in a motion to dismiss. The date on which a recorded transfer was made is a matter of which the Court is comfortable taking judicial notice. Moreover, the date of the transfer should have been included in the complaint. Plaintiff cannot defeat a motion toi dismiss simply by omitting an undisputed fact of which the court can take judicial notice.
Court agrees with defendant that there is no independent cause of action for a constructive trust. There needs to be a viable, nonbarred theory under which a constructive trust should be imposed, and it cannot be used to circumvent the state law statute of repose that prohibits an action with respect to a fraudulent transfer after 7 years.
However, can the trustee assert any right to recovery under the "continuing tort doctrine?" See, e.g., Myers v. Malone (In re Malone), 2013 Bankr. LEXIS 5010 (Bankr. D. Neb. 2013) (relying on Roemmich v. Eagle Eye Dev., LLC, 526 F.3d 343 (9thCir. 2008) and Limestone Dev. Corp. v. Village of Lemont, 520 F.3d 797 (7th Cir. 2008)).
Continue hearing to give trustee an opportunity to analyze and brief whether
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he can assert any claim not barred by the statute of limitations under the continuing tort doctrine (or, stated differently, if there are any transfers to or for the benefit of the defendants that occurred within the statutory reachback period).
Tentative Ruling for March 5, 2019:
Grant motion to dismiss. The continuing fraud that the trustee describes -- continuing to represent that the she owns the property to secure credit at more favorable terms is a different fraud -- one that the trustee lacks standing to prosecute. The trustee's action is barred by the applicable statute of limitations.
Final Ruling for March 5, 2019:
Continue hearing to April 16, 2019 at 2:00 p.m. Trustee should serve and file supplemental brief under section 544 not later than March 19, 2019.
Oppositions will be due by April 2, 2019. Replies must be filed and served by April 9, 2019.
Tentative Ruling for April 16, 2019:
Grant with leave to amend. Court has carefully reviewed the applicable authorities and is persuaded that the latest theory the trustee has advanced is viable and not barred by the applicable statute of limitations.
The statutes and caselaw are clear that an asset in which the debtor owns the beneficial interest is an asset of the estate and that the mere fact that bare legal title may be held by someone else does not stop the asset from being an asset of the estate. Although In re Swenson, 381 B.R. 272 (Bankr. E.D. Cal. 2008) arose in the context of an action under sections 727(a)(2) and (a) (4), the reasoning of the case is illustrative.
In Swenson, although an asset had been transferred away more than a year prior to the bankruptcy (and therefore the transfer itself was not actionable under section 727(a)(2)), the bankruptcy court nevertheless held that the debtor's discharge should be barred under this section because the debtor
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had concealed assets of the estate within the year prior to the bankruptcy. Similarly, the court found that it was appropriate to bar the debtor's discharge under section 727(a)(4) because the debtor had failed to disclose an asset of the estate (namely, the same property held in the name of the non-debtor) on the schedule of real property. The question was not whether the transfer itself was avoidable; the issue was whether, notwithstanding the transfer, the property remained an asset of the estate because the debtor retained the indicia of ownership. The task at hand is to determine who the beneficial owner of the property actually is. If the trustee can establish that the debtors retained most or all of the indicia of ownership -- remained in the property, paid the mortgage, paid the taxes, paid maintenance expenses, held themselves out to third parties as the owners of the property -- etc., the court may be able to find based on all of the facts and circumstances that, notwithstanding the transfer of bare legal title, the debtors retained beneficial ownership of the property and that the asset remains an asset of their bankruptcy estate.
The concept of a resulting trust is a remedy that can be used, as necessary, to cause legal title to be returned to the beneficial owner. A resulting trust may be used when the circumstances surrounding the transfer reflect that the transferee was not intended to take the beneficial interest. A resulting trust has been termed an "intention enforcing" trust because it applies where the circumstances support the inference that the parties to the transaction did not intend for the transferee to have the beneficial interest. The statute of limitations on the right to assert such a remedy does not start to arise until the transferee repudiates the arrangement -- either because the transferee starts claiming to be the beneficial owner or refuses to transfer the title to the beneficial owner after having been asked to do so. See generally Martin v.
Kehl, 145 Cal. App. 3d 228 (1983); Goesch v. Hennigan, 2012 WL 5359290 (Cal. App. October 31, 2012) (plaintiff could assert right to recover property under resulting trust theory even though statute of frauds had run on fraud claim because applicable statute of limitations did not begin to run until party holding legal title repudiates the obligation to return the property or otherwise indicates that she is holding the property adversely to the plaintiff in violation of her duty). That did not happen here because the transferees are continuing to cooperate with the debtors in an effort to keep the asset away from the debtors' creditors. Debtors have never asked that the property be
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reconveyed and the transferees have therefore not refused. (However, it could certainly be argued that the trustee, standing in the debtor's shoes, has exercised the right to request a return of the property by bringing this action and, therefore, that the statute of limitations on the resulting trust remedy began to run when this action was filed, but it is a four-year statute of limitations, Goesch, supra, so it is not too late for the trustee to advance this theory.)
This is not a bankruptcy theory of recovery. Even outside the context of a bankruptcy, creditors are entitled to attempt collection of their claims as against a debtor's beneficial interest in something -- using the remedy of a resulting trust. So, for example, in Fidelity Nat'l Title Ins. Co. v. Schroeder, 179 Cal. App. 4th 834 (2009), even though the creditor could not avoid a transfer made by its judgment debtor under the Uniform Fraudulent Transfer Act (due to the fact that the debtor had asserted a homestead exemption with regard to the equity in the property), the California Court of Appeals held that the judgment creditor should be given an opportunity to prove that the transferee held only bare legal title to the property and not the beneficial interest. If the judgment creditor could make the requisite showing, the appellate court held that the judgment creditor's judgment lien would attach to the debtor's beneficial interest in the property. The fact that the same result could not be achieved under the UFTA was not an impediment to the judgment creditor's recovery.
The same is true here. The trustee should be given an opportunity to prove that, based on the facts and circumstances of this case, it was never the intention of the parties for the transferee to hold beneficial title to the property -- that it was always the parties' intention for the debtors to remain the beneficial owners of the property. If this can be established, the court
may impose a resulting trust on the property and direct that title be transferred to the beneficial owners so that the trustee may administer the asset for the benefit of the estate.
Grant motion with leave to amend to permit the trustee to plead the facts necessary to establish that, notwithstanding the transfer, the debtors remained the beneficial owners of the property and, therefore, that the transferees are obliged to turn the property over to the trustee as it is property of the estate.
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Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
Joint Debtor(s):
Sully Mariela Jimenez Represented By
Michael H Colmenares
Movant(s):
Armando Jimenez Represented By David Jacob
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#: 2:18-01291 Avery v. Jimenez et al
fr. 11-27-18, 1-8-19, 3-5-19
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
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#: 2:18-01023 Cunjak v. Garcia
Docket 54
- NONE LISTED -
Deny. There are disputed issues of material fact as to each claim for relief in the complaint.
With regard to the first claim for relief (727(a)(2)), these issues include:
when did the debtor actually sell his 2004 Nissan?
what is the true value of the 1955 Truck?
why did the debtor fail to disclose the transfers to his father (as either payments or gifts) on either SOFA?
how much did the debtor earn during the prepetition portion of 2017?
were any omissions or misstatements in the debtor's schedules made with the intention to hinder, delay or defraud a creditor or an officer of the estate?
With respect to the claim under section 727(a)(3):
Are there documents that the debtor failed to provide concerning the value of his truck?
Are there documents that the debtor failed to provide concerning transfers to his father?
Are there documents that the debtor failed to provide concerning his 2017 income?
If there were such documents, why weren't they provided to the trustee?
If there are no such documents, should there have been such documents and is the debtor's failure to maintain such documents justifiable under all the circumstances?
With regard to the claim under section 727(a)(4):
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Are any of the statements made in the schedules with regard to the value of debtor's 1955 truck, the date on which the 2004 Nissan was sold and the debtor's income for 2017 inaccurate?
Why don't the transfers to the debtor's father appear anywhere on the schedules?
Was any inaccuracy material?
Were any material inaccuracies made with the intent to knowingly and fraudulently make false oaths?
With respect to the claim under section 727(a)(5):
Was the information provided concerning the disposition of the debtor's 2004 Nissan inaccurate or incomplete?
In light of any such inaccuracy or incompleteness, did the debtor provide sufficient information to adequately explain the loss of assets or the deficiency of assets to meet his liability?
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#: 2:18-01023 Cunjak v. Garcia
Docket 56
- NONE LISTED -
Deny. There are disputed issues of material fact as to each claim for relief in the complaint.
With regard to the first claim for relief (727(a)(2)), these issues include:
when did the debtor actually sell his 2004 Nissan?
what is the true value of the 1955 Truck?
why did the debtor fail to disclose the transfers to his father (as either payments or gifts) on either SOFA?
how much did the debtor earn during the prepetition portion of 2017?
were any omissions or misstatements in the debtor's schedules made with the intention to hinder, delay or defraud a creditor or an officer of the estate?
With respect to the claim under section 727(a)(3):
Are there documents that the debtor failed to provide concerning the value of his truck?
Are there documents that the debtor failed to provide concerning transfers to his father?
Are there documents that the debtor failed to provide concerning his 2017 income?
If there were such documents, why weren't they provided to the trustee?
If there are no such documents, should there have been such documents and is the debtor's failure to maintain such documents justifiable under all the circumstances?
With regard to the claim under section 727(a)(4):
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Are any of the statements made in the schedules with regard to the value of debtor's 1955 truck, the date on which the 2004 Nissan was sold and the debtor's income for 2017 inaccurate?
Why don't the transfers to the debtor's father appear anywhere on the schedules?
Was any inaccuracy material?
Were any material inaccuracies made with the intent to knowingly and fraudulently make false oaths?
With respect to the claim under section 727(a)(5):
Was the information provided concerning the disposition of the debtor's 2004 Nissan inaccurate or incomplete?
In light of any such inaccuracy or incompleteness, did the debtor provide sufficient information to adequately explain the loss of assets or the deficiency of assets to meet his liability?
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
Docket 68
- NONE LISTED -
3/26/19 -- Court granted motion to continue hearing to April 16, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 2, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for April 16, 2019:
Deny. There are disputed issues of material fact as to each claim for relief in the complaint.
With regard to the first claim for relief (727(a)(2)), these issues include:
when did the debtor actually sell his 2004 Nissan?
what is the true value of the 1955 Truck?
why did the debtor fail to disclose the transfers to his father (as either payments or gifts) on either SOFA?
how much did the debtor earn during the prepetition portion of 2017?
were any omissions or misstatements in the debtor's schedules made with the intention to hinder, delay or defraud a creditor or an officer of the estate?
With respect to the claim under section 727(a)(3):
Are there documents that the debtor failed to provide concerning the value of his truck?
Are there documents that the debtor failed to provide concerning transfers to his father?
Are there documents that the debtor failed to provide concerning his 2017
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income?
If there were such documents, why weren't they provided to the trustee?
If there are no such documents, should there have been such documents and is the debtor's failure to maintain such documents justifiable under all the circumstances?
With regard to the claim under section 727(a)(4):
Are any of the statements made in the schedules with regard to the value of debtor's 1955 truck, the date on which the 2004 Nissan was sold and the debtor's income for 2017 inaccurate?
Why don't the transfers to the debtor's father appear anywhere on the schedules?
Was any inaccuracy material?
Were any material inaccuracies made with the intent to knowingly and fraudulently make false oaths?
With respect to the claim under section 727(a)(5):
Was the information provided concerning the disposition of the debtor's 2004 Nissan inaccurate or incomplete?
In light of any such inaccuracy or incompleteness, did the debtor provide sufficient information to adequately explain the loss of assets or the deficiency of assets to meet his liability?
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
2:00 PM
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01023 Cunjak v. Garcia
Complaint by Michael Cunjak against Joseph Michael Garcia fr. 4-3-18, 7-17-18, 0-2-18, 11-27-18, 2-26-19
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.
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Tentative Ruling for February 26, 2019:
Rule 68 offer, if it was an offer of money to plaintiff, is inappropriate here. The claim is a claim under section 727 only. Plaintiff cannot accept a monetary settlement from the defendant. Therefore, any Rule 68 offer of money to plaintiff will not have it's intended effect because plaintiff cannot accept it.
However, there is such a thing as a compromise of a 727 action. Plaintiff could agree, for example, to drop his objection to discharge in exchange for the defendant's delivering certain monies or returning certain assets to the estate for the benefit of creditors generally.
Has either party filed any pretrial motions? What motions have been or will be filed? Hearing required.
Tentative Ruling for April 16, 2019:
Revisit status of action after conclusion of related matters on calendar.
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
10:00 AM
Docket 8
NONE LISTED -
Vacate OSC as moot. Case has already been dismissed for failure to file schedules, etc. No appearance required. Court will prepare order.
Debtor(s):
Kokols USA Inc. Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 309
4/91/9 - Clifford Davidson, (503)243-1653, has been approved for telephonic appearance on 4/17/19 @ 10am
Overrule objection. Approve employment. This is not a case in which an attorney who formerly represented or was employed by SNS is now working for the firm that the trustee seeks to hire. Edmonson is not employed by SS and has never been employed by SS. To the extent that he disclosed information protected by the attorney client privilege to SS (which is disputed), this disclosure itself would have rendered the information no longer privileged. It was not an inadvertent disclosure by Edmonson. He does not believe that this information was confidential. An opposing party cannot create a basis to disqualify the attorney representing its opponent by giving that attorney confidential information. Although not necessarily required to do so, SS returned the information and has agreed not to use it. This is more protection than that to which SNS is entitled. If SNS has a problem with any disclosures made by Edmonson, they should raise that problem with Edmonson.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
10:00 AM
10:00 AM
Sale Agreement Of Real Estate Property [953 Schumacher Drive, Los Angeles, California 90048] Free And Clear Of Liens And Encumbrances Pursuant To 11 U.S.C. § 363,
Overbidding Process
Distribution Of Sale Proceeds
Docket 97
4/16/19 - Eric Encisco, (561)241-6901, has been approved for telephonic appearance on 4/17/19 @ 10am
The only opposition is a conditional nonopposition from the senior lienholder. It appears from the motion that it is the trustee's intention to pay the lien in full from the close of escrow. Therefore, in light of this, it appears that the lender does not oppose the sale.
Grant motion. Approve sale to highest bidder.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
11:00 AM
fr. 3-6-19
Docket 71
4/8/19 - R. Gibson Pagter, Jr. (714)541-6072 x 225, has been approved for telephonic appearance on 4/17/19 @ 11am
Tentative Ruling for March 6, 2019:
Court has not received a response from the debtor. Did he produce the required documents by February 20? Did he appear at the continued 341(a) meeting on March 5? Hearing required.
Final Ruling from March 6, 2019:
Debtor provided documents, but did so on the evening of the 4th, so that trustee had time for only a cursory review before the examination. Debtor did appear on March 5 and trustee was able to ask some questions. Examination was continued to March 28. Continue hearing to April 17, 2019 at 11:00 a.m.
Tentative Ruling for April 17, 2019:
According to declaration filed in connection with matter no. 101, the debtor apeared at the March 28 examination? Has trustee now concluded his examination?
Debtor(s):
Matthew Edward Wiltsey Pro Se
11:00 AM
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
11:00 AM
Turnover of Documents;
Debtor to Appear to the Section 341(a) Meeting of Creditors fr. 1-9-19, 2-6-19, 3-6-19
Docket 58
NONE LISTED -
Tentative Ruling for January 9, 2019:
If debtor wants to be in bankruptcy, he will need to appear for examinations and supply documents requested by the trustee. Grant motion. Court will use contempt powers if necessary to ensure compliance. Continue hearing to date after scheduled appearance/response to ensure that debtor complies with order.
Final Ruling for January 9, 2019:
341(a) meeting is scheduled for February 5, 2019. Court entered order granting motion insofar as it requested debtor to immediately turnover documents/information requested in motion and to appear at the continued 341(a) meeting on February 5, 2019. Court will conduct a continued hearing on February 6, 2019 at 11:00 a.m. to ensure compliance with the order.
Tentative Ruling for February 6, 2019:
Did debtor produce required documents and appear at 341(a) meeting on February 5, 2019? Hearing required.
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Tentative Ruling for March 6, 2019:
Revisit status of this motion after conclusion of hearing on matter no. 100.
Final Ruling for March 6, 2019:
Continue hearing to April 17, 2019 at 11:00 a.m. Trustee should serve and file declaration re attorneys' fees incurred in bringing motion not later than April 3, 2019. Any response to that fee request should be filed and served not later than April 12, 2019.
Tentative Ruling for April 16, 2019:
Trustee should not have been required to file a motion to compel (and the court should not have had to issue an OSC) in order to get the debtor to produce documents and appear for a an examination under section 341(a). Impose compensatory sanctions of $4,498 upon the debtor to compensate the estate for the additional costs and attorneys' fees incurred in bringing and attending hearings on this motion.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
11:00 AM
fr. 2-15-17, 8-30-17, 2-28-18, 6-13-18, 12-12-18
Docket 1
NONE LISTED -
Court has reviewed reorganized debtor's status report. Continue case status conference to August 28, 2019 at 11:00 a.m. Reorganized debtor should file updated status report accompanied by declaration not later than August 16, 2019. APPEARANCES WAIVED ON APRIL 17, 2019.
Debtor(s):
Hansen Freightlines Incorporated Represented By
David L. Neale Krikor J Meshefejian
11:00 AM
Docket 258
NONE LISTED -
This is essentially a plan support agreement. Court approval is not required and would be confusing if granted. Creditor will receive agreed upon treatment if and when a plan containing agreed upon treatment is confirmed and becomes effective. Debtor should incorporate agreement into any plan that it proposes.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
11:00 AM
fr. 3-20-19
Docket 199
NONE LISTED -
Tentative Ruling from March 20, 2019:
This is not a motion to dismiss the bankruptcy case and there is no evidence that the objection to claim was not filed in good faith. The proof of claim was filed months after the applicable bar date. Objecting to a proof of claim on the ground that it was late-filed on these facts is perfectly appropriate.
The state court action does not and cannot constitute an informal proof of claim. It was filed months before the bankruptcy case and was stayed by the bankruptcy filing.
Creditor claims that its failure to file a timely proof of claim constitutes excusable neglect in that, even though its state court lawyers received notice of the bar date in August of 2018, when the creditor hired bankruptcy counsel on October 2, 2018, who appeared in the case on October 4, 2018 (15 days before the bar date), new counsel did not find out about the bar date.
Declaration filed in support of opposition is hearsay lacking in personal knowledge as to the key issues here. Declarant is neither one of the attorneys of the prior law firm nor one of the lawyers for the new firm. She is not in a position to testify as to what the prior law firm knew or didn't know or what the prior law firm did or did not communicate to the new law firm. Her declaration provides no information whatsoever as to what either set of lawyers knew or understood and no information whatsoever as to why the
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attorneys did not file a proof of claim. Even the hearsay provided does not say that the creditor or its new firm were unaware of the bar date or why they were unaware of the bar date. It just says that the prior law firm did not advise the new firm or its client of the bar date.
Claimant has failed to carry its burden of proof to establish that its failure to file a proof of claim in a timely manner was due to excusable neglect.
Disallow claim as late-filed.
Final Ruling for March 20, 2019:
Continue hearing to April 17, 2019 at 11:00 a.m. Claimant may file and serve a supplemental declaration addressing the issues raised in the March 20 tentative not later than April 3, 2019. Debtor may file and serve a response not later than April 10, 2019.
Tentative Ruling for April 17, 2019:
Claimant did not file supplemental declaration. Sustain objection. Disallow claim as late filed. Claimant has not established that failure to file in a timely manner was due to excusable neglect.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
11:00 AM
fr. 2-27-19
Docket 181
NONE LISTED -
Tentative Ruling for February 27, 2019:
The proof of service on the notice of bar date reflects that the notice of bar date was properly addressed, in that the address shown on the proof of service is
Pizza 90, Inc. Ignacio J. Lazo Gabriel K. Coy
8871 Research Drive
Irvine, CA 92618.
Claimant concedes that this is the correct address, in that it lists the identical address as correct on p. 4 of the opposition in describing the amended schedules.
Deny claimant's motion to strike Hayes declaration. However, debtor is mistaken when it argues that the claim was scheduled or that it was scheduled as disputed. The claim referenced by the debtor is a different claim -- that of the plaintiff in the litigation -- JMS, c/o Stanley Kimmel in Granada Hills. The reference refers to the lawsuit in which Pizza 90 is a cross-claimant, but the claim amount and the holder of the claim are not that of Pizza 90.
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Court has no reason to conclude that staff working for counsel for debtor addressed the envelopes in which the bar date notices were sent in a manner that differed from the service addresses reflected on the proof of service; however, claimants dispute having received the notice of bar date and debtor has demonstrated that it has in the past been confused and believed that it had served Pizza 90 when in fact it had only served JMS. Moreover, proof of claim was only filed 12 days after the bar date.
Nevertheless, if the Court is going to allow a late-filed proof of claim, the burden of proof is on the claimant to establish that its failure to file the proof of claim in a timely manner constitutes excusable neglect. What is missing from the declarations is any discussion of when the creditor first learned about the bankruptcy case and any steps that the creditor took to keep itself apprised of the status of the case or to make sure that it received notices in the bankruptcy case and whether or not, under the applicable caselaw, movant's failure to file the proof of claim in a timely manner constitutes excusable neglect. Continue hearing to give creditor an opportunity to file one or more supplemental declarations and a supplemental memorandum on this issue.
Final Ruling for February 27, 2019:
Continue hearing to April 17, 2019 at 11:00 a.m. Claimant may file and serve supplemental declaration(s) and a supplemental memorandum addressing the points raised in the prior tentative ruling not later than March 27, 2019.
Any supplemental reply should be filed and served not later than April 10, 2019.
Tentative Ruling for April 17, 2019:
When did Ms. Hope advise Mr. Lazo that a Notice of Bar Date had been entered on August 29, 2018?
Mr. Lazo's declaration explains why he did not file a request for special notice -- he was afraid of being "overwhelmed" by papers in which he had no interest; however, knowing that he had not filed a request for special notice, he did not check the docket promptly upon his return from vacation to see
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whether anything had transpired in his absence that might affect his client's claim. Instead, he waited until the next status conference scheduled for November 7 to check the docket, at which time (the court assumes, although the declaration is somewhat vague on this point) Ms. Hope found the notice setting a bar date of October 19, 2018.
Mr. Lazo could have taken the deposition of the staff person responsible for mailing the notices of bar date, but chose not to do so. Claimant also declined the court's offer/suggestion that it file a memorandum of points and authorities in an effort to persuade the court that these facts add up to excusable neglect.
Court does not believe that claimant has sustained its burden of proof. Sustain objection. Disallow claim as late-filed.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
MOVANT: CENTER STREET LENDING FUND IV SPE, LLC. fr. 11-27-18, 12-12-18, 2-6-19, 2-27-19
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.
Tentative Ruling for April 17, 2019:
Revisit motion after conclusion of hearings on related matters on calendar.
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
fr. 2-27-19
Docket 141
NONE LISTED -
Court agrees with debtor that the mere fact that Center Street objects to confirmation of the debtor's plan does not make it unconfirmable. Whether or not the plan can be confirmed over Center Street's objections under section 1129(b) entails factual issues (such as the appropriate interest rate and loan term) and is a confirmation issue. The fact that the lender is a hard money lender who does not make 30 year loans and charges high interest rates is not relevant to this analysis.
Court agrees that nothing contained in Center Street's objections demonstrates that the plan violates the best interest of creditors rule. By definition, the court must find that the plan pays a fully secured creditor the present value of its claim, so the plan will not be confirmed over Center Street's objection unless the Court finds that it will receive payment in full at an appropriate interest rate, so the plan will satisfy the best interest of creditors test vis-a-vis Center Street or it won't be confirmed. Center Street is hardly in a position to raise the best interests of creditors test on behalf of unsecured creditors, but, even if it had standing to make this argument, its objection does not demonstrate this.
However, this all assumes that the debtor will prevail in her objection to claim and succeed in having the interest rate reduced below the 30 percent default interest rate that Center Street is claiming. The plan needs to be modified to reflect that the debtor's prevailing on this claim objection (which the Court
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notes still has not been filed) is a condition precedent to confirmation of the plan. (And the disclosure statement should describe what the debtor believes will happen if the debtor does not prevail on her objection to claim.)
Court agrees with Center Street that the ability of debtor's partner to actually perform under his contribution declaration is speculative at this point; however, this is a confirmation issue. Center Street can and should conduct discovery concerning Mr. Lenoir's financial condition and the debtor should be prepared to offer additional testimony from him in connection with her confirmation memorandum. If the debtor's projections assume that she will not have to pay any rent, debtor will also need to provide a declaration from her brother to the effect that he will let her live in his property rent-free for a period of 5 years.
In addition, the debtor should correct the typographical errors identified by the US Trustee and add the missing information requested in the US Trustee's objection to the disclosure statement.
Moreover, disclosure statement should be modified to reflect that, because the debtor retains her property under the plan, it cannot be confirmed over the objection of unsecured creditors. Debtor cannot have it both ways by saying she will insert a new value contribution if she needs to. Either one should be provided for now, or the plan should explain that it cannot be confirmed over the unsecured creditor's objections.
OFF CALENDAR. DEBTOR HAS FILED THIRD AMENDED DISCLOSURE STATEMENT.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
2:00 PM
Docket 161
NONE LISTED -
Except as otherwise noted below, the objections raised by the secured lender are either, in substance, confirmation objections, or not well taken. Approve disclosure statement, subject to the following conditions/caveats:
Court has identified a few typographical errors that need to be corrected.
Debtor must supply a declaration from her brother to the effect that she will be permitted to live with him and that she will not have to pay rent until she has completed making her plan payments.
In its present form, the plan is not confirmable, because it presupposes that the debtor will prevail on her claim objection and the objection has not yet been filed. Plan (and corresponding sections of disclosure statement) should provide that debtor's obtaining an order disallowing the default interest portion of the secured claim as an unenforceable penalty is a condition precedent to confirmation or, if the debtor would like to be able to have a plan be confirmed and go effective before she has prevailed on her claim objection, she should modify the plan (and corresponding sections of disclosure statement) to provide that, pending the outcome of the claim objection, she will be making monthly interest payments on the larger amount of the claim at 6 percent. (She could pay the undisputed portion of the payment to the creditor and deposit the remainder of the payments into a disputed claim reserve where they would remain until the claim objection is resolved.)
In disclosure statement, debtor reports that, if she does not prevail on her claim objection, she will attempt to refinance, but does this appear anywhere
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in the plan? (The court wasn't able to find it.) Therefore, if the debtor would like to confirm the plan before the objection is resolved, she should build into the plan what will happen if she does not prevail on her claim objection.
In order to find a plan feasible, the court must find that it is not likely to be followed by the need for further liquidation or reorganization not contemplated by the plan. In light of how many different income streams must come together to enable the debtor to fund her plan payments, in order for this plan to be feasible, it should be modified to provide that, in the event the debtor defaults on her plan payments, she will have a period of x months to attempt to refinance the property. If she fails to consummate a refinancing within that period, she will have a period x months to sell the property or permit the lender to foreclose. In other words, the plan needs to contemplate what will happen in the event of default in such a way as to ensure that there will not be a need for another bankruptcy case if the debtor is unable to make the payments.
Why hasn't the debtor filed her objection to the secured creditor's claim? Deadline for the filing of this objection should be included in order approving the disclosure statement.
In the disclosure statement, the debtor represents that there will be a new value contribution from her brother of $5,000, but where is that mentioned in the plan? The court wasn't able to find it.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
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
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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.
Tentative Ruling for February 6, 2019:
Discuss with parties whether it would be better for the court to appoint a chapter 11 trustee or to convert the case to chapter 7. Hearing required.
Tentative Ruling for April 17, 2019:
If court approves disclosure statement, set plan confirmation schedule.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
10:00 AM
Adv#: 2:18-01003 Tarpinian et al v. Isadzhanyan
fr. 3-6-18, 6-5-18, 9-11-18, 12-11-18, 12-18-18, 2-12-19
Docket 1
NONE LISTED -
1/9/19 -- Court entered scheduling order that included the following language:
Rulings on Evidentiary Objections:
Objections to Declaration of Cliff Dean Schneider:
Overrule. There is an exception to the hearsay rule for statements made by the opposing party. The relevance is that this is one of the statements made under oath that plaintiff alleges violated section 727(a)(4).
Objections to Declaration of Gary Tarpinian:
1. Sustain.
2 through 17. Overrule.
18. Overrule.
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19 through 27. Overrule.
Objections to Declaration of Narie Tarpinian:
Overrule.
Overrule.
Overrule.
Overrule.
Overrule.
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
10:00 AM
[OST]
MOVANT: PATRICIA ANN CASCIONE
Docket 10
NONE LISTED -
Grant.
Debtor(s):
Nicholas Cascione Represented By David H Chung
Joint Debtor(s):
Patricia Ann Cascione Represented By David H Chung
Movant(s):
Nicholas Cascione Represented By David H Chung David H Chung
Patricia Ann Cascione Represented By David H Chung David H Chung
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
10:00 AM
Wages, Salaries, And Other Compensation
Employee Medical, Workers Compensation, And Similar Benefits
Employee Deductions
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
Docket 30
4/19/19 - Christopher Crowell, (818)501-3800, has been approved for telephonic appearance on 4/23/19 @ 10am
Authorize debtor to pay prepetition wages, honor prepetition benefits and expense reimbursements 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.
Court was not sure whether motion seeks authority to permit outstanding prepetition checks to clear. If so, deny motion to the extent that it seeks such relief. 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.
10:00 AM
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
fr. 6-19-18, 11-20-18, 1-17-19, 2-21-19
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: 333 BOYLSTON, LLC. fr. 2-26-19, 2-12-19
Docket 9
3/20/19 - Case dismissed by the Trustee for failure to appear at 2 341(a) Meeting of Creditors.
Property is not residential property. Paragraph 4 of the motion (relying on sections 362(b)(22) and (23) is inapplicable. (But court will not sua sponte impose sanctions under Rule 9011. Did debtor even give movant the benefit of the safe harbor provisions of that Rule?)
Deny motion to strike. Court agrees that evidence submitted is appropriate in light of substantive issues/defenses raised in opposition to motion.
Grant relief from stay to the extent necessary to permit the parties to litigate to a final judgment their respective claims against one another with regard to the property. (Leave stay in effect with regard to enforcement/obtaining possession.) Court is not currently in a position to assess whether there is a reasonable prospect of reorganization within a reasonable period. Continue hearing on balance of relief for a period of 60 to 90 days to give court an opportunity to re-assess at that point whether there is a reasonable prospect of reorganization within a reasonable period.
According to the debtor, there was an agreement that no rent would be paid
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while the property was in escrow. What happened to the escrow? What was supposed to happen after the close of escrow? Was the debtor to remain in possession? What rent was the debtor supposed to pay at that point? Is the debtor in a position to pay any rent at this point? Is it the debtor's position that its obligation to pay rent is suspended indefinitely? How does the debtor intend to fulfill its requirement to pay post-petition rents?
Hearing required.
Tentative Ruling for April 25, 2019:
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
L.A. Entertainment Center, Inc. Represented By Raymond H. Aver
Movant(s):
333 Boylston, LLC Represented By Stacey A Miller
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:13-01406 Menchaca v. RESS Financial Corporation, a California Corporati
fr. 11-27-18, 2-7-19
Docket 298
4/18/19 - Michael May, (909)398-1030, has been approved for telephonic appearance on 4/25/19 @ 2pm
Tentative Ruling for November 27, 2018:
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 knew 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. The clear and convincing standard applies not only to whether the stay has been violated, but also to knowledge and intent.
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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.
Final Ruling for November 27, 2018:
Continue hearing to February 7, 2019 at 2:00 p.m. Trustee should file and serve briefs and declarations with new calculations that authenticate anything in the record that trustee would like the court to view not later than January 17, 2019. RESS should file and serve briefs and declaration authenticating anything in the record that it would like the court to look at not later than January 31, 2019.
Tentative Ruling for February 7, 2019:
Neither the letter from Mr. Broker nor that from Mr. Gross told the lender of the existence of the valuation order. Therefore, neither letter advised the lender that the bankruptcy court had made a determination that the reconveyances were valid and enforceable and that the collateral package securing the loan was 636 acres, not 1284 acres. The testimony at trial was
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that the lender did not learn of the existence of the valuation order until it received the complaint. Therefore, the trustee did not establish with clear and convincing evidence that, at any point prior to April 2, 2013, the lender knew that the automatic stay still applied to the reconveyed property.
Mr. Beasley's testimony about the Trustee's Sale Guaranty does not refute this. He testified that, when he saw the reconveyances on the TSG, he did further investigation and found that no map had been recorded as required by the California Subdivision Map Act that identified the reconveyed property as a separate legal parcel. Therefore, he concluded that a foreclosure as against only the 636 acres would violate the SMA and that the reconveyance was invalid because it didn't comply with the SMA.
Plaintiff claims that, if the Court were to reduce the damage award to fees and expenses incurred from and after April 2, 2013, it would result in a reduction of approximately $9,000, but that calculation includes compensation for fees incurred in preparing the complaint, which occurred before April 2, 2013. And did the plaintiff file any declarations to support his calculations? (In preparing these declarations, plaintiff should review the charges identified in RESS's brief to ensure that only amounts attributable to litigation concerning issues that flowed directly from the stay violation, which amounts should include litigation necessary to obtain payment of these fees and expenses, are included in the calculations.)
The original judgment included fees paid by Beaumont of $182,844.98; fees due Levene Neal of $190,159.50 and fees paid by Mr. Krentel of $51,114.50. Court agrees that it may be appropriate to include at this juncture additional amounts that were not included in the calculations because they had not yet been paid by Beaumont, but they too must be fees that flow directly from issues attributable to the stay violation.
RESS seems to be saying that fees attributable to the slander of title claim or the injunctive relief claim cannot be included, but the Court disagrees. These fees do in fact flow directly from the stay violation. The slander of title in question was the lender's refusal to acknowledge that it did not hold a valid lien against property of the estate that was protected by the automatic stay.
This is a violation of section 362(a)(3) -- an attempt to exercise control over
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property of the estate. The whole point of the slander of title claim was simply to cause the lender to stop asserting that it still held a valid lien against the reconveyed property. A similar analysis applies to the injunctive relief claim. Although the lender rescinded the NOD, at no time did the lender agree that the reconveyances were valid and that it could not record a new NOD with regard to the reconveyed property -- property that the Court has held is property of the estate protected by the automatic stay. The request for injunctive relief was simply to ensure that the stay violation was not repeated. The fact that the slander of title claim was ultimately dismissed does not change this result.
The Court rejects RESS's contention that it cannot be liable for damages because it did nothing that violated the stay after it was served with the complaint. This is not accurate. Although RESS may have offered to stipulate to injunctive relief, this offer was never unconditional. RESS never offered to stipulate that there was no valid lien against the reconveyed property and always conditioned its willingness to agree to injunctive relief on the waiver of any monetary claims for damages for violation of the automatic stay. As a result, the plaintiff had no alternative but to continue the litigation to obtain the compensation and prospective relief to which it was entitled.
Continue hearing to give plaintiff a further opportunity to supply declarations that break out with particularity the fees incurred after April 2, 2013 that are attributable to issues and claims that flow from the stay violations and nothing else.
Final Ruling for February 7, 2019:
Plaintiff should go through each and every time entry and expense charge and meet and confer with defendant in an effort to work out which fees and expenses flow directly from the stay violation. Plaintiff should forward his calculations to counsel for defendant by February 21, 2019. Counsel for defendant should respond not later than March 7. Parties should meet and confer until March 28, 2019, in an effort to resolve issues consensually. If the parties cannot agree on a number, plaintiff should file and serve a declaration setting forth plaintiff's position not later than March 28, 2019. Oppositions will be due on April 11, 2019. Court will conduct a continued hearing on April 25,
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2019.
Tentative Ruling for April 25, 2019:
Many of the points advanced by RESS appear well-taken. Hearing required.
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
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
10:00 AM
MOVANT: INTERNATIONAL FIDELITY INSURANCE COMPANY fr. 3-19-19
Docket 95
- NONE LISTED -
Tentative Ruling for March 19, 2019:
Movant has not brought a 523 action against the debtor and the deadline to file 727 actions has been extended to April 12, 2019. Continue hearing until after April 12, 2019, as there will be no need to grant relief from stay to permit claims against the debtor to be litigated unless someone files a timely action objecting to the debtor's discharge. (If the claim will be discharged, debtor will not need to incur expense litigating any defenses that she may assert to allowance of the movant's claim.)
Final Ruling for March 19, 2019:
Continue hearing to April 30, 2019 at 10:00 a.m. (No additional briefing required.)
Tentative Ruling for April 30, 2019:
Court sees on docket a stipulation between the debtor and the chapter 7 trustee, extending the time for a 727 action to be filed, but there is no similar stipulation with the movant and movant has not filed either a 523 or a 727 action. Deny motion without prejudice. Movant may renew motion if and when the chapter 7 trustee files an objection to the debtor's discharge under section 727.
10:00 AM
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Movant(s):
International Fidelity Insurance Represented By Teresa L Polk Robert J Berens
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
10:00 AM
MOVANT: VW CREDIT, INC.
Docket 12
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Michael T. Garcia Represented By Craig G Margulies
Movant(s):
VW Credit, Inc. Represented By Darren J Devlin
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 7
4/25/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 4/30/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Yazmin Del Carmen Gil Avalos Represented By Marlin Branstetter
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: BEACH FRONT PROPERTY MANAGEMENT, INC.
Docket 13
4/24/19 - Eileen Kendall, (310)619-4941, has been approved for telephonic appearance on 4/30/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Tara Miller Pro Se
Movant(s):
Beach Front Property Management, Represented By
Eileen M Kendall
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: THE BANK OF NEW YORK MELLON
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):
Towanna Okoronkwo Pro Se
Movant(s):
THE BANK OF NEW YORK Represented By Christina J O
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 8
4/22/19 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 4/30/19 @ 10am
4/24/19 -- Court approved stipulation resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Martha Elena Espinosa Represented By John Asuncion
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: KAREN DOWDLE
Docket 139
- NONE LISTED -
Debtor's evidentiary objections:
Overrule objection no. 1. Court can take judicial notice of pleadings and schedules (1 through 4) and balance of documents are sufficiently authenticated for our purposes. There is no genuine issue as to the authenticity of the documents. Overrule objection no. 2. Exhibit 5 is not being offered to prove defendant's liability. Settlement communications may be introduced for other purposes. Here, the document is offered as the first notice that movant received that debtor intended to argue that litigation of the cross-complaint was barred by the automatic stay.
Tentative Ruling on the Merits:
Movant does not deny that Ms. Dowdle knew of the pendency of the bankruptcy case. The point here is that debtor never took the position that any portion of the action was barred by the automatic stay until 9 months after a 5-day jury trial that ended in an adverse verdict. The action itself was not barred by the stay, in that it was commenced by the debtor. Only the counterclaims would have been barred, but debtor elected not to take that position and instead encouraged the state court judge to go ahead with the trial. It would be grossly inequitable -- a travesty -- for debtor to be permitted to treat the jury verdict as void on these facts.
Grant motion. Annul stay to the extent necessary to validate all of the state court's post-petition actions in connection with this litigation.
10:00 AM
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
Movant(s):
Karen Dowdle Represented By Peter D Gordon
10:00 AM
Docket 164
- NONE LISTED -
Deny approval of disclosure statement. Plan doesn't set forth classification of secured claims and debtor's approach to setting forth classes and priorities later once it has been determined through litigation doesn't work. Court cannot assess whether treatment of creditors under plan is appropriate until this has been figured out.
Disclosure statement cannot say that, if the unsecured creditors do not vote in favor of confirmation, principal will make a new value contribution. It needs to say that the plan in its present form violates the absolute priority rule.
Therefore, if unsecured creditors do not vote in favor of confirmation the plan cannot be confirmed. Either that, of the principal should commit to a new value contribution now and revise the plan accordingly.
The disclosure statement does not contain adequate information about the manner in which the debtor intends to operate its business in the future.
According to the disclosure statement, the debtor intends to open an office in Northern California and partner with various subcontractors by investing in their business. How much will this cost? Is this in the projections? Where will the debtor obtain the money to make these investments? Will this actually be a net benefit to the unsecured creditors or will the debtors be diverting money away that could be paid to unsecured creditors to make the value of the business that they are retaining for themselves even more valuable?
10:00 AM
OFF CALENDAR. DEBTOR HAS NOW FILED FIRST AMENDED DISCLOSURE STATEMENT.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 271
- NONE LISTED -
Overrule objection of Spice Affair. Disclosure statement need not include specific information about the merits of each claim objection. Neither feasibility of the plan nor the best interest of creditors test will turn on the outcome of any of these claim objections. The same amount will be paid on account of unsecured claims, regardless of the amount of these claims. The debtor's claim objections are no more or less likely to have merit in chapter 7 or in chapter 11. Although the outcome of these claim objections will determine the estimated percentage of recovery for unsecured creditors, the court can proceed to confirmation with the information provided on these issues.
There is no requirement for a corporate chapter 11 debtor that it devote 100 percent of its disposable income to the payment of claims for a period of five years. Nor is there any requirement in chapter 11 that the debtor use its "best efforts" to pay the highest return possible to unsecured creditors. There is, however, a best interest of creditors' test, which compares the plan recovery to what creditors would receive in chapter 7 and there is a requirement that the debtor be acting in good faith. However, there is also a feasibility requirement that cuts in the other direction. Were the debtor to commit to the payment of every penny of projected disposable income to the payment of claims, it would be difficult for the debtor to establish feasibility. If the creditor believes that there is more money available that could be paid to creditors, creditor may object to confirmation on the ground that the plan was not filed in good faith.
The court has a number of other questions and comments with regard to the
10:00 AM
form of the plan and disclosure statement that will be discussed on the record at the time of hearing on the motion.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
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.
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.
10/9/18 -- Court signed scheduling order setting deadline of December 31,
10:00 AM
2018 for filing plan and disclosure statement.
Tentative Ruling for April 30, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
MOVANT: HMC ASSETS, LLC.
Docket 22
- 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.
Court already entered an order granting relief from the automatic stay with a 362(d)(4) finding with regard to the 401 S. Berkeley Ave. property in Ninesquare's bankruptcy case after debtor defaulted on a stipulation. Court dismissed the case with a 180-day bar in response to the debtor's motion to dismiss precisely so that this case would not be coming back again if the debtor's game plan didn't work out. The order dismissing the case was entered April 19, 2019. The transfer of this property to this debtor, even if the debtor was the original owner, so that the debtor could obtain a new automatic stay is a scheme to hinder, delay and defraud creditors. Overrule opposition.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
Crystle Jane Lindsey
Movant(s):
HMC Assets, LLC, solely as Represented By
Amelia B. Valenzuela
10:00 AM
2:00 PM
Docket 73
- NONE LISTED -
Court agrees that, at present, it seems rather pointless to file a proof of claim at all, as the trustee has filed a no asset notice, but there is no statutory prohibition against filing a proof of claim in a case without assets. And there is no reason to doubt the appropriateness of class certification in this case, as the class that movant seeks to represent has already been certified in state court. And the filing of a proof of claim, even a class proof of claim, should not result in any significant delay in the closing of the case. Therefore, grant movant's request to permit the filing of a class proof of claim.
In addition, grant movant's request for relief from stay to proceed in state court. This is a "corporate" chapter 7 case. Debtor is not eligible for a discharge. Therefore, there will be no discharge injunction and, once the case has been closed, nothing would preclude such an action anyway. Although it might be pointless to name the debtor in a state court litigation if in fact it has no assets, it might be an important predicate to some other action that movant would like to take in state court as against a third party.
Debtor(s):
Phoenix Warehouse of California, Represented By
Walter K Oetzell Uzzi O Raanan ESQ John N Tedford
2:00 PM
Movant(s):
Yadira Espinoza Represented By Mark A Ozzello Roman Shkodnik
Trustee(s):
Peter J Mastan (TR) Represented By Peter J Mastan
2:00 PM
Adv#: 2:19-01056 Friedman v. Department of Education et al
Docket 1
4/3/19 - Notice of dismissal of Defendant Pennslyvania Higher Education Assistance Agency filed.
Set discovery cutoff for approximately 90 to 120 days. Set continued status conference for approximately same time frame. When do parties anticipate that they will begin discussing the prospect of settlement? Hearing required.
Debtor(s):
Tricia Lee Friedman Represented By Heather J Canning Christine A Kingston
Defendant(s):
Department of Education Represented By Elan S Levey
Navient Private Loan Trust Represented By Dennis C. Winters
The American University Pro Se
Plaintiff(s):
Tricialee Friedman Represented By Christine A Kingston
2:00 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
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, 10-2-18, 1-29-19
Docket 1
4/25/19 - Philip Dapeer, (805)370-7201, has been approved for telephonic appearance on 4/30/19 @ 2pm
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.
10/4/18 -- Court signed scheduling order with following dates: Discovery cutoff -- March 31, 2019
2:00 PM
Cont'd status conference -- January 29, 2019 at 2:00 p.m. L/D to file updated status report -- January 15, 2019
Tentative Ruling for January 29, 2019:
Court set discovery cutoff of March 31, yet parties report in status report that they will complete discovery by the end of April. Are they requesting extension of discovery cutoff?
Are the parties still optimistic that they will succeed in negotiating a consensual resolution of this matter in the near future? Hearing required.
1/30/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- April 30, 2019 at 2:00 p.m. L/D to file joint status report -- April 16, 2019
L/D to complete discovery -- April 30, 2019
Tentative Ruling for April 30, 2019:
Parties report that they have reached a settlement in principle. Discuss structure of settlement with parties.
Debtor(s):
Philis Groomes-Love Represented By Philip D Dapeer
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Dean G Rallis Jr Matthew J Pero Matthew D Pham
Plaintiff(s):
Philis Groomes-Love Represented By Philip D Dapeer
2:00 PM
2:00 PM
Adv#: 2:18-01357 NG DIP Liquidating Trust v. Facebook, Inc.
fr. 1-8-19, 2-26-19, 4-2-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/30/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
3/4/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
ACTION HAS BEEN DISMISSED. 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
2:00 PM
Defendant(s):
Facebook, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01359 NG DIP Liquidating Trust v. I-parcel, LLC
#204.00 Status Conference re: 12(Recovery of money/property - Section 547 - Preference) Complaint by NG DIP Liquidating Trust against I-parcel, LLC.
fr. 1-8-19, 2-26-19, 4-2-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
2/28/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
4/3/19 -- Court approved stipulation continuing response date to April 29, 2019, and continuing status conference to May 21, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball
2:00 PM
David B Shemano
Defendant(s):
parcel, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01360 NG DIP Liquidating Trust v. Kacoo USA, LLC
fr. 1-8-19, 4-2-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
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.
1/18/19 -- Court approved order extending deadline to respond to complain to January 31, 2019.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/16/19 -- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019. 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
2:00 PM
Defendant(s):
Kacoo USA, LLC Represented By Lana Milojevic
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01363 NG DIP Liquidating Trust v. Luxury Garage Sale, Inc.
fr. 1-8-19, 4-2-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/30/19 -- Court signed order continuing response date to March 1, 2019.
3/7/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier
2:00 PM
Kevin Meek Lorie A Ball David B Shemano
Defendant(s):
Luxury Garage Sale, Inc. Represented By Ryan A. Ellis
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01364 NG DIP Liquidating Trust v. Madison Administrative Services, Inc.
fr. 1-8-19, 4-2-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.) Continue status conference approximately 90 days.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
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
2:00 PM
Defendant(s):
Madison Administrative Services, Represented By
Ovsanna Takvoryan
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01366 NG DIP Liquidating Trust v. Rakuten Marketing, LLC
fr. 1-8-19, 4-2-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/17/19 -- Court approved order extending defendant's deadline to respond to complaint to January 31, 2019.
2/1/19 -- Court approved stipulation continuing response date to March 7, 2019.
3/11/19 -- Court approved stipulation continuing response date to March 15, 2019 and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
3/18/19 -- Court approved stipulation continuing response date to April 1, 2019.
4/2/19 -- Court approved stipulation continuing response date to April 15, 2019.
2:00 PM
4/16/19 -- Court approved stipulation continuing response date to May 20, 2019 and continuing status conference to June 11, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
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):
Rakuten Marketing, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01367 NG DIP Liquidating Trust v. United Parcel Service, Inc.
#209.00 Status Conference re: 12(Recovery of money/property - Section 547 - Preference) Complaint by NG DIP Liquidating Trust against United Parcel Service, Inc.. Todd)
fr. 1-8-19, 2-26-19, 4-2-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
2/28/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
4/3/19 -- Court approved stipulation continuing response date to April 29, 2019, and continuing status conference to May 21, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball
2:00 PM
David B Shemano
Defendant(s):
United Parcel Service, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
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, 11-27-18, 1-29-19
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 January 29, 2019:
Has trustee had an opportunity to decide how he would like to proceed with this matter? Hearing required.
Tentative Ruling for April 30, 2019:
Where is the joint status report that should have been filed April 16, 2019?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
Movant(s):
Stephen A. Weaver
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
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, 11-27-18, 1-29-19
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.
Tentative Ruling for April 30, 2019:
Action has been stayed by defendants' bankruptcy filings. How does the trustee intend to proceed in this matter?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
KAMANA O'KALA, LLC Represented By
2:00 PM
SreeVamshi C Reddy
Patrick Schellerup Represented By SreeVamshi C Reddy
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
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, 11-27-18, 1-29-19
Docket 1
4/25/19 - Clifford Davidson, (503)243-1653, has been approved for telephonic appearance on 4/30/19 @ 2pm
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.
Tentative Ruling for January 29, 2019:
2:00 PM
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
Court has now approved trustee's application to employ special counsel in this action. Court now needs the information requested on the joint status report form.
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) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al
fr. 10-2-18, 10-23-18, 11-27-18, 1-29-19
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
2:00 PM
Continue status conference approximately 90 days at trustee's request to date of continued hearing in related matters.
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 Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
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, 11-27-18, 1-29-19
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
Continue status conference approximately 90 days at trustee's request to date of continued hearing in related matters.
2:00 PM
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
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:19-01015 Credit Union of Southern California v. Foster, Sr.
Docket 13
- NONE LISTED -
Deny motion for default judgment under sections 523(a)(2)(A) and 523(a)(6). There is no evidence that plaintiff made any misrepresentation other than a promise to repay the loan. Mere failure to repay a loan does not give rise to nondischargeable liability. What evidence does plaintiff have that debtor had no intention of paying the loan at the time he took out the loan? Was there any false information contained in the loan application or is the only relevant fact that the debtor made no payments on the loan? That is insufficient. If movant believes there are additional facts that might be shown in an amended motion, continue hearing to give movant an opportunity to file a supplemental declaration.
Debtor(s):
Floyd Naymon Foster Sr. Represented By Steven A Alpert
Defendant(s):
Floyd Naymon Foster Sr. Pro Se
Movant(s):
Credit Union of Southern California Represented By
Karel G Rocha
Plaintiff(s):
Credit Union of Southern California Represented By
2:00 PM
Trustee(s):
Karel G Rocha
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01015 Credit Union of Southern California v. Foster, Sr.
fr. 4-2-19
Docket 1
3/4/19 - Default entered against Floyd Naymon Foster, Sr.
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):
Floyd Naymon Foster Sr. Represented By Steven A Alpert
Defendant(s):
Floyd Naymon Foster Sr. Pro Se
Plaintiff(s):
Credit Union of Southern California Represented By
Karel G Rocha
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 11
- NONE LISTED -
Vacate OSC as moot. Case has already been dismissed. No appearance required. Court will prepare order.
Debtor(s):
Haig Nersesyan Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 227
- NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By
Shawn M Christianson
Movant(s):
Alpert, Barr & Grant, A Professional Represented By
Adam D Grant
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 113
- NONE LISTED -
Tentative Ruling for February 27, 2019:
Has debtor been served with this motion, or just debtor's counsel? Continue hearing to give trustee an opportunity to serve debtor directly.
(Court copies should not be two-sided.)
Final Ruling for February 27, 2019:
Continue hearing to March 20, 2019 at 10:00 a.m. By March 1, 2019, movant should serve debtor with moving papers and all parties with notice of continuance that advises parties in interest that oppositions will be due March 13, 2019.
Tentative Ruling for March 20, 2019:
Motion has now been served on debtor and notice of continuance with required information has been served on all parties.
Pursuant to a stipulation between the parties, continue hearing to May 1, 2019 at 10:00 a.m. APPEARANCES WAIVED ON MARCH 20, 2019.
Tentative Ruling for May 1, 2019:
Now that service problems have been addressed, grant motion.
10:00 AM
Debtor(s):
Roberto Robles 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 1259
- NONE LISTED -
Special counsel has been employed since December of 2016 to, among other things, review and assess whether or not to proceed with an appeal of Beasley's claim. What, if anything, has counsel done since then on this issue? Why does the plan trustee need additional time to decide whether or not to pursue this appeal (or to file a claim objection based on any appealable ground)? Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Movant(s):
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
10:00 AM
Docket 164
- NONE LISTED -
Continue hearing to give debtor an opportunity to file a supplemental declaration attesting to the features/options on the vehicle and the condition, mileage, etc. of the vehicle. Has the debtor been making payments on this vehicle post petition? Has the loan balance been reduced since May 5, 2018?
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Movant(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
10:00 AM
Docket 264
NONE LISTED -
Grant motion. Authorize use of cash collateral on terms proposed in motion through the earliest of dismissal, conversion or the effective date of a plan. Grant secured lenders replacement liens on post-petition assets, other than avoiding power recoveries, with the same validity and priority as their prepetition liens.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Outside the Ordinary Course of Business, Free and Clear of Claims, Liens,
Encumbrances and Interests
Approving the Form and Manner of Notice and Bid Process;
Docket 167
NONE LISTED -
Grant motion. Approve sale to highest bidder. Sale order will include direction that trustee pay $200,000 to SBK out of escrow. Balance of claim will attach to net proceeds of sale with whatever validity/priority lien of SBK had as against the property.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Movant(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
10:00 AM
Outside the Ordinary Course of Business, Free and Clear of Claims, Liens,
Encumbrances and Interests
Approving the Form and Manner of Notice and Bid Process
Approving Assumption and Assignment of Lease
Docket 171
4/10/19 - Jacqueline James, (818)501-3800, has been approved for telephonic appearance on 5/1/19 @ 10am
Grant motion. Approve sale to highest bidder.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Movant(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Trustee(s):
R. Todd Neilson (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.
12/10/18 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- December 7, 2018
Bar date -- January 31, 2019
Cont'd status conference -- February 27, 2019 at 11 L/D to file updated status report -- February 8, 2019
Hearing on motion to employ real estate broker -- December 19, 2018 at 10
Tentative Ruling for February 27, 2019:
According to the debtor's status report, after entry of an order granting relief from stay to Beverly Loan Company, "the more valuable pieces [of jewelry] have been redeemed." How was this accomplished? What was the source of the funds used to redeem the jewelry and how much did this cost? How was this transaction structured?
Has debtor signed declaration in support of case status report? Now that court has signed order employing real estate broker, when does the debtor believe that she will be in a position to file a motion for approval of the sale?
Hearing required.
10:00 AM
4/10/19 -- Court entered order denying motion for relief from stay and directing US Trustee to appoint a chapter 11 trustee if debtor did not file either a motion to sell her real property or a motion for approval of refinancing by April 30, 2019. (If she does file such a motion, any party in interest that believes the motion is frivolous or otherwise lacking in merit may file and serve papers not later than May 6, 2019 explaining why it believes that the debtor should not be treated as having met the April 30, 2019 deadline and an ex parte application for appointment of a chapter 11 trustee, which the Court may resolve on the papers without further notice or opportunity for hearing.
Tentative Ruling for May 1, 2019:
Did debtor file either of the required motions by April 30, 2019? Hearing required.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
11:00 AM
fr. 3-13-19
Docket 27
NONE LISTED -
Court agrees that there is insufficient evidence as to the balance outstanding on the consensual loan as of the time the petition was filed. However, court is satisfied with the valuation evidence provided, even though it is hearsay.
Court will not require the debtor to obtain a declaration from the appraiser.
However, court needs to ascertain whether debtor holds a 25 percent or a 50 percent interest in the property (or some other amount), as that will affect the outcome of the motion. Creditor's lien is for more than $6.5M. This will impair the debtor's homestead exemption. It is unclear why the creditor believes that the existence of surplus equity of $208,000 more than the amount necessary to pay the debtor's homestead exemption means there is no impairment. That is not how section 522(f) works. The lien must be avoided to the extent that it impairs the exemption. In other words, creditor may retain a lien to the extent that there is equity in the property above and beyond the amount of the homestead exemption, but the remainder of the lien must be avoided. Court needs to have the correct figures for the lien balance and the percentage ownership to calculate how much of a lien the creditor is entitled to retain.
Hearing required.
4/17/19 -- Court approved stipulation resolving motion. OFF CALENDAR.
11:00 AM
Debtor(s):
Judith Anne Sanchez Represented By George J Paukert
Movant(s):
Judith Anne Sanchez Represented By George J Paukert
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
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,
9-26-18, 3-20-19
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:
11:00 AM
Continue hearing to June 15, 2016 at 11:00 a.m. Reorganized debtor should 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:
11:00 AM
According to coversheet to status report, payments to BNY Mellon and 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.
Tentative Ruling for March 20, 2019:
Court previously disallowed the unsecured portion of secured creditors' claims due to their failure to provide correct mailing address information, but their secured claims remain as liens against the debtor's property. Does the debtor agree with the information contained in secure creditors' notice regarding failure to make post-petition plan payments on their secured claims?
Hearing required.
Tentative Ruling for May 1, 2019:
Debtor filed a motion for a final decree on negative notice on April 16, 2019. Continue hearing to June 19, 2019 at 11:00 a.m. to give the court an
11:00 AM
opportunity to process motion for final decree. Appearances waived on May 1, 2019. (Once notice period for motion has passed, debtor should file a declaration attesting to the fact that she hasn't received any oppositions, if this is the case, and asking that the Court issue a final decree. If anyone files an opposition to the motion, debtor should notice a hearing on the opposition to her motion.)
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for November 28, 2018:
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?
Final Ruling for November 28, 2018:
11:00 AM
Debtor must serve and file notice of bar date not later than December 14, 2018. Bar date will be February 4, 2019. Court will continue status conference to January 10, 2019 at 10:00 a.m. Debtor should file updated status report by December 31, 2018.
12/3/18 -- Court signed scheduling order setting following dates:
L/D to serve notice of bar date -- December 14, 2018 Bar date -- February 4, 2019
Cont'd status conference -- January 10, 2019 at 10:00 a.m. L/D to file updated status report -- December 31, 2018
Tentative Ruling for January 10, 2019:
Debtor was supposed to have served notice of bar date by December 14, 2018. He served notice on December 21, 2018 (according to the proof of service attached to the notice filed with the court). The issue is when the notice was served on creditors, not when it was filed with the Court. Does the debtor have, or can the debtor truthfully execute, a declaration under penalty of perjury attesting to service on creditors of the notice of bar date on or before December 14, 2018? If not, set new bar date and require debtor to serve a new notice that explains that, because he failed to serve the prior notice in a timely manner, the Court has set a new deadline for the filing of claims.
The debtor's updated status report was filed on December 31, 2018, but does not contain a proof of service and no service copy was provided to the Court. Require debtor to file a declaration in which he states under penalty of perjury that he has read and is familiar with the local rules of the court and the court manual. Otherwise, court will insist that debtor retain counsel if he wants to remain in chapter 11.
Debtor is not licensed to practice in the State of California and should not use the abbreviation "Esq." after his name on pleadings, as that implies that one is an attorney.
Has the debtor filed the Otober 2018 operating report? How about the
11:00 AM
November 2018 operating report? Has the debtor now signed up for the California bar exam?
Court granted the US Trustee's ex parte application for an extension of time to respond to the debtor's application to employ VWM Analytics. The debtor proposes to employ this firm to prepare an expert report concerning the damages that he intends to assert against Paul Hastings, which is arguably premature. Debtor will have more than ample time to employ a damages expert in light of the fact that he has not even filed a lawsuit against the firm (is this still the case?) and the court assumes that liability will be contested. (Debtor reports that he cannot obtain a right to sue letter from the EEOC in light of the government shutdown.)
Final Ruling for January 10, 2019:
Continue hearing to February 27, 2019 at 10:00 am. Debtor should serve and file updated status report not later than February 15, 2019.
Tentative Ruling for February 27, 2019:
Debtor filed 2 monthly operating reports on February 15, but not the updated status report. What, if anything, has happened in this case since the January 10 status conference?
NOTE: February Bar Examination is scheduled for Tuesday and Wednesday, February 26-27,2019. Debtor had said that he planned to sign up for this examination.
Final Ruling for February 27, 2019:
Continue hearing to May 1, 2019 at 11:00 a.m. Debtor should file updated status report by April 19, 2019. Debtor represented that he will be signing up for July bar exam and, in the meantime, looking for jobs that do not require him to be a member of the California bar.
Tentative Ruling for May 1, 2019: Hearing required.
11:00 AM
Debtor(s):
Andrew Stephen Hennigan Represented By Daniel J Weintraub Nina Z Javan
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 466
5/1/19 - Neil Broom, (678)428-6304, has been approved for telephonic appearance on 5/1/19 @ 2pm
5/1/19 - John Wallace, (818)640-7815, has been approved for telephonic appearance on 5/1/19 @ 2pm
5/1/19 -Lisa Hiraide, (310)541-6146, has been approved for telephonic appearance on 5/1/19 @ 2pm
Discuss with parties:
Status of defendant's state court criminal matters and coordination of proceedings;
Status of defendant's motion for stay pending appeal/appeal;
Defendant's intentions with regard to performing the Required Affirmative Acts;
Next steps.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
2:00 PM
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
Authorizing Use Of Cash Collateral On An Interim Basis
Granting Replacement Liens
Scheduling A Final Hearing On Permanent Use Of Cash Collatera
After Hearing, Authorizing Permanent Use Of Cash Collateral fr. 4-16-19
Docket 11
- NONE LISTED -
Tentative Ruling for April 16, 2019:
The court has a number of questions and concerns:
Presumably, the lenders have liens on assets other than cash, including accounts receivable and inventory. Court cannot tell from cash flow projections attached what the balances/values of these items were as of the petition date or how they will be affected as the debtor continues to operate. The court cannot determine whether secured creditors will be adequately protected if debtor continues to operate without being able to see the entire picture. Will the debtor be generating new business sufficient to replace any receivables and inventory being liquidated, or will the debtor just be turning its existing assets into cash, spending that cash and leaving the secured creditors without any collateral or with a reduced amount of collateral?
The projections show revenue of $135,000 in April from under "other income/AMEX." What is this?
10:00 AM
The projections reflect large increases in revenue each month. On what does the debtor base the assumption that its revenues will increase by this magnitude each month?
What expenses are included in the $58,946 of "miscellaneous expenses"?
How good has the debtor historically been at projecting its revenues?
There are a large number of judgment creditors who may have liens against the debtor's personal property. What does the debtor's aged accounts payable look like? How long has it been since this debtor was generally paying its debts (other than rent) as they became due?
There are a number of secured creditors for which Exhibit 2 shows that the amount of the debt is "unknown." Why is this the case? How reliable are the debtor's books and records?
In addition to the secured creditors shown on Exhibit 2 for which the amount of the debt is unknown, there are other creditors, including Sally Sirkin Lewis herself, for which the estimated claim amount has simply been left blank. What is the difference between "unknown" and blank on this chart?
The debtor represents that the liquidation value of its assets is only approximatley $300,000 and that creditors are unlikely to recover any significant percentage of their claims unless the debtor can reorganize, but how likely is it that the debtor actually will be able to reorganize? Might creditors be better off simply liquidating whatever there is to liquidate rather than permitting the debtor to liquidate its assets and expend the proceeds generated thereby on fruitless efforts to turn this business around? The debtor represents that, during the third and fourth quarters of 2018, there was a significant downturn in activity in the home interior furnishings industry. How has the first quarter of 2019 been going? Is the downturn continuing or abating? When did the debtor first realize that it was time for it to accomplish a "business pivot" and how long has the debtor been working on trying to accomplish this pivot? And how long will it take the debtor to complete its
10:00 AM
pivot?
Hearing required.
Final Ruling for April 16, 2019:
Grant motion on interim basis. Authorize debtor to use not more than
$225,000 of cash collateral between petition date and commencement of final hearing on use of cash collateral for ordinary and necessary operating expenses in amounts not to exceed budgeted amounts, plus a 10 percent variance per item, and not including any insider compensation unless/until/to the extent approved pursuant to insider compensation procedures. Secured lenders will receive replacement liens on post-petition assets, other than avoiding power actions, to secure any diminution in the value of their cash collateral, which liens will have the same validity and priority as their prepetition liens. Debtor shall file any supplemental papers including any changes to the budget or projections and a recap of actual expenditures not later than April 30, 2019. Debtor should serve and file notice of final hearing by April 19, 2019. Oppositions will be due by April 29, 2019.
Tentative Ruling for May 2, 2019:
What is the status of negotiations between debtor and Hanmi concerning adequate protection payments? Has debtor made any adjustments to its budget or projections based on actual results since interim hearing?
Hearing required.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub
10:00 AM
Nina Z Javan
10:00 AM
MOVANT: EAST WEST BANK
Docket 853
- NONE LISTED -
Rulings on Evidentary Objections:
Barclay Declaration:
Overrule. Declarant may offer her opinion as to these matters.
Overrule. It is desirable to have a principal of the party responsible for making up a shortfall acknowledge that responsibility.
Galletly Declaration:
Overrule. Declarant is clearly describing the debtor's position/game plan. This is an appropriate exercise for the debtor's principal. Debtor has not filed its plan yet. Declarant is describing what the debtor's eventual plan will look like. The relevant issue is not what is in the term sheet (which might give rise to a best evidence objection), but what the plan will look like and whether it will be confirmable.
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Tentative Ruling on the Merits:
Deny relief at this juncture, but continue hearing to track with confirmation schedule. There is no evidence that the property is declining in value and the
10:00 AM
court is not yet ready to conclude that there is no reasonable prospect for a reorganization within a reasonable period. Thus, there is no basis for relief under either section 362(d)(1) or 362(d)(2). There need not be any equity in the property for a debtor to be in a position to confirm a plan of reorganization, and there is nothing that makes the plan that the debtor has outlined inherently unconfirmable on its face. It is not unreasonable for the debtor to take a brief period of time to change gears in light of reversal of this Court's order on appeal by the district court. Court will address any objections that movant may have concerning the confirmability of the debtor's new plan in connection with disclosure statement/plan confirmation process.
In the interim, as this is a single asset case and there is at present no plan on file, court agrees that debtor should make the payments required by section 362(d)(3). Debtor should pay interest at the contractual nondefault rate on the value of the creditor's interest in the property. EWB claims to be owed more than the value of the property. Therefore, the value of EWB's interest in the property is the value of the property. For the purpose of this analysis, court agrees that it is appropriate to utilize EWB's value for the property --
$20,271,718. Debtor asserts that it is capable of making these payments. Enter standard adequate protection order (14-day default notices; maximum of 3 notices; relief granted upon declaration from lender without further notice or hearing if default uncured; waiver of Rule 4001(a)(3) if order is entered) requiring that the debtor make these payments, commencing with the May payment. If the debtor is unable to make these payments, EWB will get relief from stay. There is no need for this court to assess whether it will be feasible for the debtor to make these payments. The proof will be in the pudding, so to speak. Either the debtor will come up with the money to make these payments, or EWB will get relief from stay.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
EAST WEST BANK Represented By
10:00 AM
Anastasia E Bessey Lois M Jacobs Brian A Procel Bernard R Given
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, 10-24-18, 1-23-19, 1-24-19,
3-7-19
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:
10:00 AM
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for October 24, 2018:
Continue case status conference to date and time of confirmation hearing.
Tentative Ruling for March 7, 2019:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for May 2, 2019:
Set deadline for debtor to file new plan of reorganization. Continue case status conference and hearing on motion for relief from stay to same date and time as hearing on new disclosure statement.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Adv#: 2:12-01832 MGM Grand Hotel, LLC et al v. PHAN
fr. 2-12-19, 4-2-19
Docket 78
- NONE LISTED -
If witness appears, have reporter administer oath and direct parties to retire to attorney conference room for examination. If not, issue warrant for her arrest.
Debtor(s):
NGOC TAY PHAN Represented By Jonathan T Nguyen
Defendant(s):
NGOC TAY PHAN Represented By Jonathan T Nguyen
Movant(s):
MGM Grand Hotel, LLC Represented By William A Orzel
Plaintiff(s):
MGM Grand Hotel, LLC Represented By William A Orzel
Bellagio, LLC Represented By William A Orzel
10:00 AM
Trustee(s):
Alberta P Stahl (TR) Pro Se
10:00 AM
MOVANT: NATIONSTAR MORTGAGE,LLC.
Docket 10
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
O'Neil V Garcia Pro Se
Movant(s):
Nationstar Mortgage LLC D/B/A Represented By
Angie M Marth
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 7
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Linda Marie Reyes Represented By Daniela P Romero
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 9
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Dennis Alvin Werthmann Represented By Nicholas M Wajda
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 32
- NONE LISTED -
Tentative Ruling from February 27, 2019:
Debtor has no disposable income and can only make payments to creditors if family members make regular contributions. Plan that debtor would propose would not be confirmable, as it would not deliver as much value to creditors (namely, 100 percent of their claims), as would a sale of the property in chapter 7. Therefore, conversion would be pointless and represents merely an attempt to enable debtor's family members to keep the property. This is not a good faith effort to reorganize under chapter 13. Therefore, deny motion to convert.
Final Ruling for February 27, 2019:
Continue hearing to April 3, 2019 at 11:00 a.m. as a status conference. (Court did not require parties to file status report.) (Moores want to refinance the property and pay all claims and administrative expenses.)
Tentative Ruling for April 3, 2019:
What has transpired in this case since February 27, 2019, if anything? Hearing required.
Tentative Ruling for May 7, 2019: See tentative ruling for matter no. 6.
10:00 AM
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Movant(s):
Geneva McGrigg Represented By Theresa Hana
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Adv#: 2:18-01255 Avery
Docket 36
- NONE LISTED -
Tentative Ruling for February 5, 2019:
Deny motion. In the moving papers, the movant acknowledges receipt of the trustee's adversary complaint and that they were advised to seek legal counsel. The fact that the defendants did not understand the papers does not constitute excusable neglect. They should have sought assistance or at least shown up in court to ask what was going on and make an effort to defend themselves. Instead, they did nothing. Nothing in the moving papers constitutes excusable neglect. It is not appropriate for them to do nothing and permit a default to be entered and a default judgment to be entered and thereafter to seek to vacate the dismissal now that they realize the significance of the complaint.
Final Ruling for February 5, 2019:
Continue hearing to February 27, 2019 at 10:00 a.m. to be heard concurrently with motion to convert to chapter 13. If court denies conversion, court is likely to deny this motion, but, if court grants motion to convert, it may grant this motion.
Tentative Ruling for February 27, 2019:
Revisit motion after conclusion of hearing on motion to convert.
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Final Ruling for February 27, 2019:
Continue hearing to April 3, 2019 at 11:00 a.m. as a status conference. (Court did not require parties to file status report.) (Moores want to refinance the property and pay all claims and administrative expenses.)
Tentative Ruling for April 3, 2019:
What has transpired in the underlying bankruptcy case since February 27, 2019, if anything? Hearing required.
Final Ruling for April 3, 2019:
Defendants have 30 days to put $80,000 into escrow. Trustee will file fee application in the interim. If payment is not made by this deadline, court will deny motions (motion to set aside default and motion to convert to chapter 13) at continued hearing on May 7, 2019 at 10:00 a.m. If payment is made, defendants should file declaration to this effect and court will continue hearing so that parties do not need to make another court appearance in the interim.
Tentative Ruling for May 7, 2019:
Neither docket in main case nor docket in the adversary proceeding reflects the filing of a declaration attesting to the deposit of $80,000. Deny motion to set aside default judgment and motion to convert.
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Movant(s):
Marvena Moore Represented By Julie J Villalobos
Plaintiff(s):
Wesley H. Avery Represented By
10:00 AM
Trustee(s):
David M Goodrich
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Adv#: 2:19-01130 Leslie v. Broidy et al
Docket 2
- NONE LISTED -
Defendants have no legal right to be in possession of the property. There is no lease agreement. Defendants have known since the case was filed that they would need to turnover possession of the property to the chapter 7 trustee. Grant motion. Enter order requiring defendants to vacate premises immediately.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Defendant(s):
Alan F. Broidy Pro Se
Heather B Broidy Pro Se
Movant(s):
Sam S. Leslie Represented By Rosendo Gonzalez
Plaintiff(s):
Sam S. Leslie Represented By Rosendo Gonzalez
Trustee(s):
Sam S Leslie (TR) Represented By
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Rosendo Gonzalez
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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, 12-18-18, 3-19-19
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.
Tentative Ruling for December 18, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
12/19/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- March 19, 2019 at 2:00 p.m. L/D to conduct discovery -- March 31, 2019
L/D to file joint status report -- March 5, 2019
Tentative Ruling for March 19, 2019:
Are the parties on track to complete discovery by March 31? Have they made arrangements to participate in a mediation before Meredith Jury?
Hearing required.
3/20/19 -- Court extended discovery cutoff to May 17, 2019.
Tentative Ruling for May 7, 2019:
No defaults were entered. Defendants have all answered. Certain of the parties have requested an extension of the discovery cutoff. Extend discovery cutoff to July 1, 2019. Plaintiff and Hooshim have expressed an intention to file motions for summary judgment or partial summary adjudication. Set deadline for the filing of these motions and continue status conference to date set for hearing on these motions.
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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 Matthew Abbasi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
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Adv#: 2:19-01044 Dye v. Babaie et al
fr. 4-9-19
Docket 1
- NONE LISTED -
At request of the parties, continue status conference to May 7, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 9, 2019.
Tentative Ruling for May 7, 2019:
When will counsel for the plaintiff be in a position to pay attention to, and diligently prosecute, this adversary proceeding? Hearing required.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Defendant(s):
David Babaie Represented By Matthew A Lesnick
Keto Development Group, LLC Represented By Matthew A Lesnick
DOES 1 THROUGH 10 Pro Se
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Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:18-01230 Brubaker v. Firstmark Access Group et al
fr. 9-26-18, 10-23-18, 1-15-19, 4-2-19
Docket 1
- NONE LISTED -
Set discovery cutoff for late February. Set pretrial conference for late March. Require parties to complete a day of mediation prior to date of pretrial conference.
1/25/19 -- Court approved scheduling order with following dates: L/D to file pretrial motions -- March 12, 2019
L/D to conduct discovery -- February 28, 2019 L/D to lodge pretrial order -- March 19, 2019 Pretrial conference -- April 2, 2019 at 2:00 p.m.
L/D to lodge order appointing mediator -- February 11, 2019 L/D to complete mediation -- April 2, 2019
2/12/19 -- Court approved order appointing mediators.
3/5/19 -- Court approved stipulation continuing pretrial conference to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/15/19 -- Court approved stipulation continuing pretrial conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
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Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Firstmark Access Group Pro Se
Nelnet Loan Service Inc Pro Se Educational Credit Management Represented By
Scott A Schiff
AccessLex Institute dba Access Represented By Scott S Weltman
AccessLex Institute dba Access Represented By Scott S Weltman
Deutsche Bank ELT Access Group Pro Se
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
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Adv#: 2:18-01436 KURTZ v. Sandoval et al
fr. 2-12-19
Docket 1
5/1/19 - Eric Alan Mitnick, (310)792-5864, has been approved for telephonic appearance on 5/7/19 @ 2pm
5/6/29 - Carmela Pagay, 310)229-1234, has been approved for telephonic appearance on 5/7/19 @ 2pm
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
4/15/19 -- Court approved stipulation setting aside defaults entered against Felix Sandoval, Juan Sandoval, Brenda Servin, Manuel Servin. Responses are due 14 days after entry of order.
Tentative Ruling for May 7, 2019:
There was a deadline for filing answers. Rather than filing answers, defendants submitted settlement offers, but it appears that those offers have not yet been accepted. Court does not want to keep setting new deadlines for the filing of answers. Unless there is a settlement in principle, defendants should file answers.
Debtor(s):
Manuel Rene Servin Pro Se
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Defendant(s):
Felix R. Sandoval Represented By Eric A Mitnick
Juan Sandoval Pro Se
Manuel Rene Servin Pro Se
Brenda Marisela Servin Pro Se
Joint Debtor(s):
Brenda Marisela Servin Pro Se
Plaintiff(s):
HEIDE KURTZ Represented By Carmela Pagay
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay
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Adv#: 2:18-01297 Berkhahn v. Wells Fargo Education Financial Services et al
fr. 11-27-18, 2-5-19
Docket 1
5/1/19 - Bonni Mantovani, (818) 657-5216 has been approved for telephonic appearance on 5/7/19 @ 2pm
5/3/19 - Sanaz Bereliani, (310)914-0152, has been approved for telephonic appearance on 5/7/2019 @ 2pm
5/6/19 - Randy Mroczynski, (714)431-1026, has been approved for telephonic appearance on 5/7/19 @ 2pm.
11/9/18 -- Court approved stipulation discharging plaintiff's liability on Navient loan and dismissing Navient and SLM as defendants in this action.
Tentative Ruling for November 27, 2019:
The unilateral status report filed by counsel for plaintiff (although first page of report left identity of party represented blank) represents that plaintiff has
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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.
Final Ruling for November 27, 2018:
Court continued status conference to February 5, 2019 at 2:00 p.m. Parties shall file joint status report not later than January 22, 2019.
1/9/19 -- Court granted Dept. of Education's request for stay of proceeding in light of government shutdown. Court will continue status conference from time to time until stay has been lifted.
Tentative Ruling for February 5, 2019:
Now that government has reopened, at least temporarily, what would the Department of Education like to do with the deadlines in this action? Hearing required.
2/20/19 -- Court approved scheduling order with following dates: Cont'd status conference -- May 7, 2019 at 2:00 p.m.
L/D to file updated status report -- April 23, 2019 L/D to complete discovery -- July 12, 2019
3/7/19 -- Court approved stipulation dismissing Department of Education as defendant.
5/2/19 -- Court approved stipulation resolving action as against Salander Enterprises.
Tentative Ruling for May 7, 2019:
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Is Wells Fargo the only remaining defendant at this point or do other defendants remain? What is the status of the action as against the remaining defendant(s)? Discuss with parties problem of both giving the plaintiff a judgment as against a single defendant and dismissing that defendant from the action. Should the court order the remaining parties to mediation?
Debtor(s):
Rachael Ann Berkhahn Represented By Sanaz S Bereliani
Defendant(s):
Wells Fargo Education Financial Pro Se Salander Enterprises, LLC, Assinee Represented By
Bonni S Mantovani
U.S. Dept of Education Represented By Elan S Levey
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#: 2:19-01060 Darnell v. Sanchez
Docket 1
4/23/19 - George Paukert, (310)850-0231, has been approved for telephonic appearance on 5/7/19 @ 2pm
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):
Judith Anne Sanchez Represented By George J Paukert
Defendant(s):
Judith Anne Sanchez Represented By George J Paukert
Plaintiff(s):
Alma Darnell Represented By Kathy McCormick
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:19-01062 Gonzalez v. Sanchez et al
Docket 1
4/23/19 - George Paukert, (310)850-0231, has been approved for telephonic appearance on 5/7/19 @ 2pm
Discuss with parties what issues remain unresolved now that property has been transferred back to debtor and her husband. Should this matter proceed to mediation with the related action? Hearing required.
Debtor(s):
Judith Anne Sanchez Represented By George J Paukert
Defendant(s):
Bobbio Sanchez Represented By George J Paukert
Lance B. Sanchez Represented By George J Paukert
Plaintiff(s):
Rosendo Gonzalez Represented By Carolyn A Dye
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
2:00 PM
Adv#: 2:18-01081 Gonzalez v. Zamora et al
fr. 8-28-18, 11-6-18, 2-5-19
Docket 16
- NONE LISTED -
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 have 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
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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.
Final Ruling for November 6, 2018:
Continue hearing to February 5, 2019 at 2:00 p.m. to see whether debtor can get the trustee the information that he requires.
Tentative Ruling for February 5, 2019:
Ordinarily, if debtors refuse to cooperate, the Court dismisses their bankruptcy case and may do so with a bar; however, that is not the relief the trustee is seeking here. The trustee is seeking a judgment barring the debtors' discharge, but he has not provided any admissible evidence of anything other than the debtors' lack of cooperation.
The trustee has identified various representations made in the debtors schedules, but has not provided any evidence that these representations are false. The closest thing to any such evidence is the following statement by
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the trustee in his original declaration: "After the conclusion of the meeting of creditors, I received information from a creditor as to the Debtors' alleged ownership in the real property commonly described as 7220 S. Western Avenue, Los Angeles, CA 90047 (the "Property") and operation of a business under the name of "Las Palomas Night Club" (the "Night Club"). This is not admissible evidence to support the proposition that the debtors owned this property or operated this night club. Presumably, the trustee could obtain such evidence from sources other than the debtor if he would like to demonstrate that the debtors schedules are false, but he has not done so.
Continue the hearing (again) to give the trustee an opportunity to obtain admissible evidence to demonstrate that debtors have made false oaths in their schedules.
Tentative Ruling for May 7, 2019:
Based on the trustee's latest declaration and exhibits, it appears that the debtors have provided false testimony on their statement of financial affairs and at the meeting of creditors under section 341(a) by failing to disclose the transfer of the property, the Las Palomas Business. The debtor has failed to give the trustee any documents concerning this transaction or the disposition of any proceeds that they received in exchange for the transfer of these interests. Therefore, the court is prepared to grant the motion and bar the debtors from receiving a discharge under sections 727(a)(3) (based on their concealment or failure to maintain records concerning this transaction and the disposition of the proceeds), 727(a)(4)(A) (based on their false oaths in failing to disclose this transaction) and 727(a)(4)(D) (based on their having withheld from the trustee documents/records concerning their property and financial affairs). Court is not in a position to find that the transfer itself was made with the intent to hinder, delay or defraud creditors (giving rise to a basis to bar the debtors' discharge under section 727(a)(2)) as the court does not have enough information concerning the circumstances surrounding the transaction to find all of the required elements.
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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 Rosendo Gonzalez
2:00 PM
Adv#: 2:18-01081 Gonzalez v. Zamora et al
fr. 5-29-18, 8-28-18, 11-6-18, 2-5-19
Docket 1
- NONE LISTED -
If Court grants motion for default judgment, take status conference off calendar. If Court continues hearing on 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
Trustee(s):
Rosendo Gonzalez (TR) Represented By
2:00 PM
Rosendo Gonzalez
2:00 PM
Adv#: 2:19-01003 Bochner et al v. Jackson
Docket 17
- NONE LISTED -
Grant in part. Grant default judgment under sections 523(a)(2)(A), 523(a)(2)
and 523(a)(6) finding that amounts awarded by state court judgment are nondischargeable under these sections.
Debtor(s):
Santiago R Jackson Represented By Daniel King
Defendant(s):
Santiago R. Jackson Pro Se
Movant(s):
Dan Z. Bochner Represented By Jacky P. Wang Jacky Wang
Dean A. Bochner Represented By Jacky P. Wang Jacky Wang
Plaintiff(s):
Dan Z. Bochner Represented By Jacky P. Wang Jacky Wang
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Dean A. Bochner Represented By Jacky P. Wang Jacky Wang
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01003 Bochner et al v. Jackson
fr. 3-5-19
Docket 1
2/14/19 - Default entered against Santiago R. Jackson
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):
Santiago R Jackson Represented By Daniel King
Defendant(s):
Santiago R. Jackson Pro Se
Plaintiff(s):
Dan Z. Bochner Represented By Jacky P. Wang Jacky Wang
Dean A. Bochner Represented By Jacky P. Wang
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Trustee(s):
Jacky Wang
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
Docket 7
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/25/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Movant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
2:00 PM
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
#212.00 Beverly Hills Bestfields Investments, Inc. Motion to Dismiss Adversary Proceeding fr. 4-2-19
Docket 11
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/25/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Movant(s):
Beverly Hills Bestfields Represented By Nami Kang
2:00 PM
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
fr. 4-2-19
Docket 1
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/25/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
2:00 PM
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01130 Leslie v. Broidy et al
Docket 2
- NONE LISTED -
Defendants have no legal right to be in possession of the property. There is no lease agreement. Defendants have known since the case was filed that they would need to turnover possession of the property to the chapter 7 trustee. Grant motion. Enter order requiring defendants to vacate premises immediately.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Defendant(s):
Alan F. Broidy Pro Se
Heather B Broidy Pro Se
Movant(s):
Sam S. Leslie Represented By Rosendo Gonzalez
Plaintiff(s):
Sam S. Leslie Represented By Rosendo Gonzalez
Trustee(s):
Sam S Leslie (TR) Represented By
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Rosendo Gonzalez
10:00 AM
Docket 1233
- NONE LISTED -
Fox parties agreed not to interfere with the trustee's efforts to promptly close the case. The automatic stay is for the benefit of the estate and the debtor, not for third parties. Overrule objection. Grant motion.
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 76
- NONE LISTED -
Grant motion. Approve settlement.
Debtor(s):
Norma Lee Letendre Represented By Renee E Sanders
Trustee(s):
John J Menchaca (TR) Represented By Zi Chao Lin
10:00 AM
fr. 8-2-17, 11-15-17, 4-10-18, 7-18-18, 10-24-18, 2-27-19
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.
Tentative Ruling for February 26, 2019:
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In light of tentative ruling for matter no. 101, continue hearing on claim objection to give new chapter 7 trustee an opportunity to decide how he or she would like to proceed with regard to this objection to claim.
5/1/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 8, 2019.
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
10:00 AM
Approval Of Fee Settlement Agreement And Mutual Release
Authority To Pay Previously Allowed Fees And Expenses
Docket 275
NONE LISTED -
Grant motion. Authorize payment to LNBYB of reduced amount ($400,000) and amounts previously allowed to AM, less payments already made to the firm, from the proceeds of sale. (Has the sale closed?)
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 23
NONE LISTED -
Court entered order granting relief from stay to the lender that holds a lien on the debtor's cash collateral on April 30, 2019. When does the lender anticipate that a foreclosure sale will occur? Aren't there operating expenses that should be paid between now and the date of the foreclosure sale?
Hearing required.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
Crystle Jane Lindsey
10:00 AM
Docket 864
5/6/19 - J. Scott Bovitz, (213)346-8300, has been approved for telephonic appearance on 5/8/19 @ 10am
Parties have filed a new stipulation authorizing use of cash collateral through June 30, 2019 and mooting the pending motion. Court deems debtor to have withdrawn the motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
MOVANT: JPMORGAN CHASE BANK, N.A.
Docket 48
5/8/19 - Arnold Graff, (858)750-7675, has been approved for telephonic appearance on 5/14/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Gilbert R Yabes
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: GATEWAY ONE LENDING & FINANCE
Docket 10
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Brenda Perez Represented By
Francis Guilardi
Movant(s):
Gateway One Lending & Finance Represented By
Karel G Rocha
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 9
NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Edwin Isaacs Pro Se
Movant(s):
Honda Lease Trust Represented By Vincent V Frounjian
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: CAB WEST LLC
Docket 9
5/6/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 5/14/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Michael Sacco Represented By Keith Q Nguyen
Movant(s):
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: MELVIA PINKARD
Docket 7
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Shaun-teka Chena Joyner Pro Se
Movant(s):
Melvia Pinkard Represented By Paul E Gold
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: M & A GABAEE
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Sang Myon Lee Represented By Young K Chang
Movant(s):
M&A Gabaee, a California Limited Represented By
Stacey A Miller
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Docket 147
5/10/19 - Merdaud Jafarnia, (619)955-1521, has been approved for telephonic appearance on 5/14/19 @ 10am
5/13/19 - Joon M. Khang, (949)419-3834, has been approved for telephonic appearance on 5/14/19 @ 10am
This is a chapter 11 case. Therefore, even if there is no equity in the property, so long as the value of the property is not declining and the property is insured, adequately maintained, etc., the court will not grant relief "for cause" based on a lack of equity. The more relevant issue, therefore, is whether movant is entitled to relief under section 362(d)(2).
Debtor claims that this property is necessary to the plan that it has proposed because the debtor will be using the rents currently being generated by this property to partially fund the plan. That plan is currently set for a disclosure statement hearing at 2:00 p.m. on June 5, 2019. Court is not yet ready to conclude that the plan is unlikely to be confirmed within a reasonable period. (Court will make that determination in connection with its consideration of the debtor's disclosure statement, and any objections that the movant may interpose thereto.) Deny movant's motion without prejudice now or, if movant prefers and consents to an extension of the time limits set forth in section 362(e), continue hearing to date of hearing on debtor's disclosure statement.
10:00 AM
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
10:00 AM
MOVANT: U.S. BANK NATIONAL ASSOCIATION
Docket 179
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Movant(s):
U.S. Bank National Association Represented By
Dane W Exnowski
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
10:00 AM
MOVANT: 490 OAK STREET PROPERTIES, LLC
Docket 22
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
490 Oak Street Properties, LLC Represented By Thomas M Geher
10:00 AM
MOVANT: 490 OAK STREET PROPERTIES, LLC
Docket 23
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
490 Oak Street Properties, LLC Represented By Thomas M Geher
2:00 PM
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.
Tentative Ruling for February 26, 2019:
Trustee has just filed a motion to convert case to chapter 7 on negative
2:00 PM
notice. Continue case status conference to May 14, 2019 at 2:00 p.m to be heard concurrently with status conference in adversary proceeding filed by trustee. APPEARANCES WAIVED ON FEBRUARY 27, 2019.
Tentative Ruling for May 14, 2019:
Case has now been converted to chapter 7. Court does not ordinarily conduct periodic status conferences in chapter 7 cases. Court will notice a new status conference if it would like the trustee to appear at a status conference in this case. APPEARANCES WAIVED ON MAY 14, 2019.
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
2:00 PM
Adv#: 2:18-01338 Yoo v. Timberland Bank
Complaint by Timothy J. Yoo against Timberland Bank fr. 1-8-19, 1-29-19
Docket 1
- NONE LISTED -
11/21/18 -- Court approved stipulation giving defendant until December 12, 2018 to respond to complaint.
12/14/18 -- Court approved stipulation continuing status conference to January 29, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
Tentative Ruling for January 29, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
2:00 PM
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01337 Yoo v. Timberland Bank et al
#202.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))
Complaint by Timothy J. Yoo against Timberland Bank fr. 1-8-19, 1-29-19
Docket 1
- NONE LISTED -
11/21/18 -- Court approved stipulation giving defendant until December 12, 2018 to respond to complaint.
12/14/18 -- Court approved stipulation continuing status conference to January 29, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
Tentative Ruling for January 29, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
2:00 PM
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Timberland Bank c/o Glass & Represented By Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
fr. 1-15-19
Docket 1
Why don't the parties want this matter sent to mediation? Hearing required. 1/17/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 14, 2019 at 2:00 p.m. L/D to file updated status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
1/25/19 -- Court approved order appointing mediators.
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
2:00 PM
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01262 Jindi Fshion INC, a California Corporation v. Kim
Docket 23
- NONE LISTED -
Grant motion. Enter default judgment in favor of plaintiff finding that
$361,199.93 is nondischargeable pursuant to section 523(a)(2)(A).
Debtor(s):
Evelyn Yangmi Kim Represented By Dale J Park
Defendant(s):
Evelyn Yangmi Kim Pro Se
Movant(s):
Jindi Fshion INC, a California Represented By Yong Bom Lee Hyong C Kim
Plaintiff(s):
Jindi Fshion INC, a California Represented By Yong Bom Lee Hyong C Kim
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:18-01262 Jindi Fshion INC, a California Corporation v. Kim
fr. 10-16-18, 1-29-19, 3-12-19
Docket 1
- NONE LISTED -
3/18/19 -- Court entered order striking defendant's answer and permitting plaintiff to proceed by way of default.
Tentative Ruling for May 14, 2019:
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):
Evelyn Yangmi Kim Represented By Dale J Park
Defendant(s):
Evelyn Yangmi Kim Pro Se
Plaintiff(s):
Jindi Fshion INC, a California Represented By Yong Bom Lee Hyong C Kim
2:00 PM
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:19-01041 FSP-SOUTH FLOWER ASSOCIATES, LLC v. Wiltsey
Docket 11
5/13/19 - R. Gibson Pagter, Jr, (714)541-6072, has been approved for telephonic appearance on 5/14/19 @ 2pm
Grant motion. Enter judgment in favor of plaintiff, declaring that amounts due under state court judgment are nondischargeable under Bankruptcy Code sections 523(a)(2)(A) and 523(a)(6).
Debtor(s):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
FSP-SOUTH FLOWER Represented By
R Gibson Pagter Jr.
Plaintiff(s):
FSP-SOUTH FLOWER Represented By
R Gibson Pagter Jr.
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Adv#: 2:19-01041 FSP-SOUTH FLOWER ASSOCIATES, LLC v. Wiltsey
fr. 4-9-19
Docket 1
5/13/19 - R. Gibson Pagter, Jr, (714)541-6072, has been approved for telephonic appearance on 5/14/19 @ 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):
Matthew Edward Wiltsey Pro Se
Defendant(s):
Matthew Edward Wiltsey Pro Se
Plaintiff(s):
FSP-SOUTH FLOWER Represented By
R Gibson Pagter Jr.
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
2:00 PM
Adv#: 2:18-01442 Martinez v. Peters et al
fr. 2-26-19
Docket 1
- NONE LISTED -
Continue status conference approximately 90 to 120 days. Discuss with parties the timing for sending the matter to mediation.
Debtor(s):
Kevin E. Peters Represented By
M. Jonathan Hayes
Defendant(s):
Kevin Edmond Peters Represented By
M. Jonathan Hayes
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Joint Debtor(s):
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Plaintiff(s):
Sharon Martinez Represented By
2:00 PM
Trustee(s):
John-Patrick M Fritz
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:18-01307 NG DIP LIQUIDATING TRUST v. City of Los Angeles
fr. 11-27-18, 2-12-19
Docket 1
- NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediatoin prior to date of continued status conference.
2/15/19 -- Court entered scheduling order with following dates: Cont'd status conference -- May 14, 2019 at 2:00 pm
L/D to file joint status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
22519 -- Court approved order appointing mediators.
4/30/19 -- Court approved stipulation continuing hearing to June 18, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 14, 2019.
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
2:00 PM
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#: 2:18-01362 NG DIP Liquidating Trust v. Lee + Lani, LLC
Docket 13
- NONE LISTED -
Tentative Ruling for April 2, 2019:
Motion provides copy of cleared check, but what was the transfer for? What admissible evidence has the trustee offered in support of the other elements necessary to state a claim under section 547(b)? Court expects plaintiff to actually prove up his case.
Final Ruling for April 2, 2019:
Continue hearing to May 14, 2019 at 2:00 p.m. Movant will file and serve supplemental declaration not later than April 23, 2019.
Tentative Ruling for May 14, 2019:
The email attached as Exhibit 1 to the Supplemental Declaration contains admissions sufficient to supply the missing information. Grant motion. Enter summary judgment in favor of plaintiff pursuant to bankruptcy code section 547(b) for $68,898.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek
2:00 PM
Lorie A Ball David B Shemano
Defendant(s):
Lee + Lani, LLC Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01362 NG DIP Liquidating Trust v. Lee + Lani, LLC
fr. 1-8-19, 2-12-19
Docket 1
- NONE LISTED -
12/4/18 -- Court signed order approving stipulation continuing response date to January 10, 2019 and continuing status conference to February 12, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for February 12, 2019:
Issue order striking response to complaint, as defendant is not an individual and may not appear except through counsel. (Person who filed response on defendant's behalf is not an attorney.) Continue status conference approximately 90 days.
2/15/19 -- Court entered order striking defendant's answer.
Tentative Ruling for May 14, 2019:
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):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
2:00 PM
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Defendant(s):
Lee + Lani, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01312 DDC Group, Inc. v. RDY Holdings LLC et al
fr. 3-5-19
Docket 20
5/10/19 -Kathleen Hateley, (213)334-4565, has been approved for telephonic appearance on 5/14/19 @ 2pm
Tentative Ruling for March 5, 2019:
This is not a subject matter jurisdiction problem. This is an issue of claim allowance and the bankruptcy court clearly has subject matter jurisdiction over that. Later caselaw under Rooker Feldman makes clear how limited the doctrine really is and that, in most instances, the issue is whether the prior judgment should or should not be given preclusive effect. As the court has observed, the prior judgment did not address things like the validity, extent of the security interest or the respective priorities of the parties claiming interest in the receivables. It did, however, give YesLender a money judgment against the debtor.
Therefore, the first issue that the Court needs to address is whether the bankruptcy court is precluded from revisiting the amount due YesLender. Neither party has briefed this issue under the proper legal framework.
As the court previously explained, Ninth Circuit caselaw establishes a two-step analysis for the preclusion question. The first question being whether or not the state court would give preclusive effect to the judgment in question and the second whether there are equitable factors or other circumstances that would make the application of preclusion doctrines inappropriate. The party asserting issue preclusion has the burden of proving all of the elements necessary to establish its availability. Under California law, issue preclusion is available if (1) the issue sought to be precluded from relitigation is identical to that decided
2:00 PM
in a former proceeding: (2) the issue was "actually litigated" in the former proceeding; (3) the issue was necessarily decided in the former proceeding; (4) the decision in the former proceeding is final and on the merits; and (5) the party against whom preclusion is sought was the same as or in privity with the party to the former proceeding. In re Plyam, 530 B.R. at 462. (Factors 1, 3 and 5 do not appear to be in dispute here.)
Even when the party asserting issue preclusion establishes the five threshold factors, application of issue preclusion is discretionary rather than automatic. In re Lopez, 367 BR. at 107-08. In exercising that discretion, the trial court ordinarily needs to consider the circumstances of the particular case and whether application of the doctrine in that case is fair and consistent with the policies underlying the doctrine. Baldwin v. Kilpatrick (In re Baldwin), 249 F.3d 912, 919–20 (9th Cir. 2001).
Although the standard requires that a matter have been "actually litigated" that does not necessarily mean that there needs to have been a trial on the merits. California case law treats default judgments as having been actually litigated for this purpose. The court does not know what California law is on the subject of confessions of judgment and whether those are treated the same as default judgments. Neither party has briefed this issue.
Debtor also claims that it is not too late for it to appeal or move to vacate the sister state judgment. If this is the case, the court can grant relief from the automatic stay to give the debtor an opportunity to do that in state court. This might simplify the issue preclusion analysis by letting the state court address the preclusion issues in the first instance.
However, even if the debtor succeeds in setting aside the California judgment, the court may still be faced with the question of whether or not to give preclusive effect to the Pennsylvania judgment, depending on the basis relied upon by the California court in deciding whether to vacate its sister State judgment. (For example, if the California state court granted the debtor's motion to vacate the sister state judgment on the ground that the PA confession of judgment was obtained by extrinsic fraud because YesLender never mentioned that the sale agreement contains what it describes as an obvious error as to the material terms of the agreement (the dollar amounts), such a finding would provide a sufficient basis for this court to decide that it is not required to give the judgment preclusive effect.)
It would be premature for this Court to opine on whether the debtor or YesLender is correct as to the effect of section 108 on the debtor's deadline to vacate the sister state judgment.
2:00 PM
Continue the hearing to give the parties yet another opportunity to address the issues that the court has outlined in this tentative ruling -- whether the sister state judgment is entitled to preclusive effect as to the issue of the amount due YesLender and whether section 108(a) or section 108(b) applies to the debtor's deadline to seek to set aside the sister state judgment.
Final Ruling for March 5, 2019:
Continue hearing to May 14, 2019 at 2:00 p.m. Debtor should file and serve a supplemental memorandum on two issues outlined in tentative ruling above not later than April 12, 2019. Defendant should file and serve a response to the debtor's memorandum not later than May 3, 2019. (Court noted that, once it had resolved the issue of how section 108 should apply to debtor's deadline for seeking to set aside the sister state judgment, if it is not too late for the debtor to file such a motion in state court, this court should grant relief from stay to permit the debtor to file such a motion.)
Tentative Ruling for May 14, 2019:
A confession of judgment is "actually litigated" for the purposes of res judicata/collateral estoppel much in the same way that a default judgment is actually litigated. The question is whether the forum state would give preclusive effect to the judgment, not whether there were really parties in court participating in an evidentiary hearing. See Klecha v. Bear, 712 Fed. Supp. 44 (M.D. Pa. 1989) ("According to Pennsylvania law, a judgment by confession operates as res judicata and bars examination 'of that judgment or any other claims arising out of the same transaction or nucleus of events'"); Zhang v. Southeastern Fin'l Group, 980 Fed. Supp. 787 (E.D. Pa. 1997) ("Under Pennsylvania law, a judgment by confession is a final judgment 'on the merits' which operates as res judicata to bar a collateral challenge to that judment or any claim arising out of the same underlying transaction or nucleus of events").
Therefore, unless the debtor can set aside the Pennsylvania confession of judgment, the issue of the amount of YesLender's claim will be determined by that judgment. As to whether or not it is too late for the debtor to do that, neither party has provided any useful analysis. The deadline for moving or petitioning to open the confession of judgment under Pennsylvania law is 30 days after notice of execution. PNC Bank v. Kerr, 802 Atlantic Reporter 2d 634 (PA 2002). As YesLender came to California to obtain a sister state judgment and obtained that only 3 days before the bankruptcy petition was filed, the Court assumes that this 30 day period had not run as of the time the debtor filed this bankruptcy
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case.
The steps that the debtor would need to take to set aside the confession of judgment under Pennsylvania law, or to set aside the sister state judgment under California law, do not require the commencement of a new action. They are tantamount to post-trial motions or appeals in the existing actions. Therefore, the applicable subpart of section 108 is 108(b), which applies to deadlines established by nonbankruptcy law for the debtor to take steps (such as filing an appeal) in a pending action.
Section 108(b) gives the debtor until the later of "(1) the end of such period, including any suspension of such period ocurring on or after the commencement of the case; or (2) 60 days after the order for relief" to take such action. Because both the Pennsylvania action and the California action were actions against the debtor, they were stayed by the commencement of the bankruptcy case. Therefore, the debtor will have until the remainder of the time that the debtor would have had to take the action as of the petition date once the court grants relief from stay and 60 days after the order for relief to take the steps required under applicable nonbankruptcy law to set aside the Pennsylvania and/or the California judgment.
Grant relief from stay to permit the debtor to take the steps necessary under applicable nonbankruptcy law to attempt to set aside the Pennsylvania confession of judgment and the California sister state judgment. Order granting relief should make clear that, for the purpose of assessing the timeliness of any such actions on the debtor's part, the nonbankruptcy court should disregard any time that elapsed between the petition date and the effective date of the court's order granting relief from stay. (Order should also set an outside date for the debtor to take such steps, in that it is the intention of this court only to grant relief from stay to the extent necessary to permit the parties to litigate to a final judgment, including any and all appeals and post-trial motions, and not to grant relief from stay to permit enforcement, and it may be that, under Pennsylvania law, the only way to trigger a deadline for the debtor to file the petition to open the confession of judgment is for YesLender to serve a notice of execution, which would be beyond the scope of the relief from stay that this court is prepared to grant.)
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
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
fr. 12-11-18, 3-5-19
Docket 1
5/10/19 -Kathleen Hateley, (213)334-4565, has been approved for telephonic appearance on 5/14/19 @ 2pm
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
2:00 PM
M. Jonathan Hayes
10:00 AM
Docket 95
4/30/19 - Maria Matherly, (310)809-7340, has been approved for telephonic appearance on 5/15/19 @ 10am
It does not matter how much the property could be sold for if the trustee did not prevail in the quiet title action. Two handwriting experts have opined that Christodoro's signature on the grant deed to debtor is not genuine. It was the trustee's business judgment that he should abandon the quiet title action and the two other claims due to the cost of proceeding to trial and the low probability of prevailing. Now the trustee has been offered $69,000 for the estate's rights with regard to these actions. It is the trustee's business judgment that entering into this transaction would be in the best interest of the estate. And this is the relevant issue here -- what would be in the best interest of the estate and its creditors. The oppositions here are from the debtor and her mother, the latter of whom recommends that the estate's interest in these actions be abandoned rather than sold. Clearly, the estate would be better off selling an asset than abandoning it. The trustee has demonstrated that the A&C factors have been satisfied. Overrule objections and grant motion.
Christodoro has interposed evidentiary objections to statements made in the debtor's opposition to the motion, but there is no evidence offered in support of the opposition. There is no declaration. Court will not entertain evidentiary objections to argument that is not supported by a declaration. None of the attachments to the opposition constitute evidence. None is authenticated by a declaration. No foundation is provided by a declaration.
Similarly, there is no reason to interpose evidentiary objections to the factual assertions made in Lupe Powell's opposition. These factual asserts are not
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supported by the declaration of Daniel Powell, who represents that he is Lupe Powell's attorney of record in Los Angeles Superior Court Case no.
YC071564. This declaration is sufficient to authenticate the transcript and discovery responses attached to the declaration. Anything else contained in the declaration is inadmissible under the best evidence rule. This Court does not need Mr. Powell's description of the testimony provided at that deposition.
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Trustee(s):
Jason M Rund (TR) Represented By Kathleen J McCarthy Thomas H Casey
10:00 AM
The Bankruptcy Automatic Stay
The Fair Debt Collection Practices Act The Rosenthal Fair Debt
Collection Practices Act
Docket 21
NONE LISTED -
NONE LISTED -
Debtor(s):
Sheila Starns Hardison Represented By
Rabin J Pournazarian
L. Tegan Rodkey
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 11
5/7/19 = Amelia Valenzuela, (310)640-3070, has been approved for telephonic appearance on 5/15/19 @ 10am
The application states that the source of the retainer was the debtor and the debtor's earnings, but the retainer agreement says something different (and incomprehensible). Require proposed counsel to file new declaration explaining source of retainer and providing other information requested in
U.S. Trustee's opposition.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
Crystle Jane Lindsey
10:00 AM
Docket 164
NONE LISTED -
Tentative Ruling for May 1, 2019:
Continue hearing to give debtor an opportunity to file a supplemental declaration attesting to the features/options on the vehicle and the condition, mileage, etc. of the vehicle. Has the debtor been making payments on this vehicle post petition? Has the loan balance been reduced since May 5, 2018?
Final Ruling for May 1, 2019:
Continue hearing to May 15, 2019 at 10:00 a.m. Debtor should file and serve supplemental declaration addressing issues raised in tentative ruling not later than May 8, 2019.
Tentative Ruling for May 15, 2019:
Grant motion. Value vehicle at $11,377.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
10:00 AM
Movant(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
11:00 AM
Purchase/Sale Agreement Of Estates Interest In Personal Property [Debtors Claims/Causes Of Action Relating To State Court Lawsuit] Pursuant To 11
U.S.C. § 363
Overbidding Process fr. 3-6-19, 3-13-19
Docket 15
Tentative Ruling for March 13, 2019:
Court will not conduct a claim estimation proceeding before permitting the trustee to sell whatever rights the debtor may have against State Farm. Sale will be on an as-is, where is basis. Court is not going to perform the due diligence for a prospective purchaser. If, in fact, the claim isn't worth anything, it is clearly in the best interest of the estate to sell it to anyone willing to pay money for it.
State Farm is not a creditor asserting a claim against the debtors. As the prospective defendant in the action, it does not have standing to complain that an insufficient amount is being paid to the estate in exchange for this sale. (And State Farm is in a better position that anyone else to assess whether this claim has value or not. State Farm was involved in the transaction and should be well versed with the facts and circumstances that either do, or do not, give rise to a bad faith claim against it.)
Moreover, in light of the limited amount of claims that have been filed to date and the manner in which the proposed sale is structured, at present, it appears that the proposed sale will generate enough to satisfy claims and the
11:00 AM
debtor's exemption in full. Creditors do not stand to benefit from the trustee's selling this asset at a higher price. And it should be noted that the estimation of a claim in bankruptcy and all of the authorities and statutes cited by State Farm in its opposition refer to the definition, allowance and estimation of claims AGAINST the estate, not claims held by the estate.
At hearing on motion to dismiss adversary proceeding that purchaser filed against debtor, debtor represented that State Farm has agreed to pay purchasers' $7M claim in full. Is this an accurate representation? If so, what if any value is there to the agreement of purchasers to waive this (unfiled) claim? If not and there is value to the claim waiver, how could any other overbidder deliver comparable value? (Trustee reports that, as of the date of the declaration (January 31, 2019), four claims had been filed in the case totalling $2,168.26. That does not appear to be correct. On January 23, 2019, Navient Solutions filed a proof of claim for $7,142.38.)
Is it the trustee's intention that any prospective overbidder should be required to increase its bid if the debtor successfully asserts an exemption with regard to the proceeds of sale so that any overbid would be comparable?
Are there any parties interested in overbidding? Hearing required.
Tentative Ruling for May 15, 2019:
The current bid from the Leyvas appears sufficient to pay all claims against the estate (other than the Leyvas' claim, which is to be waived as part of the sale) and satisfy any exemption asserted by the debtors. If this is the case, there is no reason to permit overbidding as the only beneficiary of any surplus would be the debtor, who does not oppose this motion (and it would be inappropriate for the debtor to receive any profit from the sale of the bad faith claim in any event). Grant motion. Approve sale to Leyvas without overbidding.
11:00 AM
Debtor(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Movant(s):
Rosendo Gonzalez (TR) Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
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):
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
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):
Roberto Velasquez Heredia Represented By Kian Mottahedeh
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
[Fees requested: $38335.00, Expenses: $2036.49]
fr. 4-10-19
Docket 163
NONE LISTED -
Applicant argues that it was not inappropriate to utilize the services of Mr. Merrit because there are plenty of roles essential to the administration of the estate that have nothing to do with the practice of law. If this is the case and the basis for which applicant seeks compensation for services rendered by Mr. Merrit, court agrees that it is more appropriate to allow compensation for these services at the firm's paralegal rate than at the rate it charges for attorneys. Accordingly, reduce fees requested by $4,060 to adjust hourly rate accordingly.
Prior approval of fees was on an interim basis. US Trustee cannot/should not be estopped from contesting fees allowed in response to prior application as that allowance was an interim allowance only, which means, by definition, that objections can be raised for the first time in response to the final fee application. Court agrees with US Trustee that it is inappropriate for the applicant to lump time spent over a period of days into a single time entry or to include multiple tasks in a single time entry. Therefore, descriptions, even if they refer to a single task, that relate to a period of days must either be disallowed or supplemented, and tasks that relate to services performed on a single day that include multiple tasks in a single description must either be disallowed or supplemented.
US Trustee identifies time entries that fall into this category that total 28
2:00 PM
hours, or $10,975 in services. Either disallow this additioinal amount or, if applicant prefers, continue hearing to give applicant an opportunity to file a supplemental declaration in which these entries are divided into services rendered in each category each day.
5/10/19 -- Court approved stipulation between applicant and U.S. Trustee pursuant to which applicant will be allowed on a final basis fees of $31,170 and costs of $2,036.49. OFF CALENDAR. APPEARANCES WAIVED ON MAY 15, 2019.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
fr. 6-19-18, 11-20-18, 1-17-19, 2-21-19, 4-25-19
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
2:00 PM
Adv#: 2:18-01359 NG DIP Liquidating Trust v. I-parcel, LLC
fr. 1-8-19, 2-26-19, 4-2-19, 4-30-19
Docket 1
NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
2/28/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
4/3/19 -- Court approved stipulation continuing response date to April 29, 2019, and continuing status conference to May 21, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
5/7/19 -- Court approved stipulation continuing response date to June 7, 2019 and continuing status conference to July 2, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 21, 2019.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
2:00 PM
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
Defendant(s):
I-parcel, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01361 NG DIP Liquidating Trust v. Lavish Alice
fr. 1-8-19, 4-2-19
Docket 1
NONE LISTED -
(Court was not served with copy of complaint.)
3/29/19 -- Court approved stipulation pursuant to which motion for default judgment was withdrawn, defendant was given until May 13, 2019 to respond to complaint and status conference was continued to May 21, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 2, 2019. NO APPEARANCE REQUIRED.
5/7/19 -- Court approved stipulation continuing response date to June 7, 2019 and continuing status conference to July 2, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 21, 2019.
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):
Lavish Alice Pro Se
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01367 NG DIP Liquidating Trust v. United Parcel Service, Inc.
fr. 1-8-19, 2-26-19, 4-2-19, 4-30-19
Docket 1
NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
2/28/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
4/3/19 -- Court approved stipulation continuing response date to April 29, 2019, and continuing status conference to May 21, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
5/7/19 -- Court approved stipulation continuing response date to June 7, 2019 and continuing status conference to July 2, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 21, 2019.
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):
United Parcel Service, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
10:00 AM
GH Cooper Properties, Inc.
2:18-bk-14756BR
Docket 0
- NONE LISTED -
Take appearances on the record in courtroom and then invite parties to chambers for mediation.
Debtor(s):
G.H. Cooper Properties Represented By Simon Aron
Trustee(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Kurt Ramlo Gary E Klausner
10:00 AM
Associated Third Party Administrators(ATPA) 2:16-23679SK
2:17-AP-01369SK
2:17-AP-01456SK
Docket 0
- NONE LISTED -
Take appearances on the record in courtroom and then invite parties to chambers for mediation.
Debtor(s):
Associated Third Party Represented By Ron Bender Lindsey L Smith
Jacqueline L James Eve H Karasik Todd M Arnold Edward M Fox Jeffrey S Kwong Richard W Esterkin Kurt Ramlo
Danning Gill Diamond & Kollitz LLP
Trustee(s):
Richard K Diamond (TR) Represented By Aaron E de Leest Howard Kollitz Sonia Singh
10:00 AM
Danning Gill Diamond & Kollitz LLP Walter K Oetzell
Zev Shechtman Jerrold L Bregman Jason B Komorsky Susan K Seflin
Brutzkus Gubner Rozansky Seror Weber LLP
10:00 AM
MOVANT: BRITT MATTHEW ANDERSEN
Docket 26
- NONE LISTED -
Grant in part and deny in part. Annul the automatic stay, including waiver of 14-day stay, to the extent necessary to let movant proceed to a final judgment against defendant but permit enforcement only against insurance proceeds.
Deny request that defendant/debtor's answer or discovery or discovery orders be stricken or that sanctions be imposed. Court will not determine whether objections to discovery have been waived. Issues of this kind can be resolved in state court.
Debtor(s):
SCC Transport, Inc. Represented By
W. Derek May
Movant(s):
Britt Matthew Andersen Represented By David S Hagen
Trustee(s):
Timothy Yoo (TR) Represented By Daniel H Reiss
10:00 AM
MOVANT: FINANCIAL SERVICES VEHICLE TRUST
Docket 12
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
John Sobanski Represented By Matthew D. Resnik
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 8
5/20/19 - Vincent V. Frounjian, (818)859-7511, has been approved for telephonic appearance on 5/28/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
XU DONG Represented By
Alice Lin
Movant(s):
Honda Lease Trust Represented By Vincent V Frounjian
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE LLC
Docket 8
5/14/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 5/28/19 @ 10am
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Celena Nicole Cervantes Represented By Eugene M Palacios
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC. DBA GM FINANCIAL
Docket 11
5/14/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 5/28/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sheri Y. Dixon Represented By Steven B Lever
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Jennifer H Wang
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: ACAR LEASING LTD DBA GM FINANCIAL LEASING
Docket 11
5/14/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 5/28/19 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Liria M Melendez Represented By
James D. Hornbuckle
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: NAVY FEDERAL CREDIT UNION
Docket 8
5/23/19 - Bonni Mantovani, (818)657-5216, has been approved for telephonic appearance on 5/28/19 @ 10am
Grant with waiver of Rule 4001(a)(3) for cause pursuant to section 362(d)(1) only.
Debtor(s):
Daniel Harney Simard Represented By David H Chung
Movant(s):
Navy Federal Credit Union Represented By Bonni S Mantovani
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: BAYVIEW LOAN SERVICING, LLC.
Docket 15
- 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 Ernesto Molina Pro Se
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 10
5/20/19 - Austin P. Nagel, (925)855-8080, has been approved for telephonic appearance on 5/28/19 @ 10am
Grant with waiver of Rule 4001(a)(3) and annulment.
Debtor(s):
Mathew Alexander Yuriditsky Represented By
Raj T Wadhwani
Joint Debtor(s):
Donna Yuriditsky Represented By
Raj T Wadhwani
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: CAB WEST, LLC.
Docket 9
5/14/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 5/28/19 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Fabiana Marcela Rodriguez Represented By Giovanni Orantes
Movant(s):
Cab West, LLC Represented By Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY
Docket 170
5/22/19 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 5/28/19 @ 10am
This is a chapter 11 case. Therefore, even if there is no equity in the property, so long as the value of the property is not declining and the property is insured, adequately maintained, etc., the court will not grant relief "for cause" based on a lack of equity. The more relevant issue, therefore, is whether movant is entitled to relief under section 362(d)(2).
Debtor claims that this property is necessary to the plan that it has proposed because the debtor will be using the rents currently being generated by this property to partially fund the plan. That plan is currently set for a disclosure statement hearing at 2:00 p.m. on June 5, 2019. Court is not yet ready to conclude that the plan is unlikely to be confirmed within a reasonable period. (Court will make that determination in connection with its consideration of the debtor's disclosure statement, and any objections that the movant may interpose thereto.) Deny movant's motion without prejudice now or, if movant prefers and consents to an extension of the time limits set forth in section 362(e), continue hearing to date of hearing on debtor's disclosure statement.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
10:00 AM
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey
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, 9-27-18, 10-9-18, 1-15-19, 4-16-19
Docket 1
- NONE LISTED -
9/25/18 -- Court approved stipulation continuing hearing to October 9, 2018 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2018.
Tentative Ruling for October 9, 2018:
Revisit status of action after conclusion of hearing on motion for summary judgment.
1/9/19 -- Court approved stipulation continuing discovery cutoff to April 30, 2019 and continuing status conference to April 16, 2019 at 2 pm. OFF
CALENDAR FOR JANUARY 15, 2019.
Tentative Ruling for April 16, 2019:
Are the parties on track to complete their discovery by April 30, 2019? Where is the joint status report that should have been filed two weeks before the status conference?
Set deadline for filing any additional pretrial motions, and set date for pretrial conference. Discuss with the parties whether it would be appropriate to send this matter to mediation.
2:00 PM
4/15/19 -- Court approved stipulation continuing status conference to May 28, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for May 28, 2019:
Where is the joint status report that should have been filed two weeks before the status conference?
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 O'Dea
Rika Kido
2:00 PM
Adv#: 2:18-01370 Kim v. Kim et al
Complaint by Elan Kim against Won Il Kim, Yohan Lee, Jake Y Jung fr. 1-15-19, 4-16-19
Docket 1
- NONE LISTED -
Continue status conference for approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
1/17/19 -- Court approved scheduling order setting following dates: L/D to lodge order appointing mediators -- February 11, 2019
L/D to complete mediation -- February 16, 2019 L/D to file joint status report -- April 2, 2019
Cont'd status conference -- April 16, 2019 at 2:00 p.m. 2/12/19 -- Court approved order appointing mediators.
Tentative Ruling for April 16, 2019:
Parties report that they agreed on a settlement amount at mediation but that they are working on the settlement agreement. Is this just an exercise in memorializing what was agreed to at the mediation or are there open issues concerning the material terms of the agreement? How long do the parties anticipate that it will take them to complete this drafting process? Hearing required.
5/8/19 -- Court approved order stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
Elan Kim Represented By
Dale J Park
Defendant(s):
Won Il Kim Represented By
Jack G Cairl
Yohan Lee Represented By
Stella A Havkin
Jake Y Jung Represented By
Stella A Havkin
Plaintiff(s):
Elan Kim Represented By
Dale J Park Dale J Park
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01078 Dye v. Villatoro et al
Docket 1
- NONE LISTED -
Will parties be stipulating to vacate the default of defendant Escobar? Set discovery cutoff for late October, 2019. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Julio Villatoro Represented By Julie J Villalobos
Defendant(s):
Maria Villatoro Represented By Marcella Lucente
Julio Villatoro Represented By Marcella Lucente
Aldolfo Escobar Pro Se
Joint Debtor(s):
Maria Villatoro Represented By Julie J Villalobos
2:00 PM
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:18-01354 NG DIP Liquidating Trust v. C & R Insurance Services, Inc.
fr. 1-8-19, 2-26-19
Docket 1
- NONE LISTED -
12/11/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
Tentative Ruling for February 26, 2019:
At request of parties (in status report), continue hearing to May 28, 2019 at 2:00 p.m. Parties should file joint status report not later than 14 days before date of continued status conference. APPEARANCES WAIVED ON FEBRUARY 26, 2019.
4/16/19 -- Court approved stipulation dismissing action. STATUS CONFERENCE 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
2:00 PM
Defendant(s):
C & R Insurance Services, Inc. Represented By Michael Jaeger
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
10:00 AM
Docket 14
- NONE LISTED -
Vacate OSC. Debtor is now in compliance. All installments have been paid. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Aaron Browder Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 25
- NONE LISTED -
Court entered an order on October 2, 2018, directing respondent Lisa Haney to pay debtor Claudia Chavez $350 within 30 days after entry of the order and to file a declaration attesting to her compliance within 45 days after entry of order. Court has not received a compliance declaration and therefore must assume that Ms. Haney has not complied with its October 2 order.
Grant motion. Fine Ms. Haney $500 pursuant to section 110(h)(5) for failing to comply with October 2 order and enjoining her from working as a bankruptcy petition preparer pursuant to section 110(j)(3).
Debtor(s):
Claudia Chavez Pro Se
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 243
- NONE LISTED -
Grant motion to dismiss, but deny request that dismissal be with a bar. Debtor has failed to obtain replacement counsel or appear at 341(a) meetings, but court is willing to permit debtor to refile if and when it is prepared to prosecute the case.
Debtor(s):
Ninja Metrics, Inc. a Delaware Represented By
Shawn M Christianson
Movant(s):
United States Trustee (LA) Represented By Ron Maroko Kenneth G Lau
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 1137
5/28/19 - Hutchinson Meltzer, (213)269-6240, has been approved for telephonic appearance on 5/29/19 @ 10am
Grant motion. Approve compromise, subject to payment of amounts due Wolf Rifkin firm directly from the trustee.
Debtor(s):
Morry Waksberg MD Represented By
Steven Karlton Kop - DISBARRED - 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 1131
5/28/19 - Hutchinson Meltzer, (213)269-6240, has been approved for telephonic appearance on 5/29/19 @ 10am
Once compromise has been consummated, how long does trustee believe it will be before he will be in a position to close the case?
Debtor(s):
Morry Waksberg MD Represented By
Steven Karlton Kop - DISBARRED - 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 832
- NONE LISTED -
Grant motion. Approve compromise, subject to payment of amounts due Wolf Rifkin firm directly from the trustee.
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 826
- NONE LISTED -
Once compromise has been consummated, how long does trustee believe it will be before he will be in a position to close the case?
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 1272
- NONE LISTED -
According to the motion and the plan, the Plan Trustee has the authority to settle the claims at issue without notice, motion or court approval. Why should these documents be filed with the court at all? Filing them under seal accomplishes nothing as parties in interest won't be able to view the material terms or assess whether the settlement is in anyone's best interest.
Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
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 Michael Simon
10:00 AM
Timothy W Evanston
10:00 AM
Docket 1
- NONE LISTED -
How has the debtor been doing with regard to meeting its projections? Are quotes converting to orders at the rate the debtor had anticipated? Has debtor succeeded in operating in accordance with its cash collateral budget or have there been significant variances? If so, in what areas?
Hearing required.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub
10:00 AM
Docket 39
5/13/19 - Amelia Valenzuela, (310)640-3070, has been approved for telephonic appearance on 5/29/19 @ 10am
There are many problems with this motion. First of all, is there still any financing commitment and, if so, to what entity. Exhibit B to the motion expired by its own terms on March 26, 2019 and describes a proposed loan to Ninesquare Holdings, not the debtor. In order to effectuate this loan, the debtor would need to transfer the property back to Ninesquare Holdings.
The debtor's principal, Brian Lam, promises to make a gift of the remaining balance necessary to fund the loan, but how much will that be? According to the payoff demand, additional interest accrues at the rate of $581.25 per day after May 6, 2019. And does Lam actually have the money to provide this gift? The only evidence of that is a snapshot taken of the balance in an account as of April 26, 2019. This isn't a bank statement and the court has no way to know whether the required funds have been spent or otherwise transferred out of the account after this "snapshot" was taken.
The debtor seeks a finding that the proposed lender is acting in good faith. Based on what? There is no information in the motion as to who this lender is or how the debtor located the lender. Are there any connections between the lender and the debtor or any of its affiliates that we should know about?
There is no declaration from anyone, let alone the proposed lender, on this subject.
The court will not authorize a "priming loan" on these facts. If the debtor wants to put the new lender in first position with regard to the collateral, it will need to payoff all senior liens. Any lien authorized would be a lien that is
10:00 AM
junior to all existing encumbrances. Debtor can transform that into a senior lien by paying any other liens ahead of it.
But why does this loan need to be approved by the bankruptcy court at all? If the debtor really is ready, willing and able to enter into this financing agreement, would it make more sense to simply dismiss the bankruptcy case (again with a bar to refiling) and permit the debtor to attempt the financing outside of bankruptcy? The lender already has relief from stay and is voluntarily forbearing from conducting its foreclosure sale to give the debtor an opportunity to consummate this financing. How would this change if the case were dismissed?
Hearing required.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
Crystle Jane Lindsey
10:00 AM
Docket 1
5/13/19 - Amelia Valenzuela, (310)640-3070, has been approved for telephonic appearance on 5/29/19 @ 10am
Revisit status of case after conclusion of hearing on financing motion.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
10:00 AM
Docket 20
- NONE LISTED -
5/24/19 -- Court approved stipulation resolving motion. OFF CALENDAR.
Debtor(s):
Richard Michael Cruz Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Set bar date and deadline for serving notice of bar date. Continue case status conference approximately 90 days.
Debtor(s):
Richard Michael Cruz Pro Se
10:00 AM
Docket 31
5/28/19 - William Krall, (949)496-8101, has been approved for telephonic appearance on 5/29/19 @ 10am
Filing an opposition to a motion to dismiss or convert is not the appropriate vehicle for requesting an extension of time to file or submit required documents. Has counsel ever handled a chapter 11 case in this court before?
This is the debtor's second chapter 11 case since March 22 of this year. If the debtor planned to immediately refile after dismissal of her first case (based on the debtor's failure to take the prepetition credit counseling course), why wasn't counsel ready to go with the required documents in the second bankruptcy case? It seems that the debtor lacks either the will or the expertise necessary to properly prosecute this chapter 11 case.
Grant motion. Convert case to chapter 7.
Debtor(s):
Rebecca Primicias Prudencio Represented By William E Krall
10:00 AM
Docket 1
5/28/19 - William Krall, (949)496-8101, has been approved for telephonic appearance on 5/29/19 @ 10am
Debtor has failed to file the initial status report required by this Court's April 12, 2019 Order Setting Scheduling and Case Management Conference.
Revisit status after conclusion of hearing on related matter on calendar.
Debtor(s):
Rebecca Primicias Prudencio Represented By William E Krall
10:00 AM
Docket 284
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 294
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 298
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 285
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 286
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
fr. 4-30-19
Docket 271
- NONE LISTED -
Overrule objection of Spice Affair. Disclosure statement need not include specific information about the merits of each claim objection. Neither feasibility of the plan nor the best interest of creditors test will turn on the outcome of any of these claim objections. The same amount will be paid on account of unsecured claims, regardless of the amount of these claims. The debtor's claim objections are no more or less likely to have merit in chapter 7 or in chapter 11. Although the outcome of these claim objections will determine the estimated percentage of recovery for unsecured creditors, the court can proceed to confirmation with the information provided on these issues.
There is no requirement for a corporate chapter 11 debtor that it devote 100 percent of its disposable income to the payment of claims for a period of five years. Nor is there any requirement in chapter 11 that the debtor use its "best efforts" to pay the highest return possible to unsecured creditors. There is, however, a best interest of creditors' test, which compares the plan recovery to what creditors would receive in chapter 7 and there is a requirement that the debtor be acting in good faith. However, there is also a feasibility requirement that cuts in the other direction. Were the debtor to commit to the payment of every penny of projected disposable income to the payment of claims, it would be difficult for the debtor to establish feasibility. If the creditor believes that there is more money available that could be paid to creditors, creditor may object to confirmation on the ground that the plan was not filed in
10:00 AM
good faith.
The court has a number of other questions and comments 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 motion.
OFF CALENDAR. DEBTOR HAS NOW FILED SECOND AMENDED DISCLOSURE STATEMENT.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 310
- NONE LISTED -
What is the debtor's response to Spice Affair's remaining objection? Plan still states that it will be amended once the adversary proceeding is resolved with regard to the secured claims. Plan should simply state how treatment will be affected by the outcome so that the plan already works regardless of outcome and does not need to be amended.
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
- 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 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.
10/9/18 -- Court signed scheduling order setting deadline of December 31,
10:00 AM
2018 for filing plan and disclosure statement.
Tentative Ruling for May 29, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 20
- NONE LISTED -
Debtor reports that she is unable to attend this hearing due to mother's having been admitted to hospital. Continue hearing to June 12, 2019 at 10:00 a.m. to give debtor another opportunity to attend hearing.
Debtor(s):
Gloria Mondragon Martinez Represented By Irma C Coler
Trustee(s):
John J Menchaca (TR) Pro Se
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, 11-28-18
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.
Tentative Ruling for May 29, 2019:
Continue post-confirmation status conference to December 4, 2019 at 11:00
11:00 AM
a.m. Reorganized Debtor should file updated status report not later than November 20, 2019. APPEARANCES WAIVED ON MAY 29, 2019.
Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
Amelia Puertas-Samara
11:00 AM
MOVANT: CENTER STREET LENDING FUND IV SPE, LLC. fr. 11-27-18, 12-12-18, 2-6-19, 2-27-19, 4-17-19
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.
Tentative Ruling for May 29, 2019:
Revisit motion after conclusion of hearings on related matters on calendar.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
11:00 AM
Movant(s):
Center Street Lending Fund IV SPE, Represented By
Kristin A Zilberstein
11:00 AM
Docket 176
- NONE LISTED -
The deadline that the debtor failed to meet was a deadline established by this court for the purpose of moving this matter along. It is not a deadline established by statute or rule and it is within the court's discretion to extend this deadline or relieve the debtor from the consequences of having failed to meet the deadline. In the absence of a showing of prejudice, the Court is inclined to overlook the fact that the debtor filed this objection on April 29, rather than April 26, and claimant has been given the 30 days notice of hearing required by the bankruptcy rules.
With regard to the merits, this Court rejects the argument that there is any meaningful distinction between default interest that falls due when an installment isn't paid on time and default interest that falls due when the principal balance isn't paid on time. The California Supreme Court has never endorsed this position. As the Supreme Court stated in Garrett v. Coast & Southern Fed. Sav. & Loan Ass'n, 9 Cal. 3d 731 (1973), "when it is manifest that a contract expressed to be performed in the alternative is in fact a contract contemplating but a single, definite performance with an additional charge contingent on the breach of that performance, the provision cannot escape examination in light of pertinent rules relative to the liquidation of damages."
Section 1671(b) is applicable, but it is the debtor's burden to establish that the amount of the default interest charged is unreasonable and does not represent the result of a reasonable endeavor by the parties to estimate a fair average compensation for any loss that the lender may sustain from the debtor's failure to pay in a timely manner.
11:00 AM
Deem the matter to be an adversary proceeding for procedural purposes and discuss with parties how much time they will require, if any, for discovery before they will be ready for an evidentiary hearing.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Movant(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
11:00 AM
fr. 3-14-18, 6-13-18, 8-1-18, 10-2-18, 12-12-18, 2-6-19, 2-27-19, 4-17-19
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.
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.
Tentative Ruling for February 6, 2019:
Discuss with parties whether it would be better for the court to appoint a chapter 11 trustee or to convert the case to chapter 7. Hearing required.
Tentative Ruling for April 17, 2019:
If court approves disclosure statement, set plan confirmation schedule.
Tentative Ruling for May 29, 2019:
At hearing held April 19, 2019, Court conditionally approved disclosure statement and directed debtor to file final version of plan and disclosure statement and lodge order approving disclosure statement by April 30, 2019.
11:00 AM
Docket does not reflect the filing of an amended plan or disclosure statement. Why not?
Hearing required.,
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
2:00 PM
fr. 4-11-18, 8-15-18, 10-3-18, 10-24-18, 1-16-19
Docket 1
- NONE LISTED -
Continue post-confirmation status conference to December 4, 2019 at 11:00
a.m. Reorganized Debtor should file updated status report not later than November 20, 2019. APPEARANCES WAIVED ON MAY 29, 2019.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
2:00 PM
Docket 259
- NONE LISTED -
Sale closed on April 18, 2019. At closing, debtors paid all secured claims, the stipulated unsecured claim of Keros and the administrative claim of compass, the debtor's real estate broker, in full at closing. Debtor's counsel is currently holding sufficient funds to pay all remaining payments due under the plan.
As the plan provides for payment in full of all classes of claims with interest, all classes are unimpaired, there was no solicitation and all classes are deemed to have accepted the plan.
Confirm the plan. Discuss with counsel the form of the order confirming plan.
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
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, 11-28-18, 2-12-19, 3-5-19, 3-20-19, 4-2-19
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:
2:00 PM
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?
2:00 PM
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.
Tentative Ruling for February 12, 2019:
Revisit status of case after conclusion of hearing on disclosure statement. (Debtors do not need to keep answering all questions in the original order setting the status conference in subsequent status reports. They only need to apprise the court of the current status of the case and significant developments since the last status conference.)
Tentative Ruling for March 5, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for April 3, 2019:
Is court correct in assuming that, if sale closes, debtors will be dismissing this case rather than confirming a plan? Hearing required.
Tentative Ruling for May 29, 2019:
If court confirms plan, take status conference off calendar and schedule post- confirmation status conference in approximately 120 days to make sure that all required payments have been made in a timely manner.
Debtor(s):
Paul Stuart Shepherd Represented By Ron Bender Todd M Arnold
2:00 PM
Beth Ann R Young
Joint Debtor(s):
GiGi Renee Shepherd Represented By Ron Bender Todd M Arnold
Beth Ann R Young
2:00 PM
fr. 3-14-18, 5-16-18, 5-30-18, 8-1-18, 10-24-18, 12-12-18, 1-16-19, 2-27-19,
4-10-19
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
Tentative Ruling for January 16, 2019:
Revisit status of motion after conclusion of related matters on calendar.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Tentative Ruling for May 29, 2019:
Revisit status of motion after conclusion of related matters on calendar.
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 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, 12-12-18, 1-16-19, 2-27-19, 4-10-19
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
2:00 PM
Tentative Ruling for May 29, 2019:
See tentative ruling for matter no. 206.
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, 10-24-18, 12-12-18, 1-16-19, 2-27-19, 4-10-19
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.
Final Ruling for December 12, 2018:
2:00 PM
Continue all hearings to January 16, 2019 at 2:00 p.m. Debtor will pay
$3,500 to lender, delivered to counsel, by 3:00 p.m. on Friday, December 14, 2019. If debtor does not pay this amount, counsel for lender may file a declaration and court will grant motion to convert. Debtor should file updated status report by January 14, 2019 containing evidence and argument as to appropriate amount of adequate protection payment to pay each month. (Regular payment under loan is approximately $6,900; plan contemplates monthly payment of $8,000.)
Tentative Ruling for January 16, 2019:
Debtor reports that, in family law mediation on November 9, 2019, debtor and husband agreed to temporary support at the rate of $8,000. Debtor anticipates generating an additional $2,500 per month by renting out the property located at 530 South Bentley, commencing in July. Debtor also receives approximately $4,133 per month (paid quarterly) from a partial real estate interest that she inherited post-petition from her father. Debtor reports having made the first $3,500 payment and has a bankruptcy mediation scheduled for January 18, 2019.
Require debtor to make a second adequate protection payment, this one for
$4,500 and continue hearings another 30 days to give the parties an opportunity to participate in bankruptcy mediation.
Final Ruling for January 16, 2019:
Continue hearing to February 27, 2019 at 2:00 p.m. Debtor must pay $4,500 to lender by 4 pm on Friday, January 18, 2019 and $4,500 to lender by February 15, 2019 as adequate protection. If there is a further stipulation to continue, court will condition continuance on continuing payments.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Tentative Ruling for April 10, 2019:
Debtor's declaration states that she has made the court ordered adequate
2:00 PM
protection payments of $3,500/month to Union Bank starting on December 13, 2018, but this is not what the court ordered.
The court ordered a $3,500 payment by December 14, 2018 and payments of
$4,500 per month by January 18, 2019 and February 15, 2019. Did the debtor make payments in these increased amounts?
What, if any, additional progress has been made toward a compromise with Union Bank? Discuss with debtor whether plan can be confirmed without the consent of Mark DeVitre. Increase required monthly adequate protection payments to $5,000 per month.
OFF CALENDAR. SECOND AMENDED DISCLOSURE STATEMENT HAS BEEN FILED.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
2:00 PM
Docket 228
- NONE LISTED -
At hearing held April 10, 2019 on prior version of debtor's disclosure statement, court directed debtor to make adequate protection payments to lender at the rate of $5,000 per month on the 15th of each month. Debtor now has temporary spousal support order requiring payments of $8,000 per month. (Lender contends that this consists of $4,164 for spousal support and
$3,836 for child support and that the spousal support will continue until 2020 and the child support will end in 2025.) Debtor also receives income from a property in which she inherited an interest ($14,000 per quarter? $12,500 per quarter?).
Debtor's future income cannot be considered part of the new value contribution. New value needs to be money or money's worth in existence now. The disclosure statement is misleading on this issue. She can contribute money from other sources to shore up feasibility, but only the cash on hand and cash that she will be borrowing to put into the plan at or before the effective date can be considered a new value contribution. How much will the amount of her new value contribution be? The court cannot evaluate whether it is necessary or sufficient without knowing how much she intends to contribute and the source of such contributions.
What is the debtor's response to the lender's objections? Is there some agreement that permits the debtor to retain 100 percent of the rental income generated by the property even though the debtor and her estranged spouse co-own the property? How did the debtor arrive at the valuation used in the plan? Where does the reduced liquidation value come from? How/why does she claim a homestead exemption in property that was not her residence as
2:00 PM
of the petition date that she claims is not her principal residence (so that she can modify the mortgage payments)? How would she have an exemption for
$450,000? Does she plan to amend her schedules to claim an exemption in the house?
If the debtor borrows from her 401(k), do her projections take into account any taxes or penalties or repayment obligations resulting from this withdrawal? Do the debtor's projections take into account any taxes that the debtor will have to pay? If not, does the debtor have a tax opinion upon which she relies in concluding that she won't have to pay any taxes?
The modification section of the plan needs to be modified to include the prospect that third parties can seek to modify the plan. Is there a discussion in the disclosure statement about 1129(a)(15)? The debtor should make a representation as to whether or not she is satisfying the requirements of this section.
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. 6-28-17, 10-4-17, 1-24-18, 2-28-18, 3-14-18, 5-16-18, 5-30-18, 10-24-18,
12-12-18, 1-16-19, 2-27-19, 4-10-19
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?
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.
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.
2:00 PM
Tentative Ruling for August 1, 2018:
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Tentative Ruling for May 29, 2019:
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
MOVANT: ERNEST FINANCIAL, LLC.
Docket 95
6/3/19 - Elsa Horowitz, (310)478-4100 x 6608, has been approved for telephonic appearance on 6/4/19 @ 10am
Grant motion, with waiver of Rule 4001(a)(3) and annulment.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Ernest Financial, LLC Represented By Elsa M Horowitz
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
Matthew Andersen v. Juan Garcia, SCC Transport, Inc. et al; Docket No. BC616524; Los Angeles Superior Court . Inc., Panalpina Group and Panalpina World Transport, Ltd.
MOVANT: PANALPINA, INC., PANALPINA GROUP AND PANALPINA WORLD TRANSPORT, LTD.
Docket 31
- NONE LISTED -
Grant, including annulment (which will mean that any post-petition actions taken, including the conduct of discovery, will not have been a violation of the automatic stay), but without waiver of Rule 4001(a)(3). Authorize movant to proceed to a final judgment, but permit enforcement only as against insurance proceeds.
Debtor(s):
SCC Transport, Inc. Represented By
W. Derek May
Movant(s):
Panalpina, Inc., Panalpina Group and Represented By
Ashley Beagle
Trustee(s):
Timothy Yoo (TR) Represented By Daniel H Reiss
10:00 AM
MOVANT: USB LEASING LT
Docket 20
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Michael T. Garcia Represented By Craig G Margulies
Movant(s):
USB Leasing LT Represented By
Dane W Exnowski
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: BMW BANK OF NORTH AMERICA
Docket 8
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Orlando Jose Castillo Represented By Miguel A Munoz
Movant(s):
BMW Bank of North America Represented By Cheryl A Skigin
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: SANTA FE LOFTS PACIFIC OWNER, LLC.
Docket 8
- NONE LISTED -
Deny motion as moot. Case has been dismissed and motion does not seek extraordinary relief or annulment. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Keith Pratt Pro Se
Movant(s):
Santa Fe Lofts Pacific Owner, LLC Represented By
Agop G Arakelian
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: ALTADENA LINCOLN CROSSING, LLC.
Docket 883
- NONE LISTED -
Court is not fond of granting relief from stay to permit only part of an action to proceed, yet the claims that EWB seeks to bring are claims for (judicial) foreclosure, specific performance of assignment of rents, appointment of receiver, etc., and court has not yet decided that it would be appropriate to permit EWB to continue foreclosure proceedings. If debtor would like to bring lender liability claims against EWB in state court, can't it simply file a new action seeking such relief? The automatic stay would not bar the commencement of such an action. Is there a statute of limitations problem at this point with the debtor's bringing a new action against EWB?
Hearing required.
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
MOVANT: MARCO GENERAL CONSTRUCTION, INC.
Docket 13
6/3/19 - Michael Berger, (310)271-6223x450, has been approved for telephonic appearance on 6/4/19 @ 10am
Grant motion. Grant relief from stay to permit parties to litigate to a final judgment, including any post-trial motions and appeals. Enforcement should remain stayed.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
Movant(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
Adv#: 2:18-01430 Leslie (TR) v. Alaberdyan
fr. 2-12-19, 2-26-19
Docket 1
- NONE LISTED -
1/18/2019 -- Court approved stipulation extending deadline to respond to complaint to January 23, 2019.
1/28/19 -- Court approved stipulation continuing status conference to February 26, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 12,
2019.
Tentative Ruling for February 26, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
2/27/19 -- Court signed scheduling order with following dates: Cont'd status conference -- June 4, 2019 at 2:00 p.m.
L/D to file joint status report -- May 21, 2019 L/D to complete mediation -- June 4, 2019
L/D to lodge order appointing mediators -- Marchy 18, 2019 3/20/19 -- Court approved order appointing mediators.
5/3/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 4, 2019.
2:00 PM
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Nina Alaberdyan Represented By Stella A Havkin
Plaintiff(s):
Sam S Leslie (TR) Represented By Brandon J Iskander
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:18-01263 Manjikian v. Triskell Restorations Inc a California corporation
fr. 10-16-18, 12-4-18, 2-5-19
Docket 1
5/28/19 - Jerry Hemme, (858)587-3555, has been approved for telephonic appearance on 6/4/19 @ 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.
Tentative Ruling for February 5, 2019:
2:00 PM
Where is the joint status conference that should have been filed 14 days before the status conference? Hearing required.
2/13/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- June 4, 2019 at 2:00 p.m.
L/D to file joint status report -- May 21, 2019 L/D to complete mediation -- June 4, 2019
L/D to lodge order appointing mediator -- February 22, 2019 2/26/19 -- Court approved order appointing mediators.
Tentative Ruling for June 4, 2019:
Where is the joint status report that should have been filed two weeks before the status conference? Did the parties complete a day of mediation as previously ordered by the court? If not, why not? Hearing required.
6/3/19 -- Court signed stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
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
2:00 PM
American Contractors Indemnity Represented By
Natasha K Buchanan
Plaintiff(s):
Viken Manjikian Represented By Matthew D Taylor
2:00 PM
Adv#: 2:19-01017 Bradley D. Sharp, Chapter 7 Trustee v. Global Merchant Cash, Inc.
Docket 12
6/3/19 - Elissa Miller, (213)617-5296, has been approved for telephonic appearance on 6/4/19 @ 2pm
Grant motion. Enter judgment for trustee for the avoidance of a preferential transfer in the amount of $84,332.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Defendant(s):
Global Merchant Cash, Inc. Pro Se
Movant(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
Plaintiff(s):
Bradley D. Sharp, Chapter 7 Trustee Represented By
Elissa Miller
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
Adv#: 2:19-01001 Travelers Express Company Inc. v. Barahona et al
Docket 18
- NONE LISTED -
Grant request for dismissal, but discuss with parties documentation of remainder of the parties' agreement. Stipulation has been filed, but no order or judgment thereon has ever been lodged.
Debtor(s):
Julio Alberto Barahona Represented By Francis Guilardi
Defendant(s):
Julio Alberto Barahona Pro Se
Jessica Rios Pro Se
Joint Debtor(s):
Jessica Rios Represented By
Francis Guilardi
Plaintiff(s):
Travelers Express Company Inc. Represented By
Robert L Rentto
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:18-01451 Christodoro v. Idleman
Docket 22
5/15/19 - Bobby Samini, (949)333-7212, has been approved for telephonic appearance on 6/4/19 @ 2pm
How much did the plaintiff incur in attorneys' fees in the various actions and what theory of recovery is plaintiff relying on as a basis for recovering his attorneys' fees?
Hearing required.
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Defendant(s):
Lucie Idleman Pro Se
Movant(s):
Jonathan Christodoro Represented By Bobby Samini
Plaintiff(s):
Jonathan Christodoro Represented By Bobby Samini
Trustee(s):
Jason M Rund (TR) Represented By
2:00 PM
Kathleen J McCarthy Thomas H Casey
2:00 PM
Adv#: 2:18-01451 Christodoro v. Idleman
fr. 2-26-19
Docket 1
1/11/19 - Another summons issued.
1/3/19 -- Court approved order appointing mediators. Tentative Ruling for February 26, 2019:
Plaintiff's unilateral status report (which should have been accompanied by a declaration) states that plaintiff does not consent to entry of a final order by the bankruptcy court. This is a core action under bankruptcy code sections 523 and 727. There is no "Stern v. Marshall" issue here. The bankruptcy court can enter a final order without plaintiff's consent.
Defendant has failed to respond to complaint in a timely manner. 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. Tentative Ruling for June 4, 2019:
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):
Lucie Idleman Represented By
2:00 PM
Suzette Douglas
Defendant(s):
Lucie Idleman Pro Se
Plaintiff(s):
Jonathan Christodoro Represented By Bobby Samini
Trustee(s):
Jason M Rund (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
Adv#: 2:18-01335 Attessa Properties CA, LLC v. Idleman et al
fr. 12-11-18, 2-26-19
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.
12/18/18 -- Court approved stipulation with the following dates:
L/D to lodge order appointing mediators -- December 28, 2018 Cont'd status conference -- February 26, 2019 at 2:00 p.m.
L/D to complete mediation -- February 26, 2019 L/D to file joint status report -- February 12, 2019
Tentative Ruling for February 26, 2019:
Continue status conference for approximately 90 days. Extend deadline for the completion of mediation to date of continued status conference.
Tentative Ruling for June 4, 2019:
What will become of this action in light of court's approval of trustee's compromise? Hearing required.
6/3/19 -- Court approved stipulation continuing status conference to August
13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 4, 2019.
2:00 PM
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
Adv#: 2:18-01443 Metcalf v. Gardian
Docket 16
- NONE LISTED -
Did movant actually serve the document that contains the evidence in support of his motion on the defendant? There is no proof of service attached to the document.
Provided service is adequate, deny request for motion under section 523(a)
(2) and (a)(4), but grant motion under section 523(a)(6).
Hearing required.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A. Gardian Pro Se
Movant(s):
Marvin Metcalf Represented By Seth M Goldberg
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01443 Metcalf v. Gardian
fr. 2-26-19
Docket 1
2/5/19 - Request for Clerk to Enter Default Entered against Sam Gardian
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):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A. Gardian Pro Se
Plaintiff(s):
Marvin Metcalf Represented By Seth M Goldberg
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01444 Potts v. Gardian
Docket 16
- NONE LISTED -
Did movant actually serve the document that contains the evidence in support of his motion on the defendant? There is no proof of service attached to the document.
Provided service is adequate, deny request for motion under section 523(a)
(2) and (a)(4), but grant motion under section 523(a)(6).
Hearing required.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A Gardian Pro Se
Movant(s):
Ryan Potts Represented By
Seth M Goldberg
Plaintiff(s):
Ryan Potts Represented By
Seth M Goldberg
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01444 Potts v. Gardian
fr. 2-26-19
Docket 1
2/5/19 - Request for Clerk to Enter Default Entered against Sam Gardian
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):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A Gardian Pro Se
Plaintiff(s):
Ryan Potts Represented By
Seth M Goldberg
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01445 Redd v. Gardian
Docket 16
- NONE LISTED -
Did movant actually serve the document that contains the evidence in support of his motion on the defendant? There is no proof of service attached to the document.
Provided service is adequate, deny request for motion under section 523(a)
and (a)(4), but grant motion under section 523(a)(6).
Hearing required.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A Gardian Pro Se
Movant(s):
Regana Redd Represented By
Seth M Goldberg
Plaintiff(s):
Regana Redd Represented By
Seth M Goldberg
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:18-01445 Redd v. Gardian
fr. 2-26-19
Docket 1
2/5/19 - Request for Clerk to Enter Default Entered against Sam Gardian
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):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam A Gardian Pro Se
Plaintiff(s):
Regana Redd Represented By
Seth M Goldberg
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
10:00 AM
Docket 95
5/28/19 - Gerrick Warrington, (323)852-1000, has been approved for telephonic appearance on 6/5/19 @ 10am
Grant motion. Allow administrative claim in the amount of $9,910.65. APPEARANCES WAIVED. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
JUNG SHUP SIM Represented By Jaenam J Coe
Movant(s):
Boston Private Bank & Trust Represented By Gerrick Warrington Michael J Gomez
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
10:00 AM
Approving the Sale of Real Property of the Estate Free and Clear of Certain Liens Pursuant to Bankruptcy Code §§ 363(b)(1) and (f), Subject to Overbids, Combined With Notice of Bidding Procedures and Request for Approval of the Bidding Procedures Utilized
Approving Payment of Real Estate Commission
Approving Turnover of Real Property of the Estate
Granting Related Relief
Docket 125
6/3/19 - Julian Bach, (714)848-5085, has been approved for telephonic appearance on 6/5/19 @ 10am
What does the trustee mean that he reserves the right to request a carveout from the broker's commissions "if necessary"?
Approve overbid procedures. Grant motion. Approve sale to highest bidder.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Movant(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
10:00 AM
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
10:00 AM
Docket 36
- NONE LISTED -
Debtor did not respond to objection. Debtor did not reside in the property as of the petition date and the facts and circumstances do not suggest that she intends to make the subject property her domicile. Sustain objection to debtor's homestead exemption in Stockton property.
Debtor(s):
Obediah Maria Aceves Represented By Joy M Johnson
Movant(s):
Sam S Leslie (TR) Represented By Elissa Miller
Trustee(s):
Sam S Leslie (TR) Represented By Elissa Miller
10:00 AM
Docket 8
- NONE LISTED -
Debtor is a nonindividual not represented by counsel. Dismiss case pursuant to LBR 9011-2(a).
Debtor(s):
Western Pacific International, Inc Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 17
- NONE LISTED -
Deny debtor's request to continue hearing.
The Court entered an order granting in rem relief with regard to the property in question pursuant to Bankruptcy Code section 362(d)(4) on November 27, 2017. That order was recorded with the Los Angeles County Recorder's office on December 11, 2017. Therefore, it is binding and effective in any bankruptcy case commenced with regard to the property for a period of 2 years after entry of the order. As a result, no automatic stay went into effect with regard to the property when the current debtor filed bankruptcy on March 11, 2019 and the March 14, 2019 foreclosure sale did not violate the automatic stay.
Deny motion. (Take hearing on amended motion filed May 24, 2019 off calendar.)
Debtor(s):
Hyon Lee Pro Se
Movant(s):
Hyon Lee Pro Se
10:00 AM
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 314
- NONE LISTED -
There are a number of problems on both sides here. The debtor did not give at least 30 days notice of the hearing. The proof of claim contains no copy of any contract nor any intelligible supporting information or documentation. It cannot be determined from the proof of claim why the claimant is seeking payment of the specified amount. Therefore, it is not entitled to any kind of presumption. The declaration filed in support of the motion sufficiently authenticates the attachments but the attachments were not included. The only exhibit is a copy of the proof of claim. Nothing contained in the declaration explains the basis of the objection and the declaration does not lay a sufficient foundation for the declarant's reliance on any business records of the debtor.
In short, there is nothing here upon which the court could make a ruling of any kind. Continue the hearing. Set a deadline for the debtor to file an amended objection and a deadline for the creditor to file an amended response, if it considers that necessary. Court will give the parties an opportunity to conduct discovery and deem the matter to be an adversary proceeding for procedural purposes.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
10:00 AM
Docket 284
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 294
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 298
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 285
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
fr. 5-29-19
Docket 286
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 117
6/4/19 - Lewis Landau, (888)822-4340, has been approved for telephonic appearance on 6/5/19 @ 10am
Court is confused. What is the debtor's game plan here? Can the debtor's husband afford to make payments of $62,021.25 per month? (This will be in addition to whatever the debtor and her family need to spend to pay rent on another place to live.) What do the parties envision with regard to the automatic stay? Is it the parties' intention that the automatic stay would continue to prevent the new lender from foreclosing in the event that the debtor defaults on the payments on the new loan or is the new lender requiring that the order approving the financing include relief from the automatic stay? The new financing is due and payable in 12 months. How confident is the debtor that she will be able to find a purchaser for the property at a favorable price within this time frame?
Hearing required.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat James R Felton
Movant(s):
Lisa Frances Platt Represented By Douglas M Neistat James R Felton
10:00 AM
Docket 1
6/4/19 - Lewis Landau, (888)822-4340, has been approved for telephonic appearance on 6/5/19 @ 10am
Set bar date and deadline for debtor to serve notice of bar date. Continue status conference for approximately 90 days.
12/10/18 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- December 7, 2018
Bar date -- January 31, 2019
Cont'd status conference -- February 27, 2019 at 11 L/D to file updated status report -- February 8, 2019
Hearing on motion to employ real estate broker -- December 19, 2018 at 10
Tentative Ruling for February 27, 2019:
According to the debtor's status report, after entry of an order granting relief from stay to Beverly Loan Company, "the more valuable pieces [of jewelry] have been redeemed." How was this accomplished? What was the source of the funds used to redeem the jewelry and how much did this cost? How was this transaction structured?
Has debtor signed declaration in support of case status report? Now that court has signed order employing real estate broker, when does the debtor believe that she will be in a position to file a motion for approval of the sale?
Hearing required.
10:00 AM
4/10/19 -- Court entered order denying motion for relief from stay and directing US Trustee to appoint a chapter 11 trustee if debtor did not file either a motion to sell her real property or a motion for approval of refinancing by April 30, 2019. (If she does file such a motion, any party in interest that believes the motion is frivolous or otherwise lacking in merit may file and serve papers not later than May 6, 2019 explaining why it believes that the debtor should not be treated as having met the April 30, 2019 deadline and an ex parte application for appointment of a chapter 11 trustee, which the Court may resolve on the papers without further notice or opportunity for hearing.
Tentative Ruling for May 1, 2019:
Did debtor file either of the required motions by April 30, 2019? Hearing required.
Tentative Ruling for June 5, 2019:
Revisit status of case after conclusion of hearing on financing motion.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
11:00 AM
Docket 1
5/28/19 - Gerrick Warrington, (323)852-1000, has been approved for telephonic appearance on 6/5/19 @ 11am
Set bar date and deadline for serving notice of bar date. Continue status conference approximately 3 months.
3/4/19 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- March 6, 2019
Bar date -- May 10, 2019
Cont'd status conference -- June 5, 2019 at 11:00 a.m. L/D to file updated status report -- May 24, 2019.
Tentative Ruling for June 5, 2019:
How are the prospects for finding a long term tenant for the property? Has anyone expressed interest in possibly renting the property?
Set deadline of approximately four months for the debtor to file a plan of reorganization. If debtor still has not found a long term tenant by then, it may be time for the debtor to re-evaluate its reorganization strategy.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D. Resnik
11:00 AM
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D. Resnik
2:00 PM
fr. 4-30-19
Docket 73
- NONE LISTED -
Tentative Ruling for April 30, 2019:
Court agrees that, at present, it seems rather pointless to file a proof of claim at all, as the trustee has filed a no asset notice, but there is no statutory prohibition against filing a proof of claim in a case without assets. And there is no reason to doubt the appropriateness of class certification in this case, as the class that movant seeks to represent has already been certified in state court. And the filing of a proof of claim, even a class proof of claim, should not result in any significant delay in the closing of the case. Therefore, grant movant's request to permit the filing of a class proof of claim.
In addition, grant movant's request for relief from stay to proceed in state court. This is a "corporate" chapter 7 case. Debtor is not eligible for a discharge. Therefore, there will be no discharge injunction and, once the case has been closed, nothing would preclude such an action anyway. Although it might be pointless to name the debtor in a state court litigation if in fact it has no assets, it might be an important predicate to some other action that movant would like to take in state court as against a third party.
Final Ruling for April 30, 2019:
Claimants believe that there may be assets out there and/or fraudulent transfer claims. Continue hearing to June 5, 2019 at 2:00 p.m. Parties are
2:00 PM
instructed to ask trustee and/or trustee's counsel to appear at the continued hearing.
Tentative Ruling for June 5, 2019:
What is the trustee's position with regard to this motion? Have there been any communications between claimants and the trustee? Does the trustee believe that the estate has any valuable claims or causes of action? Hearing required.
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 Roman Shkodnik
Trustee(s):
Peter J Mastan (TR) Represented By Peter J Mastan
2:00 PM
Docket 336
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
El Paseo Jewelry Inc. Represented By Shai S Oved
Trustee(s):
Carolyn A Dye (TR) Represented By Miri Kim Wakuta Christian T Kim
James A Dumas Jr
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):
Hamid Rahimi Represented By
Hamid Soleimanian
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Lynda T Bui
Rika Kido
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):
Dorothy Jean Phillips Represented By Heather J Canning
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 323
- NONE LISTED -
Grant motion. Authorize interim distributions, subject to the conditions outlined by the trustee. Appearances waived. Movant is authorized to upload order consistent with tentative ruling.
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
[Fees requested: $137,268.44, Expenses: $0.00]
Docket 318
- NONE LISTED -
Grant application. Allow on interim basis fees of $137,268.44. Authorize payment of
$120,000 of this amount. 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
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
[Fees requested: $149,843.50, Expenses: $3,065.10]
Docket 321
- NONE LISTED -
Grant application. Allow on interim basis fees of $149,843.50 and costs of $3,065.10. 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):
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 Zev Shechtman
George E Schulman
2:00 PM
[Fees requested: $62,401.00, Expenses: $0.00]
Docket 320
- NONE LISTED -
Grant application. Allow on interim basis fees of $62,401. 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):
AL Relays, LLC Represented By Louis J. Cisz III
Philip W Allogramento Ian Landsberg
Movant(s):
Reed Smith LLP Pro Se
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Danning Gill Diamond & Kollitz LLP Zev Shechtman
George E Schulman
2:00 PM
[Fees requested: $18,854.00, Expenses: $128.74]
Docket 326
- NONE LISTED -
Where is written statement from client with regard to fee application?
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
2:00 PM
Docket 190
- NONE LISTED -
5/28/19 -- Court approved stipulation continuing hearing to July 17, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
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
2:00 PM
Yoo, former Chapter 11 Trustee, Period: 4/11/2018 to 3/6/2019
[Fees requested: $69,492.60, Expenses: $129.67]
Docket 184
- NONE LISTED -
Grant application. Allow on a final basis fees of $69,492.60 and no costs (as notice does not ask for any costs). (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Appearances waived. 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
2:00 PM
Docket 187
- NONE LISTED -
Grant application. Allow on a final basis fees of $105,739 and costs of $5,464.71. (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Appearances waived. 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
2:00 PM
[Fees requested: $31,164.00, Expenses: $0.00]
Docket 182
- NONE LISTED -
Grant application. Allow on an INTERIM basis fees of $31,164. (This is the relief requested in the application.) (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Appearances waived. 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
2:00 PM
[Fee requested $55,343.40, Expenses: $.0.00]
Docket 197
- NONE LISTED -
Overrule objections. Grant application, as modified in reply. Allow on a final basis fees of $54,560.30. Ratify payments made to date. (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
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
2:00 PM
Docket 218
- NONE LISTED -
5/28/19 -- Court approved stipulation continuing hearing to July 17, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
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
2:00 PM
Docket 212
- NONE LISTED -
Grant application. Allow on a final basis fees of $69,230.07 and no costs (as notice does not ask for any costs). (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Appearances waived. Movant is authorized to upload order consistent with tentative ruling.
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
2:00 PM
Docket 215
- NONE LISTED -
Grant application. Allow on a final basis fees of $86,237.50 and costs of $3,057.50. (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Appearances waived. Movant is authorized to upload order consistent with tentative ruling.
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
2:00 PM
[Fees requested: $44,310.00, Expenses: $0.00]
Docket 210
- NONE LISTED -
Grant application. Allow on an INTERIM basis fees of $44,310. (This is the relief requested in the application.) (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Appearances waived. Movant is authorized to upload order consistent with tentative ruling.
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
2:00 PM
[Fees requested: $110,686.80, Expenses: $.0.00]
Docket 224
- NONE LISTED -
Overrule objections. Grant application, as modified in reply. Allow on a final basis fees of $109,120.60. Ratify payments made to date. (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
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
2:00 PM
Docket 203
- NONE LISTED -
Lender's failure to object to use of cash collateral, employment of professionals or sale of assets does not constitute consent to a surcharge of collateral. See Compton Impressions, Ltd. v. Queen City Bank (In re Compton Impressions), 217 F.3d 1256 (9th Cir. 2000) ("Mere cooperation with the debtor does not make the secured creditor liable for all expenses of administration." "A secured creditor's consent to the payment of designated expenses, limited in amount, is not a blanket consent to be charged with additional expenses not included in the consent agreement.").
Movant takes the position that the entirety of the trustee's fees, the entirety of the accountant's fees, the entirety of the manager's fees and the majority of trustee's counsel fees should be surcharged against the collateral. This is not appropriate. The only amounts that may be surcharged are those funds that are expended directly to protect and preserve the collateral.
Continue hearing and instruct movant to file supplemental declarations from each of the professionals with an edited version of their time sheets showing only the charges that they contend related directly to the protection and preservation of the collateral.
Inasmuch as chapter 11 fees are subordinate to chapter 7 fees, the court assumes that the trustee does not intend to bring a surcharge motion with regard to any of his chapter 7 fees. Is this correct?
2:00 PM
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
[Fees requested: $73,421.15, Expenses: $63.24]
Docket 195
- NONE LISTED -
Grant application. Allow on a final basis fees of $73,421.15 and no costs (as notice does not ask for any costs). (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Appearances waived. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
[Fees requested: $102,715.50 Expenses: $2,700.72]
Docket 200
- NONE LISTED -
Court is not troubled by counsel's use of abbreviations and extent of lumping is limited. However, court agrees that efiling documents is clerical in nature and should not be included in hourly billing. Court has reviewed charges that are allegedly clerical in nature and has determined that only a fraction of the time shown should be disallowed (as efiling is generally combined with preparation of the document). Disallow $685 of fees sought on this ground. Allow balance of fees requested ($102,090.50) and costs ($2,700.72) on a final basis. (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Docket 196
- NONE LISTED -
Grant application. Allow on an INTERIM basis fees of $48,594. (This is the relief requested in the application.) (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Appearances waived. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
[Fees requested: $110,686.80, Expenses: $0.00]
Docket 209
- NONE LISTED -
Overrule objections. Grant application, as modified in reply. Allow on a final basis fees of $109,120.60. Ratify payments made to date. (Do not authorize payment at this time, as chapter 11 expenses of administration are subordinate to payment of chapter 7 expenses of administration.)
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
[Fees requested: $254,605.50, Expenses: $9,536.37]
Docket 243
- NONE LISTED -
Grant application. Allow on a final fees of $254,605.50 and costs of $9,536.37 for the current period. Allow on a final basis all amounts previously allowed on an interim basis. 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
2:00 PM
[Fees requested: $45,467.00, Expenses: $7,351.50]
Docket 247
- NONE LISTED -
Grant application. Allow on a final fees of $45,467 and costs of $7,351.50. 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
Movant(s):
Holmes Taylor Scott & Jones, LLP Pro Se
2:00 PM
MOVANT: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION fr. 5-14-19
Docket 147
5/10/19 - Merdaud Jafarnia, (619)955-1521, has been approved for telephonic appearance on 5/14/19 @ 10am
5/13/19 - Joon M. Khang, (949)419-3834, has been approved for telephonic appearance on 5/14/19 @ 10am
Tentative Ruling for May 14, 2019:
This is a chapter 11 case. Therefore, even if there is no equity in the property, so long as the value of the property is not declining and the property is insured, adequately maintained, etc., the court will not grant relief "for cause" based on a lack of equity. The more relevant issue, therefore, is whether movant is entitled to relief under section 362(d)(2).
Debtor claims that this property is necessary to the plan that it has proposed because the debtor will be using the rents currently being generated by this property to partially fund the plan. That plan is currently set for a disclosure statement hearing at 2:00 p.m. on June 5, 2019. Court is not yet ready to conclude that the plan is unlikely to be confirmed within a reasonable period. (Court will make that determination in connection with its consideration of the debtor's disclosure statement, and any objections that the movant may interpose thereto.) Deny movant's motion without prejudice now or, if movant prefers and consents to an extension of the time limits set forth in section 362(e), continue hearing to date of hearing on debtor's disclosure statement.
2:00 PM
Final Ruling for May 14, 2019:
Continue hearing to June 5, 2019 at 2:00 p.m. Movant should file supplemental declaration re taxes and insurance not later than May 24, 2019. Any response from the debtor should be filed and served not later than May 31, 2019.
Tentative Ruling for June 5, 2019:
Supplemental declaration does not explain how declarant knows that the debtor is not paying insurance or taxes. Debtor contends that he has paid for insurance coverage on the property. With regard to real property taxes, debtor concedes that he has not paid them, but claims that that is because the lender has paid the taxes before they were due.
How much has the lender paid toward real property taxes since this case was filed? Condition continuation of the automatic stay on the debtor's reimbursing the lender for post-petition taxes paid and continuing to pay real property taxes on a going forward basis.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
2:00 PM
MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY fr. 5-28-19
Docket 170
5/22/19 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 5/28/19 @ 10am
Tentative Ruling for May 28, 2019:
This is a chapter 11 case. Therefore, even if there is no equity in the property, so long as the value of the property is not declining and the property is insured, adequately maintained, etc., the court will not grant relief "for cause" based on a lack of equity. The more relevant issue, therefore, is whether movant is entitled to relief under section 362(d)(2).
Debtor claims that this property is necessary to the plan that it has proposed because the debtor will be using the rents currently being generated by this property to partially fund the plan. That plan is currently set for a disclosure statement hearing at 2:00 p.m. on June 5, 2019. Court is not yet ready to conclude that the plan is unlikely to be confirmed within a reasonable period. (Court will make that determination in connection with its consideration of the debtor's disclosure statement, and any objections that the movant may interpose thereto.) Deny movant's motion without prejudice now or, if movant prefers and consents to an extension of the time limits set forth in section 362(e), continue hearing to date of hearing on debtor's disclosure statement.
Final Ruling for May 28, 2019:
2:00 PM
Continue hearing to June 5, 2019 at 2:00 p.m.
Tentative Ruling for June 5, 2019:
Revisit motion after conclusion of related matters on calendar.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey
2:00 PM
Docket 153
- NONE LISTED -
See tentative ruling for matter no. 227.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
2:00 PM
Docket 151
- NONE LISTED -
If Chase believes a higher interest rate is necessary to pay it a market rate of interest, that can be addressed as a confirmation issue. With regard to the value of the property, what does Chase believe the value is? Does Chase have an appraisal? Why has the debtor disregarded the broker's price opinion that he obtained in response to Chase's motion for relief from stay in favor of a figure that the debtor acknowledges was based solely on the debtor's estimate of value?
The Court has a number of problems with the current form of the plan and disclosure statement:
The debtor needs to file a plan and disclosure statement without using the forms. There are too many sections that are blank and inapplicable and it is confusing.
Plan needs a section about new value contribution if debtor plans to make one. Disclosure statement needs a discussion of the absolute priority rule and the fact that this plan violates it and cannot be confirmed over the objection of any class of unsecured creditors.
There should not be any unused classes (classes left blank) in the plan. The debtor should only create the classes that it needs and number those classes starting with the number 1, then 2, then 3, etc.
The plan should include the treatment that the debtor proposes for each class of claims in the body of the plan and not in an attachment.
2:00 PM
The plan needs an introduction/narrative about how the debtor plans to reorganize, the source of his income, monthly payments, etc.
It is unclear from the plan whether the debtor is promising a set percentage payout to unsecureds or whether he is agreeing to make a set payment amount that is estimated to pay 2 percent on account of unsecured claims. (The court prefers the latter as it is easier to determine whether or not the debtor is in compliance with the terms of the plan.)
Exhibits F and G don't belong in a plan or a disclosure statement. The plan should describe how the debtor intends to treat the claims. If the debtor plans to file a claim objection and the plan treatment may be affected by the outcome of that claim objection, the plan should articulate what will happen in the various different eventualities.
The court may have other comments/corrections that will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
2:00 PM
Docket 1
1/29/19 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 2/6/19 @ 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.
2:00 PM
Final Ruling for November 7, 2018:
Continue status conference to February 6, 2019 at 11:00 a.m. Debtor should file and serve updated status report by January 25, 2019.
Tentative Ruling for February 6, 2019:
Debtor still has not filed plan and disclosure statement. Debtor should devise plan structure that will work no matter the outcome of the pending matters.
Set deadline for filing plan and disclosure statement for approximately 60 days. Continue case status conference to date that will coincide with date of hearing on disclosure statement.
2/12/19 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- April 22, 2019 Hearing on disclosure statement -- June 5, 2019 at 2:00 p.m. Cont'd case status conference -- June 5, 2019 at 2:00 p.m.
Tentative Ruling for June 5, 2019:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
2:00 PM
Docket 104
5/28/19 - Todd Arnold, (310)229-1234, has been approved for telephonic appearance on 6/5/19 @ 2pm
5/29/19 -- Court approved stipulation to continue hearing to June 12, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
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
Movant(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
2:00 PM
Docket 105
5/28/19 - Todd Arnold, (310)229-1234, has been approved for telephonic appearance on 6/5/19 @ 2pm
Grant application. Allow on interim basis fees of $118,837 and costs of $6,952.33. 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):
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
Movant(s):
Levene, Neale, Bender, Yoo & Brill Represented By
Martin J Brill
10:00 AM
MOVANT: PINGORA LOAN SERVICING, LLC.
Docket 15
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Scott Edward Keeling-Torrez Represented By Daniel King
Joint Debtor(s):
Erik B Keeling-Torrez Represented By Daniel King
Movant(s):
Pingora Loan Servicing, LLC Represented By Robert P Zahradka
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
362(c)(4)(A)(ii)
MOVANT: GREAT SOUTHERN BANK
Docket 26
5/15/19 - Kimberly Winick, (213)629-5700, has been approved for telephonic appearance on 6/11/19 @ 10am
Judge Bluebond does not appear on the service list and court did not receive a service copy of the motion, as required by local rules and court manual.
Continue hearing to give movant an opportunity to provide court with required copy.
Debtor(s):
Nicholas Cascione Represented By David H Chung
Joint Debtor(s):
Patricia Ann Cascione Represented By David H Chung
Movant(s):
Great Southern Bank Represented By Kimberly S Winick
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 35
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Hui Yang Represented By
Mitchell R Sussman
Joint Debtor(s):
Xiaorong Ge Represented By
Mitchell R Sussman
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 9
6/3/19 - John Kim, (714)431-1086 has been approved for telephonic appearance on 6/11/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Shaun-teka Chena Joyner Pro Se
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 9
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Miguel A. Sandoval Represented By David Lozano
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: JPMCC 2006-LDP7 CENTRO ENFIELD, LLC.
Docket 32
5/29/19 - Michael Berger, (310)271-6223, has been approved for telephonic appearance on 6/11/19 @ 10am
Grant motion without waiver of Rule 4001(a)(3). Debtor cannot "assume" a lease to which he is not a party without the landlord's consent. Bankruptcy will not solve this problem for the debtor. If the lessor wants to permit him to enter into a lease of the premises, it may do so. If it doesn't, debtor will need to vacate premises. If debtor wants to remain, he should negotiate a resolution with the lessor under applicable nonbankruptcy law. There are some problems that filing bankruptcy cannot solve.
Debtor claims that he was supposed to be on the lease. If there is a theory or legal principle under which landlord can be compelled to accept the debtor as a tenant, it is not a bankruptcy-created theory or principle, and debtor is free to assert whatever rights he thinks he has with regard to the premises in the state court unlawful detainer action.
Debtor(s):
Richard Michael Cruz Pro Se
Movant(s):
JPMCC 2006-LDP7 Centro Enfield, Represented By
Anne K Edwards
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 413
- NONE LISTED -
Tentative Ruling from April 2, 2019:
Rulings on Evidentiary Objections:
Evidentiary objections are to be stated in a separate document and should not be longer than the declaration to which they are objecting. There is no need to make evidentiary objections to factual assertions and legal arguments contained in a memorandum of points and authorities. A memorandum of points and authorities is not evidence. Legal argument by an attorney is not evidence.
There is only one objection that needs to be raised here -- hearsay/lack of personal knowledge. The only fact to which counsel for Baker can actually testify is that the exhibit to her declaration is a true and correct copy of an email she sent to the neutral expert. None of the factual assertions contained in that email constitute admissible evidence. The declarant has not established that she has personal knowledge of any of the purported facts outlined in that email. The only reasonable conclusion that anyone could draw from a review of that document is that all information contained in that email was told to Ms. Ponce by her client, Mr. Baker. Therefore, it is inadmissible hearsay. The Court expressly ordered the defendant to file and serve his own declaration setting forth this information. He has failed to do so. Sustain evidentiary objections to contents of Exhibit 1.
10:00 AM
Tentative Ruling on the Merits:
Baker has not filed the declaration required by paragraph 7 of the Court's February 19, 2019 Order to Show Cause. A declaration from counsel attaching an email that she wrote to the neutral expert based on statements made to her by Baker is not a declaration from Baker.
Baker has no basis to complain of the procedures used in connection with the issuance of the Court's February 19 Order to Show Cause. There have been numerous motions filed, requesting that this court issue an order to show cause re contempt, that explain in excruciating detail the relief requested by the plaintiff and the basis for that request. Baker has been given far more than the 7 days contemplated by the local rule for responding to that motion. This process has been ongoing for a period of many months. The process that has been afforded to Baker has been more than due process. It cannot be said that Baker has been prejudiced or deprived of the opportunity to respond at any step in this process.
Baker is correct that this Court has already issued a variety of sanctions, but Baker continues to fail and refuse to comply with this Court's orders and argues that he should be permitted to do so with impunity and that the sanctions entered to date are sufficient to vindicate the Court. This Court disagrees.
This court's contempt powers are limited to civil contempt, which means that sanctions must be designed to coerce and not to punish. And a bankruptcy court may use civil contempt, including incarceration, to coerce the payment of monetary sanctions that it imposes if the contemnor has the ability to pay the sanctions. Here, notwithstanding this Court's express order that the debtor file and serve a declaration that includes, among other things, a discussion of why he has not made any payments toward the $132,633.25 sanctions award and a discussion of all efforts that he has made to locate or obtain funds with which to pay this sanction award [see February 19 Order, p. 7, at lines 17-26], Baker has not provided any information whatsoever as to why he has not paid this amount or whether he is in a position to pay this amount. Both the memorandum of points and authorities and counsel's declaration are utterly silent on this issue.
10:00 AM
It is not this court's intention to incarcerate Baker for failing to pay something unless he is able to pay it. It is not this court's intention to incarcerate Baker for failing to do something unless he has the ability to do it. That is why this Court's order provided that, if Baker contends he lacks the ability to comply with this Court's prior orders, he mist file a declaration explaining why he could not comply, but Baker has failed to offer any evidence whatsoever as to whether he can or can't do either of these things.
Baker certainly has the ability to provide the declaration that the Court ordered him to file. It is therefore wholly appropriate for this Court to incarcerate him until he has provided the declaration that the court has requested so that the Court can determine whether he has the ability to comply with its prior orders.
Further, although this Court does not have criminal contempt authority, the district court does. Therefore, if the Court determines that punitive sanctions are warranted, it is wholly appropriate for this Court to ask the District Court to withdraw the reference for the purpose of considering whether to impose criminal sanctions.
Baker argues that this Court should simply enter a judgment against him and leave it at that. This is not a decision for Baker to make. Baker cannot simply ignore orders of this Court and assume that the worst that should happen is that judgment will be entered against him. Baker cannot disobey court orders and destroy relevant documents with impunity.
In light of the foregoing, the Court should do the following:
Make the Additional Findings set forth in paragraph 11 of the February 19 order;
Hold Baker in civil contempt for having failed to comply with prior orders of this court in the respects set forth in paragraph 10 of the February 19 order, issue a warrant for his arrest and direct that he be incarcerated until he performs the Affirmative Acts set forth in paragraph 8 of the February 19 order;
Make a criminal referral to the U.S. Attorney based on Baker's spoilation of evidence as described in paragraph 1(c)(i) of the February 19 order; and
10:00 AM
Set a continued hearing to evaluate, based on information contained in any declaration that Baker may subsequently file pursuant to paragraphs 7 and 9 of the February 19 order, whether to impose the additional sanctions referenced in paragraphs 1(d) and 1(e) of the February 19 order.
Final Ruling for April 2, 2019:
Court entered order April 24, 2019, making the additional findings set forth in paragraph 11 of its February 19, 2019 order; holding Baker in civil contempt for violating certain of its prior orders; directing that Baker be incarcerated until he has purged his contempt by performing certain "Required Affirmative Acts; and stating that the Court will refer Baker to the U.S. Attorney for criminal prosecution for spoilation of evidence. (Court subsequently submitted referral to U.S. Attorney.)
5/1/19 -- US Marshal took Baker into custody on May 1, 2019. The court conducted a status conference on May 1, 2019 at 2:00 pm. Court issued order releasing Baker from custody and giving him until May 9, 2019 to perform the Required Acts. Order provided that court would issue a new warrant for Baker's arrest if he failed to file the required declaration or perform any of the Required Affirmative Acts by May 9, 2019.
5/10/19 -- Court reviewed supplemental declaration filed by Baker on May 9, 2019, made certain findings as to its sufficiency and stated that, "Although this Court has no doubt that Baker has disregarded repeated orders of this Court and remains in contempt of Court, this Court has no reason to believe that continued incarceration of Baker will result in an increased level of cooperation from Baker." Therefore, the Court ordered that Baker appear on June 11, 2019 at 10:00 a.m., then and there to show cause why the Court should not (1) strike his answer to complaint and enter judgmen for the plaintiff; (2) issue a report and recommendation to the district court why he should not be held in criminal contempt and incarcerated for a period of not less than 90 days as punishment for his failure to comply with prior orders of this Court requiring him to retain and restore electronic data and to provide access to that data to this Court's neutral expert. The Court made written responses to this order due May 28, 2019 and replies due June 4, 2019.
10:00 AM
In addition, the court reserved the right to reissue an arrest warrant for Baker if he failed to file a further supplemental declaration as promised on page 5 of his supplemental declaration at lines 21-24.
Tentative Ruling for June 11, 2019:
Baker filed a second supplemental declaration regarding the Required Affirmative Acts on May 28, 2019. That declaration was not served on Judge Bluebond as required by the local bankruptcy rules and court manual. Court does not intend to reissue arrest warrant for civil contempt.
Only one paragraph of the foregoing declaration is responsive to the court's current order to show cause -- paragraph 11 -- which explains, among other things, that Baker is his mother's full time caregiver (which is not entirely true, as Baker has explained that she has part-time help that comes in for a few hours a day). Court does not intend to hold Baker in civil contempt for failing to pay monetary sanctions.
However, Baker cannot be permitted to disregard orders of this court with impunity even if his mother and girlfriend are elderly. According to Baker, it is now impossible for him to undo the harm that he has caused by violating court orders by restoring deleted data and compensating the other side for the costs that it incurred in light of his conduct, therefore, if Baker is to be believed, coercive contempt sanctions are futile. Based on the findings that the Court has already made, judgment for plaintiff is warranted. However, in addition to striking Baker's answer to complaint and entering judgment for plaintiff, the Court will issue a report and recommendation to the district court that Baker be punished for his repeated violations of orders of this Court.
This court will recommend that Baker be incarcerated for a period of not less than 90 days, as there is no reason to believe that Baker would pay any monetary sanction that might be imposed. It will be up to the district court to decide whether incarceration would be appropriate on these facts and, if so, for how long.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy
10:00 AM
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
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr, 3-12-19, 4-2-19
Docket 411
- NONE LISTED -
3/6/19 -- Court granted motion to continue hearing to April 2, 2019 at 10:00
a.m. to be heard concurrently with related matters on calendar for that date and time.
By failing to respond to plaintiff's discovery requests in a timely manner, Baker has waived any objections and any attorney/client privilege and any protections for attorney work product. However, other parties have not waived any privileges that might be applicable, if there are such privileges available with regard to communications to which Baker was a party.
Formulate practical measures for use by Mr. Broom to cull out from any materials to be turned over to plaintiff communications and data that have no bearing on the instant lawsuit or issues concerning Dr. Murtagh. This should address concerns raised by NIC and Scott Vick and any other third parties who may be affected by turnover of data.
4/23/19 -- Court entered order resolving motion. No continued hearing was set. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
CLARK WARREN BAKER Represented By
10:00 AM
Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Movant(s):
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
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, 8-16-18, 9-27-18, 12-11-18, 1-8-19, 3-12-19, 4-2-19
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.
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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Revisit status of action after conclusion of hearing on matter no. 209.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time.
Tentative Ruling for April 2, 2019:
Revisit status of action after conclusion of hearing on related matters on calendar.
10:00 AM
Tentative Ruling for June 11, 2019:
For reasons set forth in tentative ruling for matter no. 7, strike Baker's answer to complaint and enter judgment for plaintiff and take status conference off calendar. Plaintiff should lodge proposed form of judgment.
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
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, 11-27-18, 2-27-19
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.
Tentative Ruling for February 27, 2019:
Revisit status of action after conclusion of related matters on calendar. 3/8/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- June 11, 2019 at 2:00 p.m.
L/D to file joint status report -- May 28, 2019 Court will bifurcate issues and try valuation first.
L/D to conduct nonexpert discovery on valuation issues is continued to June 28, 2019
L/D to designate expert witnesses and exchange expert witness reports -- June 28, 2019
L/D to conduct expert witness discovery -- August 19, 2019
3/20/19 -- Court approved stipulation extending time for trustee to respond to request for production of documents and interrogatorires to April 18, 2019 and extending deadline for defendants to file accounting to March 18, 2019.
Tentative Ruling for June 11, 2019:
Continue status conference approximately 90 days and order the parties to complete a day of mediation prior to the date of the continued status conference.
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
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, 11-27-18, 2-27-19
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.
Tentative Ruling for June 11, 2019:
2:00 PM
Continue to trail this action along with matter on calendar as number 200.
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#: 2:18-01230 Brubaker v. Firstmark Access Group et al
fr. 9-26-18, 10-23-18, 1-15-19, 4-2-19, 5-7-19
Docket 1
6/3/19 - Lisa Brubaker, (917)450-4018, has been approved for telephonic appearanc eon 6/11/19 @ 2pm
Set discovery cutoff for late February. Set pretrial conference for late March. Require parties to complete a day of mediation prior to date of pretrial conference.
1/25/19 -- Court approved scheduling order with following dates: L/D to file pretrial motions -- March 12, 2019
L/D to conduct discovery -- February 28, 2019 L/D to lodge pretrial order -- March 19, 2019 Pretrial conference -- April 2, 2019 at 2:00 p.m.
L/D to lodge order appointing mediator -- February 11, 2019 L/D to complete mediation -- April 2, 2019
2/12/19 -- Court approved order appointing mediators.
3/5/19 -- Court approved stipulation continuing pretrial conference to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/15/19 -- Court approved stipulation continuing pretrial conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
2:00 PM
5/31/19 -- Court approved stipulation dismissing defendant AccessLex Institute.
Tentative Ruling for June 11, 2019:
Approve pretrial order and set trial date and briefing schedule.
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
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01469 Garibay v. Garcia et al
FR. 3-5-19
Docket 1
- NONE LISTED -
Tentative Ruling for March 5, 2019:
Two status reports were filed. Court did not receive either. The first, filed February 25, 2019, which bears a signature date of February 25, 2019 is a unilateral report from the debtor. The proof of service attached to that report, signed under penalty of perjury by Marvin Jarrett Mann says that it was served by personal delivery, overnight mail, facsimile transmission or email (but doesn't specify which) on January 22, 2019. This must be a false statement as the document did not even exist as of that date. (It also says that it was served through the court's NEF system on other parties in interest on January 21, 2019.) This is false as well. The document was not filed until February 25 and therefore could not have been served on that date by NEF.
Sanction counsel for defendant $150 for filing false proofs of service. Court needs to be able to rely on the accuracy of these documents. Counsel should ensure that his staff uses more care in preparing these documents.
Second status report, filed February 27, 2019, appears to be a joint status report, in that it has information completed on both sides of the form, but has only an electronic signature from counsel for plaintiff. The proof of service attached to that document does not show the date on which a copy was provided to the court. Court ended up printing BOTH status reports. This is
2:00 PM
not acceptable. Parties need to file a JOINT status report two weeks before the status conference and serve a copy to the court not less than 14 days before the status conference.
Why does defendant's status report say, "Summons issued 12/18, thereby requiring trial in two months"? Plaintiff's status report says approximately the same thing. Under what theory do the parties believe that trial is required within two months after the issuance of a summons?
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
3/26/19 -- Court approved order appointing mediators.
Final Ruling for March 5, 2019:
Continue status conference to June 11, 2019 at 2:00 p.m. Parties should file joint status report by May 28, 2019. Parties are to lodge an order appointing mediators by March 22, 2019 and complete a day of mediation by June 11, 2019. Court will impose sanctions of $150 on counsel for defendant for using a false proof of service and an additional $150 for failing to attend status conference. Court will prepare scheduling and sanction order.
Tentative Ruling for June 11, 2019:
Parties completed a day of mediation but are asking to return to mediation, using the alternate mediator. Set discovery cutoff in late October, 2019, continue status conference for approximately 90 to 120 days and order parties to complete another day of mediation.
Debtor(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Defendant(s):
Jaime Garcia Represented By
2:00 PM
Marvin Jarrett Mann
Does 1 through 20, inclusive Pro Se
Plaintiff(s):
Olivia Garibay Represented By Kaveh Elihu Daniel Friedman
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01015 Credit Union of Southern California v. Foster, Sr.
Docket 13
- NONE LISTED -
Tentative Ruling for April 30, 2019:
Deny motion for default judgment under sections 523(a)(2)(A) and 523(a)(6). There is no evidence that plaintiff made any misrepresentation other than a promise to repay the loan. Mere failure to repay a loan does not give rise to nondischargeable liability. What evidence does plaintiff have that debtor had no intention of paying the loan at the time he took out the loan? Was there any false information contained in the loan application or is the only relevant fact that the debtor made no payments on the loan? That is insufficient. If movant believes there are additional facts that might be shown in an amended motion, continue hearing to give movant an opportunity to file a supplemental declaration.
Final Ruling for April 30, 2019:
Movant should serve and file supplemental declaration by May 21, 2019. Continue hearing to June 11, 2019 at 2:00 p.m.
Tentative Ruling for June 11, 2019:
Where is supplemental declaration that should have been filed by May 21, 2019? Deny motion and dismiss adversary proceeding.
2:00 PM
Debtor(s):
Floyd Naymon Foster Sr. Represented By Steven A Alpert
Defendant(s):
Floyd Naymon Foster Sr. Pro Se
Movant(s):
Credit Union of Southern California Represented By
Karel G Rocha
Plaintiff(s):
Credit Union of Southern California Represented By
Karel G Rocha
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01015 Credit Union of Southern California v. Foster, Sr.
fr. 4-2-19, 4-30-19
Docket 1
3/4/19 - Default entered against Floyd Naymon Foster, Sr.
Revisit status of case after conclusion of hearing on motion for default judgment.
Debtor(s):
Floyd Naymon Foster Sr. Represented By Steven A Alpert
Defendant(s):
Floyd Naymon Foster Sr. Pro Se
Plaintiff(s):
Credit Union of Southern California Represented By
Karel G Rocha
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01001 Travelers Express Company Inc. v. Barahona et al
fr. 3-5-19
Docket 1
- NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
3/6/19 -- Court signed scheduling order with following dates: Cont'd status conference -- June 11, 2019 at 2:00 p.m.
L/D to file joint status report -- May 28, 2019 L/D to complete mediation -- June 11, 2019
L/D to lodge order appointing mediators -- March 22, 2019
6/4/19 -- OFF CALENDAR. COURT APPROVED JUDGMENT PURSUANT TO STIPULATION.
Debtor(s):
Julio Alberto Barahona Represented By Francis Guilardi
Defendant(s):
Julio Alberto Barahona Pro Se
2:00 PM
Jessica Rios Pro Se
Joint Debtor(s):
Jessica Rios Represented By
Francis Guilardi
Plaintiff(s):
Travelers Express Company Inc. Represented By
Robert L Rentto
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:19-01049 Gottlieb v. Granucci
Docket 10
- NONE LISTED -
Deny request for sanctions. The only significant problem here is that the subpoena was not served on movant as required by FRCP 45(a)(4). Other than that, there is no problem with plaintiff's obtaining bank records concerning the debtor. There is no privilege or confidentiality that protects such documents on a blanket basis, and movant has not articulated any set of facts on which any of the documents in question could possibly contain trade secrets or other information subject to any applicable privilege.
Records requested relate to debtor, Styleworks and AMG from April 1, 2016 to the present. Court has no objection to the length of time, but why would the plaintiff need bank records that relate to the post-petition period?
Hearing required.
(If movant is trying to argue that the entire action is barred based on prior rulings of the arbitrator or a prior settlement between the parties, movant should raise this issue in a motion to dismiss or for summary judgment, not in a motion to quash.)
Debtor(s):
Anna M Granucci Represented By Larry D Simons
Defendant(s):
Anna M Granucci Represented By Richard P Ross
2:00 PM
Movant(s):
Anna M Granucci Represented By Richard P Ross
Plaintiff(s):
Abraham Gottlieb Represented By John Burgee
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:19-01105 Avery v. Taylor et al
Docket 1
- NONE LISTED -
Tentative Ruling for June 11, 2019:
At request of parties, continue status conference to July 30, 2019 at 2:00 p.m. APPEARANCES WAIVED ON JUNE 11, 2019.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Defendant(s):
Alfred B. Taylor Pro Se
Leslie Florence Taylor Represented By Gregory Grigoryants
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee Stella A Havkin
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:00 PM
Stella A Havkin
2:00 PM
Adv#: 2:19-01105 Avery v. Taylor et al
Docket 1
- NONE LISTED -
DUPLICATE -- OFF CALENDAR.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Defendant(s):
Alfred B. Taylor Pro Se
Leslie Florence Taylor Represented By Gregory Grigoryants
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee Stella A Havkin
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
2:00 PM
Adv#: 2:19-01106 Avery v. Taylor
Docket 1
- NONE LISTED -
Tentative Ruling for June 11, 2019:
At request of parties, continue status conference to July 30, 2019 at 2:00 p.m. APPEARANCES WAIVED ON JUNE 11, 2019.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Defendant(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
2:00 PM
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
- 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.
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 purposes, leaving open the possibility that there will be a final adjudication
2:00 PM
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.
Final Ruling for December 19, 2018:
Court entered order on January 7, 2019 granting in part and denying in part. Court granted relief from stay to the extent necessary to permit the plan trustee and the plaintiffs to file a notice of removal and remove the action pending in superior court to bankruptcy court. Order authorizes the parties to conduct discovery and directs them to participate in mediation by June 3, 2019. Court will conduct a status conference on June 11, 2019 at 2:00 p.m. Parties are not required to file a status report.
Tentative Ruling for June 11, 2019:
OFF CALENDAR. Cont'd status conference was to be status conference in adversary proceeding, which is matter no. 212 on calendar. This is now a duplicate. Motion has been resolved.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
2:00 PM
Movant(s):
Michael Jay Berger
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
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 Michael Simon Timothy W Evanston
2:00 PM
Adv#: 2:19-01007 Flores et al v. East Coast Foods, Inc. d/b/a Rosdoe's House o
Docket 1
- NONE LISTED -
Tentative Ruling for June 11, 2019:
Parties attended mediation that produced a settlement. A hearing on the 9019 motion is currently set for August 7, 2019 at 11:00 a.m. Continue status conference to August 7, 2019 at 11:00 to be heard concurrently with 9019 motion. OFF CALENDAR FOR JUNE 11, 2019. NO APPEARANCE REQUIRED.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Defendant(s):
Roscoe's Intellectual Properties, Pro Se
2:00 PM
Waffle Plaza Properties, Inc. Pro Se
Adriana Terrones Pro Se
Amusement Foods, Inc. Pro Se Shoreline Foods, Inc. d/b/a Roscoe's Pro Se Freeway Foods, Inc. d/b/a Roscoe's Pro Se East Coast Foods, Inc. d/b/a Pro Se Lizbeth Jalilian aka Lisa Hernandez Pro Se
Plaintiff(s):
Daniel Flores Pro Se
Dominique Spears Pro Se
Jose Duarte Pro Se
Maurice Faber Pro Se
Ettieonne Cook Pro Se
Toiva McKenzie Pro Se
Arthur Moncayo Pro Se
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 Michael Simon Timothy W Evanston
2:00 PM
Adv#: 2:18-01360 NG DIP Liquidating Trust v. Kacoo USA, LLC
fr. 1-8-19, 4-2-19, 4-30-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
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.
1/18/19 -- Court approved order extending deadline to respond to complain to January 31, 2019.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/16/19 -- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019. NO APPEARANCE REQUIRED.
5/29/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball
2:00 PM
David B Shemano
Defendant(s):
Kacoo USA, LLC Represented By Lana Milojevic Mark M Sharf
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01363 NG DIP Liquidating Trust v. Luxury Garage Sale, Inc.
fr. 1-8-19, 4-2-19, 4-30-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/30/19 -- Court signed order continuing response date to March 1, 2019.
3/7/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
5/28/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
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):
Luxury Garage Sale, Inc. Represented By Ryan A. Ellis
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01364 NG DIP Liquidating Trust v. Madison Administrative Services, Inc.
fr. 1-8-19, 4-2-19, 4-30-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.) Continue status conference approximately 90 days.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
5/28/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
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
2:00 PM
Defendant(s):
Madison Administrative Services, Represented By
Ovsanna Takvoryan
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01366 NG DIP Liquidating Trust v. Rakuten Marketing, LLC
fr. 1-8-19, 4-2-19, 4-30-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/17/19 -- Court approved order extending defendant's deadline to respond to complaint to January 31, 2019.
2/1/19 -- Court approved stipulation continuing response date to March 7, 2019.
3/11/19 -- Court approved stipulation continuing response date to March 15, 2019 and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
3/18/19 -- Court approved stipulation continuing response date to April 1, 2019.
4/2/19 -- Court approved stipulation continuing response date to April 15, 2019.
2:00 PM
4/16/19 -- Court approved stipulation continuing response date to May 20, 2019 and continuing status conference to June 11, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
5/29/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
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):
Rakuten Marketing, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
10:00 AM
Docket 889
- NONE LISTED -
Approve application. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Docket 20
- NONE LISTED -
Court is confused. It appears from reading the papers that the debtor went to the appropriate location for her first 341(a) meeting, but did not have proper identification. As a result, the trustee treated her as not having appeared for the first meeting and scheduled a continued meeting. The debtor did not attend that meeting because she went to the wrong location (Roybal instead of the US Trustee's hearing room). If the court is correct that the debtor went to the proper location the first time, why would she have gone to a different location for the second meeting? And when the debtor arrived at the Roybal building and found that it was not the correct location, why didn't she immediately go to the US Trustee's meeting room instead?
Hearing required.
Debtor(s):
Gloria Mondragon Martinez Represented By Irma C Coler
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 104
- NONE LISTED -
5/29/19 -- Court approved stipulation to continue hearing to June 12, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 12, 2019:
Court rejects the argument that court lacks authority to surcharge because the property has been sold. In the Borrego Springs case, the estate was trying to put a judicial lien on the property that had been sold, which was no longer an asset of the estate. That is not what is happening here. In Borrego Springs, there were no cash proceeds of sale -- there was only a reduction in the amount of the secured debt and therefore nothing to surcharge. Here, there is a pot of cash -- the net proceeds -- that is an asset of the estate, subject to secured creditors' liens. So there is collateral to surcharge.
Failing to move for relief from stay or to object to the employment of a broker or a motion to sell does not constitute implied consent to a surcharge.
Moreover, USB's conditional nonopposition to the sale provided that the lender did not oppose the motion provided it received payment in full. This is not an implied consent to a surcharge.
Deny request to "surcharge" collateral for the broker's fee, real estate taxes and other closing costs. These amounts were already paid out of the value of the property and are the necessary costs of consummating a sale. They effectively reduce the value of the collateral. It is not appropriate to deduct these amounts from the payment due the secured creditors to increase the
10:00 AM
amount of equity available to the estate. Were this the case, in every bankruptcy sale, closing costs would be deducted from the secured creditors' recoveries. The court is not aware of any published decision in which the closing costs were charged against the secured portion of the claim.
Charges attributable to utilities and surcharge motion itself cannot be said to have directly benefitted secured creditors. And how did any of the services benefit the senior lienholder who could have foreclosed and been paid in full from the net proceeds of sale inasmuch as the lender was fully secured?
Debtor's proposed allocation is arbitrary. Any surcharge permitted should simply "come off the top," leaving less for the junior lienholder. Authorize surcharge of $15,585, less $616, for work associated with bringing the motion for authority to sell the property, preparing sale orders, escrow instructions, closing documents, etc.
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
Movant(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
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.
Tentative Ruling for August 15, 2018:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for December 12, 2018:
11:00 AM
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.
Tentative Ruling for June 12, 2019:
On the chart attached as Exhibit 1 to the status report, for the claim of Sergio Manuel Guevara on p. 8, there is an asterisk and a parenthetical that says "(See Comments). Where is the comment to which this notation refers? The court was unable to locate it.
Hearing required.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
11:00 AM
Docket 1
- NONE LISTED -
Set bar date and deadline for serving notice of bar date. 12/17/18 -- Court approved scheduling order with following dates:
L/D to serve notice of bar date -- December 14, 2018 Bar date -- February 8, 2019
Cont'd status conference -- March 13, 2019 at 11:00 a.m. L/D to file status report -- February 27, 2019
Tentative Ruling for March 13, 2019:
Are any prospective purchasers showing interest in the debtor's property? If not, how do the debtors explain this?
Were there any surprises among the claims filed by the bar date? Hearing required.
Tentative Ruling for June 12, 2019:
Debtors do not need to continue answering all of the same questions from the original order setting status conference in their status reports. They can simply update the court on the status of the case and the debtor's intentions with regard to the future of the case.
11:00 AM
Revisit status of case after conclusion of hearing on surcharge motion. Set deadline for filing plan and disclosure statement for approximately 90 to 120 days.
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 1835
6/4/19 - Eve Karasik, (310)229-1234, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Sander Esserman, (214) 354-9945, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Steven Sacks (415) 774-2905, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Jeanine Donohue, 415.901.8644, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Laura Paul, (775) 324-5511, has been approved for telephonic appearance on 6/12/19 @ 2pm
Hearing required.
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
2:00 PM
Richard W Esterkin Gabriel I Glazer Danielle A Pham Eve H Karasik Daniel J Bussel
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, 6-13-18
Docket 21
6/4/19 - Eve Karasik, (310)229-1234, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Sander Esserman, (214) 354-9945, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Steven Sacks (415) 774-2905, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Jeanine Donohue, 415.901.8644, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Laura Paul, (775) 324-5511, has been approved for telephonic appearance on 6/12/19 @ 2pm
Continue this status conference to a date that can serve as date of hearing on next annual report and accounting.
2:00 PM
Debtor(s):
Jt Thorpe Inc Represented By
Jeanne | C | Wanlass |
Brian | L | Davidoff |
Michael | H | Ahrens |
Charles | J | Malaret |
2:00 PM
Docket 151
6/4/19 - Eve Karasik, (310)229-1234, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Sander Esserman, (214) 354-9945, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Steven Sacks (415) 774-2905, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Jeanine Donohue, 415.901.8644, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Laura Paul, (775) 324-5511, has been approved for telephonic appearance on 6/12/29 @ 2pm
Hearing required.
Debtor(s):
Pacific Insulation Company Represented By John A Lapinski
Leslie R Horowitz
Movant(s):
Thorpe Insulation Company Represented By John P Sande Gabriel I Glazer
2:00 PM
Danielle A Pham Michael J Mandelbrot Eve H Karasik
2:00 PM
fr. 6-4-14, 6-3-15, 6-8-16, 6-7-17, 6-13-18
Docket 1
6/4/19 - Eve Karasik, (310)229-1234, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Sander Esserman, (214) 354-9945, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Steven Sacks (415) 774-2905, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Jeanine Donohue, 415.901.8644, has been approved for telephonic appearance on 6/12/19 @ 2pm
6/4/19 - Laura Paul, (775) 324-5511, has been approved for telephonic appearance on 6/12/19 @ 2pm
Continue status conference to a date that can serve as date of hearing on next annual report and accounting.
Debtor(s):
Pacific Insulation Company Represented By John A Lapinski
Leslie R Horowitz
Movant(s):
Pacific Insulation Company Represented By
2:00 PM
John A Lapinski Leslie R Horowitz
2:00 PM
[Fees requested: $805,950.00, Expenses: $16,340.92]
Docket 282
NONE LISTED -
Grant application. Allow on final basis fees of $805,950 and costs of $16,340.92. 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):
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
A Final Decree Closing The Debtors' Chapter 11 Case
An Order Granting The Debtors A Discharge
Docket 285
NONE LISTED -
Grant motion. Once remaining outstanding payments are made, enter final decree and grant debtor's discharge.
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
MOVANT: NUVISION FEDERAL CREDIT UNION
Docket 13
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sergio Armando Gonzalez Represented By Sam Benevento
Joint Debtor(s):
Maria A. Zambrano Represented By Sam Benevento
Movant(s):
NuVision Federal Credit Union Represented By Alana B Anaya
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: NUVISION FEDERAL CREDIT UNION
Docket 14
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sergio Armando Gonzalez Represented By Sam Benevento
Joint Debtor(s):
Maria A. Zambrano Represented By Sam Benevento
Movant(s):
NuVision Federal Credit Union Represented By Alana B Anaya
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: LAKEVIEW LOAN SERVICING, LLC.
Docket 10
NONE LISTED -
Opposition does not include the required declaration. Debtor's schedules show a value for the property of $389,000. Why is the debtor now contending that the property is worth $345,000? Lender has provided a declaration to support its assertion that its total debt is $363,888.21. Debtor contends, without any explanation or support whatsoever, that the obligation is only
$270,000.
Debtor has filed a motion to convert, but the required notice has not been given and there is no supporting declaration. There is no evidence to support the conclusion that any reorganization is possible or that there is a reasonable likelihood of reorganization within a reasonable period (which is only applicable if the court were to grant the motion to convert, and, in its present form, the motion will not be granted).
Grant motion without waiver of Rule 4001(a)(3).
Debtor(s):
Frederick E. Ware Pro Se
Movant(s):
Lakeview Loan Servicing, LLC Represented By Cassandra J Richey
10:00 AM
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Albert Kirakosyan Represented By Aidan Butler
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Vin # 3N1AB7AP9HY262171
Docket 8
5/28/19 - Mary Ellmann Tang, (925)678-1876, has been approved for telephonic appearance on 6/18/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Rosario Eva Tzoc Vasquez Represented By Ameet Gandhi
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: FIRST INVESTORS FINANCIAL SERVICES, INC.
Docket 13
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Scott Eugene Shambley Pro Se
Movant(s):
First Investors Financial Services, Represented By
Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 134
NONE LISTED -
Court directed the trustee to file the motion by June 7, set the deadline for oppositions as June 14 and scheduled a hearing on this motion for June 18, 2019 at 10. The court has no problem with the general idea of entering an order that gives Vivint Solar a deadline to remove the panels at its own expense and declares that, if they fail to meet this deadline, Vivint will be deemed to have abandoned the panels, but the court is unwilling to approve deadlines that will already have passed by the time the motion is granted.
This is an unreasonable time frame. Enter order providing that, if Vivint has not obtained the required permit(s) and completed the removal of the panels from the property by 5:00 p.m. on July 1, 2019, Vivint be deemed to have abandoned any interest in the panels. This delay may present a problem for the trustee, but the trustee has known about this issue for months and could have sought relief earlier.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Movant(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
10:00 AM
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
10:00 AM
362(c)(4)(A)(ii)
MOVANT: GREAT SOUTHERN BANK fr. 6-11-19
Docket 26
5/15/19 - Kimberly Winick, (213)629-5700, has been approved for telephonic appearance on 6/11/19 @ 10am
This is the second bankruptcy case pending for this debtor within the year, but the debtors filed a motion extending the automatic stay in this case, which the Court granted by order entered April 23, 2019 -- all within 30 days after the commencement of the case. Deny motion without prejudice to the movant's ability to bring a motion seeking relief from the automatic stay.
Debtor(s):
Nicholas Cascione Represented By David H Chung
Joint Debtor(s):
Patricia Ann Cascione Represented By David H Chung
Movant(s):
Great Southern Bank Represented By Kimberly S Winick
10:00 AM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:18-01307 NG DIP LIQUIDATING TRUST v. City of Los Angeles
fr. 11-27-18, 2-12-19, 5-14-19
Docket 1
NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediatoin prior to date of continued status conference.
2/15/19 -- Court entered scheduling order with following dates: Cont'd status conference -- May 14, 2019 at 2:00 pm
L/D to file joint status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
22519 -- Court approved order appointing mediators.
4/30/19 -- Court approved stipulation continuing hearing to June 18, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 14, 2019.
6/3/19 -- Court approved stipulation continuing hearing to July 30, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek
2:00 PM
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#: 2:18-01355 NG DIP Liquidating Trust v. Echo Global Logistics, Inc.
Docket 6
NONE LISTED -
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
Hearing required.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
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):
Echo Global Logistics, Inc. Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner
2:00 PM
Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01355 NG DIP Liquidating Trust v. Echo Global Logistics, Inc.
fr. 1-8-19, 4-2-19
Docket 1
NONE LISTED -
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.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
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):
Echo Global Logistics, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner
2:00 PM
Todd M Arnold
2:00 PM
Adv#: 2:18-01365 NG DIP Liquidating Trust v. Pursue
Docket 7
NONE LISTED -
Plaintiff cannot seek to recover by way of a default judgment an amount that exceeds the amount requested in the original complaint. If plaintiff would like to increase the amount of his prayer, he will need to file and serve an amended complaint.
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
Hearing required.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
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
2:00 PM
Defendant(s):
Pursue Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01365 NG DIP Liquidating Trust v. Pursue
fr. 1-8-19, 4-2-19
Docket 1
NONE LISTED -
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.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
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):
Pursue Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
2:00 PM
Adv#: 2:18-01368 NG DIP Liquidating Trust v. Wish for Falling Star, Inc.
#205.00 Motion for Default Judgment against Defendants fr. 4-2-19
Docket 10
NONE LISTED -
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
Hearing required.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
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):
Wish for Falling Star, Inc. Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner
2:00 PM
Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01368 NG DIP Liquidating Trust v. Wish for Falling Star, Inc.
fr. 1-8-19, 4-2-19
Docket 3
NONE LISTED -
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.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
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):
Wish for Falling Star, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner
2:00 PM
Todd M Arnold
10:00 AM
[Presumption of undue hardship]
Docket 16
NONE LISTED -
Deny approval of agreement. Debtor lacks financial wherewithal to remain current on car payments. Therefore, approval would create undue hardship.
Debtor(s):
David Gardner Represented By Giovanni Orantes
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 9
NONE LISTED -
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? What does debtor hope to achieve by reaffirming this obligation? Hearing required.
Debtor(s):
Won Kim Represented By
M Teri Lim
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 10
NONE LISTED -
Deny approval as not being in debtor's best interest. Debtor is merely co- signor. Adult son drives car and makes payments. There is no benefit to the debtor from reaffirming this debt.
Debtor(s):
Won Kim Represented By
M Teri Lim
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 20
NONE LISTED -
Prior motion was denied without prejudice, so the Court has no problem with reconsidering the motion with the new evidence provided, but there is insufficient information/explanation provided to demonstrate that the "deferred amount" needs to be added to the principal balance. A footnote on the loan statement reflects that there was a loan modification. What were the terms of that modification? What is this deferred amount? Is it a deduction from the principal balance of $283,700 or an addition to it? When and under what circumstances will this $93,400 be due?
Hearing required.
Debtor(s):
Mary Catherine Kroesser Represented By David Lozano
Movant(s):
Mary Catherine Kroesser Represented By David Lozano
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 22
NONE LISTED -
Deny motion as moot. Case has already been dismissed. No appearance required. Court will prepare order.
Debtor(s):
Towanna Okoronkwo Pro Se
Movant(s):
Towanna Okoronkwo Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 9
NONE LISTED -
Grant motion to dismiss. Waive appearances. Court will sign order lodged by debtor or prepare its own order.
Debtor(s):
Karen Renee Cuevas Represented By Marjorie S Archer
Movant(s):
Karen Renee Cuevas Represented By Marjorie S Archer Marjorie S Archer
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
fr. 8-2-17, 11-15-17, 4-10-18, 7-18-18, 10-24-18, 2-27-19, 5-8-19
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.
Tentative Ruling for February 26, 2019:
10:00 AM
In light of tentative ruling for matter no. 101, continue hearing on claim objection to give new chapter 7 trustee an opportunity to decide how he or she would like to proceed with regard to this objection to claim.
5/1/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 8, 2019.
6/5/19 -- Case has been dismissed. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Ninja Metrics, Inc. a Delaware Pro Se
Movant(s):
Ninja Metrics, Inc. a Delaware Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 284
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 294
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 298
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 285
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
fr. 5-29-19, 6-5-19
Docket 286
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 20
NONE LISTED -
Grant motion. Order Creditor's Adjustment Bureau to instruct JP Morgan Chase to release levied funds to debtor in possession.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
Movant(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
10:00 AM
Docket 1
NONE LISTED -
Set deadline for debtor to serve notice of bar date and bar date. Continue case status conference approximately 90 days.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
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, 11-28-18,
12-19-18
Docket 1
6/18/19 - Raymond H. Aver, (310)571-3511, has been approved for telephonic appearance on 6/19/19 @ 11am
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:
11:00 AM
If Albany sale closes, will debtor be in a position to file plan? Hearing 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:
11:00 AM
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with 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.
11/21/18 -- Court approved stipulation continuing hearing to December 19,
11:00 AM
2018 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
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.
Tentative Ruling for June 19, 2019:
The plan confirmation hearing was August 30, 2017, yet debtor's counsel still has not filed his final fee application. Why not? Is there any reason for this delay? Hearing required.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
Docket 210
NONE LISTED -
When and how did movant learn of the granting of the extension motion and the disallowance of its unsecured claim? (The order eliminating the requirement that payments be made on the unsecured claim was entered on May 8, 2018.) Why did the movant wait until now to bring this motion?
Was the debtor attempting to mail payments for the unsecured portion of the claim to an address different from the address being used for the unsecured portion of the claim? If so, why?
Hearing required.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
11:00 AM
Docket 206
NONE LISTED -
Consider this motion after conclusion of hearing on motion to reconsider.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
Movant(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
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,
9-26-18, 3-20-19, 5-1-19
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:
11:00 AM
Continue hearing to June 15, 2016 at 11:00 a.m. Reorganized debtor should 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:
11:00 AM
According to coversheet to status report, payments to BNY Mellon and 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.
Tentative Ruling for March 20, 2019:
Court previously disallowed the unsecured portion of secured creditors' claims due to their failure to provide correct mailing address information, but their secured claims remain as liens against the debtor's property. Does the debtor agree with the information contained in secure creditors' notice regarding failure to make post-petition plan payments on their secured claims?
Hearing required.
Tentative Ruling for May 1, 2019:
Debtor filed a motion for a final decree on negative notice on April 16, 2019. Continue hearing to June 19, 2019 at 11:00 a.m. to give the court an
11:00 AM
opportunity to process motion for final decree. Appearances waived on May 1, 2019. (Once notice period for motion has passed, debtor should file a declaration attesting to the fact that she hasn't received any oppositions, if this is the case, and asking that the Court issue a final decree. If anyone files an opposition to the motion, debtor should notice a hearing on the opposition to her motion.)
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
2:00 PM
Docket 1252
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Edgar Reinoso Represented By
Saqib Zuberi - DISBARRED - Rovee Vanderbilt B. Pruna Hector Vega
Trustee(s):
Sam S Leslie (TR) Represented By Elissa Miller Jason Balitzer William K Mills Asa S Hami
David J Richardson
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):
WELCOME MANAGEMENT Represented By Phillip H Kwon
Trustee(s):
Peter J Mastan (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
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):
Maximiliano Henriquez Represented By Marcus Gomez
Trustee(s):
Rosendo Gonzalez (TR) Represented By Byron Z Moldo Peter A Davidson Ori S Blumenfeld
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):
Ridgill Johnson Properties, Inc a Represented By
Perfisity Mcghee
Trustee(s):
Peter J Mastan (TR) Represented By
Lei Lei Wang Ekvall
2:00 PM
Docket 53
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Martin Edward Rodriguez Represented By Raymond Perez
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Lindsey L Smith
2:00 PM
Docket 251
NONE LISTED -
Grant application. Allow on a final basis fees of $51,173.76 and costs of $268.04. 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
Movant(s):
Whitmarsh Family Law, PC Pro Se
10:00 AM
Adv#: 2:12-01805 Fox et al v. Kamen
Docket 220
NONE LISTED -
Mark Thompson was not listed as one of defendant's witnesses on the pretrial order and no direct testimony declaration was filed for him. Grant motion. Dr. Thompson may not be offered as a witness at trial.
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
10:00 AM
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
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
10:00 AM
James KT Hunter Benjamin Nachimson David B Golubchik
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson David B Golubchik
Elissa D. Miller Represented By Ryan D O'Dea
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
10:00 AM
Adv#: 2:12-01805 Fox et al v. Kamen
#1.10 Defendant Michael J. Kamen's Motion in Limine to Preclude Direct Testimony from Plaintiffs’ Designated Witnesses and Plaintiffs’ Evidence Not Produced to Defendant
Docket 225
NONE LISTED -
LBR 7016-1 requires that the parties joint pretrial order include the statement, "Attached is a list of exhibits intended to be offered at the trial by each party, other than exhibits to be used for impeachment only. The parties have exchanged copies of all exhibits." This statement should have been included in the parties' joint pretrial order. Instead, the parties submitted an order that provided, "Once the parties exchange their exhibits, the parties intend to file a separate stipulation with respect to the admissibility of exhibits," which reflects the parties' understanding and acknowledgment of the requirement that parties must exchange copies of all exhibits. (Court also made clear on the record at the time of the pretrial conference that it expected the parties to exchange copies of all exhibits in their exhibit books.) For some reason, and notwithstanding multiple requests therefor, plaintiff has not provided defendant with copies of exhibits 9 and 12. Therefore, these exhibits cannot be admitted. Grant motion insofar as it requests this relief.
Plaintiffs have filed a declaration explaining why plaintiffs were unable to obtain the testimony of Messrs. Laski, Guess and Schwartz by the applicable deadline. Mr. Golubchik does not have the ability to compel any of these gentlemen to provide him with a declaration. Deny motion insofar as it seeks to bar them from testifying. If they appear at trial, they will be permitted to testify orally.
With regard to plaintiffs' intention to introduce Mr. Kaftan's testimony by
10:00 AM
declaration, the motion does not discuss the applicable legal authorities -- when it is appropriate to offer a witness's testimony by offering into evidence his deposition transcript. Under FRE 804(b), Mr. Kaftan's deposition testimony may be offered at trial if Mr. Kaftan is "unavailable as a witness" within the meaning of Rule 804(a). It appears that he will meet that definition if counsel for plaintiffs "has not been able by process or other reasonable means" to procure his attendance. Pursuant to FRCP 45(c), made applicable by FRBP 9016, a witness may be compelled to appear at trial within 100 miles of where the person resides, is employed, or regularly transacts business; or within his state of residence if the person is a party or an officer of a party or he is being subpoenaed to attend a trial and appearing at trial would not cause him to incur substantial expense. Mr. Golubchik reports that Mr. Kaftan is in Detroit, Michigan and that his counsel reports that he will not willingly attend trial. As to whether or not he could be compelled to attend, the court has no admissible evidence as to Mr. Kaftan's place of residence or work address, but it seems unlikely that he has a residence within 100 miles of the court or that he works within the state of California. Deny motion insofar as it seeks to bar plaintiffs from introducing the deposition testimony of Mr. Kaftan.
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
Movant(s):
Michael Joel Kamen Represented By Richard H Lee
10:00 AM
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
10:00 AM
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 David B Golubchik
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson David B Golubchik
Elissa D. Miller Represented By Ryan D O'Dea
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
10:00 AM
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,
10-23-18,
3-19-18, 4-9-19
Docket 1
NONE LISTED -
Rulings on Evidentiary Objections:
Kamen's Objections to Kaftan Deposition testimony
Overrule.
Sustain as to everything after "I guess . . . ." Overrule as to balance.
Overrule. (Confusing, misleading, vague, etc. go to weight, not to admissibility and, as this is a bench trial, court is not particularly concerned about testimony that might be irrelevant.)
Overrule.
Overrule.
Overrule.
Overrule. (With regard to statements concerning the source of the funds, from the context, court is prepared to assume that Kaftan's statements are based on information obtained from Kamen, which would make this testimony hearsay, but for the fact that it is an admission by a party opponent. Kamen is free to dispute substance of the statements if they are inaccurate, but it appears from Kamen's declaration that these statements are accurate. So
10:00 AM
why even bother to object to the admission of this testimony?)
Overrule.
Plaintiffs' Objections to Kamen Declaration
Exhibit E is being offered as evidence of the truth of the contents. Therefore, it is hearsay, not within any exception. Sustain.
Overrule.
Overrule.
Overrule.
Sustain, lack of personal knowledge.
Overrule.
Overrule.
Overrule.
Overrule.
Overrule to the extent that it is being offered on the issue of defendant's statement of mind. Sustain to the extent that declarant is attempting to offer evidence as to the truth of the matter asserted.
Sustain, hearsay. (Here, it appears that it is being offered for the truth of the matter asserted.)
Overrule.
Plaintiffs' Objections to Kaftan Deposition Testimony Overrule.
NOTE: Only remaining claim is whether defendant's dischare should be barred pursuant to section 727(a)(4). Court has already found that Kamen made material false oaths on his schedules. Only remaining issue is whether these false oaths were made knowingly and fraudulently.
Debtor(s):
Michael Joel Kamen Represented By Leslie A Cohen Neal Salisian Richard H Lee
10:00 AM
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 James KT Hunter
10:00 AM
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 David B Golubchik
Gerson Fox Represented By
Andy Kong James KT Hunter
Benjamin Nachimson David B Golubchik
Elissa D. Miller Represented By Ryan D O'Dea
Trustee(s):
Richard J Laski (TR) Represented By Jonathan M Weiss Sasha M Gurvitz
10:00 AM
Adv#: 2:18-01322 Commonwealth Land Title Insurance Company v. Babakhanyan
Docket 21
7/1/19 - Ms. Ragland's office called - No appearance by Counsel as she will be submitting a new application/order and this current order was not served as they don't have a correct address for the Defendant.
If witness appears, have reporter administer oath and instruct parties to adjourn to attorney conference room for examination.
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
10:00 AM
MOVANT: HONDA LEASE TRUST .
Docket 12
6/24/19 - Vincent Frounjian, (818)859-7511 has been approved for telephonic appearance on 7/2/19 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Aleksandr Kosemyan Represented By Roland H Kedikian
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: THE BANK OF NEW YORK MELLON
Docket 13
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Miguel Luciano Beno Represented By Cameron H Totten
Movant(s):
The Bank of New York Mellon f/k/a Represented By
Erica T Loftis Pacheco
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: ACAR LEASING LTD
Docket 8
6/20/19 - Jennifer H. Wang (714) 431-1058, has been approved for telephonic appearance on 7/2/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Kary Anne Weybrew Represented By Steven A Alpert
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.
Docket 9
6/20/19 - Jennifer H. Wang (714) 431-1058, has been approved for telephonic appearance on 7/2/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Pamela Pearl McCowen Represented By Julie J Villalobos
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: NATIONSTAR MORTGAGE, LLC.
Docket 13
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):
David Acosta Pro Se
Movant(s):
Nationstar Mortgage LLC D/B/A Represented By
Gilbert R Yabes
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: CITYWIDE PROPERTY MANAGEMENT & CONSULTING, INC.
Docket 15
7/1/19 - Case dismissed on 6/6/19 due to Non-Individual Debtor lacking counsel. Case Closed on 6/28/19.
Case has been dismissed. Motion does not seek extraordinary relief. Deny motion as moot. No appearance required. Court will prepare order.
Debtor(s):
Western Pacific International, Inc Pro Se
Movant(s):
Citywide Property Management & Represented By
Joseph Cruz
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: CENTER STREET LENDING FUND IV SPE, LLC. fr. 11-27-18, 12-12-18, 2-6-19, 2-27-19, 4-17-19, 5-29-19
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.
Tentative Ruling for May 29, 2019:
Revisit motion after conclusion of hearings on related matters on calendar.
Final Ruling for May 29, 2019:
Continue hearing to July 2, 2019 at 10:00 a.m. Movant may file and serve supplemental declaration as to what debtor is failing to do that means it is not adequately protected not later than June 11, 2019. Debtor will have to and including June 21, 2019 to file and serve a response to any such declaration.
10:00 AM
Tentative Ruling for July 2, 2019:
Debtor has now paid post-petition taxes. (Although debtor only paid the December 2018 and April 2019 installments, it appears that the taxing authority is treating the installment that became delinquent when it was not paid on April 10, 2018 as relating to the prepetition period.)
If debtor has proof that she has made the reimbursement payment for cash collateral used for personal purposes from a source other than cash collateral by June 30, 2019, enter adequate protection order requiring debtor to remain current on post-petition taxes and insurance and to spend the cash collateral only for purposes authorized by the cash collateral order. If debtor fails to do any of the foregoing, movant can serve a 14-day cure notice. If debtor fails to cure the default witthin this 14-day period, movant can file declaration re default and upload order granting relief from stay. (Movant should use mandatory form; form should provide for a maximum of 3 cure notices.)
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Movant(s):
Center Street Lending Fund IV SPE, Represented By
Kristin A Zilberstein
10:00 AM
MOVANT: WITERBEE PROPERTIES, LLC.
Docket 67
- NONE LISTED -
6/11/19 -- Court approved order resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
Witherbee Properties, LLC Represented By Christopher O Rivas
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, 11-27-18, 2-26-19, 4-16-19
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
Tentative Ruling for February 26, 2019:
Rule 68 offer, if it was an offer of money to plaintiff, is inappropriate here. The claim is a claim under section 727 only. Plaintiff cannot accept a monetary settlement from the defendant. Therefore, any Rule 68 offer of money to plaintiff will not have its intended effect because plaintiff cannot accept it.
However, there is such a thing as a compromise of a 727 action. Plaintiff could agree, for example, to drop his objection to discharge in exchange for the defendant's delivering certain monies or returning certain assets to the estate for the benefit of creditors generally.
Has either party filed any pretrial motions? What motions have been or will be filed? Hearing required.
Tentative Ruling for April 16, 2019:
Revisit status of action after conclusion of related matters on calendar.
Tentative Ruling for July 2, 2019:
Court has a number of minor comments concerning the form of the joint pretrial order that will be discussed on the record at the time of hearing. Set deadline for parties to lodge revised pretrial order, trial date and briefing schedule.
Debtor(s):
Joseph Michael Garcia Represented By John Asuncion
Defendant(s):
Joseph Michael Garcia Represented By Sevan Gorginian
2:00 PM
Plaintiff(s):
Michael Cunjak Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01058 CALIFORNIA CAPITAL INSURANCE CO. v. ROUNTREE et al
Danielle Rountree
fr. 5-8-18, 6-5-18, 9-11-18, 12-4-18, 3-5-19, 4-9-19
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
2:00 PM
approximately same time frame.
12/11/18 -- Court issued order imposing sanctions of $150 on defendant's counsel for failing to review local rules and therefore being unaware that obligation to cause a joint status report to be filed is a joint obligatoin and making no effort to contact plaintiff's counsel in a timely manner to prepare or discuss preparation of joint status report. Court extended discovery cutoff to February 28, 2019 and set deadline for filing pretrial motions of January 15, 2019. (Any such motions should be set for hearing not later than March 5, 2019.) Court waived requirement of joint status report for March 5 status conference only.
Tentative Ruling for March 5, 2019:
No pretrial motions have been filed and scheduled for March 5. Have parties now completed discovery? If so, set date for pretrial conference and deadline for lodging joint pretrial order. Is this an appropriate matter to be sent to mediaton? If not, why not? Hearing required.
Final Ruling for March 5, 2019:
Continue status conference to April 9, 2019 at 2:00 p.m. Defendant will file and serve by March 11, 2019 motion to extend discovery cutoff to permit defendant to depose Mr. Fiorelli and set motion for hearing on April 9, 2019 at 2:00 p.m. Motion should include discussion of why this motion was brought so long after expiration of discovery cutoff.
Tentative Ruling for April 9, 2019:
Revisit status of action after conclusion of hearing on motion to extend discovery cutoff.
Tentative Ruling for July 2, 2019:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order (the one setting deadline for filing pretrial motions) as directed by the Court at April 9 hearing. Impose additional sanctions of $150
2:00 PM
on counsel for each party for failing to file joint status report in a timely manner.
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#: 2:19-01130 Leslie v. Broidy et al
Docket 1
- NONE LISTED -
6/13/19 -- Court approved stipulation for voluntary dismissal of action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Clotrimazole, Inc. Represented By Alan F Broidy
Defendant(s):
Alan F. Broidy Pro Se
Heather B Broidy Pro Se
Plaintiff(s):
Sam S. Leslie Represented By Rosendo Gonzalez
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:18-01338 Yoo v. Timberland Bank
Complaint by Timothy J. Yoo against Timberland Bank fr. 1-8-19, 1-29-19, 5-14-19
Docket 1
- NONE LISTED -
11/21/18 -- Court approved stipulation giving defendant until December 12, 2018 to respond to complaint.
12/14/18 -- Court approved stipulation continuing status conference to January 29, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
Tentative Ruling for January 29, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
Tentative Ruling for July 2, 2019:
Revisit status after conclusion of hearing on motion for approval of compromise.
2:00 PM
Debtor(s):
Colima BBQ, Inc Represented By Jaenam J Coe
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Docket 201
- NONE LISTED -
Hearing required.
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
2:00 PM
Adv#: 2:18-01337 Yoo v. Timberland Bank et al
#204.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))
Complaint by Timothy J. Yoo against Timberland Bank fr. 1-8-19, 1-29-19, 5-14-19
Docket 1
- NONE LISTED -
11/21/18 -- Court approved stipulation giving defendant until December 12, 2018 to respond to complaint.
12/14/18 -- Court approved stipulation continuing status conference to January 29, 2019 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2019.
Tentative Ruling for January 29, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
Tentative Ruling for July 2, 2019:
Revisit status after conclusion of hearing on motion for approval of compromise.
2:00 PM
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Defendant(s):
Timberland Bank Represented By Marshall F Goldberg
Timberland Bank c/o Glass & Represented By Marshall F Goldberg
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Docket 228
- NONE LISTED -
Hearing required.
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
2:00 PM
Adv#: 2:18-01462 Venegas v. Educational Credit Management Corporation, a non-p
fr. 2-26-19, 4-9-19
Docket 1
6/24/19 - Scott Schiff, (310)276-2026, has been approved for telephonic appearance on 7/2/19 @ 2pm
2/1/19 -- Court approved stipulation continuing status conference to April 9, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 26, 2019.
3/21/19 -- Court approved stipulation dismissing Navient and adding ECMC. ECMC has to and including 10 days after entry of order to respond to complaint.
Tentative Ruling for April 9, 2019:
Continue status conference to July 2, 2019 at 2:00 p.m. Parties should file updated joint status report not later than 14 days prior to continued status conference date.
Tentative Ruling for July 2, 2019:
Continue status conference to October 1, 2019 at 2:00 p.m. Parties should file updated joint status report not later than 14 days prior to continued status conference date. APPEARANCES WAIVED ON JULY 2, 2019.
2:00 PM
Debtor(s):
Dante Lorenzo Venegas Pro Se
Defendant(s):
Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Dante Lorenzo Venegas Represented By
C John M Melissinos Keith Patrick Banner
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01022 Avery v. Beverly Hills Bestfields Investments, Inc. et al
fr. 4-2-19
Docket 1
4/24/19 - Notice of dismissal filed for Benjamin An, Corbel Architects, Inc. and King Star Security Patrol, Inc.
6/24/19 - Nami King, (310)785-0885, has been approved for telephonic appearance on 7/2/19 @ 2pm
3/5/19 -- Court approved stipulation continuing defendant's deadline to respond to complaint to March 13, 2019.
Tentative Ruling for April 2, 2019:
Is it appropriate for the trustee to have sued all of these lienholders in a single adversary proceeding? Would it have been more appropriate for separate adversary proceedings to be brought against these defendants?
None of the parties have asked that the matter be sent to mediation. What needs to happen before it would be appropriate to send this matter to mediation?
Hearing required.
Final Ruling for April 2, 2019:
2:00 PM
Continue status conference to July 2, 2019 at 2:00 p.m. Parties shall file joint status report not later than June 18, 2019. Trustee will dismiss his claims against the answering defendants (other than Beverly Hills Bestfields Investments, Inc.) without prejudice and file new adversary proceedings against these three separately.
4/24/19 -- Trustee filed notice of dismissal of defendants Benjamin An, Corbel Architects, Inc. and King Star Security Patrol, Inc.
Tentative Ruling for July 2, 2019:
Why don't the parties want this matter sent to mediation? Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Beverly Hills Bestfields Represented By Nami Kang
Accu-Test Structural Laboratories, Pro Se Thomas Kim, dba Global Pro Se
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01023 Avery v. Kim et al
Youngsook Kim, Ki Y Jang fr. 4-2-19
Docket 1
- NONE LISTED -
Tentative Ruling for April 2, 2019:
In status report, trustee states that he has agreed to extend the deadline for Bon Koo Kim and Youngsook Kim to respond to the complaint until April 10, 2019. Court approval is required for such an extension. Trustee should either file a stipulation to this effect and upload order or at least upload a form of order to memorialize this extension.
Can this matter be adjudicated before the adversary proceeding on calendar as number 209 has been resolved, at least in part? How can the court determine whether there is any equity in the property and therefore whether there is any point in authorizing a sale of the property until it has determined whether any of the liens the trustee has challenged are avoidable?
Hearing required.
Final Ruling for April 2, 2019:
Continue status conference to July 2, 2019 at 2:00 p.m. Parties shall file joint status report not later than June 18, 2019.
Tentative Ruling for July 2, 2019:
2:00 PM
Trustee filed a unilateral status report. Where is the declaration that the local rules require accompany a unilateral status report?
What, if anything, is left of this action? There is a stipulation for the entry of judgment, reciting that the two defendants stipulating to judgment are the two remaining defendants. Why doesn't the status report say anything about the defaults or the stipulation? In other words, the status report does not contain any information actually relevant to the status of this action. This is problematic. Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Bon Koo Kim Pro Se
Youngsook Kim Pro Se
Ki Y Jang Pro Se
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01116 Avery v. An
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):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Benjamin An Represented By
Steven J Barkin
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01117 Avery v. Corbel Architects, Inc.
Docket 1
- NONE LISTED -
Continue status conference approximately 90 to 120 days. When do parties think they will be in a position to commence settlement negotiations? Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Corbel Architects, Inc. Represented By Matthew A Lesnick
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01118 Avery v. King Star Security Patrol, Inc.
Docket 1
- NONE LISTED -
Continue status conference approximately 90 to 120 days. When do parties think they will be in a position to commence settlement negotiations? Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
King Star Security Patrol, Inc. Represented By Baird A Brown
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01121 Little v. Navient Solutions, Inc.
Docket 1
- NONE LISTED -
Set discovery cutoff for late October, 2019. 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):
Tamiko Dionne Little Represented By EmmaElizabeth A Gonzalez
Defendant(s):
Navient Solutions, Inc. Represented By Dennis C. Winters
Plaintiff(s):
Tamiko Dionne Little Represented By Leigh E Ferrin
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:19-01131 Howard M. Ehrenberg, Chapter 7 Trustee of the Bank v. Chul Joo Lee et al
Docket 1
- NONE LISTED -
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):
Chul Joo Lee Represented By
Young K Chang
Defendant(s):
Chul Joo Lee Represented By
Young K Chang
An Chul Choi Pro Se
Plaintiff(s):
Howard M. Ehrenberg, Chapter 7 Represented By
Zi Chao Lin
Trustee(s):
Howard M Ehrenberg (TR) Represented By Zi Chao Lin
2:00 PM
2:00 PM
Adv#: 2:18-01359 NG DIP Liquidating Trust v. I-parcel, LLC
fr. 1-8-19, 2-26-19, 4-2-19, 4-30-19, 5-21-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
2/28/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
4/3/19 -- Court approved stipulation continuing response date to April 29, 2019, and continuing status conference to May 21, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
5/7/19 -- Court approved stipulation continuing response date to June 7, 2019 and continuing status conference to July 2, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 21, 2019.
OFF CALENDAR. ADVERSARY PROCEEDING DISMISSED AND CLOSED.
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):
I-parcel, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01361 NG DIP Liquidating Trust v. Lavish Alice
fr. 1-8-19, 4-2-19, 5-21-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
3/29/19 -- Court approved stipulation pursuant to which motion for default judgment was withdrawn, defendant was given until May 13, 2019 to respond to complaint and status conference was continued to May 21, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 2, 2019. NO APPEARANCE REQUIRED.
5/7/19 -- Court approved stipulation continuing response date to June 7, 2019 and continuing status conference to July 2, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 21, 2019.
6/18/19 -- Court approved stipulation continuing status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JULY 2, 2019.
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
2:00 PM
Defendant(s):
Lavish Alice Represented By
Alan M Kindred
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01367 NG DIP Liquidating Trust v. United Parcel Service, Inc.
fr. 1-8-19, 2-26-19, 4-2-19, 4-30-19, 5-21-19
Docket 1
- NONE LISTED -
12/7/18 -- Court approved stipulation continuing response date to January 31, 2019 and continuing status conference to February 26, 2019 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2019.
1/29/19 -- Court approved stipulation continuing response date to March 1, 2019, and continuing status conference to April 2, 2019 at 2:00 p.m. OFF
CALENDAR FOR FEBRUARY 26, 2019.
2/28/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
4/3/19 -- Court approved stipulation continuing response date to April 29, 2019, and continuing status conference to May 21, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
OFF CALENDAR. ADVERSARY PROCEEDING DISMISSED AND CLOSED.
5/7/19 -- Court approved stipulation continuing response date to June 7, 2019 and continuing status conference to July 2, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 21, 2019.
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):
United Parcel Service, Inc. Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
Docket 41
- NONE LISTED -
Overrule evidentiary objections to Kim declaration on both procedural and substantive grounds.
Tentative Ruling on the Merits:
Park filed his own chapter 7 bankruptcy case on 1/26/18. Elissa Miller was appointed chapter 7 trustee in that case. On 1/29/18, he entered into a loan agreement with MAP on behalf of his wholly-owned corporation, the Debtor. He then filed a chapter 11 bankruptcy for the Debtor on 2/9/18.
There is no dispute that Park's stock in the debtor, and therefore 100 percent ownership of the debtor, became an asset of Park's chapter 7 bankruptcy estate under the control of trustee Miller when Park filed chapter 7; however, this is not the issue. The cases upon which the trustee relies arose in the context of LLC's, which are slightly different than corporations.
How an LLC is managed depends on what its operating agreement says, and an LLC can either be a member-managed LLC or it can be managed by managers who may or may not be members. (And some actions, like filing bankruptcy or selling or encumbering assets, may need to be approved by a majority or a supermajority of the members under the operating agreement.) The manner in which corporations are governed is determined by statutes and the corporations bylaws, but corporations always have officers and boards of directors and are not governed by shareholders directly (unless a shareholder happens to be elected to the board of directors or appointed as
2:00 PM
an officer). Although a corporation's bylaws could impose additional requirements to authorize various types of transactions, like encumbering assets or filing bankruptcy, in the absence of such provisions, all corporate authority is likely to reside in the board of directors or an officer to whom the board has delegated this authority.
Whether the debtor is a single member LLC or a corporation wholly owned by a single individual, when that single member or single shareholder files his own chapter 7 bankruptcy, his chapter 7 trustee holds all of the rights the debtor held by virtue of his owning the entire company and would be free to exercise those rights. Caselaw cited by the parties uses the rubric of section 363 to discuss whether the trustee needs court approval to exercise rights or not: if the right sought to be exercised is in the ordinary course of business for the debtor, the trustee should be able to exercise those rights without first seeking court approval. If the proposed action would be outside the ordinary course of business, court approval would be required.
The Court agrees with trustee Yoo that no inference should be drawn from the fact that trustee Miller sought court approval to exercise Park's rights as the sole shareholder of Onesan, and the court rejects MAP's contention that trustee Miller would necessarily have had to seek court approval before exercising her rights as a shareholder to oust Park as an officer of the Debtor. (Attending shareholder meetings and electing boards of directors may well be ordinary course activities for a shareholder.)
However, although it is clear that trustee Miller had the authority to assume control over the debtor, did she actually take any steps to do so? Did she write a letter to Park, in his capacity as President of the debtor, telling him that he was being removed as an officer and should have nothing further to do with the operations of the Debtor? The Debtor was an operating business at that point. Did trustee Miller assume responsibility for the operation of that business? Unless and until she did so, is it correct to say that she immediately became the only party authorized to contract on behalf of the Debtor?
And even if this is the case and trustee Miller became the only party authorized to bind the Debtor to a loan agreement immediately upon the filing
2:00 PM
of Park's bankruptcy case, what is the effect of Park's having entered into an agreement on behalf of an entity that was not then in bankruptcy without proper corporate authority? Trustee Yoo jumps to the conclusion that this would make the transaction void, but what would California law say on the subject?
If someone purporting to be an authorized representative of a California entity, ostensibly in charge of that entity and operating its business, enters into a loan agreement on behalf of that company and actually receives loan proceeds from a lender, what rights would that lender have under applicable nonbankruptcy law? Is the lender expected to check to see if the principal of the borrower signing the documents on the borrower's behalf is himself in a bankruptcy case in which a trustee has been appointed? Or would there be some theory of apparent or inherent authority upon which the lender could rely if it acted in good faith without knowledge of the lack of authority? The Court does not know the answer to these questions and the parties have not briefed this issue. Therefore, the Court is not presently in a position to grant the plaintiff's request for partial summary adjudication on this claim for relief.
The second claim on which trustee Yoo seeks summary adjudication is that, even if MAP's lien is valid, it is junior to that of Quentin Meats ("QM"), and QM's lien was avoided by trustee Yoo and preserved for the benefit of the estate under section 551 or should be transferred to the estate pursuant to section 510(c) of the Bankruptcy Code. The Court rejects Yoo's argument under section 510(c). This only comes into play in the context of equitable subordination, and trustee Yoo has not established that the facts and circumstances here are sufficient to warrant equitable subordination.
With regard to the 551 argument, genuine issues of material fact remain. Under section 551, any transfer avoided under section 522, 544, 545, 547, 548, 549 or 724(a), or any lien that secures a claim that is not a valid claim, "is preserved for the benefit of the estate" with regard to property of the estate. The term "lien" is defined in section 101(37) of the Bankruptcy Code and means a "charge against or interest in property to secure payment of a debt or performance of an obligation." Inasmuch as neither the stipulation between trustee Yoo nor the order approving that stipulation say whether QM has a lien that is being avoided and, if so, under what theory, it is a disputed
2:00 PM
issue whether section 551 applies on these facts.
Court agrees that a trustee is not required to have commenced an adversary proceeding in order for a lien avoidance to qualify under this section and that avoidance through compromise could suffice. However, in order for a lien to be avoided and preserved under section 551, there at least needs to have been a lien. A trustee cannot negotiate a compromise with a creditor who filed a proof of claim, asserting without any basis whatsoever that it held a secured claim, and then assert that the creditor's nonexistent "lien" should be "preserved" for the benefit of the estate. A lien had to at least exist under applicable nonbankruptcy law in the first place.
Attachment and perfection are two different things. A lien may be unperfected, but may still be a lien. Under Cal. Com. Code section 9203, a security interest is created with respect to specific collateral when the borrower has signed a security agreement describing the collateral, value has been given and the borrower has rights in the collateral. (This is attachment.) A security agreement is defined in section 9102 as an agreement that creates or provides for a security interest. The case law makes clear that no special wording or formulaic language is required to create a security interest. The issue is whether the parties intended the transaction to create a security interest.
A financing statement alone rarely qualifies as the required security agreement because it generally does not contain any granting language and, more importantly, because it is not generally signed by the borrower. Here, QM argued that the escrow instructions, which were signed by the borrower and instruct escrow to record UCC-1's with regard to the personal property of the Debtor, qualify as the security agreement. The Court never resolved this issue.
If there was a valid lien, there were theories under which QM's lien might have been avoided. Insofar as the lien was intended to secure the balance due on the outstanding receivables, it would appear that the granting of the lien would be a preferential transfer. Insofar as the lien was intended to secure the repayment of the $250,000 loan to Park, trustee Yoo argues that the lien would was avoidable as a fraudulent transfer. (Would this be true if,
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as trustee Yoo appears to concede in his moving papers, Park used the proceeds of the loan to repay a portion of the Debtor's obligation to QM? Satisfaction of an antecedent debt constitutes value in the context of a fraudulent transfer, but could make the transaction into a preference.)
It seems likely that the plaintiff will eventually prevail at least on his claim under section 551, but granting summary adjudication of this issue when genuine issues of material fact remain unresolved would be inappropriate.
Deny motion in its entirety.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Movant(s):
Timothy Yoo (TR) Represented By Monica Y Kim
Timothy Yoo (TR) Represented By Monica Y Kim
Timothy Yoo (TR) Pro Se
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim
2:00 PM
Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
fr. 1-15-19, 5-14-19
Docket 1
- NONE LISTED -
Why don't the parties want this matter sent to mediation? Hearing required. 1/17/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 14, 2019 at 2:00 p.m. L/D to file updated status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
1/25/19 -- Court approved order appointing mediators.
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame.
Tentative Ruling for July 2, 2019:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
10:00 AM
[Presumption of undue hardship]
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):
Carlos Marroquin Represented By Raymond Perez
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 14
- NONE LISTED -
Dismiss case based on debtor's failure to pay installments.
Debtor(s):
Candice Nichole Williams Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 195
6/28/19 - Jacqueline James, (818)501-3800, has been approved for telephonic appearance on 7/3/19 @ 10am
Grant motion. Approve compromise. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Movant(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
10:00 AM
Docket 63
- NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Andrew Stephen Hennigan Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
Andrew Stephen Hennigan Represented By Daniel J Weintraub Nina Z Javan
10:00 AM
U.S.C. section 1112(b)(1)
Docket 14
- NONE LISTED -
6/24/19 -- Court approved stipulation resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Olivia Luna Guerrero Pro Se
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
10:00 AM
Docket 1
- NONE LISTED -
6/24/19 -- Court dismissed case pursuant to stipulation. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Olivia Luna Guerrero Pro Se
10:00 AM
Approving the Sale of Real Property of the Estate Free and Clear of Certain Liens Pursuant to Bankruptcy Code §§ 363(b)(1) and (f), Subject to Overbids, Combined With Notice of Bidding Procedures and Request for Approval of the Bidding Procedures Utilized
Approving Payment of Real Estate Commission
Approving Turnover of Real Property of the Estate
Granting Related Relief
Docket 140
7/2/19 - Kelly Sweeney, (818)915-0415, has been approved for telephonic appearance on 7/3/19 @ 10am.
Grant motion, approve bidding procedures and authorize sale to highest bidder, except as follows:
Subsequent overbid increment of $1,000 is too low. Subsequent overbid increment should be $5,000 (or more).
Court will authorize sale free and clear of disputed liens, but liens not paid out of escrow should attach to net proceeds with the same validity and priority as the original liens. Proceeds should remain in trust pending further order of the court as to the validity of the disputed liens.
Court does not require the unsuccessful bidder to be a backup bidder. Order should give unsuccessful bidder the option to become the backup bidder and purchase the property without further court order at its highest bid. (If successful purchaser does not close, trustee should give backup bidder 48 hours to agree to purchase property and deliver deposit. In the interim, trustee should return deposit of backup bidder.)
10:00 AM
Court has no problem with turnover provisions with regard to affiliates of the debtor (Henderson). If other tenant, CA Comfort Heating & Air Inc., is a true third party and not merely another dba of debtor's husband, trustee will need to use applicable nonbankruptcy law to evict nonpaying tenant.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Movant(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
10:00 AM
Docket 24
- NONE LISTED -
Trustee reports that he has not received any overbids in a timely manner. Grant motion. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Lennon and Wolfe, Inc. Represented By Steven L Bryson
Movant(s):
Timothy Yoo (TR) Represented By Steven T Gubner
Trustee(s):
Timothy Yoo (TR) Represented By Steven T Gubner
10:00 AM
Docket 13
- NONE LISTED -
Court has already denied debtor's motion to declare foreclosure sale null and void as a violation of the stay. (Court had already granted in rem relief in prior case.) What does debtor hope to accomplish by converting case to chapter 13? What would plan look like? Is there any possible reorganization here?
Debtor sought (and obtained) a waiver of the filing fee, claiming that she had no income. How is the debtor an individual with regular income?
Hearing required.
Debtor(s):
Hyon Lee Pro Se
Movant(s):
Hyon Lee Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 25
- NONE LISTED -
Grant motion. Approve overbid procedures and authorize sale to highest bidder.
Debtor(s):
Sarah Lyn Wong Represented By Robert M Aronson
Movant(s):
Timothy Yoo (TR) Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
10:00 AM
Docket 1
- NONE LISTED -
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.
10:00 AM
Final Ruling for November 7, 2018:
Continue status conference to February 6, 2019 at 11:00 a.m. Debtor should file and serve updated status report by January 25, 2019.
Tentative Ruling for February 6, 2019:
Debtor still has not filed plan and disclosure statement. Debtor should devise plan structure that will work no matter the outcome of the pending matters.
Set deadline for filing plan and disclosure statement for approximately 60 days. Continue case status conference to date that will coincide with date of hearing on disclosure statement.
2/12/19 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- April 22, 2019 Hearing on disclosure statement -- June 5, 2019 at 2:00 p.m. Cont'd case status conference -- June 5, 2019 at 2:00 p.m.
Tentative Ruling for June 5, 2019:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for July 3, 2019:
Replacement counsel asked court to conduct an earlier status conference. No new status report has been filed. What is the current status of this case and what issues did replacement counsel wish to bring to the court's attention?
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
10:00 AM
Docket 10
- NONE LISTED -
It is bad faith for a debtor to commence a bankruptcy case without any intention to prosecute the case; however, the interests of creditors would be better served by this case remaining in bankruptcy and the only "cause" for dismissal is the debtor's failure to fulfill his responsibilities. Once a chapter 7 bankruptcy case has been filed, debtor does not have the right to dismiss the case at will. Failing to fulfill the debtor's duties for the purpose of causing the case to be dismissed is inappropriate. Grant trustee's request for an order directing the clerk's office not to dismiss the case based on the debtor's failure to file the required documents in a timely manner, but deny request that debtor's duties under section 521 be waived. (Court may later conclude that it is more appropriate to enter an order compelling debtor to fulfill these duties.)
Debtor claims that he would like to convert the case to chapter 13. Granting this motion would not prevent the debtor from filing a motion to convert to chapter 13 if he would like to do so. Trustee is likely to oppose that motion, and court will conduct a hearing at that time to determine whether conversion should be permitted on these facts.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra
Movant(s):
Wesley H Avery (TR) Represented By
10:00 AM
Trustee(s):
David M Goodrich
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
[Fees requested: $69197.66, Expenses: $1113.40]
Docket 122
- NONE LISTED -
Continue hearing to give applicant to file an amended application that addresses the concerns raised by the United States Trustee. Further, inasmuch as there appear to be significant factual disputes between debtor and counsel as to such matters as whether billing statements were sent, whether misrepresentations were made and whether counsel performed services in a competent manner, it appears that an evidentiary hearing may be required. Discuss schedule for these matters with the parties.
Debtor(s):
Golden Vista Construction Inc Represented By Jason Wallach
Movant(s):
Stephen L. Burton Represented By Stephen L Burton
Randolph L Neel Represented By Stephen L Burton
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
10:00 AM
Docket 13
- NONE LISTED -
Grant motion to the extent that it seeks dismissal of case. Discuss with US Trustee whether there are sufficient grounds to impose a bar to refiling.
Debtor(s):
Leonel Wilfredo Fabian Perez Pro Se
Movant(s):
United States Trustee (LA) Represented By Kelly L Morrison
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:00 PM
MOVANT: U.S. BANK NATIONAL ASSOCIATION
Docket 11
7/11/19 - Megan Lees, (619) 501-3503, has been approved for telephonic appearance on 7/16/19 @ 1pm
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):
Esmeralda Montelongo Pro Se
Movant(s):
U.S. Bank National Association, as Represented By
Robert P Zahradka
Trustee(s):
Elissa Miller (TR) Pro Se
1:00 PM
VIN # 1FA6P8TH7J5104694 MOVANT: CAB WEST, LLC.
Docket 8
7/10/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 7/16/19 @ 1pm
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Sophim Mansy Represented By Steven B Lever
Movant(s):
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
Heide Kurtz (TR) Pro Se
1:00 PM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 8
7/10/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 7/16/19 @ 1pm
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Gonzala Rodarte Represented By
D Justin Harelik
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:00 PM
MOVANT: DAIMLER TRUST
Docket 10
7/10/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 7/16/19 @ 1pm
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Excel Trucking Services, Inc. Represented By Tamar Terzian
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
Heide Kurtz (TR) Pro Se
1:00 PM
MOVANT: JAIME & TANNYA LEYVA
Docket 55
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3). Permit movant to proceed against debtor solely for the purpose of accessing insurance.
Debtor(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Movant(s):
Jaime & Tannya Leyva Represented By Bradley E Brook
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:18-01326 Baumann et al v. Puentes et al
Miguel Gutierrez , VIP Real Estate Firm , Does 1- 10 fr. 1-8-19, 3-12-19, 4-9-19
Docket 1
7/3/19 - Matt Corsaut, (916)354-2000 has been approved for telephonic appearance on 7/16/19 @ 2pm
The Court will not serve a summons and complaint on any of the defendants. Once the plaintiff receives the additional/replacement/alias summons, it is the obligation of the plaintiff to serve the summons before it becomes stale.
Has an alias summons been issued? Has it been served on all remaining defendants? The parties who completed the status report both indicated that they would like this matter sent to mediation. Discuss timing of mediation with the parties.
2/11/19 -- Court granted ex parte application extending deadline for defendants Guttierez and VIP Real Estate to respond to complaint to March 8, 2019 (rather than March 11, 2019). (Order to this effect approved
February 27, 2019.)
Tentative Ruling for March 12, 2019:
Have defendants now filed answers to complaint? Parties both requested mediation. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
2:00 PM
Final Ruling for March 12, 2019:
Impose sanctions on counsel for plaintiffs of $150 for failing to attend status conference. Continue status conference to April 9, 2019.
Tentative Ruling for April 9, 2019:
Set deadline for filing of amended complaint and filing of response to amended complaint. Continue status conference approximately 90 days.
Tentative Ruling for July 16, 2019:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge order on motion to dismiss. Scheduling order lodged did not contain any reference to deadlines for filing amended complaint or responding thereto. (Court instructed plaintiff to lodge order denying motion to dismiss but including deadlines for filing amended complaint and responding thereto.) Plaintiff was to file amended complaint by May 14, 2019 and defendants were to file and serve response by June 14, 2019.
Plaintiff should use LOU program for lodging orders.
Continue status conference to July 30, 2019 at 2:00 p.m. to be held concurrently with hearing on defendant's motion to dismiss first amended complaint.
Debtor(s):
Jose Jesus Puentes Represented By
Raj T Wadhwani
Defendant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Miguel Gutierrez Represented By Jessica Rosen
2:00 PM
Rinat B Klier-Erlich June E Poyourow
VIP Real Estate Firm Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
Does 1- 10 Pro Se
FRANCISCO LOPEZ Pro Se
Nohemi Felix Pro Se
Sol Gonzalez Pro Se
Plaintiff(s):
Chris Baumann Represented By Matthew Corsaut
Durga Baumann Represented By Matthew Corsaut
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01017 Bradley D. Sharp, Chapter 7 Trustee v. Global Merchant Cash, Inc.
fr. 4-2-19
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.
6/4/19 -- OFF CALENDAR. COURT GRANTED MOTION FOR DEFAULT JUDGMENT.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Defendant(s):
Global Merchant Cash, Inc. Pro Se
Plaintiff(s):
Bradley D. Sharp, Chapter 7 Trustee Represented By
Elissa Miller
Trustee(s):
Bradley D. Sharp (TR) Represented By
2:00 PM
Elissa Miller
2:00 PM
Adv#: 2:19-01139 Gonzalez v. De La Madrid et al
Docket 1
- NONE LISTED -
Since no response to complaint was received, court permission to file amended complaint is not required. Nevertheless, set deadline for plaintiff to file amended complaint.
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Danniel De La Madrid Pro Se
Llamas Estates, LLC Pro Se
Muziknewum Nevada Irrevocable Pro Se
Castizo Holdings, LLC 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
LLC, Mehran Farhadi, Joseph Ghadir, Raymond Aver fr. 6-26-18, 8-14-18, 11-6-18, 12-4-18, 2-26-19, 4-9-19
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.
12/11/18 -- Court entered order granting motion to dismiss with regard to breach of contract and fraud claims with leave to amend and denying balance of motion. Amended complaint will be due January 8, 2019. Responses will be due January 29, 2019. Continued status conference will be February 26,
2:00 PM
2019 at 2:00 p.m.
Tentative Ruling for February 26, 2019:
Continue status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with motion to dismiss second amended complaint. Parties have both requested that matter be sent to mediation. If parties would like to participate in mediation prior to date of continued status conference, they should lodge an order appointing a mediator and an alternate mediator.
APPEARANCES WAIVED ON FEBRUARY 26, 2019.
Tentative Ruling for April 9, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for July 16, 2019:
According to the status report, defendant plans to file a motion challenging the court's jurisdiction (although it has consented to the entry of final orders by the court, which appears incongruous).
Set deadline for the filing of such a motion and continue status conference to date set for hearing on that motion.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
Defendant(s):
PA Investment Fund, LLC Represented By Saul Reiss
Mehran Farhadi Represented By Saul Reiss
Joseph Ghadir Represented By Saul Reiss
2:00 PM
Raymond Aver Pro Se
Plaintiff(s):
Arroyo Vision Care, LLC Represented By Chad V Haes Stella A Havkin Saul Reiss
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 171
7/16/19 - Andrew Smith, (323) 933-8401, has been approved for telephonic appearance on 7/16/19 @ 2pm
Notice of motion is defective, as it instructs parties in interest that they must file an opposition 42 days before the hearing, rather than 21. Where is the separate statement that the caption promises is being filed separately? Was it ever filed?
What is the difference between the trustee's first claim for relief and his third claim for relief?
There was reasonably equivalent value given in exchange for the imposition of the deeds of trust in that securing an antecedent debt is reasonably equivalent value. Thus, the trustee cannot prevail under a constructive fraud fraudulent transfer theory under either state or federal law. (Trustee has never challenged the validity of the underlying obligations to Hooshim or Oh.) The trustee can assert claims under an actual fraud fraudulent transfer theory only. Therefore, recovery under his sixth claim for relief (548(a)(1)(B)) (and under any other claims based on constructive fraud) is barred.
Second claim for relief seeks the "reasonably equivalent value" for the liens transferred to Oh and Hooshim. "Reasonably equivalent value" is a term of art that does not apply here. The question is what is the value of the property transferred, not the "reasonably equivalent value."
Trustee cannot obtain judgment on his fourth claim for relief. This seeks avoidance of the liens themselves and the appellate courts have held that the trustee lacks standing to avoid the liens as he no longer owns the property.
2:00 PM
Only the alternate recovery (value) remains available under section 550.
Court has already ruled that the damage claims are timely because they relate back to the original complaint. The court instructed the trustee to consolidate the different actions by commencing a new action and it was crystal clear at the time that this was a procedural step taken at the instruction of the court and that no substantive rights were to be compromised by virtue of this consolidation. Court will not relitigate this issue.
Court rejects the idea that all of the relevant factual findings have been vacated. The appellate decisions make clear that it was not disturbing this court's finding that the debtor executed the deeds of trust for the purpose of hindering, delaying or defrauding her creditors. However, the Court has never made a finding as to the value of the property (the liens) transferred, nor even as to the amount of damage suffered by the trustee due to the existence of these liens at the time of the sale, assuming that this is an appropriate alternate measure of the recovery under section 550. Would the property have actually sold for $150,000 more if these liens had not been on the property? What were these liens worth to the transferees? Could the debtor have paid the amounts due? Would the transferees have been able to recover this amount had they foreclosed on the property? These are material facts as to which there have not been any findings at all.
Deny motion for summary judgment/adjudication.
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
2:00 PM
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 Jason L Weisberg
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
Andrew Edward Smyth Stephen S Smyth
Movant(s):
Edward M Wolkowitz Represented By Matthew Abbasi
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, 12-18-18, 3-19-19
Docket 1
7/16/19 - Andrew Smith, (323) 933-8401, has been approved for telephonic appearance on 7/16/19 @ 2pm
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
2:00 PM
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.
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.
12/19/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- March 19, 2019 at 2:00 p.m. L/D to conduct discovery -- March 31, 2019
L/D to file joint status report -- March 5, 2019
Tentative Ruling for March 19, 2019:
Are the parties on track to complete discovery by March 31? Have they made arrangements to participate in a mediation before Meredith Jury?
Hearing required.
3/20/19 -- Court extended discovery cutoff to May 17, 2019.
Tentative Ruling for May 7, 2019:
No defaults were entered. Defendants have all answered. Certain of the parties have requested an extension of the discovery cutoff. Extend discovery cutoff to July 1, 2019. Plaintiff and Hooshim have expressed an
2:00 PM
intention to file motions for summary judgment or partial summary adjudication. Set deadline for the filing of these motions and continue status conference to date set for hearing on these motions.
5/8/19 -- Court signed scheduling order with following dates:
Cont'd status conference -- July 16, 2019 at 2:00 (Court waived requirement of joint status report)
L/D for plaintiff, debtor and Alexandre Oh to file motion for summary judgment or partial summary adjudication -- May 28, 2019
Hearings on foregoing motions -- July 16, 2019 at 2:00 L/D to complete discovery -- July 1, 2019
Tentative Ruling for July 16, 2019:
Revisit status after conclusion of related matters on calendar.
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 Jason L Weisberg
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 446
- NONE LISTED -
In its most recent order on the subject, its August 31, 2018 order granting UA's motion to release excess funds [docket no. 430], the court ordered that the remaining funds be held in WRSSR's client trust account "pending the resolution of the lien priority dispute between Buchalter Nemer, APC and Ulimate Action, LLC that is the subject of that certain lawsuit captioned "
The order did not say that the funds should be held until the lawsuit was resolved. The funds were to be held until the dispute was resolved.
Therefore, the question remains, has this lien priority dispute been resolved? Movant claims that it is now too late, either due to the statute of limitations or to res judicata, for Buchalter to assert a lien claim against these funds. That may be the case, but no court has yet held and this Court is not inclined to adjudicate the issue, for the reasons that have been previously discussed.
Buchalter has brought in state court, however belatedly, an application to compel arbitration of this issue. There is a hearing set on that application for August 16, 2019. If movant is correct that Buchalter is now barred from asserting a lien against the funds on deposit, Buchalter's application to compel arbitration of this issue should be denied. If the state court is inclined to permit another arbitration of this issue to go forward, it would appear that this lien dispute is not yet resolved.
Accordingly, continue this hearing to a date that is convenient for the court and the parties after August 16, 2019 and, in the interim, permit WRSSR to disburse to UA any amounts that it is currently holding in excess of the arbitration award of $566,866.37.
10:00 AM
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 O'Dea
10:00 AM
Docket 36
- NONE LISTED -
Grant motion. Enter order directing debtor and any other occupants to vacate premises and turnover possession to the trustee.
Debtor(s):
Maria D Olivas Pro Se
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
10:00 AM
fr. 6-5-19
Docket 190
- NONE LISTED -
5/28/19 -- Court approved stipulation continuing hearing to July 17, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
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
fr. 6-5-19
Docket 218
- NONE LISTED -
5/28/19 -- Court approved stipulation continuing hearing to July 17, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
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 28
- NONE LISTED -
7/11/19 -- Court approved stipulation resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Peter Spennato DDS Ortho & Pedo Represented By
David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
10:00 AM
Docket 32
- NONE LISTED -
7/11/19 -- Court approved stipulation granting motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Peter Spennato DDS Ortho & Pedo Represented By
David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
10:00 AM
Docket 35
- NONE LISTED -
7/11/19 -- Court approved stipulation resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Peter Spennato DDS Ortho & Pedo Represented By
David B Golubchik
Movant(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
10:00 AM
Docket 37
- NONE LISTED -
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):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
11:00 AM
Docket 1
7/1/19 - Jacqueline James, 818)501-3800, has been approved for telephonic appearance on 7/17/19 @ 11am
Tentative Ruling for January 10, 2019:
Discuss with trustee why he believes that keeping this case in chapter 11 makes more sense than converting the case to chapter 7. When does trustee think he will have all of the appropriate insurance coverages in place? Continue status conference for approximately 90 days.
Final Ruling for January 10, 2019:
Continue hearing to April 10, 2019 at 11:00 a.m. Trustee should file updated status report by April 1, 2019.
Tentative Ruling for April 10, 2019:
Court has reviewed the trustee's updated status report. Set continued status conference for July 17, 2019 at 11:00 a.m. Trustee should file updated status report by July 8, 2019. Waive appearances on April 10, 2019.
Tentative Ruling for July 17, 2019:
Has the sale of the Alondra property now closed? If not, what is the status of that sale?
What is the status of the proposed sale of the Anderson property? Has the
11:00 AM
financing contingency period passed?
Continue status conference approximately 90 days. Should the court set bar date and deadline for serving/publishing notice of bar date?
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
2:00 PM
fr. 6-5-19
Docket 203
- NONE LISTED -
Tentative Ruling for June 5, 2019:
Lender's failure to object to use of cash collateral, employment of professionals or sale of assets does not constitute consent to a surcharge of collateral. See Compton Impressions, Ltd. v. Queen City Bank (In re Compton Impressions), 217 F.3d 1256 (9th Cir. 2000) ("Mere cooperation with the debtor does not make the secured creditor liable for all expenses of administration." "A secured creditor's consent to the payment of designated expenses, limited in amount, is not a blanket consent to be charged with additional expenses not included in the consent agreement.").
Movant takes the position that the entirety of the trustee's fees, the entirety of the accountant's fees, the entirety of the manager's fees and the majority of trustee's counsel fees should be surcharged against the collateral. This is not appropriate. The only amounts that may be surcharged are those funds that are expended directly to protect and preserve the collateral.
Continue hearing and instruct movant to file supplemental declarations from each of the professionals with an edited version of their time sheets showing only the charges that they contend related directly to the protection and preservation of the collateral.
Inasmuch as chapter 11 fees are subordinate to chapter 7 fees, the court
2:00 PM
assumes that the trustee does not intend to bring a surcharge motion with regard to any of his chapter 7 fees. Is this correct?
Final Ruling for June 5, 2019:
Continue hearing to July 17, 2019 at 2:00 p.m. Movant should file and serve supplemental declaration by June 19, 2019. Any supplemental opposition should be filed and served by July 3, 2019. Any replies should be filed and served by July 10, 2019.
Tentative Ruling for July 17, 2019:
The amount of any surcharge needs to be capped at the value of the benefit obtained by the services for which the trustee seeks a surcharge. What would the assets have sold for if these services had not been performed?
There is testimony in the record that the business could not have been sold as a going concern, but would there have been any value to the business if it had been shut down and, if so, how much?
Hearing required.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
fr. 1-15-19, 5-14-19, 7-2-19
Docket 1
- NONE LISTED -
Why don't the parties want this matter sent to mediation? Hearing required. 1/17/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 14, 2019 at 2:00 p.m. L/D to file updated status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
1/25/19 -- Court approved order appointing mediators.
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame.
Tentative Ruling for July 2, 2019:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
Tentative Ruling for July 17, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
2:00 PM
Docket 190
7/10/19 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 7/17/19 @ 2pm
7/15/19 -- Court approved stipulation continuing hearing to September 4, 2019. OFF CALENDAR FOR JULY 17, 2019.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
10:00 AM
MOVANT: BENJAMIN AN
Docket 93
- NONE LISTED -
7/15/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JULY 30, 2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Movant(s):
Benjamin An Represented By
Steven J Barkin
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
10:00 AM
MOVANT: BANK OF AMERICA, NA
Docket 31
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Nicholas Cascione Represented By David H Chung
Joint Debtor(s):
Patricia Ann Cascione Represented By David H Chung
Movant(s):
BANK OF AMERICA, N.A. Represented By Gilbert R Yabes
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: CALEB GUITERREZ
Docket 14
7/29/19 - John Miller, (858)267-4127, has been approved for telephonic appearance on 7/30/19 @ 10am
7/24/19 - Evan Grant, (949)870-3800, has been approved for telephonic appearance on 7/30/19 @ 10am
Grant with waiver of Rule 4001(a)(3) to the extent necessary to permit movant to proceed against insurance proceeds. Deny extraordinary relief requested.
Debtor(s):
MRL DISTRIBUTOR LLC Represented By Rosendo Gonzalez Joyce Owens
Movant(s):
Caleb Guiterrez Represented By Evan W Grant
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: TODD WIGGEN
Docket 18
7/29/19 - John Miller, (858)267-4127, has been approved for telephonic appearance on 7/30/19 @ 10am
7/24/19 - Michael McDonald, (949)870-3800, has been approved for telephonic appearance on 7/30/19 @ 10am
Grant with waiver of Rule 4001(a)(3) to the extent necessary to permit movant to proceed against insurance proceeds. Deny extraordinary relief requested.
Debtor(s):
MRL DISTRIBUTOR LLC Represented By Rosendo Gonzalez Joyce Owens
Movant(s):
Todd Wiggen Represented By
Michael B McDonald
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
VIN# 4S3BNAC60G3056917 MOVANT: GOLDEN 1 CREDIT UNION
Docket 18
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Andrea Jessica Garcia Pro Se
Movant(s):
Golden 1 Credit Union Represented By Mirco J Haag
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
VIN # JN8AE2KP9F9132372 MOVANT: GOLDEN 1 CREDIT UNION
Docket 11
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Luis Arellano Navarrete Pro Se
Movant(s):
Golden 1 Credit Union Represented By Mirco J Haag
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 9
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jose A Hernandez Represented By John B Holtz
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: MARICRUZ RODRIGUEZ
Docket 8
- NONE LISTED -
Case has been dismissed, but motion is not moot, as movant seeks annulment. Grant motion with annulment and waiver of Rule 4001(a)(3).
Debtor(s):
Aaron Gray Pro Se
Movant(s):
Estarky Rodriguez Represented By Dana J Seyler
MARICRUZ RODRIGUEZ Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: SAUGUS COLONY, LTD, A CA LTD. PARTNERSHIP
Docket 8
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Shavon Smith Pro Se
Movant(s):
Saugus Colony, LTD., A California Represented By
Joseph Cruz
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr, 3-12-19, 4-2-19, 6-11-19
Docket 411
- NONE LISTED -
3/6/19 -- Court granted motion to continue hearing to April 2, 2019 at 10:00
a.m. to be heard concurrently with related matters on calendar for that date and time.
By failing to respond to plaintiff's discovery requests in a timely manner, Baker has waived any objections and any attorney/client privilege and any protections for attorney work product. However, other parties have not waived any privileges that might be applicable, if there are such privileges available with regard to communications to which Baker was a party.
Formulate practical measures for use by Mr. Broom to cull out from any materials to be turned over to plaintiff communications and data that have no bearing on the instant lawsuit or issues concerning Dr. Murtagh. This should address concerns raised by NIC and Scott Vick and any other third parties who may be affected by turnover of data.
4/23/19 -- Court entered order resolving motion. No continued hearing was set. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for July 30, 2019:
Court has reviewed the third party key word search lists and has the following comments:
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Roger E. Nell, Public Defender -- list is appropriate, with the exception of the search term HIV;
Carolyn Martin -- list is excessively long, but permissible, with the following exceptions, which terms are too general to be used to identify privileged information:
abusive; accused; adjudged; advocate; affidavit; agent's investigation report; aggravated; appellant; approved; assignment; attorney; authority; Barstow; CA; charge; chronological; command; compel; court reporter; crime; declaration; defense; denied; discovery; dismissal; forfeiture; gay; general; government; granted; group; HIV; homosexual; human immunodeficiency virus; investigator; lawyer; lodging; medical; members; mental health; motion; Oceanside; officer; order; prefer; preferred; preventative medicine; program; rapid; reckless; refer; referral; referred; San Diego; sealed; sentence; session; sheet; specification; total; trial counsel; Twenty-nine Palms; United States; USA; USAA Federal Savings Bank.
Philip Cave: list is excessively long, but permissible, with the following exceptions, which terms are too general to be used to identify privileged information:
court reporter; HIV, Human Immunodeficiency Virus; program; general; members; medical, food and drug administration; laboratory; affidavit; government; United States; Surgeon General; preventative medicine; group; charge; specification; sexual; abusive; reckless; order; aggravated; appellant; accused; authority; panel; adjudged; sentence; dismissal; confinement; forfeiture; total; prefer; preferred; preferral; sheet; approved; granted; denied; discovery; compel; motion; attorney; lawyer; tgrial counsel; session; command; assignment; proffer; chronological;
NIC -- Hearing required. Terms look appropriate, but court has possible concerns about using email domains and addresses as search terms and about whether there is any privilege applicable at all.
Jessica Ponce -- Ms. Ponce needs to produce a privilege log. She should
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have copies of all of the documents that she contends are privileged. Court also needs to consider appropriate "start date" for Ms. Ponce's claim of privilege. Baker may have (again) waived the attorney client privilege by not producing documents and a privilege log by certain deadlines.
Vick Law Group -- search terms appear appropriate.
There are apparently more submissions, but they were not served on the court. Court will review additional submissions at the time of hearing.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Movant(s):
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
10:00 AM
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, 8-16-18, 9-27-18, 12-11-18, 1-8-19, 3-12-19, 4-2-19, 6-11-19
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.
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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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Revisit status of action after conclusion of hearing on matter no. 209.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time.
Tentative Ruling for April 2, 2019:
Revisit status of action after conclusion of hearing on related matters on calendar.
10:00 AM
Tentative Ruling for June 11, 2019:
For reasons set forth in tentative ruling for matter no. 7, strike Baker's answer to complaint and enter judgment for plaintiff and take status conference off calendar. Plaintiff should lodge proposed form of judgment.
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
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 530
- NONE LISTED -
Grant.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Movant(s):
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
10:00 AM
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:19-01150 Avery v. Huber
Docket 1
- NONE LISTED -
6/25/19 -- Court approved stipulation giving defendant until July 30, 2019 to respond to complaint.
Tentative Ruling for July 30, 2019:
Inasmuch as defendant has not yet responded to complaint, continue status conference to September 17, 2019 at 2:00 p.m. Parties should file and serve joint status report not later than September 3, 2019. APPEARANCES WAIVED ON JULY 30, 2019.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Craig Huber Represented By
Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01151 Avery v. Quinn Emanuel Urquhart & Sullivan, LLP
Docket 1
- NONE LISTED -
6/25/19 -- Court approved stipulation giving defendant until July 30, 2019 to respond to complaint.
Tentative Ruling for July 30, 2019:
Inasmuch as defendant has not yet responded to complaint, continue status conference to September 17, 2019 at 2:00 p.m. Parties should file and serve joint status report not later than September 3, 2019. APPEARANCES WAIVED ON JULY 30, 2019.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Quinn Emanuel Urquhart & Represented By Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01155 Avery v. Anten
Docket 1
7/18/19 - Default entered against Mark Anten
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Mark Anten Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01056 Friedman v. Department of Education et al
fr. 4-30-19
Docket 1
4/3/19 - Notice of dismissal of Defendant Pennslyvania Higher Education Assistance Agency filed.
7/24/19 - Dennis Winters, (714)836-1381, has been approved for telephonic appearance on 7/30/19 @ 2pm
Set discovery cutoff for approximately 90 to 120 days. Set continued status conference for approximately same time frame. When do parties anticipate that they will begin discussing the prospect of settlement? Hearing required.
5/3/19 -- Court approved scheduling order with following dates: Cont'd status conference -- July 30, 2019 at 2:00 p.m.
L/D to file joint status report -- July 16, 2019 L/D to complete discovery -- October 31, 2019
Tentative Ruling for July 30, 2019:
Does plaintiff plan to request the entry of American University's default? If not, why not?
When do the parties anticipate that they will be in a position to discuss settlement? Has a date been scheduled for medication examination?
Hearing required.
2:00 PM
Debtor(s):
Tricia Lee Friedman Represented By Heather J Canning Christine A Kingston
Defendant(s):
Department of Education Represented By Elan S Levey
Navient Private Loan Trust Represented By Dennis C. Winters
The American University Pro Se
Plaintiff(s):
Tricialee Friedman Represented By Christine A Kingston
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01291 Avery v. Jimenez et al
fr. 11-27-18, 1-8-19, 3-5-19, 4-16-19
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued 4/30/19 - Second Amended complaint filed.
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
Sully Mariela Jimenez Represented By Stuart R Simone
Gilberto JR. Arambula Represented By Stuart R Simone
Joint Debtor(s):
Sully Mariela Jimenez Represented By
2:00 PM
Michael H Colmenares
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#: 2:19-01105 Avery v. Taylor et al
fr. 6-11-19
Docket 1
- NONE LISTED -
Tentative Ruling for June 11, 2019:
At request of parties, continue status conference to July 30, 2019 at 2:00 p.m. APPEARANCES WAIVED ON JUNE 11, 2019.
Tentative Ruling for July 30, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Defendant(s):
Alfred B. Taylor Pro Se
Leslie Florence Taylor Represented By Gregory Grigoryants
2:00 PM
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee Stella A Havkin
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
2:00 PM
Adv#: 2:19-01106 Avery v. Taylor
Complaint by Wesley H. Avery against Leslie Florence Taylor fr. 6-11-19
Docket 1
- NONE LISTED -
Tentative Ruling for June 11, 2019:
At request of parties, continue status conference to July 30, 2019 at 2:00 p.m. APPEARANCES WAIVED ON JUNE 11, 2019.
Tentative Ruling for July 30, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Defendant(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
2:00 PM
Adv#: 2:18-01307 NG DIP LIQUIDATING TRUST v. City of Los Angeles
fr. 11-27-18, 2-12-19, 5-14-19, 6-18-19
Docket 1
- NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
2/15/19 -- Court entered scheduling order with following dates: Cont'd status conference -- May 14, 2019 at 2:00 pm
L/D to file joint status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
22519 -- Court approved order appointing mediators.
4/30/19 -- Court approved stipulation continuing hearing to June 18, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 14, 2019.
6/3/19 -- Court approved stipulation continuing hearing to July 30, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
7/17/19 -- Court approved stipulation continuing hearing to September 10, 2019 at 2:00 p.m. OFF CALENDAR FOR JULY 30, 2019.
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
Plaintiff(s):
NG DIP LIQUIDATING TRUST Represented By
Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:19-01049 Gottlieb v. Granucci
Docket 20
- NONE LISTED -
Caption of plaintiff's complaint mentions section 727, but there is no 727 claim stated in the complaint. Grant motion insofar as it seeks to dismiss any claim under section 727 with prejudice.
With regard to the small portion of the complaint that seeks a "turnover" of plaintiff's one-half interest in the screenplay(s), grant motion to dismiss with prejudice. This is not a claim that can/should be brought as a turnover action. (The caption refers to section 524, but this is a mistake. Plaintiff intended to refer to section 542, as is reflected later in the complaint.) Section 542 is about having property of the estate turned over TO THE TRUSTEE. It is not a remedy that a nondebtor can bring to determine whether something is or is not property of the estate, and the debtor is not the appropriate defendant in that action. Perhaps what the plaintiff meant to do was bring an action for declaratory relief as against the trustee, but is there even a dispute as between the plaintiff and the trustee as to ownership of the screenplay(s)?
What disposition does the trustee intend to make of debtor's interest in the screenplay(s)?
With regard to plaintiff's motion to dismiss the claims brought under sections 523(a)(2)(A) (the court assumes this is the section that plaintiff intended to rely upon) and section 523(a)(4), the plaintiff has not demonstrated that a claim for fraud in inducing him to enter into the agreement through false representations as to defendant's experience and qualifications or a claim for embezzling funds from the company was, could or should have been raised in the arbitration. The Court takes judicial notice of the fact that, when defendant attempted to obtain a judgment on the pleadings in the state court
2:00 PM
action by arguing that these claims had been barred by the arbitration proceeding, the state court judge denied the motion based not only on procedural infirmities, but also on the fact that the arbitration involved different claims and different parties.
Deny balance of the relief requested by the motion, but require plaintiff to file a new complaint that actually specifies the subpart of section 523(a)(2) under which plaintiff intends to proceed and deletes the references to section 727 and 542 (or 524).
Debtor(s):
Anna M Granucci Represented By Larry D Simons
Defendant(s):
Anna M Granucci Represented By Richard P Ross
Movant(s):
Anna M Granucci Represented By Richard P Ross
Plaintiff(s):
Abraham Gottlieb Represented By John Burgee
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:19-01049 Gottlieb v. Granucci
fr. 4-16-19
Docket 1
- NONE LISTED -
Discuss with parties whether it would make sense to grant relief from stay (once complaint has been amended) to permit plaintiff to proceed with state court action against debtor.
Hearing required.
Debtor(s):
Anna M Granucci Represented By Larry D Simons
Defendant(s):
Anna M Granucci Represented By Richard P Ross
Plaintiff(s):
Abraham Gottlieb Represented By John Burgee
2:00 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01326 Baumann et al v. Puentes et al
Docket 38
7/3/19 - Matt Corsaut, (916)354-2000 has been approved for telephonic appearance on 7/30/19 @ 2pm
Grant with leave to amend. Plaintiff should not fix the problems with this complaint by simply adding more allegations. Plaintiff should discard the entire complaint and start from the beginning. It should have only two claims for relief -- one claim under section 523(a)(2)(A) and one under section 523(a)(6). There should not be any other defendants. The court will not try negligence, breach of contract, breach of implied warranty or negligent misrepresentation claims against the debtor. These are all dischargeable. (Plaintiff should file, or should have filed if a bar date has passed, a proof of claim for the total amount he is claiming as damages. If and when the trustee objects to the claim, he can litigate the total amount of his claim, including any dischargeable portions, with the trustee.) Complaint should not make reference to any California statutes setting forth the standard for fraudulent concealment, negligent misrepresentation, promise made without intent to perform, etc. These claims will all be determined under the caselaw applicable to section 523(a)(2)(A) and 523(a)(6). If plaintiff's counsel does not know how to plead and prove a cause under section 523, counsel should withdraw and direct his client to retain a competent bankruptcy litigator.
Is plaintiff's counsel even admitted to practice in the Central District of California? This admission does not appear on his website and his name does not appear in the database of admitted attorneys maintained by the district court. Amended complaint must be filed by an attorney admitted to practice before the United States District Court for the Central District of California or it will be treated as not having been filed at all and the action will be dismissed in its entirety. If current counsel is not admitted and has been
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practicing before this court since the complaint was filed on October 18, 2018, court will not permit counsel to correct this defect by belatedly being admitted. Counsel will need to withdraw and substitute in counsel admitted to practice before this court.
With regard to fraud claims, complaint should be MUCH SHORTER but contain specifics as to what representations were made when and by whom. If the complaint is based on fraudulent omissions, the complaint should state with particularity the basis for the contention that there was a duty to disclose and the occasions on which or the circumstances under which the defendant should have, but failed to, make the required disclosures. For the 523(a)(6) claims, the plaintiff should plead the facts that show that defendant intended to harm the plaintiff or knew that harm was substantially certain to occur, what the harm was and the amount of damages that plaintiff suffered as a result.
Court will not impose nondischargeable liability upon the debtor based on actions taken by the real estate agent or real estate firm unless those actions were taken at the direction of or with the knowledge/acquiescence of the debtor. It is HIS OWN CONDUCT that will determine whether or not the debtor has nondischargeable liability. Did THE DEBTOR commit fraud? Did THE DEBTOR willfully and maliciously cause injury to the plaintiff? Complaint should not refer collectively to the debtor and his agents and allege that they collectively did something. Court needs to know what the debtor himself did, knew, said, concealed, etc.
And the complaint needs to make clear what damages the plaintiff is seeking. Is he attempting to recover the entire purchase price of the house (in which case he would either need to rescind the sale and return the house or at least offset the actual value of the property), or is the plaintiff attempting to recover the costs incurred to correct the undisclosed problems with the house or something else? The prayer also makes reference to moving and relocation expenses. Is the basis for that request explained somewhere in this complaint? The complaint should specify how much damage the plaintiff actually incurred.
2:00 PM
Debtor(s):
Jose Jesus Puentes Represented By
Raj T Wadhwani
Defendant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Miguel Gutierrez Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
VIP Real Estate Firm Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
Does 1- 10 Pro Se
FRANCISCO LOPEZ Pro Se
Nohemi Felix Pro Se
Sol Gonzalez Pro Se
Movant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Plaintiff(s):
Chris Baumann Represented By Matthew Corsaut
Durga Baumann Represented By Matthew Corsaut
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01326 Baumann et al v. Puentes et al
Miguel Gutierrez , VIP Real Estate Firm , Does 1- 10 fr. 1-8-19, 3-12-19, 4-9-19, 7-16-19
Docket 1
7/3/19 - Matt Corsaut, (916)354-2000 has been approved for telephonic appearance on 7/16/19 @ 2pm
The Court will not serve a summons and complaint on any of the defendants. Once the plaintiff receives the additional/replacement/alias summons, it is the obligation of the plaintiff to serve the summons before it becomes stale.
Has an alias summons been issued? Has it been served on all remaining defendants? The parties who completed the status report both indicated that they would like this matter sent to mediation. Discuss timing of mediation with the parties.
2/11/19 -- Court granted ex parte application extending deadline for defendants Guttierez and VIP Real Estate to respond to complaint to March 8, 2019 (rather than March 11, 2019). (Order to this effect approved
February 27, 2019.)
Tentative Ruling for March 12, 2019:
Have defendants now filed answers to complaint? Parties both requested mediation. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
2:00 PM
Final Ruling for March 12, 2019:
Impose sanctions on counsel for plaintiffs of $150 for failing to attend status conference. Continue status conference to April 9, 2019.
Tentative Ruling for April 9, 2019:
Set deadline for filing of amended complaint and filing of response to amended complaint. Continue status conference approximately 90 days.
Tentative Ruling for July 16, 2019:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge order on motion to dismiss. Scheduling order lodged did not contain any reference to deadlines for filing amended complaint or responding thereto. (Court instructed plaintiff to lodge order denying motion to dismiss but including deadlines for filing amended complaint and responding thereto.) Plaintiff was to file amended complaint by May 14, 2019 and defendants were to file and serve response by June 14, 2019.
Plaintiff should use LOU program for lodging orders.
Continue status conference to July 30, 2019 at 2:00 p.m. to be held concurrently with hearing on defendant's motion to dismiss first amended complaint.
Debtor(s):
Jose Jesus Puentes Represented By
Raj T Wadhwani
Defendant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Miguel Gutierrez Represented By Jessica Rosen
2:00 PM
Rinat B Klier-Erlich June E Poyourow
VIP Real Estate Firm Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
Does 1- 10 Pro Se
FRANCISCO LOPEZ Pro Se
Nohemi Felix Pro Se
Sol Gonzalez Pro Se
Plaintiff(s):
Chris Baumann Represented By Matthew Corsaut
Durga Baumann Represented By Matthew Corsaut
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 11
- NONE LISTED -
Court is confused. Is there really a presumption of hardship? Part D and coversheet are inconsistent. Will debtor have $10 per month left over after making the payment on the reaffirmed debt or $10 with which to make this payment?
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):
Genaro Alfredo Carrasco Represented By Raymond Perez
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 16
- NONE LISTED -
Debtor has 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. (Debtor's ignorance of this requirement does not change this result.)
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):
Kris Ann Donald Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
fr. 6-19-19
Docket 210
- NONE LISTED -
Tentative Ruling for June 19, 2019:
When and how did movant learn of the granting of the extension motion and the disallowance of its unsecured claim? (The order eliminating the requirement that payments be made on the unsecured claim was entered on May 8, 2018.) Why did the movant wait until now to bring this motion?
Was the debtor attempting to mail payments for the unsecured portion of the claim to an address different from the address being used for the unsecured portion of the claim? If so, why?
Hearing required.
Final Ruling for June 19, 2019:
Grant in part and continue in part. Grant motion insofar as lender is requesting payment of unpaid balance of unsecured portion of claim, which had been allowed at $7,498.17 (before payments). There is currently a dispute as to whether debtor is current on the secured portion of the claim and how much debtor has paid toward unsecured portion. Debtor calculates that she has paid $2,773.17 and that the remaining balance due is $4,725.
10:00 AM
Lender did not know how much had been paid. Continue hearing to July 31, 2019 at 10:00 a.m. Debtor should file and serve by July 3, 2019 declaration with backup showing what payments she has made on the secured claim and what payments she has paid on account of the unsecured portion of the claim. Lender should file and serve by July 15, 2019 a declaration from client under penalty of perjury with backup setting forth (1) payments received on account of secured claim; (2) payments received on account of unsecured claim; and (3) if lender is attempting to collect any attorneys' fees or any other costs, a declaration from the attorney whose fees they are with a copy of the fee statement explaining what the charges are for.
Tentative Ruling for July 31, 2019:
See tentative ruling for matter no. 4.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
10:00 AM
Docket 206
- NONE LISTED -
Final Ruling from June 19, 2019:
Continue hearing to July 31, 2019 at 10:00 a.m. Court needs to ascertain whether debtor is current on payments on secured claim and how much more is due on the unsecured portion of creditor's claim.
Tentative Ruling for July 31, 2019:
Debtor now reports that she is current with regard to the secured claim, with the exception of $336.80 due from the June 2019 payment and $2,765 due from the July 2019 payment (for total past due payments of $3,101.80) and that, with regard to the unsecured portion of the claim, she has paid a total of
$2,573.17, leaving an unpaid balance for the claim of $4,925. (This payment total includes two payments of $400 each that debtor intended for the unsecured portion of the claim, but asserts that lender applied against secured portion.) It does not include two payments of $400 that were returned to the debtor based on an invalid address.
Overrule evidentiary objections. Lender asserts that debtor should not get double credit, treating the payments that she intended to be applied to the unsecured claim as having been paid on account of both the unsecured and the secured claims, but a review of the debtor's chart of payments on account of the secured claims does not reflect these two misdirected $400 payments.
With regard to the debtor's failure to file the document in a timely manner,
10:00 AM
court is prepared to give the lender additional time to respond if the debtor's belated filing deprived the lender of the time that it needed to do the required research.
Lender claims that the debtor is currently past due for the months of May through July 2019 on the secured claim, for a total of 3x $2,765, less
$1,631.33 held in suspense, for a balance of $6,663.67. Lender claims that there is a total due with regard to the unsecured claim of $4,925.01. As this is a penny off from the debtor's calculations, there does not appear to be a meaningful dispute with regard to the unsecured claim.
Debtor needs to supply the separate dollar amounts and check numbers of each partial payment when she made more than one payment in a given month so that the lender can attempt to track these payments. Lender should annotate debtor's schedule to reflect where there are differences. Court will not do the comparison for the parties. Once debtor supplies the missing information, lender will need to identify for the court which of the payments identified by the debtor it denies receiving and which payment amounts it contends are wrong (by annotation on the debtor's chart) so that the court can determine what the actual issues to be resolved are and where additional evidence may be required. Also, the court needs additional information as to the basis for each party's contentions as to the appropriate payment amounts. Do these numbers come from the plan? Does the plan establish a fixed payment amount or a variable interest rate? Were notices sent to the debtor when there were increases?
Hearing required.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
Movant(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
10:00 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,
9-26-18, 3-20-19, 5-1-19, 6-19-19
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:
10:00 AM
Continue hearing to June 15, 2016 at 11:00 a.m. Reorganized debtor should 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:
10:00 AM
According to coversheet to status report, payments to BNY Mellon and 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.
Tentative Ruling for March 20, 2019:
Court previously disallowed the unsecured portion of secured creditors' claims due to their failure to provide correct mailing address information, but their secured claims remain as liens against the debtor's property. Does the debtor agree with the information contained in secure creditors' notice regarding failure to make post-petition plan payments on their secured claims?
Hearing required.
Tentative Ruling for May 1, 2019:
Debtor filed a motion for a final decree on negative notice on April 16, 2019. Continue hearing to June 19, 2019 at 11:00 a.m. to give the court an
10:00 AM
opportunity to process motion for final decree. Appearances waived on May 1, 2019. (Once notice period for motion has passed, debtor should file a declaration attesting to the fact that she hasn't received any oppositions, if this is the case, and asking that the Court issue a final decree. If anyone files an opposition to the motion, debtor should notice a hearing on the opposition to her motion.)
Tentative Ruling for July 31, 2019:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
10:00 AM
Docket 53
- NONE LISTED -
Sustain objection. Disallow claim on statute of limitations grounds.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Movant(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Elizabeth Rogosin Represented By Matthew D Resnik Matthew D Resnik Matthew D Resnik Matthew D Resnik Matthew D Resnik
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
10:00 AM
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
10:00 AM
Docket 54
- NONE LISTED -
Sustain objection. Disallow claim on statute of limitations grounds.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Movant(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Elizabeth Rogosin Represented By Matthew D Resnik Matthew D Resnik Matthew D Resnik Matthew D Resnik Matthew D Resnik
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
10:00 AM
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
10:00 AM
Docket 55
- NONE LISTED -
Sustain objection. Disallow claim on statute of limitations grounds.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Movant(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Elizabeth Rogosin Represented By Matthew D Resnik Matthew D Resnik Matthew D Resnik Matthew D Resnik Matthew D Resnik
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
10:00 AM
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
10:00 AM
10022
Docket 86
- NONE LISTED -
If debtor is now current on post-petition payments, grant motion. Extend deadline for debtor to assume or reject lease to November 1, 2019.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
10:00 AM
Docket 1
- NONE LISTED -
Is debtor now in compliance with US Trustee requirements? If not, what is currently missing?
What was the status of the Kazerooni litigation as of the petition date? Does the debtor intend to stipulate to relief from the automatic stay to permit this litigation to proceed in state court, or does the debtor have a different game plan for the resolution of disputes with Kazerooni?
Is debtor currently using cash collateral? If so, where is the promised stipulation (or motion) re use of cash collateral?
How is the debtor's business performing at this point? Is the debtor meeting its projections? Is there a remaining business here or should this case be converted to chapter 7?
Hearing required.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
10:00 AM
Docket 41
7/24/19 - Lauren Raya, (949)340-3400, has been approved for telephonic appearance on 7/31/19 @ 10am
Court is confused. What is the debtor getting in exchange for the $10,000 payment? Where will that money go? Is the case being dismissed?
Hearing required.
Debtor(s):
Consuelo A Canales Represented By John F Bazan
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Lauren E Raya
2:00 PM
Docket 50
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Raymond Renaissance Theater, LLC Represented By
Michael R Totaro
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
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):
Thurman Ray Colbert Sr Pro Se
Joint Debtor(s):
Delores Colbert Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
[Fees requested: $51,910.00, Expenses: $1,487.00]
Docket 256
- NONE LISTED -
Grant application. Allow on interim basis fees of $51,910 and costs of $1,487. 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
10:00 AM
Docket 56
- NONE LISTED -
Objection has been withdrawn. Grant application. Waive appearances. Authorize trustee to upload order consistent with tentative rulings.
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Movant(s):
Carolyn A Dye (TR) Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: EXETER FINANCE, LLC.
Docket 15
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Cedric Yepjouo Tchakoudie Pro Se
Movant(s):
Exeter Finance, LLC Represented By Cheryl A Skigin
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: RUSHMORE LOAN MANAGEMENT SERVICES
Docket 13
- 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.
8/5/19 -- Court approved stipulation continuing hearing to September 10, 2019 at 10:00 a.m. OFF CALENDAR FOR AUGUST 7, 2019.
Debtor(s):
Shaughn Nicholas Reid Represented By Darren G Smith
Movant(s):
Rushmore Loan Management Represented By
Erin M McCartney
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
VIN# KMHTC6AD2HU313723
MOVANT: EAGLE COMMUNITY CREDIT UNION
Docket 8
8/6/19 - Brett P. Ralston, (805) 230-9222, has been approved for telephonic appearance on 8/7/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Joel Antonio Dimacale Represented By William Ha
Movant(s):
Eagle Community Credit Union Represented By Alana B Anaya
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
VIN# 1HGC R2F5 1GA2 38169
MOVANT: HONDA LEASE TRUST
Docket 8
8/6/19 - Vincent V. Frounjian, (818) 859-7511, has been approved for telephonic appearance on 8/7/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jason Edward Lerma Represented By Michael E Clark
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: ROBERT DE SOTO
Docket 1293
7/31/19 - Michael Simon, (714)445-1000, has been approved for telephonic appearance on 8/7/19 @ 10am
Grant with waiver of Rule 4001(a)(3) solely to the extent necessary to permit movant to proceed against insurance proceeds.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Movant(s):
Robert De Soto Represented By Mauro Fiore Jr
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
10:00 AM
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
10:00 AM
MOVANT: RACHEL LOUISE CARLSEN
Docket 28
8/6/19 - Bernard J. Kornberg, (415) 677-5548, has been approved for telephonic appearance on 8/7/19 @ 10am
Grant motion to the extent that it seeks an order confirming that it was a violation of the automatic stay for anyone to have taken action with regard to, or to have exercised control over, debtor's personal property after the commencement of the bankruptcy case. Debtor's personal property should be immediately released to debtor.
With regard to real property, title does not stand in the debtor's name and there is insufficient evidence in the record for the court to determine summarily that the property (or any interest therein) is property of the bankruptcy estate. If the debtor wants injunctive relief (that is, for the automatic stay to protect this property), she will need to commence an adversary proceeding seeking a declaration as to the nature and extent of her bankruptcy estate's interest in the property and seek a temporary restraining order and preliminary injunction to prevent the loss of that property through foreclosure. (In other words, debtor should not be entitled to injunctive relief unless she can demonstrate, among other things, that it is more likely than not that she will prevail on her contention that her bankruptcy estate owns an interest in the property -- and she should specify in that complaint the nature and extent of the interest that she claims the estate owns).
Note: State court does not need relief from stay to proceed with dissolution
10:00 AM
action. However, state court cannot adjudicate property settlement issues without relief from this court. Issues concerning the extent to which property is, or is not, property of the estate are within the exclusive jurisdiction of the bankruptcy court and any community property is an asset of the bankruptcy estate, available for the payment of creditors' claims. If community assets remain after claims are satisfied, the state court may divide those assets as between the former spouses.
Debtor(s):
Rachel Louise Carlsen Pro Se
Movant(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
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, 8-8-18,
2-6-19
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
11:00 AM
anticipated date of a hearing on a disclosure statement.
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
11:00 AM
priority or administrative claims that have not been paid? Hearing required.
Tentative Ruling for February 6, 2019:
Court has reviewed the trust's status report. Continue case status conference to August 7, 2019 at 11:00 a.m. Trust should file and serve updated status report (accompanied by declaration) not later than July 25, 2019.
APPEARANCES WAIVED ON FEBRUARY 6, 2019.
Tentative Ruling for August 7, 2019:
Court has reviewed the trust's status report. Continue case status conference to February 5, 2020 at 11:00 a.m. Trust should file and serve updated status report (accompanied by declaration) not later than January 24, 2020.
APPEARANCES WAIVED ON AUGUST 7, 2019.
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 1288
7/31/19 - Robert Marticello, (714)445-1023, has been approved for telephonic appearance on 8/7/19 @ 11am
Grant motion. Approve compromise. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Movant(s):
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
11:00 AM
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
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, 10-17-18, 2-6-19
Docket 1
7/31/19 - Robert Marticello, (714)445-1023, has been approved for telephonic appearance on 8/7/19 @ 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?
11:00 AM
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:
11:00 AM
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 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.
Tentative Ruling for February 6, 2019:
Court has reviewed the trustee's status report and updated status report. Discuss with the parties' Mr. Hudson's decision to move the Pico location less than a mile away to a different location on La Brea.
Tentative Ruling for August 7, 2019:
Has Hudson made the second Shortfall Payment yet ($975,000)? If not, continue status conference until shortly after deadline for cure of this default (August 10, 2019) to see whether default is cured.
What is the status of the dispute with regard to the La Brea Restaurant? The occurrence of another restricted transaction without the trustee's consent constitutes yet another event of default under the plan. (NOTE: There is no meaningful distinction between closing the Pico location and driving it out of
11:00 AM
business, forcing it to close as unprofitable, by opening a new location less than a mile away on La Brea. No businessperson who was actually attempting to operate the Pico location profitably or to fulfill his obligations under the plan in good faith would do this.)
Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
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 Michael Simon Timothy W Evanston
11:00 AM
Adv#: 2:19-01007 Flores et al v. East Coast Foods, Inc. d/b/a Rosdoe's House o
fr. 6-11-19
Docket 1
7/31/19 - Robert Marticello, (714)445-1023, has been approved for telephonic appearance on 8/7/19 @ 11am
Tentative Ruling for June 11, 2019:
Parties attended mediation that produced a settlement. A hearing on the 9019 motion is currently set for August 7, 2019 at 11:00 a.m. Continue status conference to August 7, 2019 at 11:00 to be heard concurrently with 9019 motion. OFF CALENDAR FOR JUNE 11, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for August 7, 2019:
Revisit status of action after conclusion of hearing on motion for approval of compromise.
11:00 AM
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Defendant(s):
Roscoe's Intellectual Properties, Pro Se
Waffle Plaza Properties, Inc. Pro Se
Adriana Terrones Pro Se
Amusement Foods, Inc. Pro Se Shoreline Foods, Inc. d/b/a Roscoe's Pro Se Freeway Foods, Inc. d/b/a Roscoe's Pro Se East Coast Foods, Inc. d/b/a Pro Se Lizbeth Jalilian aka Lisa Hernandez Pro Se
Plaintiff(s):
Daniel Flores Pro Se
Dominique Spears Pro Se
Jose Duarte Pro Se
Maurice Faber Pro Se
Ettieonne Cook Pro Se
Toiva McKenzie Pro Se
Arthur Moncayo Pro Se
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ
11:00 AM
John N Tedford
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY fr. 5-28-19, 6-5-19
Docket 170
- NONE LISTED -
Tentative Ruling for May 28, 2019:
This is a chapter 11 case. Therefore, even if there is no equity in the property, so long as the value of the property is not declining and the property is insured, adequately maintained, etc., the court will not grant relief "for cause" based on a lack of equity. The more relevant issue, therefore, is whether movant is entitled to relief under section 362(d)(2).
Debtor claims that this property is necessary to the plan that it has proposed because the debtor will be using the rents currently being generated by this property to partially fund the plan. That plan is currently set for a disclosure statement hearing at 2:00 p.m. on June 5, 2019. Court is not yet ready to conclude that the plan is unlikely to be confirmed within a reasonable period. (Court will make that determination in connection with its consideration of the debtor's disclosure statement, and any objections that the movant may interpose thereto.) Deny movant's motion without prejudice now or, if movant prefers and consents to an extension of the time limits set forth in section 362(e), continue hearing to date of hearing on debtor's disclosure statement.
Final Ruling for May 28, 2019:
11:00 AM
Continue hearing to June 5, 2019 at 2:00 p.m.
Tentative Ruling for June 5, 2019:
Revisit motion after conclusion of related matters on calendar.
7/29/19 -- Court approved stipulation continuing hearing to September 11, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 7, 2019.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey
11:00 AM
Docket 153
- NONE LISTED -
See tentative ruling for matter no. 227.
7/3/19 -- At hearing held this date, court continued this hearing to September 11, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 7, 2019.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
Movant(s):
Samuel Michael Saber Represented By Michael R Totaro Michael R Totaro
11:00 AM
FR. 6-5-19
Docket 151
- NONE LISTED -
If Chase believes a higher interest rate is necessary to pay it a market rate of interest, that can be addressed as a confirmation issue. With regard to the value of the property, what does Chase believe the value is? Does Chase have an appraisal? Why has the debtor disregarded the broker's price opinion that he obtained in response to Chase's motion for relief from stay in favor of a figure that the debtor acknowledges was based solely on the debtor's estimate of value?
The Court has a number of problems with the current form of the plan and disclosure statement:
The debtor needs to file a plan and disclosure statement without using the forms. There are too many sections that are blank and inapplicable and it is confusing.
Plan needs a section about new value contribution if debtor plans to make one. Disclosure statement needs a discussion of the absolute priority rule and the fact that this plan violates it and cannot be confirmed over the objection of any class of unsecured creditors.
There should not be any unused classes (classes left blank) in the plan. The debtor should only create the classes that it needs and number those classes starting with the number 1, then 2, then 3, etc.
11:00 AM
The plan should include the treatment that the debtor proposes for each class of claims in the body of the plan and not in an attachment.
The plan needs an introduction/narrative about how the debtor plans to reorganize, the source of his income, monthly payments, etc.
It is unclear from the plan whether the debtor is promising a set percentage payout to unsecureds or whether he is agreeing to make a set payment amount that is estimated to pay 2 percent on account of unsecured claims. (The court prefers the latter as it is easier to determine whether or not the debtor is in compliance with the terms of the plan.)
Exhibits F and G don't belong in a plan or a disclosure statement. The plan should describe how the debtor intends to treat the claims. If the debtor plans to file a claim objection and the plan treatment may be affected by the outcome of that claim objection, the plan should articulate what will happen in the various different eventualities.
The court may have other comments/corrections that will be discussed on the record at the time of hearing on the disclosure statement.
7/3/19 -- At hearing held this date, court continued this hearing to September 11, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 7, 2019.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
11:00 AM
Docket 1
- NONE LISTED -
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
Final Ruling for November 7, 2018:
Continue status conference to February 6, 2019 at 11:00 a.m. Debtor should file and serve updated status report by January 25, 2019.
Tentative Ruling for February 6, 2019:
Debtor still has not filed plan and disclosure statement. Debtor should devise plan structure that will work no matter the outcome of the pending matters.
Set deadline for filing plan and disclosure statement for approximately 60 days. Continue case status conference to date that will coincide with date of hearing on disclosure statement.
2/12/19 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- April 22, 2019 Hearing on disclosure statement -- June 5, 2019 at 2:00 p.m. Cont'd case status conference -- June 5, 2019 at 2:00 p.m.
Tentative Ruling for June 5, 2019:
Revisit status of case after conclusion of related matters on calendar.
7/3/19 -- At hearing held this date, court continued this hearing to September 11, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 7, 2019.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
fr. 6-19-18, 11-20-18, 1-17-19, 2-21-19, 4-25-19, 5-16-19
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: BRYAN CORY
Docket 78
- NONE LISTED -
Court is confused. There is no such thing as nondischargeable liability in the context of a corporate chapter 7 case. Debtor will not receive a discharge and, except as to certain tax claims, section 523 only applies to individual debtors. Why does the movant need to bring an action against the debtor at all? Movant can conduct discovery from third parties. The automatic stay does not prevent the movant from conducting discovery in an action to which the debtor is not a party.
However, court needs to know more about the theories of recovery that movant seeks to assert as against third parties. It appears that at least some of these claims are themselves assets of this chapter 7 estate such that there is a standing problem with permitting movant to prosecute them. If movant is claiming that any defendants breached fiduciary duties that they owed to the debtor, that is a claim that belongs to the estate. If movant is claiming that assets of the debtor were fraudulently transferred to a nondebtor, that is a claim that belongs to the estate. If movant is claiming that there is a derivative claim that the debtor failed to prosecute, that is a claim that belongs to the estate. If movant is claiming that the debtor's assets were wrongfully disbursed or distributed to a nondebtor defendant, that is a claim that belongs to the estate.
Hearing required.
10:00 AM
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 Christian T Kim James A Dumas Jr
10:00 AM
MOVANT: ADMIRE CAPITAL LENDING, LLC.
Docket 108
- NONE LISTED -
Is there any evidence in the motion as to the value of the debtor's interest in the property? The movant bears the burden of proof on this issue.
Did the Court ever make a determination that this is single asset real estate case? The blank for the date of such a determination has been left blank in the motion. If the debtor owns an interest in the property rather than title to the entire property, is this case really a single asset real estate case?
Although section 362(d)(3) by its terms applies in chapter 7, the Court has been unable to locate a single case that has relied upon this section to grant relief from the automatic stay in a chapter 7 case. Courts have held that modification or conditioning of the automatic stay is the more appropriate remedy with granting relief from stay (or annulling the stay) would interfere with the trustee's efforts to sell the property (or, in this case, the debtor's interest in the property).
Trustee has been making diligent efforts to liquidate the estate's interest in the collateral. Continue hearing for approximately 90 days to give trustee a further opportunity to consummate a transaction.
10:00 AM
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Movant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
10:00 AM
MOVANT: BENJAMIN AN fr. 7-30-19
Docket 93
- NONE LISTED -
7/15/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JULY 30, 2019.
Tentative Ruling for August 13, 2019:
There is no evidence in the motion as to the value of the property. Movant bears the burden of proof on the issue of the debtor's equity in the property. According to the trustee, there is insurance and adequate equity to provide adequate protection. Therefore, movant is not entitled to relief under either section 362(d)(1) or 362(d)(2).
Although there were prior bankruptcy filings, the instant bankruptcy case was brought as an involuntary case by a creditor and was not part of the debtor's scheme to hinder, delay or defraud creditors. Therefore, the motion should be denied under section 362(d)(4) as well.
Continue hearing for approximately 90 days to see how much progress the trustee is able to make in his efforts to liquidate assets of the estate.
10:00 AM
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Movant(s):
Benjamin An Represented By
Steven J Barkin
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
10:00 AM
MOVANT: LOGIX FEDERAL CREDIT UNION
Docket 26
8/9/19 - Alan Wolf, (949) 480-1764, has been approved for telephonic appearance on 8/13/19 @ 10am
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):
Miguel Luciano Beno Represented By Cameron H Totten
Movant(s):
Logix Federal Credit Union Represented By Daniel K Fujimoto Caren J Castle
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: GILBERT SAUCEDO
Docket 9
- NONE LISTED -
Based on the information contained in the motion, not only is there equity in the property, but there is sufficient equity to provide adequate protection.
Deny motion without prejudice.
Debtor(s):
Walter Steven Nevarez Represented By Richard A Avetisyan
Movant(s):
Gilbert Saucedo Represented By Miguel A Munoz
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
VIN # 3TMCZ5AN9JM184668
MOVANT: TOYOTA MOTOR CREDIT CORP.
Docket 47
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Sergik Avakian Represented By Matthew D Resnik
Movant(s):
TOYOTA MOTOR CREDIT CORP. Represented By
Erica T Loftis Pacheco
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
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, 11-27-18, 1-29-19, 4-30-19
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 January 29, 2019:
Has trustee had an opportunity to decide how he would like to proceed with this matter? Hearing required.
Tentative Ruling for April 30, 2019:
Where is the joint status report that should have been filed April 16, 2019?
Tentative Ruling for August 13, 2019:
Has trustee decided how he intends to proceed? Has the claim objection been superseded by, or consolidated into, the adversary proceeding?
2:00 PM
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
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
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, 11-27-18, 1-29-19, 4-30-19
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.
Tentative Ruling for April 30, 2019:
Action has been stayed by defendants' bankruptcy filings. How does the trustee intend to proceed in this matter?
Tentative Ruling for August 13, 2019:
Is this action still stayed? How does trustee intend to proceed in this matter?
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen
2:00 PM
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
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
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, 11-27-18, 1-29-19, 4-30-19
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.
Tentative Ruling for January 29, 2019:
2:00 PM
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
Court has now approved trustee's application to employ special counsel in this action. Court now needs the information requested on the joint status report form.
Tentative Ruling for August 13, 2019:
According to the status report, parties will be filing cross motions for summary judgment. Continue status conference to date that can serve as date of hearing on motions for summary judgment.
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) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al
fr. 10-2-18, 10-23-18, 11-27-18, 1-29-19, 4-30-19
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
2:00 PM
Continue status conference approximately 90 days at trustee's request to date of continued hearing in related matters.
Tentative Ruling for August 13, 2019:
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
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 Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
2:00 PM
Aaron E de Leest
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, 11-27-18, 1-29-19, 4-30-19
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
Continue status conference approximately 90 days at trustee's request to date of continued hearing in related matters.
2:00 PM
Tentative Ruling for August 13, 2019:
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
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
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:18-01430 Leslie (TR) v. Alaberdyan
fr. 2-12-19, 2-26-19, 6-4-19
Docket 1
- NONE LISTED -
1/18/2019 -- Court approved stipulation extending deadline to respond to complaint to January 23, 2019.
1/28/19 -- Court approved stipulation continuing status conference to February 26, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 12,
2019.
Tentative Ruling for February 26, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
2/27/19 -- Court signed scheduling order with following dates: Cont'd status conference -- June 4, 2019 at 2:00 p.m.
L/D to file joint status report -- May 21, 2019 L/D to complete mediation -- June 4, 2019
L/D to lodge order appointing mediators -- Marchy 18, 2019 3/20/19 -- Court approved order appointing mediators.
5/3/19 -- Court approved stipulation continuing hearing to August 13, 2019 at
2:00 PM
2:00 p.m. OFF CALENDAR FOR JUNE 4, 2019.
6/17/19 -- Court approved stipulation continuing status conference to October 15, 2019 at 2:00 p.m. and deadline to complete mediation to October 14,
2019. OFF CALENDAR FOR AUGUST 13, 2019.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Nina Alaberdyan Represented By Stella A Havkin
Plaintiff(s):
Sam S Leslie (TR) Represented By Brandon J Iskander
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:18-01230 Brubaker v. Nelnet Loan Service Inc et al
fr. 9-26-18, 10-23-18, 1-15-19, 4-2-19, 5-7-19, 6-11-19
Docket 1
- NONE LISTED -
Set discovery cutoff for late February. Set pretrial conference for late March. Require parties to complete a day of mediation prior to date of pretrial conference.
1/25/19 -- Court approved scheduling order with following dates: L/D to file pretrial motions -- March 12, 2019
L/D to conduct discovery -- February 28, 2019 L/D to lodge pretrial order -- March 19, 2019 Pretrial conference -- April 2, 2019 at 2:00 p.m.
L/D to lodge order appointing mediator -- February 11, 2019 L/D to complete mediation -- April 2, 2019
2/12/19 -- Court approved order appointing mediators.
3/5/19 -- Court approved stipulation continuing pretrial conference to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/15/19 -- Court approved stipulation continuing pretrial conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
5/31/19 -- Court approved stipulation dismissing defendant AccessLex
2:00 PM
Institute.
Tentative Ruling for June 11, 2019:
Approve pretrial order and set trial date and briefing schedule.
Tentative Ruling for August 13, 2019:
Hearing required. (The court cannot enter a judgment that doesn't actually say anything or refer to any document in the record. The way the documents are prepared, it is not possible for the court to determine what it has actually ordered.)
Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Nelnet Loan Service Inc Pro Se Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01376 NATIONAL FUNIDNG, INC., a California v. Donohue
fr. 1-15-19, 4-16-19
Docket 1
- NONE LISTED -
Where is joint status report that should have been filed two weeks before the status conference? How long do the parties anticipate it will take to complete discovery? Is this an appropriate matter to be sent to an early mediation?
Does either party currently contemplate any pretrial motions? Hearing required.
1/18/2019 -- Court approved scheduling order setting following dates: Cont'd status conference -- April 16, 2019 at 2:00 p.m.
L/D to file joint status report -- April 2, 2019 L/D to conduct discovery -- April 30, 2019
Tentative Ruling for April 16, 2019:
Set discovery cutoff for late August, 2019. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
4/17/19 -- Court approved scheduling order setting following dates: Pretrial conference -- August 13, 2019 at 2:00 p.m.
L/D to lodge pretrial order -- July 30, 2019
2:00 PM
L/D to complete discovery -- April 30, 2019
L/D to lodge order appointing mediator -- April 30, 2019 L/D to complete mediation -- August 13, 2019
L/D to file pretrial motions -- July 16, 2019
Tentative Ruling for August 13, 2019:
Have the parties attended a mediation? If not, why not? If the parties did not succeed in resolving this matter, where is the joint pretrial order that should have been lodged 14 days before the pretrial conference? Hearing required.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Plaintiff(s):
NATIONAL FUNIDNG, INC., a Represented By
Jennifer Eileen Duty
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01335 Attessa Properties CA, LLC v. Idleman et al
fr. 12-11-18, 2-26-19, 6-4-19
Docket 1
7/31/19 - Daniel Powell, (626)795-8333, has been approved for telephonic appearance on 8/13/19 @ 2pm
Discuss with parties factual basis of action and whether this is an appropriate matter to be sent to an early mediation.
12/18/18 -- Court approved stipulation with the following dates:
L/D to lodge order appointing mediators -- December 28, 2018 Cont'd status conference -- February 26, 2019 at 2:00 p.m.
L/D to complete mediation -- February 26, 2019 L/D to file joint status report -- February 12, 2019
Tentative Ruling for February 26, 2019:
Continue status conference for approximately 90 days. Extend deadline for the completion of mediation to date of continued status conference.
Tentative Ruling for June 4, 2019:
What will become of this action in light of court's approval of trustee's compromise? Hearing required.
6/3/19 -- Court approved stipulation continuing status conference to August
13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 4, 2019.\
2:00 PM
Tentative Ruling for August 13, 2019:
When will the parties file their revised stipulation and lodge a new proposed form of judgment? What was the problem with the last set of documents? Hearing required.
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
Adv#: 2:19-01159 United States Trustee for the Central District of v. Gardian
Docket 1
7/10/19 - Default entered against Defendant Sam Albert Gardian
Continue status conference to August 27, 2019 at 2:00 p.m. to coincide with hearing on motion for default judgment set for same date and time.
Appearances waived on August 13, 2019.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam Albert Gardian Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Alvin Mar
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
#210.00 Motion to Dismiss Adversary Proceeding fr. 4-2-19, 5-7-19
Docket 7
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/25/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
Tentative Ruling for August 14, 2019:
Grant in part. Trustee has consented to or authorized plaintiff to bring this action, but there is no formal stipulation on the docket. Trustee and plaintiff should enter into formal stipulation so that there is an order authorizing the plaintiff to act on behalf of the estate in prosecuting this action.
Court agrees with movants that there is effectively no factual overlap between the claims asserted against the multiple defendants. Combining these claims into a single action does not achieve efficiencies; it makes matters more confusing. Grant motion with leave to amend and require plaintiff to commence separate adversary proceedings against each secured lender.
Amended complaint in this action should be against only one of the defendants. Movant should commence new adversary proceedings against remaining defendants.
2:00 PM
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Movant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
#211.00 Motion to Dismiss Adversary Proceeding fr. 4-2-19, 5-7-19
Docket 11
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/25/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
Tentative Ruling for August 13, 2019: See tentative ruling for matter no. 210.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
2:00 PM
Movant(s):
Beverly Hills Bestfields Represented By Nami Kang
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
#212.00 Status Conference re: 91 (Declaratory judgment)), (14 (Recovery of money/property - other)) Complaint by Union & Grattan Properties, LLC against Admire Capital Lending, LLC, Benjamin An, Beverly Hills Bestfields Investments, Inc..
fr. 4-2-19, 5-7-19
Docket 1
- NONE LISTED -
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/25/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
Tentative Ruling for August 13, 2019:
Revisit status of action after conclusion of hearings on related matters.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
2:00 PM
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01036 Garcia v. Carroll
fr. 4-9-19
Docket 1
- NONE LISTED -
Set discovery cutoff for late September, 2019. Continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to the date of the continued status conference.
4/15/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- August 13, 2019 at 2
L/D to file joint status report -- July 30, 2019
L/D to complete discovery -- September 30, 2019
L/D to lodge order appointing mediators -- April 23, 2019 L/D to complete mediation -- August 13, 2019
4/14/19 -- Court approved order appointing mediators.
7/29/19 -- Court approved order appointing replacement mediators. Tentative Ruling for August 13, 2019:
Although the parties filed a document entitled, "Joint Status Report," it does not contain any of the information that the Court requires in a joint status report. Hearing required.
2:00 PM
Debtor(s):
John Carroll Represented By
Allan D Sarver
Defendant(s):
John Carroll Represented By
David M Almaraz
Joint Debtor(s):
Donna Carroll Represented By Allan D Sarver
Plaintiff(s):
Jose "Joseph" Moises Garcia Represented By Michael B Wilson
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:19-01164 Yoo v. Courtney Construction, Inc.
Docket 1
- NONE LISTED -
OFF CALENDAR. ACTION HAS BEEN DISMISSED.
Debtor(s):
Sarah Lyn Wong Represented By Robert M Aronson
Defendant(s):
Courtney Construction, Inc. Pro Se
Plaintiff(s):
Timothy J Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:19-01168 Furuan Trading Company CO., LTD of Kaiping City v. Yang et al
Docket 3
- NONE LISTED -
There are problems with each of the claims pleaded in plaintiff's complaint:
523(a)(2)(A) -- the only alleged misrespresentation is that debtors' business was financially sound. This is a representation concerning the debtors' financial condition or that of an insider/affiliate of the debtors. A representation such as this must be in writing to be actionable. Grant motion without leave to amend as to any claim under section 523(a)(2)(A). (If there are written financial statements, loan applications, etc., some written representation concerning debtors' or WK's financial condition, plaintiff may attempt to replead under section 523(a)(2)(B) instead.)
Section 523(a)(4) -- According to plaintiff, all of the sales were to WK and the inventory that plaintiff sold to WK belonged to WK. Therefore, if plaintiff is arguing that debtors converted assets of WK or embezzled from WK, this claim belongs to WK, not to plaintiffs. Plaintiff lacks standing to prosecute this claim. If plaintiff had not asserted that WK was a separate entity, this still would not be an appropriate claim for embezzlement. The goods were sold to WK. WK merely did not pay for them. This is a breach of contract, not embezzlement. Grant motion without leave to amend as to any claim under section 523(a)(4).
With regard to claim under section 727(a)(4), what is the alleged false oath? That WK is a sole proprietorship with a business location that is the same as the debtors' home address? According to plaintiff, WK is a California corporation (whose status is suspended) with a business address of 2551 S. Alameda Street, Los Angeles, CA 90058. To prevail on a claim
2:00 PM
under section 727(a)(4), plaintiff must plead and prove (among other things) that any false oath was made "knowingly and fraudulently" and that the misrepresentation was material.
(Is plaintiff also alleging that debtors failed to disclose assets in the form of goods that were purchased from plaintiff? Plaintiff itself pleads that these goods belonged to a separate entity, WK, and not to the debtors. If this is the case, why was it inaccurate for the debtors to disclose their interest in WK, but not the assts of WK itself?)
(Court notes that, in Part 11 of the Debtors' Statement of Financial Affairs, debtors disclose that one or both of them had previously been "an officer, director or managing executive of a corporation," known as "W.K. International Corp." located at 2551 S. Alameda St., Los Angeles, CA 90058, and that that business existed from December of 2008 to May 20, 2018. If this is the case, and WK's corporate status has been suspended, are the representations made by the debtors actually false?)
Grant motion with leave to amend claim under section 727(a)(4).
Debtor(s):
Hui Yang Represented By
Mitchell R Sussman
Defendant(s):
Hui Yang Represented By
Sanaz S Bereliani
Xiaorong Ge Represented By
Sanaz S Bereliani
Joint Debtor(s):
Xiaorong Ge Represented By
Mitchell R Sussman
2:00 PM
Movant(s):
Hui Yang Represented By
Sanaz S Bereliani
Xiaorong Ge Represented By
Sanaz S Bereliani
Plaintiff(s):
Furuan Trading Company CO., LTD Represented By
Jing Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
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, 10-2-18, 1-29-19, 4-30-19
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.
10/4/18 -- Court signed scheduling order with following dates: Discovery cutoff -- March 31, 2019
Cont'd status conference -- January 29, 2019 at 2:00 p.m.
2:00 PM
L/D to file updated status report -- January 15, 2019
Tentative Ruling for January 29, 2019:
Court set discovery cutoff of March 31, yet parties report in status report that they will complete discovery by the end of April. Are they requesting extension of discovery cutoff?
Are the parties still optimistic that they will succeed in negotiating a consensual resolution of this matter in the near future? Hearing required.
1/30/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- April 30, 2019 at 2:00 p.m. L/D to file joint status report -- April 16, 2019
L/D to complete discovery -- April 30, 2019
Tentative Ruling for April 30, 2019:
Parties report that they have reached a settlement in principle. Discuss structure of settlement with parties.
Tentative Ruling for August 13, 2019:
Has the settlement agreement been signed yet? If not, why not? Why is this taking so long? Is there a problem? What is the structure of the proposed settlement? Hearing required.
Debtor(s):
Philis Groomes-Love Represented By
Blake J Lindemann
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Dean G Rallis Jr Matthew J Pero
2:00 PM
Matthew D Pham
Plaintiff(s):
Philis Groomes-Love Represented By
Blake J Lindemann
2:00 PM
Adv#: 2:18-01355 NG DIP Liquidating Trust v. Echo Global Logistics, Inc.
Docket 6
- NONE LISTED -
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
Hearing required.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
Tentative Ruling for August 13, 2019:
Incurring a debt for an obligation is not a preferential transfer. (This is not a fraudulent transfer action.) A transfer actually needs to have been made to constitute a preferential transfer. Did the debtor ever pay the credit card obligations that are identified in the declarations as constituting $118,288.53 of the "transfers" in question? If not, these "transfers" merely served to substitute the debtor's debt to the defendant with a debt owed to the credit card company and did not impact or reduce the debtor's assets in any way. Section 547 permits the avoidance of a transfer by the debtor of an interest in property. Section 101(54) defines the term, "transfer" to mean the creation of a lien, the retention of title as a security interest, the foreclosure of the debtor's equity of redemption or each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property. Incurring a credit card obligation is not any of these things.
Grant motion to the extent that is seeks a default judgment for the amounts actually transferred out of the debtor's bank accout -- $20,448.79.) Deny balance of relief requested.
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):
Echo Global Logistics, Inc. Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01355 NG DIP Liquidating Trust v. Echo Global Logistics, Inc.
fr. 1-8-19, 4-2-19, 6-18-19
Docket 1
- NONE LISTED -
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.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
Tentative Ruling for August 13, 2019:
Revisit status of action after conclusion of hearing on motion for default judgment.
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):
Echo Global Logistics, Inc. Pro Se
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01360 NG DIP Liquidating Trust v. Kacoo USA, LLC
fr. 1-8-19, 4-2-19, 4-30-19, 6-11-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
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.
1/18/19 -- Court approved order extending deadline to respond to complain to January 31, 2019.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/16/19 -- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019. NO APPEARANCE REQUIRED.
5/29/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
7/30/19 -- Court approved stipulation dismissing action. OFF CALENDAR FOR AUGUST 13, 2019.
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):
Kacoo USA, LLC Represented By Lana Milojevic Mark M Sharf
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01361 NG DIP Liquidating Trust v. Lavish Alice
fr. 1-8-19, 4-2-19, 5-21-19, 7-2-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
3/29/19 -- Court approved stipulation pursuant to which motion for default judgment was withdrawn, defendant was given until May 13, 2019 to respond to complaint and status conference was continued to May 21, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 2, 2019. NO APPEARANCE REQUIRED.
5/7/19 -- Court approved stipulation continuing response date to June 7, 2019 and continuing status conference to July 2, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 21, 2019.
6/18/19 -- Court approved stipulation continuing status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JULY 2, 2019.
Tentative Ruling for August 13, 2019:
Set discovery cutoff for approximately 90 days. Set status conference for approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
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):
Lavish Alice Represented By
Alan M Kindred
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01363 NG DIP Liquidating Trust v. Luxury Garage Sale, Inc.
fr. 1-8-19, 4-2-19, 4-30-19, 6-11-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/30/19 -- Court signed order continuing response date to March 1, 2019.
3/7/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
5/28/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
7/30/19 -- Court approved stipulation continuing hearing to October 1, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 13, 2019.
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):
Luxury Garage Sale, Inc. Represented By Ryan A. Ellis
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01364 NG DIP Liquidating Trust v. Madison Administrative Services, Inc.
fr. 1-8-19, 4-2-19, 4-30-19, 6-11-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.) Continue status conference approximately 90 days.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
5/28/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
8/1/19 -- Court approved stipulation continuing hearing to October 1, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 13, 2019.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier
2:00 PM
Kevin Meek Lorie A Ball David B Shemano
Defendant(s):
Madison Administrative Services, Represented By
Ovsanna Takvoryan
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01365 NG DIP Liquidating Trust v. Pursue
Docket 7
- NONE LISTED -
Plaintiff cannot seek to recover by way of a default judgment an amount that exceeds the amount requested in the original complaint. If plaintiff would like to increase the amount of his prayer, he will need to file and serve an amended complaint.
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
Hearing required.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
Tentative Ruling for August 13, 2019:
Grant motion. Enter default judgment in favor of plaintiff for $53,878.23.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball
2:00 PM
David B Shemano
Defendant(s):
Pursue Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01365 NG DIP Liquidating Trust v. Pursue
fr. 1-8-19, 4-2-19, 6-18-19
Docket 1
- NONE LISTED -
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
Tentative Ruling for August 13, 2019:
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):
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):
Pursue Pro Se
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01366 NG DIP Liquidating Trust v. Rakuten Marketing, LLC
fr. 1-8-19, 4-2-19, 4-30-19, 6-11-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/17/19 -- Court approved order extending defendant's deadline to respond to complaint to January 31, 2019.
2/1/19 -- Court approved stipulation continuing response date to March 7, 2019.
3/11/19 -- Court approved stipulation continuing response date to March 15, 2019 and continuing status conference to April 30, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 2, 2019.
3/18/19 -- Court approved stipulation continuing response date to April 1, 2019.
4/2/19 -- Court approved stipulation continuing response date to April 15, 2019.
2:00 PM
4/16/19 -- Court approved stipulation continuing response date to May 20, 2019 and continuing status conference to June 11, 2019 at 2:00 p.m. OFF
CALENDAR FOR APRIL 30, 2019.
5/29/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
OFF CALENDAR. NOTICE OF DISMISSAL 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
Defendant(s):
Rakuten Marketing, LLC Pro Se
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01368 NG DIP Liquidating Trust v. Wish for Falling Star, Inc.
#226.00 Motion for Default Judgment against Defendants fr. 4-2-19, 6-18-19
Docket 10
- NONE LISTED -
Who prepared the chart attached as Exhibit C? Where is the testimony necessary to make this chart admissible?
Hearing required.
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
Tentative Ruling for August 13, 2019:
Incurring a debt for an obligation is not a preferential transfer. (This is not a fraudulent transfer action.) A transfer actually needs to have been made to constitute a preferential transfer. Did the debtor ever pay the American Express card charge for $17,404.02 that the trustee includes as part of the "transfers" in question? If not, this "transfer" merely served to substitute the debtor's debt to the defendant with a debt owed to American Express did not impact or reduce the debtor's assets in any way. Section 547 permits the avoidance of a transfer by the debtor of an interest in property. Section 101(54) defines the term, "transfer" to mean the creation of a lien, the retention of title as a security interest, the foreclosure of the debtor's equity of redemption or each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.
Incurring a credit card obligation is not any of these things.
Grant motion to the extent that is seeks a default judgment for the amounts actually transferred out of the debtor's bank accout and not for the amount of the American Express charge. Deny balance of relief requested.
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):
Wish for Falling Star, Inc. Pro Se
Movant(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01368 NG DIP Liquidating Trust v. Wish for Falling Star, Inc.
fr. 1-8-19, 4-2-19, 6-18-19
Docket 3
- NONE LISTED -
5/29/19 -- Court granted ex parte motion continuing deadline for movant to file supplemental declaration in support of motion for default judgment to July 23, 2019 and continuing hearing and status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
Tentative Ruling for August 13, 2019:
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):
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):
Wish for Falling Star, Inc. Pro Se
2:00 PM
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
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, 8-8-18, 11-6-18, 12-4-18, 2-26-19, 4-9-19
Docket 1
7/2/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 8/15/19 @ 11am
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.
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Tentative Ruling for February 15, 2017:
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
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and implement the default provisions under the plan.
Tentative Ruling for August 8, 2018:
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 effective in the near future.
Final Ruling for December 4, 2018:
Court entered order dated December 11, 2019, continuing case status conference to February 26, 2019 at 2:00 p.m and providing that, if trustee does not receive from reorganized debtor sufficient funds to enable trustee to make all payments then due under confirmed plan by 4:00 p.m. on February 19, 2019, the trustee must declare a default under the plan and invoke the plan provisions that apply in the event of a default. Court directed trustee to file and serve an updated status report not later than February 19, 2019.
Tentative Ruling for February 26, 2019:
Has the trustee declared a default under the plan? If not, why not and when
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will the trustee declare a default under the plan? When will the trustee employ a broker to market the property? Hearing required.
Final Ruling from February 26, 2019:
Continue case status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with status conference in adversary proceeding to recover alleged overpayment. Trustee should file updated status report not later than March 29, 2019. (Trustee has discovered that debtor took out another loan secured by the property for $500,000.)
Tentative Ruling for April 9, 2019:
Reorganized debtor paid the trustee $175,000, which the trustee believes is sufficient to consummate the plan. When does the trustee anticipate that she will be in a position to make the required plan disbursements?
MATTER RESCHEDULED TO AUGUST 15, 2019 AT 11:00 A.M.
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
Docket 1
7/2/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 8/15/19 @ 11am
Tentative Ruling for November 28, 2018:
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?
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Final Ruling for November 28, 2018:
Debtor must serve and file notice of bar date not later than December 14, 2018. Bar date will be February 4, 2019. Court will continue status conference to January 10, 2019 at 10:00 a.m. Debtor should file updated status report by December 31, 2018.
12/3/18 -- Court signed scheduling order setting following dates:
L/D to serve notice of bar date -- December 14, 2018 Bar date -- February 4, 2019
Cont'd status conference -- January 10, 2019 at 10:00 a.m. L/D to file updated status report -- December 31, 2018
Tentative Ruling for January 10, 2019:
Debtor was supposed to have served notice of bar date by December 14, 2018. He served notice on December 21, 2018 (according to the proof of service attached to the notice filed with the court). The issue is when the notice was served on creditors, not when it was filed with the Court. Does the debtor have, or can the debtor truthfully execute, a declaration under penalty of perjury attesting to service on creditors of the notice of bar date on or before December 14, 2018? If not, set new bar date and require debtor to serve a new notice that explains that, because he failed to serve the prior notice in a timely manner, the Court has set a new deadline for the filing of claims.
The debtor's updated status report was filed on December 31, 2018, but does not contain a proof of service and no service copy was provided to the Court. Require debtor to file a declaration in which he states under penalty of perjury that he has read and is familiar with the local rules of the court and the court manual. Otherwise, court will insist that debtor retain counsel if he wants to remain in chapter 11.
Debtor is not licensed to practice in the State of California and should not use the abbreviation "Esq." after his name on pleadings, as that implies that one
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is an attorney.
Has the debtor filed the Otober 2018 operating report? How about the November 2018 operating report? Has the debtor now signed up for the California bar exam?
Court granted the US Trustee's ex parte application for an extension of time to respond to the debtor's application to employ VWM Analytics. The debtor proposes to employ this firm to prepare an expert report concerning the damages that he intends to assert against Paul Hastings, which is arguably premature. Debtor will have more than ample time to employ a damages expert in light of the fact that he has not even filed a lawsuit against the firm (is this still the case?) and the court assumes that liability will be contested. (Debtor reports that he cannot obtain a right to sue letter from the EEOC in light of the government shutdown.)
Final Ruling for January 10, 2019:
Continue hearing to February 27, 2019 at 10:00 am. Debtor should serve and file updated status report not later than February 15, 2019.
Tentative Ruling for February 27, 2019:
Debtor filed 2 monthly operating reports on February 15, but not the updated status report. What, if anything, has happened in this case since the January 10 status conference?
NOTE: February Bar Examination is scheduled for Tuesday and Wednesday, February 26-27,2019. Debtor had said that he planned to sign up for this examination.
Final Ruling for February 27, 2019:
Continue hearing to May 1, 2019 at 11:00 a.m. Debtor should file updated status report by April 19, 2019. Debtor represented that he will be signing up for July bar exam and, in the meantime, looking for jobs that do not require him to be a member of the California bar.
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Tentative Ruling for May 1, 2019:
Hearing required.
MATTER RESCHEDULED TO AUGUST 15, 2019 AT 11:00 A.M.
Debtor(s):
Andrew Stephen Hennigan Represented By Daniel J Weintraub Nina Z Javan
11:00 AM
Authorizing Use Of Cash Collateral On An Interim Basis
Granting Replacement Liens
Scheduling A Final Hearing On Permanent Use Of Cash Collatera
After Hearing, Authorizing Permanent Use Of Cash Collateral fr. 4-16-19, 5-2-19
Docket 11
7/2/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 8/15/19 @ 11am
Tentative Ruling for April 16, 2019:
The court has a number of questions and concerns:
Presumably, the lenders have liens on assets other than cash, including accounts receivable and inventory. Court cannot tell from cash flow projections attached what the balances/values of these items were as of the petition date or how they will be affected as the debtor continues to operate. The court cannot determine whether secured creditors will be adequately protected if debtor continues to operate without being able to see the entire picture. Will the debtor be generating new business sufficient to replace any receivables and inventory being liquidated, or will the debtor just be turning its existing assets into cash, spending that cash and leaving the secured creditors without any collateral or with a reduced amount of collateral?
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The projections show revenue of $135,000 in April from under "other income/AMEX." What is this?
The projections reflect large increases in revenue each month. On what does the debtor base the assumption that its revenues will increase by this magnitude each month?
What expenses are included in the $58,946 of "miscellaneous expenses"?
How good has the debtor historically been at projecting its revenues?
There are a large number of judgment creditors who may have liens against the debtor's personal property. What does the debtor's aged accounts payable look like? How long has it been since this debtor was generally paying its debts (other than rent) as they became due?
There are a number of secured creditors for which Exhibit 2 shows that the amount of the debt is "unknown." Why is this the case? How reliable are the debtor's books and records?
In addition to the secured creditors shown on Exhibit 2 for which the amount of the debt is unknown, there are other creditors, including Sally Sirkin Lewis herself, for which the estimated claim amount has simply been left blank. What is the difference between "unknown" and blank on this chart?
The debtor represents that the liquidation value of its assets is only approximatley $300,000 and that creditors are unlikely to recover any significant percentage of their claims unless the debtor can reorganize, but how likely is it that the debtor actually will be able to reorganize? Might creditors be better off simply liquidating whatever there is to liquidate rather than permitting the debtor to liquidate its assets and expend the proceeds generated thereby on fruitless efforts to turn this business around? The debtor represents that, during the third and fourth quarters of 2018, there was a significant downturn in activity in the home interior furnishings industry. How has the first quarter of 2019 been going? Is the downturn continuing or
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abating? When did the debtor first realize that it was time for it to accomplish a "business pivot" and how long has the debtor been working on trying to accomplish this pivot? And how long will it take the debtor to complete its pivot?
Hearing required.
Final Ruling for April 16, 2019:
Grant motion on interim basis. Authorize debtor to use not more than
$225,000 of cash collateral between petition date and commencement of final hearing on use of cash collateral for ordinary and necessary operating expenses in amounts not to exceed budgeted amounts, plus a 10 percent variance per item, and not including any insider compensation unless/until/to the extent approved pursuant to insider compensation procedures. Secured lenders will receive replacement liens on post-petition assets, other than avoiding power actions, to secure any diminution in the value of their cash collateral, which liens will have the same validity and priority as their prepetition liens. Debtor shall file any supplemental papers including any changes to the budget or projections and a recap of actual expenditures not later than April 30, 2019. Debtor should serve and file notice of final hearing by April 19, 2019. Oppositions will be due by April 29, 2019.
Tentative Ruling for May 2, 2019:
What is the status of negotiations between debtor and Hanmi concerning adequate protection payments? Has debtor made any adjustments to its budget or projections based on actual results since interim hearing?
Hearing required.
MATTER RESCHEDULED TO AUGUST 15, 2019 AT 11:00 A.M.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub
11:00 AM
Movant(s):
Nina Z Javan
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
10:00 AM
Docket 10
- NONE LISTED -
Vacate OSC as moot. Case has already been dismissed. Appearances waived.
Debtor(s):
Joyce I Kim Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 24
- NONE LISTED -
Grant motion. Waive appearances. US Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Leonar Hayrabidian Hajiabad Represented By
Asbet A Issakhanian
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 16
- NONE LISTED -
Grant motion. Waive appearances. US Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 16
6/25/19 - Case dismissed.
Deny motion as moot. Case has already been dismissed.
Debtor(s):
Ria S Bartolome Represented By
James Geoffrey Beirne
Movant(s):
United States Trustee (LA) Represented By Kelly L Morrison
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 23
8/14/19 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 8/15/19 @ 10am.
Grant motion. In light of debtor's failure to cooperate with trustee's efforts to market the property, enter order compelling debtor to vacate premises within 10 days after entry of order granting motion.
Debtor(s):
Christopher Lynn Younger Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 105
7/10/19 - R. Gibson Pagter, (714)541-6072, has been approved for telephonic appearance on 8/15/19 @ 10am
It appears from the docket that the continued date for the debtor's 341(a) meeting was July 18, 2019. This objection was filed on June 28, 2019, and is therefore timely.
Debtor did not reside in the property as of the petition date and did not intend to move back into the property due to the high cost to maintain the property. Debtor is not entitled to assert a homestead exemption with regard to the property. Sustain objection.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
FPS-South Flower Associates, LLC Represented By
R Gibson Pagter Jr.
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
Docket 248
- NONE LISTED -
Court is confused. Has debtor satisfied all conditions under the plan to her obtaining a discharge? If not, why should the Court waive any of those conditions? If all conditions have been satisfied, debtor should simply request entry of her discharge, not entry of an early discharge. What was she supposed to do to obtain a discharge that she has not done?
The concept of an early discharge comes up when the debtor cannot comply with the conditions to discharge in the plan and the plan cannot be modified to solve the problem. It is not there as an alternative when the debtor has been performing in accordance with the plan. There should be a reason for this. What is the reason here?
Figures in reply do not add up. The regular obligations as of May 1, 2019 cannot be $1,401.10, representing $1406.80 for principal/interest and
$354.30 for escrow payments.
Hearing required.
Debtor(s):
Philis Groomes-Love Represented By
Blake J Lindemann
10:00 AM
Adv#: 2:18-01072 Groomes-Love v. WELLS FARGO BANK, N.A.
fr. 5-15-18, 6-26-18, 7-31-18, 10-2-18, 1-29-19, 4-30-19, 8-13-19
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.
10/4/18 -- Court signed scheduling order with following dates: Discovery cutoff -- March 31, 2019
Cont'd status conference -- January 29, 2019 at 2:00 p.m.
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L/D to file updated status report -- January 15, 2019
Tentative Ruling for January 29, 2019:
Court set discovery cutoff of March 31, yet parties report in status report that they will complete discovery by the end of April. Are they requesting extension of discovery cutoff?
Are the parties still optimistic that they will succeed in negotiating a consensual resolution of this matter in the near future? Hearing required.
1/30/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- April 30, 2019 at 2:00 p.m. L/D to file joint status report -- April 16, 2019
L/D to complete discovery -- April 30, 2019
Tentative Ruling for April 30, 2019:
Parties report that they have reached a settlement in principle. Discuss structure of settlement with parties.
Tentative Ruling for August 13, 2019:
Has the settlement agreement been signed yet? If not, why not? Why is this taking so long? Is there a problem? What is the structure of the proposed settlement? Hearing required.
Debtor(s):
Philis Groomes-Love Represented By
Blake J Lindemann
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Dean G Rallis Jr Matthew J Pero
10:00 AM
Matthew D Pham
Plaintiff(s):
Philis Groomes-Love Represented By
Blake J Lindemann
10:00 AM
Docket 909
NONE LISTED -
SFR should not be a client. Only the debtor should be a client. SFR is a guarantor of the fees. That is different from its being a client. Engagement letter should be modified accordingly.
Court is not troubled by ability of proposed counsel to assert/perfect a lien against the proceeds generated by the litigation that it is being retained to handle. The problem is that the motion/application was inconsistent with the language of the retainer agreement. It appears that it is the debtor's intention for the language of the retainer agreement to govern. Why was the application prepared with a different description of the lien arrangements.
Court needs clarification as to the debtor's liability. The application made it appear that the debtor will not be responsible for the fees. This appears based on the retainer agreement to be inaccurate. The debtor will also be liable, but SFR is guaranteeing the fees and, as between the debtor and SFR, it is the understanding that SFR will pay the fees and will not have a right of reimbursement, indemnification or contribution from the debtor. Is this correct, or would SFR be entitled to assert a post-petition claim for any amounts that it pays to counsel on the debtor's behalf. (The order on the application should clarify what the terms will be.)
Court agrees that counsel should be required to file fee applications, even if the employment is approved under sections 327 and 328.
Proposed fees appear reasonable. If above issues can be resolved, approve proposed employment.
10:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Outside the Ordinary Course of Business, Free and Clear of Claims, Liens,
Encumbrances and Interests
Approving the Form and Manner of Notice and Bid Process
Docket 215
NONE LISTED -
Grant motion. Approve sale to highest bidder.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Movant(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
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, 8-8-18, 11-6-18, 12-4-18, 2-26-19, 4-9-19
FR. 8-14-19
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:
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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.
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Tentative Ruling for August 8, 2018:
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 effective in the near future.
Final Ruling for December 4, 2018:
Court entered order dated December 11, 2019, continuing case status conference to February 26, 2019 at 2:00 p.m and providing that, if trustee does not receive from reorganized debtor sufficient funds to enable trustee to make all payments then due under confirmed plan by 4:00 p.m. on February 19, 2019, the trustee must declare a default under the plan and invoke the plan provisions that apply in the event of a default. Court directed trustee to file and serve an updated status report not later than February 19, 2019.
Tentative Ruling for February 26, 2019:
Has the trustee declared a default under the plan? If not, why not and when will the trustee declare a default under the plan? When will the trustee employ a broker to market the property? Hearing required.
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Final Ruling from February 26, 2019:
Continue case status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with status conference in adversary proceeding to recover alleged overpayment. Trustee should file updated status report not later than March 29, 2019. (Trustee has discovered that debtor took out another loan secured by the property for $500,000.)
Tentative Ruling for April 9, 2019:
Reorganized debtor paid the trustee $175,000, which the trustee believes is sufficient to consummate the plan. When does the trustee anticipate that she will be in a position to make the required plan disbursements?
Tentative Ruling for August 15, 2019:
Continue status conference to October 16, 2019 at 11:00 a.m. Trustee should file updated status report not later than October 7, 2019.
APPEARANCES WAIVED ON AUGUST 15, 2019.
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
Docket 69
NONE LISTED -
This case is not a reorganization and has never been. The debtor still has no regular income. The only meaningful asset of this estate is the debtor's lawsuit against his former employer. Court previously advised debtor that it was concerned with the manner in which the case was progressing and that he needed to retain chapter 11 counsel. Debtor did so, but that counsel has withdrawn and has not been replaced.
Debtor has a duty to file monthly operating reports, but has failed to do so. Only the MORs for January through April have been filed, although this case on October 18, 2019. This case has been going nowhere and is not likely to go anywhere without the assistance of competent chapter 11 counsel.
Court will not dismiss this case only to have it refiled again in the near future with exactly the same problems as the current case. Therefore, the Court will either convert the case to chapter 7 (in which event the chapter 7 trustee will be in a position to litigate or settle the debtor's claims against his former employer) or, if the debtor would prefer to retain control over the litigation and is willing to agree to a 2-year bar on refiling, the court will dismiss the case.
Debtor(s):
Andrew Stephen Hennigan Represented By Nina Z Javan
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for November 28, 2018:
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?
Final Ruling for November 28, 2018:
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Debtor must serve and file notice of bar date not later than December 14, 2018. Bar date will be February 4, 2019. Court will continue status conference to January 10, 2019 at 10:00 a.m. Debtor should file updated status report by December 31, 2018.
12/3/18 -- Court signed scheduling order setting following dates:
L/D to serve notice of bar date -- December 14, 2018 Bar date -- February 4, 2019
Cont'd status conference -- January 10, 2019 at 10:00 a.m. L/D to file updated status report -- December 31, 2018
Tentative Ruling for January 10, 2019:
Debtor was supposed to have served notice of bar date by December 14, 2018. He served notice on December 21, 2018 (according to the proof of service attached to the notice filed with the court). The issue is when the notice was served on creditors, not when it was filed with the Court. Does the debtor have, or can the debtor truthfully execute, a declaration under penalty of perjury attesting to service on creditors of the notice of bar date on or before December 14, 2018? If not, set new bar date and require debtor to serve a new notice that explains that, because he failed to serve the prior notice in a timely manner, the Court has set a new deadline for the filing of claims.
The debtor's updated status report was filed on December 31, 2018, but does not contain a proof of service and no service copy was provided to the Court. Require debtor to file a declaration in which he states under penalty of perjury that he has read and is familiar with the local rules of the court and the court manual. Otherwise, court will insist that debtor retain counsel if he wants to remain in chapter 11.
Debtor is not licensed to practice in the State of California and should not use the abbreviation "Esq." after his name on pleadings, as that implies that one is an attorney.
Has the debtor filed the Otober 2018 operating report? How about the
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November 2018 operating report? Has the debtor now signed up for the California bar exam?
Court granted the US Trustee's ex parte application for an extension of time to respond to the debtor's application to employ VWM Analytics. The debtor proposes to employ this firm to prepare an expert report concerning the damages that he intends to assert against Paul Hastings, which is arguably premature. Debtor will have more than ample time to employ a damages expert in light of the fact that he has not even filed a lawsuit against the firm (is this still the case?) and the court assumes that liability will be contested. (Debtor reports that he cannot obtain a right to sue letter from the EEOC in light of the government shutdown.)
Final Ruling for January 10, 2019:
Continue hearing to February 27, 2019 at 10:00 am. Debtor should serve and file updated status report not later than February 15, 2019.
Tentative Ruling for February 27, 2019:
Debtor filed 2 monthly operating reports on February 15, but not the updated status report. What, if anything, has happened in this case since the January 10 status conference?
NOTE: February Bar Examination is scheduled for Tuesday and Wednesday, February 26-27,2019. Debtor had said that he planned to sign up for this examination.
Final Ruling for February 27, 2019:
Continue hearing to May 1, 2019 at 11:00 a.m. Debtor should file updated status report by April 19, 2019. Debtor represented that he will be signing up for July bar exam and, in the meantime, looking for jobs that do not require him to be a member of the California bar.
Tentative Ruling for May 1, 2019:
11:00 AM
Hearing required.
Tentative Ruling for August 15, 2019:
Revisit status of case after conclusion of hearing on US Trustee's motion to dismiss.
Debtor(s):
Andrew Stephen Hennigan Represented By Daniel J Weintraub Nina Z Javan
11:00 AM
Authorizing Use Of Cash Collateral On An Interim Basis
Granting Replacement Liens
Scheduling A Final Hearing On Permanent Use Of Cash Collatera
After Hearing, Authorizing Permanent Use Of Cash Collateral fr. 4-16-19, 5-2-19, 8-14-19
Docket 11
- NONE LISTED -
Tentative Ruling for April 16, 2019:
The court has a number of questions and concerns:
Presumably, the lenders have liens on assets other than cash, including accounts receivable and inventory. Court cannot tell from cash flow projections attached what the balances/values of these items were as of the petition date or how they will be affected as the debtor continues to operate. The court cannot determine whether secured creditors will be adequately protected if debtor continues to operate without being able to see the entire picture. Will the debtor be generating new business sufficient to replace any receivables and inventory being liquidated, or will the debtor just be turning its existing assets into cash, spending that cash and leaving the secured creditors without any collateral or with a reduced amount of collateral?
The projections show revenue of $135,000 in April from under "other income/AMEX." What is this?
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The projections reflect large increases in revenue each month. On what does the debtor base the assumption that its revenues will increase by this magnitude each month?
What expenses are included in the $58,946 of "miscellaneous expenses"?
How good has the debtor historically been at projecting its revenues?
There are a large number of judgment creditors who may have liens against the debtor's personal property. What does the debtor's aged accounts payable look like? How long has it been since this debtor was generally paying its debts (other than rent) as they became due?
There are a number of secured creditors for which Exhibit 2 shows that the amount of the debt is "unknown." Why is this the case? How reliable are the debtor's books and records?
In addition to the secured creditors shown on Exhibit 2 for which the amount of the debt is unknown, there are other creditors, including Sally Sirkin Lewis herself, for which the estimated claim amount has simply been left blank. What is the difference between "unknown" and blank on this chart?
The debtor represents that the liquidation value of its assets is only approximatley $300,000 and that creditors are unlikely to recover any significant percentage of their claims unless the debtor can reorganize, but how likely is it that the debtor actually will be able to reorganize? Might creditors be better off simply liquidating whatever there is to liquidate rather than permitting the debtor to liquidate its assets and expend the proceeds generated thereby on fruitless efforts to turn this business around? The debtor represents that, during the third and fourth quarters of 2018, there was a significant downturn in activity in the home interior furnishings industry. How has the first quarter of 2019 been going? Is the downturn continuing or abating? When did the debtor first realize that it was time for it to accomplish a "business pivot" and how long has the debtor been working on trying to accomplish this pivot? And how long will it take the debtor to complete its
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pivot?
Hearing required.
Final Ruling for April 16, 2019:
Grant motion on interim basis. Authorize debtor to use not more than
$225,000 of cash collateral between petition date and commencement of final hearing on use of cash collateral for ordinary and necessary operating expenses in amounts not to exceed budgeted amounts, plus a 10 percent variance per item, and not including any insider compensation unless/until/to the extent approved pursuant to insider compensation procedures. Secured lenders will receive replacement liens on post-petition assets, other than avoiding power actions, to secure any diminution in the value of their cash collateral, which liens will have the same validity and priority as their prepetition liens. Debtor shall file any supplemental papers including any changes to the budget or projections and a recap of actual expenditures not later than April 30, 2019. Debtor should serve and file notice of final hearing by April 19, 2019. Oppositions will be due by April 29, 2019.
Tentative Ruling for May 2, 2019:
What is the status of negotiations between debtor and Hanmi concerning adequate protection payments? Has debtor made any adjustments to its budget or projections based on actual results since interim hearing?
Hearing required.
Final Ruling for May 2, 2019:
Grant motion. Authorize debtor to use cash collateral in accordance with the budget through the commencement of the next hearing on August 14, 2019 at 11:00 a.m. on the same terms as previously approved. (Court subsequently rescheduled hearing to August 15, 2019.) Debtor should serve notice of the hearing and supplemental declaration with any changes to the budget for the next period not later than July 24, 2019. Any supplemental oppositions should be filed and served not later than August 7, 2019. A supplemental
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declaration with actuals through July should be filed and served by August 9, 2019.
Tentative Ruling for August 15, 2019:
What, if anything, has transpired since the date debtor filed its last two declarations (July 24, 2019). Has the debtor regained access to its computer system and financial records yet? Hearing required.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
11:00 AM
10022
fr. 7-31-19
Docket 86
- NONE LISTED -
Has debtor paid rents for June, July and August? If debtor is now current on post-petition payments, grant motion. Extend deadline for debtor to assume or reject lease to November 1, 2019.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
11:00 AM
Docket 11
- NONE LISTED -
Filing of bankruptcy case was a bad faith attempt to undermine the state court order appointing the receiver. It would be in the best interest of creditors and the public generally for the receiver to be permitted to perform his duties under the supervision of the superior court. Grant motion to abstain and dismiss this case with a 180-day bar to refiling. (Dismissal will moot the request for relief from stay, and court will not grant in rem relief in the absence of facts that support a finding under section 364(d)(4), which are absent in this case. The bankruptcy filing was a scheme to hinder, delay or defraud, but it did not include the transfer of an interest in property or multiple filings affecting this property.)
(Judge's service copy should not be double-sided.)
Debtor(s):
Jambax 2, LLC Represented By Sanford C Parke
Movant(s):
HMC Assets, LLC, solely as Represented By
Amelia B. Valenzuela
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Docket 225
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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
2:00 PM
Docket 215
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Celtic Pubs LLC Represented By
David W. Meadows
Trustee(s):
Wesley H Avery (TR) Represented By Alan I Nahmias
Stephen F Biegenzahn Scott H Noskin
2:00 PM
Docket 76
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Mike Omrani Represented By
Stella A Havkin
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Docket 53
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Julian Contreras Represented By Cynthia Grande
Trustee(s):
Sam S Leslie (TR) Represented By Eric P Israel Zev Shechtman
2:00 PM
Docket 94
- NONE LISTED -
Grant application. Allow on interim basis fees of $74,501.50 and costs of $3,035.41. 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):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
2:00 PM
Docket 339
8/14/19 - James Hinds, (310)316-0500, has been approved for telephonic appearance on 8/15/19 @ 2pm
Objection of Merrill Communications to assumption of sublease is now moot, as debtor now plans to reject sublease, but do debtor's estimates of amount of cash necessary to make payments due on the effective date include the amount necessary to pay post-petition amounts due Merrill?
Overrule Spice Affair objection. Most of the objections raise the same issues as were addressed at hearings on disclosure statement. Court does not accept Spice Affair's interpretation of the relevant numbers. With regard to the best interest of creditors test, it is not appropriate to include in the calculations the debtor's net income for an 8 month period. This is a liquidation analysis based on what creditors would receive in a hypothetical chapter 7 case and does not include ongoing income from continued operations.
With regard to debtor's request for a cramdown of the secured classes that did not vote, Classes 1(c), 1(d) and 1(e). These creditors were named in an adversary proceeding to determine the amount of their claims. They have not responded to the complaint, but debtor reports that it plans to dismiss the action as against all defendants. Court needs to make a determination that their liens are being satisfied in full. (This is true whether or not they filed proofs of claim.) Where is the evidence necessary for the court to make that determination? Debtor proposes to pay the amount lent, plus interest at a market rate. Were no other amounts due under the applicable loan documents? Was there no accrued prepetition interest? Does it really make sense to dismiss the adversary proceeding? Perhaps the debtor should obtain default judgments determining that its calculation as to the amount due
2:00 PM
is the accurate one?
Hearing required.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
fr. 8-8-18, 9-11-18, 10-9-18, 10-4-18, 2-13-19, 2-27-19, 4-30-19, 5-29-19
Docket 1
8/14/19 - James Hinds, (310)316-0500, has been approved for telephonic appearance on 8/15/19 @ 2pm
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.
2:00 PM
10/9/18 -- Court signed scheduling order setting deadline of December 31, 2018 for filing plan and disclosure statement.
Tentative Ruling for August 15, 2019:
Revisit status of case after conclusion of confirmation hearing.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
MOVANT: EAST WEST BANK fr. 5-2-19
Docket 853
- NONE LISTED -
Rulings on Evidentary Objections:
Barclay Declaration:
Overrule. Declarant may offer her opinion as to these matters.
Overrule. It is desirable to have a principal of the party responsible for making up a shortfall acknowledge that responsibility.
Galletly Declaration:
Overrule. Declarant is clearly describing the debtor's position/game plan. This is an appropriate exercise for the debtor's principal. Debtor has not filed its plan yet. Declarant is describing what the debtor's eventual plan will look like. The relevant issue is not what is in the term sheet (which might give rise to a best evidence objection), but what the plan will look like and whether it will be confirmable.
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.) Tentative Ruling on the Merits:
10:00 AM
Deny relief at this juncture, but continue hearing to track with confirmation schedule. There is no evidence that the property is declining in value and the court is not yet ready to conclude that there is no reasonable prospect for a reorganization within a reasonable period. Thus, there is no basis for relief under either section 362(d)(1) or 362(d)(2). There need not be any equity in the property for a debtor to be in a position to confirm a plan of reorganization, and there is nothing that makes the plan that the debtor has outlined inherently unconfirmable on its face. It is not unreasonable for the debtor to take a brief period of time to change gears in light of reversal of this Court's order on appeal by the district court. Court will address any objections that movant may have concerning the confirmability of the debtor's new plan in connection with disclosure statement/plan confirmation process.
In the interim, as this is a single asset case and there is at present no plan on file, court agrees that debtor should make the payments required by section 362(d)(3). Debtor should pay interest at the contractual nondefault rate on the value of the creditor's interest in the property. EWB claims to be owed more than the value of the property. Therefore, the value of EWB's interest in the property is the value of the property. For the purpose of this analysis, court agrees that it is appropriate to utilize EWB's value for the property --
$20,271,718. Debtor asserts that it is capable of making these payments. Enter standard adequate protection order (14-day default notices; maximum of 3 notices; relief granted upon declaration from lender without further notice or hearing if default uncured; waiver of Rule 4001(a)(3) if order is entered) requiring that the debtor make these payments, commencing with the May payment. If the debtor is unable to make these payments, EWB will get relief from stay. There is no need for this court to assess whether it will be feasible for the debtor to make these payments. The proof will be in the pudding, so to speak. Either the debtor will come up with the money to make these payments, or EWB will get relief from stay.
Tentative Ruling for August 20, 2019:
EWB filed supplemental papers arguing that the latest plan filed by the debtor is not feasible and that the debtor has no reasonable prospect of confirming a plan within a reasonable period.
10:00 AM
As the Court has already conditioned continuation of the automatic stay on adequate protection payments, whether or not relief from stay is appropriate on these facts will turn on whether elements of section 362(d)(2) have been satisfied. As this requires consideration of the latest version of the debtor's plan, court will revisit issue of relief from stay after consideration of the debtor's latest disclosure statement and plan.
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 Bernard R Given
10:00 AM
Docket 900
- NONE LISTED -
Overrule evidentiary objections. Court is not making factual findings at this juncture on the issues discussed in the declarations.
The Court has a number of questions and concerns with regard to the form of the proposed plan and disclosure statement that 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
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, 10-24-18, 1-23-19, 1-24-19,
3-7-19, 5-2-19
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:
10:00 AM
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for October 24, 2018:
Continue case status conference to date and time of confirmation hearing.
Tentative Ruling for March 7, 2019:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for May 2, 2019:
Set deadline for debtor to file new plan of reorganization. Continue case status conference and hearing on motion for relief from stay to same date and time as hearing on new disclosure statement.
Tentative Ruling for August 20, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
fr. 3-14-18, 5-16-18, 5-30-18, 8-1-18, 10-24-18, 12-12-18, 1-16-19, 2-27-19,
4-10-19, 5-29-19
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.
10:00 AM
Tentative Ruling for January 16, 2019:
Revisit status of motion after conclusion of related matters on calendar.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Tentative Ruling for August 21, 2019:
Revisit status of motion after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
Movant(s):
MUFG UNION BANK, N.A. Represented By Richard Sontag
10:00 AM
Docket 250
- NONE LISTED -
Why has the debtor been incurring so many overdraft fees in recent months? (Debtor reports, summarily, that most of these were in error, but what has been happening that has been resulting in all of these errors?) Why hasn't the debtor obtained a tenant for any portion of the property (or, stated differently, why has the debtor taken such an inordinately long period of time to complete the repairs/remodeling necessary to rent a unit?) What is the state of the property now? Has debtor made any efforts to locate a tenant yet?
Hearing required.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
10:00 AM
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,
12-12-18, 1-16-19, 2-27-19, 4-10-19, 5-29-19
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?
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. 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.
10:00 AM
Tentative Ruling for August 1, 2018:
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.
Tentative Ruling for January 16, 2019:
See tentative ruling for matter no. 202.
2/15/19 -- Court approved stipulation continuing hearing to April 10, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 27, 2019.
Tentative Ruling for August 21, 2019:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Erin Nicole Feldmar-DeVitre Represented By Leslie A Cohen
11:00 AM
Docket 29
- NONE LISTED -
The Court has a number of questions and concerns with regard to the motion and the debtor's financial situation generally:
According to the debtor's schedules, the payroll tax obligations that the debtor owes arose in 2016 through 2018. (Debtor claims that only a portion of these taxes qualify as priority claims.) Has the debtor been current on its 2019 payroll tax obligations? When did the debtor stop falling behind on payroll taxes (or, stated differently, when did the debtor stop spending trust funds to run its business)?
According to the papers and the debtor's schedules, the debtor may owe as much as approximately $54,000 to the EDD and $1.3M to the IRS for payroll tax liabilities. The debtor's assets are only worth, according to the papers, $952,000. Debtor contends that these amounts may be overstated. How would they be overstated? Has the debtor filed all applicable returns or are some of these amounts based on estimates the EDD or IRS has made for periods for which returns were not filed?
In looking at the debtor's projections, there is one entry for "management payroll" near the rest of the debtor's payroll related expenses, but another entry toward the bottom of the projections called, "management salaries." What is the difference between these two entries? How many management employees does the debtor have and who are they? How many of them are insiders?
It appears from the adequate protection portion of the moving papers that
11:00 AM
debtor is taking the position that creditors with a lien on cash collateral have an equity cushion to protect them. On what is this based? What valuation is the debtor using to arrive at this conclusion?
What is the Medford property that appears on the schedule of executory contracts? What is this property used for?
Who are Michael and Tamara Winn? Is there any relationship between the debtor and the Winn Family Trust other than that of borrower and lender? How did the debtor locate this lender?
The amounts currently due E&F appear to be the result of a settlement or compromise of disputes that arose earlier between the debtor and E&F. What happened? What was the nature of the dispute?
The debtor claims that creditors will be adequately protected by permitting the debtor to continue using cash to operate its business, yet the cash flow projections attached to the motion show a significant reduction in cash (in the vicinity of $15,000 to $20,000) from the beginning cash balance to the cash balance at the end of the projections.
The projections start with the period August 12 through August 18, 2019. How do the projections compare with what actually happened during this period?
Hearing required.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
MOVANT: TODD WIGGEN fr. 7-30-19
Docket 18
8/16/19 - Michael McDonald, (949)870-3800, has been approved for telephonic appearance on 8/27/19 @ 10am
Grant with waiver of Rule 4001(a)(3) to the extent necessary to permit movant to proceed against insurance proceeds. Deny extraordinary relief requested.
(Court is confused by the "joinder" filed by ECIG. Why is ECIG joining in this motion? Is ECIG a party to the litigation that is the subject of this motion?)
Debtor(s):
MRL DISTRIBUTOR LLC Represented By Rosendo Gonzalez Joyce Owens
Movant(s):
Todd Wiggen Represented By
Michael B McDonald
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: WILLIAM MARTINEZ
Docket 27
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3) to the extent necessary to permit movant to proceed against insurance proceeds.
Debtor(s):
MRL DISTRIBUTOR LLC Represented By Rosendo Gonzalez Joyce Owens
Movant(s):
William Martinez Represented By Whitney D Bertch
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: THOMAS D. LEWIS
Docket 29
8/16/19 - Joseph Tomasik, (510)848-0500, has been approved for telephonic appearance on 8/27/19 @ 10am
Grant with waiver of Rule 4001(a)(3) to the extent necessary to permit movant to proceed against insurance proceeds. (Include in order provision that permits all parties to litigation to litigate to a final judgment, including any appeals and post-trial motions.)
Debtor(s):
MRL DISTRIBUTOR LLC Represented By Rosendo Gonzalez Joyce Owens
Movant(s):
Thomas D. Lewis Represented By Joseph E Tomasik
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: GOLDEN 1 CREDIT UNION
Docket 15
8/26/19 - Mirco Haag, (949)884-6345, has been approved for telephonic appearance on 8/27/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Luis Arellano Navarrete Pro Se
Movant(s):
Golden 1 Credit Union Represented By Mirco J Haag
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: BROKER SOLUTIONS, INC. DBA NEW AMERICAN FUNDING
Docket 10
- 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):
Lisa Marie Guerrero Pro Se
Movant(s):
Broker Solutions, Inc. dba New Represented By Nathan F Smith
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: PENNYMAC LOAN SERVICES, LLC.
Docket 14
8/19/19 - Robert Zaharadka, (619)794-0518, has been approved for telephonic appearance on 8/27/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Gina Marie Lopez Represented By Kelly L Casado
Movant(s):
PennyMac Loan Services, LLC Represented By Robert P Zahradka
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 7
8/21/19 - John Kim, (714)431-1086, has been approved for telephonic appearance on 8/27/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Cesar Luna Represented By
Cynthia Grande
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
John P Pringle (TR) Pro Se
10:30 AM
Docket 1
8/20/19 - Christopher Crowell, (818)907-3126, has been approved for telephonic appearance on 8/27/19 @ 10:30am
How has the debtor been doing with regard to meeting its projections? Are quotes converting to orders at the rate the debtor had anticipated? Has debtor succeeded in operating in accordance with its cash collateral budget or have there been significant variances? If so, in what areas?
Hearing required.
6/6/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- August 28, 2019 at 11:00 a.m. L/D to file updated status report -- August 16, 2019
L/D to serve notice of bar date -- June 7, 2019 Bar date -- August 9, 2019
Tentative Ruling for August 27, 2019:
Where is the status report that debtor was to have filed by August 16, 2019? Based on US Trustee's status report, issue OSC why case should not be dismissed or converted. Set expedited hearing on OSC.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub
10:30 AM
10:30 AM
10022
fr. 7-31-19, 8-15-19
Docket 86
- NONE LISTED -
This hearing has already been continued twice to give the debtor an opportunity to pay post-petition rents. In light of cash flow issues, court assumes that debtor still has not paid post-petition rents. Accordingly, deny motion.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
10:30 AM
Authorizing Use Of Cash Collateral On An Interim Basis
Granting Replacement Liens
Scheduling A Final Hearing On Permanent Use Of Cash Collatera
After Hearing, Authorizing Permanent Use Of Cash Collateral fr. 4-16-19, 5-2-19, 8-14-19, 8-15-19
Docket 11
- NONE LISTED -
Tentative Ruling for April 16, 2019:
The court has a number of questions and concerns:
Presumably, the lenders have liens on assets other than cash, including accounts receivable and inventory. Court cannot tell from cash flow projections attached what the balances/values of these items were as of the petition date or how they will be affected as the debtor continues to operate. The court cannot determine whether secured creditors will be adequately protected if debtor continues to operate without being able to see the entire picture. Will the debtor be generating new business sufficient to replace any receivables and inventory being liquidated, or will the debtor just be turning its existing assets into cash, spending that cash and leaving the secured creditors without any collateral or with a reduced amount of collateral?
The projections show revenue of $135,000 in April from under "other income/AMEX." What is this?
10:30 AM
The projections reflect large increases in revenue each month. On what does the debtor base the assumption that its revenues will increase by this magnitude each month?
What expenses are included in the $58,946 of "miscellaneous expenses"?
How good has the debtor historically been at projecting its revenues?
There are a large number of judgment creditors who may have liens against the debtor's personal property. What does the debtor's aged accounts payable look like? How long has it been since this debtor was generally paying its debts (other than rent) as they became due?
There are a number of secured creditors for which Exhibit 2 shows that the amount of the debt is "unknown." Why is this the case? How reliable are the debtor's books and records?
In addition to the secured creditors shown on Exhibit 2 for which the amount of the debt is unknown, there are other creditors, including Sally Sirkin Lewis herself, for which the estimated claim amount has simply been left blank. What is the difference between "unknown" and blank on this chart?
The debtor represents that the liquidation value of its assets is only approximatley $300,000 and that creditors are unlikely to recover any significant percentage of their claims unless the debtor can reorganize, but how likely is it that the debtor actually will be able to reorganize? Might creditors be better off simply liquidating whatever there is to liquidate rather than permitting the debtor to liquidate its assets and expend the proceeds generated thereby on fruitless efforts to turn this business around? The debtor represents that, during the third and fourth quarters of 2018, there was a significant downturn in activity in the home interior furnishings industry. How has the first quarter of 2019 been going? Is the downturn continuing or abating? When did the debtor first realize that it was time for it to accomplish a "business pivot" and how long has the debtor been working on trying to accomplish this pivot? And how long will it take the debtor to complete its
10:30 AM
pivot?
Hearing required.
Final Ruling for April 16, 2019:
Grant motion on interim basis. Authorize debtor to use not more than
$225,000 of cash collateral between petition date and commencement of final hearing on use of cash collateral for ordinary and necessary operating expenses in amounts not to exceed budgeted amounts, plus a 10 percent variance per item, and not including any insider compensation unless/until/to the extent approved pursuant to insider compensation procedures. Secured lenders will receive replacement liens on post-petition assets, other than avoiding power actions, to secure any diminution in the value of their cash collateral, which liens will have the same validity and priority as their prepetition liens. Debtor shall file any supplemental papers including any changes to the budget or projections and a recap of actual expenditures not later than April 30, 2019. Debtor should serve and file notice of final hearing by April 19, 2019. Oppositions will be due by April 29, 2019.
Tentative Ruling for May 2, 2019:
What is the status of negotiations between debtor and Hanmi concerning adequate protection payments? Has debtor made any adjustments to its budget or projections based on actual results since interim hearing?
Hearing required.
Final Ruling for May 2, 2019:
Grant motion. Authorize debtor to use cash collateral in accordance with the budget through the commencement of the next hearing on August 14, 2019 at 11:00 a.m. on the same terms as previously approved. (Court subsequently rescheduled hearing to August 15, 2019.) Debtor should serve notice of the hearing and supplemental declaration with any changes to the budget for the next period not later than July 24, 2019. Any supplemental oppositions should be filed and served not later than August 7, 2019. A supplemental
10:30 AM
declaration with actuals through July should be filed and served by August 9, 2019.
Tentative Ruling for August 15, 2019:
What, if anything, has transpired since the date debtor filed its last two declarations (July 24, 2019). Has the debtor regained access to its computer system and financial records yet? Hearing required.
8/20/19 -- Court entered third interim order authorizing debtor to continue to use up to $95,000 of cash collateral on same terms through August 27,2019. Order also required debtor to pay one half of a monthly debt service payment to Hanmi Bank by August 22, 2019. Oppositions to debtor's continued use of cash collateral must be filed and served by August 22, 2019.
Tentative Ruling for August 27, 2019:
Deny continued use of cash collateral, as continued operation of debtor's business appears to be producing net diminution in collateral values.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
Movant(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
10:30 AM
MOVANT: ADP TOTALSOURCE, INC.
Docket 111
- NONE LISTED -
Grant motion, including waiver of Rule 4001(a)(3).
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Movant(s):
ADP TotalSource, Inc. Represented By Scott E Blakeley
2:00 PM
Adv#: 2:16-01256 Naimer et al v. Faber et al
Docket 35
- NONE LISTED -
Grant. Enter judgment for plaintiff in the amount of $24,150, plus interest at the rate of 10 percent from July 2, 2019 through the entry of judgment. (Thereafter, post-judgment interest will accrue at the federal judgment rate.)
Debtor(s):
Eric Carl Faber Represented By Heather J Canning
Defendant(s):
Eric Carl Faber Pro Se
Debra Donnelly Faber Pro Se
Joint Debtor(s):
Debra Donnelly Faber Represented By Heather J Canning
Movant(s):
Lisa Naimer Represented By
Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
2:00 PM
Joachim Naimer Represented By Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Plaintiff(s):
Joachim Naimer Represented By Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Lisa Naimer Represented By
Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al
Docket 1
- NONE LISTED -
7/29/19 -- Court approved stipulation continuing deadline to respond to complaoint to August 19, 2019 and continuing status conference to October 1, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Ranbir S Sahni Represented By Leslie A Cohen
Totalis Energy, LLC Represented By Leslie A Cohen
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Aaron E de Leest
2:00 PM
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
Docket 1
8/20/19 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 8/27/19 @ 2pm
If defendants have filed motion to dismiss, continue status conference to date of hearing on motion as a holding date. If defendants have filed answer to complaint, both parties have indicated a willingness to attend mediation.
Discuss with parties the timing of mediation.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Defendant(s):
Burgee & Abramoff, P.C. Pro Se
John Burgee Pro Se
Robert Abramoff Pro Se
Lanius Law & Associates, P.C. Represented By Stella A Havkin
Joseph Lanius Represented By Stella A Havkin
2:00 PM
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
2:00 PM
Adv#: 2:19-01184 DYE v. de Gallegos et al
Docket 1
8/20/19 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 8/27/19 @ 2pm
8/20/19 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 8/27/19 @ 2pm
Both parties have indicated a willingness to attend mediation. Discuss with parties the timing of mediation.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Defendant(s):
Jeffrey Norman Elliott Represented By Jeffrey S Shinbrot
Max Charles Moore II Represented By Jonathan M. Saffer
Christian de Gallegos Pro Se
2:00 PM
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
2:00 PM
Adv#: 2:19-01017 Bradley D. Sharp, Chapter 7 Trustee v. Global Merchant Cash, Inc.
Docket 18
7/15/19 - Thomas McEvoy, (212)930-9700, has been approved for telephonic appearance on 8/27/19 @ 2pm
8/12/19 -- Court approved stipulation continuing hearing to October 15, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Defendant(s):
Global Merchant Cash, Inc. Represented By Robert B Volynsky
Movant(s):
Global Merchant Cash, Inc. Represented By Robert B Volynsky
Plaintiff(s):
Bradley D. Sharp, Chapter 7 Trustee Represented By
Elissa Miller
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
Adv#: 2:19-01188 Avery v. Robles
Docket 12
- NONE LISTED -
Grant motion. Enter judgment revoking debtor's discharge under 727(d)(3), baesd on debtor's refusal to obey order requiring them to return funds paid on account of homestead exemption that were not reinvested in a homestead within 6 months. (Court is not prepared to find that debtors acquired or retained property knowingly and fraudulently. They obtained the funds in a lawful manner, and there is no evidence in the record to show that the retention of these funds was fraudulent in any respect.)
Debtor(s):
Roberto Robles Pro Se
Defendant(s):
Roberto Robles Pro Se
Movant(s):
Wesley H. Avery Represented By
Michelle A Marchisotto
Plaintiff(s):
Wesley H. Avery Represented By
Michelle A Marchisotto
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
2:00 PM
Adv#: 2:19-01188 Avery v. Robles
Docket 1
- NONE LISTED -
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):
Roberto Robles Pro Se
Defendant(s):
Roberto Robles Pro Se
Plaintiff(s):
Wesley H. Avery Represented By
Michelle A Marchisotto
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
2:00 PM
Adv#: 2:18-01297 Berkhahn v. Wells Fargo Education Financial Services et al
fr. 11-27-18, 2-5-19, 5-7-19
Docket 1
8/21/19 - Rancy Mroczynski, (714)431-1026, has been approved for telephonic appearance on 8/27/19 @ 2pm
11/9/18 -- Court approved stipulation discharging plaintiff's liability on Navient loan and dismissing Navient and SLM as defendants in this action.
Tentative Ruling for November 27, 2018:
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.
Final Ruling for November 27, 2018:
Court continued status conference to February 5, 2019 at 2:00 p.m. Parties shall file joint status report not later than January 22, 2019.
2:00 PM
1/9/19 -- Court granted Dept. of Education's request for stay of proceeding in light of government shutdown. Court will continue status conference from time to time until stay has been lifted.
Tentative Ruling for February 5, 2019:
Now that government has reopened, at least temporarily, what would the Department of Education like to do with the deadlines in this action? Hearing required.
2/20/19 -- Court approved scheduling order with following dates: Cont'd status conference -- May 7, 2019 at 2:00 p.m.
L/D to file updated status report -- April 23, 2019 L/D to complete discovery -- July 12, 2019
3/7/19 -- Court approved stipulation dismissing Department of Education as defendant.
5/2/19 -- Court approved stipulation resolving action as against Salander Enterprises.
Tentative Ruling for May 7, 2019:
Is Wells Fargo the only remaining defendant at this point or do other defendants remain? What is the status of the action as against the remaining defendant(s)? Discuss with parties problem of both giving the plaintiff a judgment as against a single defendant and dismissing that defendant from the action. Should the court order the remaining parties to mediation?
5/8/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- August 27, 2019 at 2:00 L/D to file joint status report -- August 13, 2019 Discovery cutoff -- September 30, 2019
2:00 PM
Tentative Ruling for August 27, 2019:
How optimistic are the parties that the matter will settle without the assistance of a mediator? Hearing required.
Debtor(s):
Rachael Ann Berkhahn Represented By Sanaz S Bereliani
Defendant(s):
Wells Fargo Education Financial Pro Se Salander Enterprises, LLC, Assinee Represented By
Bonni S Mantovani
U.S. Dept of Education Represented By Elan S Levey
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#: 2:18-01442 Martinez v. Peters et al
fr. 2-26-19, 5-14-19
Docket 1
- NONE LISTED -
Continue status conference approximately 90 to 120 days. Discuss with parties the timing for sending the matter to mediation.
5/20/19 -- Court signed scheduling order with following dates: Discovery cutoff -- October 31, 2019
Cont'd status conference -- August 27, 2019 at 2:00 p.m. L/D to file joint status report -- August 13, 2019
Tentative Ruling for August 27, 2019:
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Kevin E. Peters Represented By
M. Jonathan Hayes
Defendant(s):
Kevin Edmond Peters Represented By
2:00 PM
M. Jonathan Hayes
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Joint Debtor(s):
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Plaintiff(s):
Sharon Martinez Represented By
John-Patrick M Fritz
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:19-01159 United States Trustee for the Central District of v. Gardian
Docket 11
- NONE LISTED -
Grant motion. Enter judgment barring debtor's discharge under 727(a)(3) based on debtor's failure to maintain sufficient records from which his financial condition may be ascertained -- a failure that was not justified under the circumstances of this case.
Debtor(s):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam Albert Gardian Pro Se
Movant(s):
United States Trustee for the Central Represented By
Alvin Mar
Plaintiff(s):
United States Trustee for the Central Represented By
Alvin Mar
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:19-01159 United States Trustee for the Central District of v. Gardian
fr. 8-13-19
Docket 1
7/10/19 - Default entered against Defendant Sam Albert Gardian
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):
Sam Albert Gardian Represented By Khachik Akhkashian
Defendant(s):
Sam Albert Gardian Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Alvin Mar
Trustee(s):
Timothy Yoo (TR) Represented By Richard Burstein
2:00 PM
Adv#: 2:19-01190 Dye v. Bederian
Docket 1
NONE LISTED -
Enter order directing defendant to file and serve response to complaint not later than October 2, 2019. If defendant appears, explain to defendant importance of complying with court's local rules concerning the conduct of adversary proceeding. If defendant fails to appear, include in foregoing order sanctions of $150 on defendant for failing to appear at status conference and failing to participate in preparation of joint status report.
Debtor(s):
Seda Bederian Represented By Aris Artounians Christian T Kim
Defendant(s):
Rafi Bederian Pro Se
Plaintiff(s):
Carolyn A. Dye Represented By Christian T Kim James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By Christian T Kim
2:00 PM
James A Dumas Jr
2:00 PM
Adv#: 2:19-01170 Farwell v. Herzstock
J. Herzstock
Docket 1
NONE LISTED -
Impose sanctions of $150 on defendant for failing to participate in preparation of joint status report. Explain to defendant importance of complying with court's local rules concerning the conduct of adversary proceeding.
Debtor(s):
Edward J. Herzstock Represented By
J.D. Cuzzolina
Defendant(s):
Edward J. Herzstock Pro Se
Plaintiff(s):
Alec Farwell Represented By
Sarah R Wolk Zachary Levine
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01171 Chasse v. Herzstock
Docket 1
NONE LISTED -
Impose sanctions of $150 on defendant for failing to participate in preparation of joint status report. Explain to defendant importance of complying with court's local rules concerning the conduct of adversary proceeding.
Debtor(s):
Edward J. Herzstock Represented By
J.D. Cuzzolina
Defendant(s):
Edward J. Herzstock Pro Se
Plaintiff(s):
Kyle Chasse Represented By
Sarah R Wolk Zachary Levine
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01185 Sallyport Commercial Finance, LLC v. Chen
Docket 1
NONE LISTED -
Discuss with parties timing of mediation. When does plaintiff plan to file its motion for partial summary adjudication and how should the timing of that interact with the scheduling of mediation? Hearing required.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Plaintiff(s):
Sallyport Commercial Finance, LLC Represented By
Lori E Eropkin
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01168 Furuan Trading Company CO., LTD of Kaiping City v. Yang et al
Docket 1
NONE LISTED -
8/13/19 -- At hearing held this date, court continued status conference to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
Debtor(s):
Hui Yang Represented By
Mitchell R Sussman
Defendant(s):
Hui Yang Represented By
Sanaz S Bereliani
Xiaorong Ge Represented By
Sanaz S Bereliani
Joint Debtor(s):
Xiaorong Ge Represented By
Mitchell R Sussman
Plaintiff(s):
Furuan Trading Company CO., LTD Represented By
Jing Wang
2:00 PM
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01201 Guirguis et al v. Carlsen
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued
Defendant's answer is not due until August 30, 2019. Parties have indicated a willingness to go to mediation. Discuss timing of mediation with parties.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
Plaintiff(s):
Tyler Fred Represented By
Candice Bryner
Mark Guirguis Represented By Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01172 XMI FINANCIAL SERVICES, LLC, a Limited Liability C v. Avakian
Docket 1
NONE LISTED -
Set discovery cutoff for late December. 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):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
XMI FINANCIAL SERVICES, Represented By Stephen E Jenkins
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01174 Amgine Aerospace Corporation v. Avakian
Docket 1
8/14/19 - Loretta Mills, (310)974-8800, has been approved for telephonic appearance on 8/27/19 @ 2pm
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):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
Amgine Aerospace Corporation Represented By
R. Jeffrey Neer
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01175 TCF EQUIPMENT FINANCE, a Division of TCF NATIONAL v. Avakian
Docket 1
NONE LISTED -
Set discovery cutoff for late December. 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):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
TCF EQUIPMENT FINANCE, a Represented By
Raffi Khatchadourian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01176 Siemens Financial Services, Inc., a Delaware corpo v. Avakian
Docket 1
NONE LISTED -
Set discovery cutoff for late December. 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):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
Siemens Financial Services, Inc., a Represented By
Valerie Bantner Peo
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01177 Acra Machinery, Inc., a California corporation et v. Avakian
Docket 1
NONE LISTED -
Where is joint status report that should have been filed 14 days before status conference?
Debtor(s):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
ACRA SEIKI, Inc., a California Represented By Marshall L Brubacher
Acra Machinery, Inc., a California Represented By
Marshall L Brubacher
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
fr. 5-29-19
Docket 176
8/22/19 - Lemuel Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 8/27/19 @ 2pm
Tentative Ruling for May 29, 2019:
The deadline that the debtor failed to meet was a deadline established by this court for the purpose of moving this matter along. It is not a deadline established by statute or rule and it is within the court's discretion to extend this deadline or relieve the debtor from the consequences of having failed to meet the deadline. In the absence of a showing of prejudice, the Court is inclined to overlook the fact that the debtor filed this objection on April 29, rather than April 26, and claimant has been given the 30 days notice of hearing required by the bankruptcy rules.
With regard to the merits, this Court rejects the argument that there is any meaningful distinction between default interest that falls due when an installment isn't paid on time and default interest that falls due when the principal balance isn't paid on time. The California Supreme Court has never endorsed this position. As the Supreme Court stated in Garrett v. Coast & Southern Fed. Sav. & Loan Ass'n, 9 Cal. 3d 731 (1973), "when it is manifest that a contract expressed to be performed in the alternative is in fact a contract contemplating but a single, definite performance with an additional charge contingent on the breach of that performance, the provision cannot escape examination in light of pertinent rules relative to the liquidation of damages."
2:00 PM
Section 1671(b) is applicable, but it is the debtor's burden to establish that the amount of the default interest charged is unreasonable and does not represent the result of a reasonable endeavor by the parties to estimate a fair average compensation for any loss that the lender may sustain from the debtor's failure to pay in a timely manner.
Deem the matter to be an adversary proceeding for procedural purposes and discuss with parties how much time they will require, if any, for discovery before they will be ready for an evidentiary hearing.
Final Ruling for May 29, 2019:
Court entered order on May 30, 2019 deeming objection to be an adversary proceeding for procedural purposes and setting status conference for August 27, 2019 at 2:00 pm. and a discovery cutoff of August 31, 2019 and directing parties to file joint status report by August 13, 2019.
Tentative Ruling for August 27, 2019:
Extend discovery cutoff to late December 2019. Continue status conference to approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Movant(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
2:00 PM
Docket 189
8/22/19 - Lemuel Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 8/27/19 @ 2pm
Hearing required.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
2:00 PM
fr. 3-14-18, 6-13-18, 8-1-18, 10-2-18, 12-12-18, 2-6-19, 2-27-19, 4-17-19,
5-29-19
Docket 1
8/22/19 - Lemuel Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 8/27/19 @ 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:
2:00 PM
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 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.
Tentative Ruling for February 6, 2019:
Discuss with parties whether it would be better for the court to appoint a chapter 11 trustee or to convert the case to chapter 7. Hearing required.
Tentative Ruling for April 17, 2019:
If court approves disclosure statement, set plan confirmation schedule.
Tentative Ruling for May 29, 2019:
At hearing held April 19, 2019, Court conditionally approved disclosure
2:00 PM
statement and directed debtor to file final version of plan and disclosure statement and lodge order approving disclosure statement by April 30, 2019. Docket does not reflect the filing of an amended plan or disclosure statement. Why not?
Hearing required.
6/3/2019 -- Court approved fourth amended disclosure statement and set status conference on confirmation process for August 27, 2019 at 2:00 p.m.
Tentative Ruling for August 27, 2019:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
10:00 AM
Docket 24
NONE LISTED -
Vacate OSC. Trustee is investigating the prospect that there are undisclosed assets of the estate and it appears that the interests of creditors would be better served by permitting this case to remain in bankruptcy. Appearances waived. Court will prepare order.
Debtor(s):
Eduardo Castaneda Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
10:00 AM
Docket 161
8/21/19 - Brandon Iskander, (949)340-3400 has been approved for telephonic appearance on 8/28/19 @ 10am
Grant motion. Sustain objection to wildcard exemption, as debtor has not signed written waiver and obtained signed waiver from husband of the ability to claim the alternate set of exemptions.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
10:00 AM
Docket 365
NONE LISTED -
At the August 15 confirmation hearing, the debtor did not make any mention of any defenses that it might have (or offsets) to the payment of rents due Merrill. The opposition was filed late and does not contain any evidence from which the court can determine why there is any disagreement between the parties as to whether the debtor has paid the July or August 2019 rent. What, if anything, has changed since the motion was filed? Did the movant ever receive the July or the August rent? (Court assumes that June rent must have been paid, as it is not mentioned as being unpaid in the motion. Is this correct?)
Lessor is correct that existence of security deposit does not obviate the obligation to pay the last month's rent. Presumably, if there are no damages to the premises or existing defaults, the security deposit will be refunded after the tenant vacates.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Outside the Ordinary Course of Business, Free and Clear of Clims, Liens, Encumbrances and Intersts;
For Turnover and Authorization for the U.S. Marshal to Enforce Turnover Order
Approving the Form and Manner of Notice and Bid Process
Docket 230
NONE LISTED -
Why is the proposed deposit for prospective overbidders this large? Wouldn't a 10 percent deposit be sufficient. (Proposed purchasers have only deposited $22,420.)
Hearing required.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
10:00 AM
Docket 49
NONE LISTED -
Grant motion. Waive appearances. Applicant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
10:00 AM
Docket 29
8/26/19 - Kelly Sweeney, (805)777-1175, has been approved for telephonic appearance on 8/28/19 @ 10am
8/26/19 - Hayk Grigoryan, (323)350-0942, has been approved for telephonic apeparance on 8/28/19 @ 10am
Grant motion. Convert case to chapter 7.
Debtor(s):
Prime Realty Management LLC Represented By Hayk Grigoryan
10:00 AM
Docket 1
8/26/19 - Kelly Sweeney, (805)777-1175, has been approved for telephonic appearance on 8/28/19 @ 10am
8/26/19 - Hayk Grigoryan, (323)350-0942, has been approved for telephonic apeparance on 8/28/19 @ 10am
Take status conference off calendar due to conversion of case.
Debtor(s):
Prime Realty Management LLC Represented By Hayk Grigoryan
10:00 AM
Docket 35
NONE LISTED -
Grant motion. Approve compromise.
Debtor(s):
Janice Doreen Dickinson Represented By Jeffrey N Wishman
Trustee(s):
Howard M Ehrenberg (TR) Represented By
Howard M Ehrenberg (TR) Corey R Weber
11:00 AM
fr. 2-15-17, 8-30-17, 2-28-18, 6-13-18, 12-12-18, 4-17-19
Docket 1
8/26/19 - Krikor Meshefejian, (310)229-1234 has been approved for telephonic appearance on 8/28/19 @ 11am
Final Ruling for April 17, 2019:
Court has reviewed reorganized debtor's status report. Continue case status conference to August 28, 2019 at 11:00 a.m. Reorganized debtor should file updated status report accompanied by declaration not later than August 16, 2019. APPEARANCES WAIVED ON APRIL 17, 2019.
Tentative Ruling for August 28, 2019:
Has the debtor now paid the July and August 2019 payments? If not, when will these payments be made? Hearing required.
Debtor(s):
Hansen Freightlines Incorporated Represented By
David L. Neale Krikor J Meshefejian
11:00 AM
Docket 1
NONE LISTED -
Has debtor now obtained replacement financing and paid off Civic's claim in full? When does debtor anticipate filing motion to dismiss? Hearing required.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
11:00 AM
Docket 1
- NONE LISTED -
How has the debtor been doing with regard to meeting its projections? Are quotes converting to orders at the rate the debtor had anticipated? Has debtor succeeded in operating in accordance with its cash collateral budget or have there been significant variances? If so, in what areas?
Hearing required.
6/6/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- August 28, 2019 at 11:00 a.m. L/D to file updated status report -- August 16, 2019
L/D to serve notice of bar date -- June 7, 2019 Bar date -- August 9, 2019
OFF CALENDAR. ADVANCED TO AUGUST 27, 2019 AT 10:30 A.M.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub
11:00 AM
fr. 6-19-19, 7-31-19
Docket 210
- NONE LISTED -
Tentative Ruling for June 19, 2019:
When and how did movant learn of the granting of the extension motion and the disallowance of its unsecured claim? (The order eliminating the requirement that payments be made on the unsecured claim was entered on May 8, 2018.) Why did the movant wait until now to bring this motion?
Was the debtor attempting to mail payments for the unsecured portion of the claim to an address different from the address being used for the unsecured portion of the claim? If so, why?
Hearing required.
Final Ruling for June 19, 2019:
Grant in part and continue in part. Grant motion insofar as lender is requesting payment of unpaid balance of unsecured portion of claim, which had been allowed at $7,498.17 (before payments). There is currently a dispute as to whether debtor is current on the secured portion of the claim and how much debtor has paid toward unsecured portion. Debtor calculates that she has paid $2,773.17 and that the remaining balance due is $4,725.
11:00 AM
Lender did not know how much had been paid. Continue hearing to July 31, 2019 at 10:00 a.m. Debtor should file and serve by July 3, 2019 declaration with backup showing what payments she has made on the secured claim and what payments she has paid on account of the unsecured portion of the claim. Lender should file and serve by July 15, 2019 a declaration from client under penalty of perjury with backup setting forth (1) payments received on account of secured claim; (2) payments received on account of unsecured claim; and (3) if lender is attempting to collect any attorneys' fees or any other costs, a declaration from the attorney whose fees they are with a copy of the fee statement explaining what the charges are for.
Tentative Ruling for August 28, 2019:
See tentative ruling for matter no. 104.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
11:00 AM
Docket 206
- NONE LISTED -
Final Ruling from June 19, 2019:
Continue hearing to July 31, 2019 at 10:00 a.m. Court needs to ascertain whether debtor is current on payments on secured claim and how much more is due on the unsecured portion of creditor's claim.
Tentative Ruling for July 31, 2019:
Debtor now reports that she is current with regard to the secured claim, with the exception of $336.80 due from the June 2019 payment and $2,765 due from the July 2019 payment (for total past due payments of $3,101.80) and that, with regard to the unsecured portion of the claim, she has paid a total of
$2,573.17, leaving an unpaid balance for the claim of $4,925. (This payment total includes two payments of $400 each that debtor intended for the unsecured portion of the claim, but asserts that lender applied against secured portion.) It does not include two payments of $400 that were returned to the debtor based on an invalid address.
Overrule evidentiary objections. Lender asserts that debtor should not get double credit, treating the payments that she intended to be applied to the unsecured claim as having been paid on account of both the unsecured and the secured claims, but a review of the debtor's chart of payments on account of the secured claims does not reflect these two misdirected $400 payments.
With regard to the debtor's failure to file the document in a timely manner,
11:00 AM
court is prepared to give the lender additional time to respond if the debtor's belated filing deprived the lender of the time that it needed to do the required research.
Lender claims that the debtor is currently past due for the months of May through July 2019 on the secured claim, for a total of 3x $2,765, less
$1,631.33 held in suspense, for a balance of $6,663.67. Lender claims that there is a total due with regard to the unsecured claim of $4,925.01. As this is a penny off from the debtor's calculations, there does not appear to be a meaningful dispute with regard to the unsecured claim.
Debtor needs to supply the separate dollar amounts and check numbers of each partial payment when she made more than one payment in a given month so that the lender can attempt to track these payments. Lender should annotate debtor's schedule to reflect where there are differences. Court will not do the comparison for the parties. Once debtor supplies the missing information, lender will need to identify for the court which of the payments identified by the debtor it denies receiving and which payment amounts it contends are wrong (by annotation on the debtor's chart) so that the court can determine what the actual issues to be resolved are and where additional evidence may be required. Also, the court needs additional information as to the basis for each party's contentions as to the appropriate payment amounts. Do these numbers come from the plan? Does the plan establish a fixed payment amount or a variable interest rate? Were notices sent to the debtor when there were increases?
Hearing required.
Final Ruling from July 31, 2019:
Continue hearing to 11:00 a.m. on August 28, 2019. By August 1, debtor will file an updated chart that has totals on the bottom. For months in which debtor made more than one payment, debtor should breakout the amount of each payment and provide check numbers (if payments were made by check). By August 21, 2019, Lender should file and serve its response.
Lender should annotate the debtor's chart, identify any payments that it did ot receive, update its calculations and be able to reconcile amounts shown on its
11:00 AM
online system. Court disallowed request for attorneys' fees, as claim is undersecured, but will permit reimbursement for advances for insurance and taxes, if there are any. (Debtor handed lender's counsel check for $492.50 as a payment toward the unsecured claim for the second quarter of 2019.
Debtor will make payments from this point forward on the unsecured claim in amounts at least equal to the payments contemplated by the plan at least quarterly.
Tentative Ruling for August 28, 2019:
In Suarez declaration, lender contends that there are three post-confirmation monthly mortgage payments due, but lender identifies these payments as being for the months of June 2019 through July 2019, which is two months. Later in the attachments, it appears that August 2019 is the missing third month. Is this correct?
At prior hearing, it appeared that there were no remaining disputes as to the amounts paid on account of the unsecured claim. With regard to the secured portion of the claim, the parties agreed that the basis of the disagreement between them was the uncertainty (and difficulties in calculation) arising from the changes in the payments due for the escrow account and any advances made by the lender for real estate taxes and insurance.
Debtor's calculation showed a payment of $1,000 on August 6, 2019. Lender had not received this payment as of the time it filed its latest round of declarations. Has this payment shown up? If not, was this amount deducted from the debtor's bank account?
Debtor acknowledged that there was a $2,200 payment that was returned to the debtor. Was this still included in the debtor's calculations?
In a number of instances, the lender has reported that the amount of a payment reflected on the debtor's chart is overstated by a few dollars (for example, $15 on January 7, 2016; $6.40 on February 10, 2016 and $26.44 on June 14, 2016). Does debtor have bank statements or other evidence to support her contentions with regard to the amount of these payments?
11:00 AM
With the exception of the missing $1,000 payment and the discrepancies identified in the preceding paragraph, does the debtor disagree with the lender's calculations in any respect?
Hearing required.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
Movant(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
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,
9-26-18, 3-20-19, 5-1-19, 6-19-19, 7-31-19
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:
11:00 AM
Continue hearing to June 15, 2016 at 11:00 a.m. Reorganized debtor should 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:
11:00 AM
According to coversheet to status report, payments to BNY Mellon and 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.
Tentative Ruling for March 20, 2019:
Court previously disallowed the unsecured portion of secured creditors' claims due to their failure to provide correct mailing address information, but their secured claims remain as liens against the debtor's property. Does the debtor agree with the information contained in secure creditors' notice regarding failure to make post-petition plan payments on their secured claims?
Hearing required.
Tentative Ruling for May 1, 2019:
Debtor filed a motion for a final decree on negative notice on April 16, 2019. Continue hearing to June 19, 2019 at 11:00 a.m. to give the court an
11:00 AM
opportunity to process motion for final decree. Appearances waived on May 1, 2019. (Once notice period for motion has passed, debtor should file a declaration attesting to the fact that she hasn't received any oppositions, if this is the case, and asking that the Court issue a final decree. If anyone files an opposition to the motion, debtor should notice a hearing on the opposition to her motion.)
Tentative Ruling for August 28, 2019:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
10:00 AM
Associated Third Party Administrators(ATPA) 2:16-23679SK
2:17-AP-01369SK
2:17-AP-01456SK
fr. 5-23-19
Docket 0
- NONE LISTED -
Take appearances on the record in courtroom and then invite parties to chambers for mediation.
Debtor(s):
Associated Third Party Represented By Ron Bender Lindsey L Smith
Jacqueline L James Eve H Karasik Todd M Arnold Edward M Fox Jeffrey S Kwong Richard W Esterkin Kurt Ramlo
Danning Gill Diamond & Kollitz LLP
Trustee(s):
Richard K Diamond (TR) Represented By Aaron E de Leest
10:00 AM
Howard Kollitz Sonia Singh
Danning Gill Diamond & Kollitz LLP Walter K Oetzell
Zev Shechtman Jerrold L Bregman Jason B Komorsky Susan K Seflin
Brutzkus Gubner Rozansky Seror Weber LLP
10:00 AM
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 15
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jose A Hernandez Represented By John B Holtz
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: KRIS ANN DONALD
Docket 11
- NONE LISTED -
Grant motion. Prior case was dismissed due to debtor's failure to take prepetition credit counseling. Enter order imposing automatic stay as to all creditors.
Debtor(s):
Kris Ann Donald Pro Se
Movant(s):
Kris Ann Donald Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: 2444 HOLLY DR. LLC.
Docket 5
- NONE LISTED -
OFF CALENDAR. This motion has already been denied. This is not the debtor's second case. The automatic stay came into effect automatically when case was filed. There is no need for this motion.
Debtor(s):
2444 Holly Dr LLC Pro Se
Movant(s):
2444 Holly Dr LLC Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 14
- NONE LISTED -
Motions for relief from stay, including motions seeking in rem relief under section 362(d)(4), must be brought on court's mandatory form for this purpose.
Person who signed the petition has a typed name of "Anne Khagi," but the last name of the handwritten signature appears to be Kihagi, and the petition discloses that there was a filing by a related entity named, Jambax 2 LLC, which was an entity owned or controlled by Ms. Kihagi.
The real property owned by this debtor was not one of the properties that was to be turned over to the receiver, as the property is located in Los Angeles and not San Francisco. Thus, it does not appear that this bankruptcy was filed to evade the administration of the receiver. A more appropriate remedy, therefore, based on the debtor's alleged bad faith and post-default transfer, appears to be granting relief from stay, but a motion seeking that relief has not been filed.
However, as the Court has already noted in its OSC, the debtor is a corporate entity (which includes an LLC) that is not represented by counsel and, pursuant to Local Bankruptcy Rule 9011-2(a), cannot appear without counsel. Grant motion to dismiss based on lack of counsel to represent corporate entity. Deny balance of relief requested without prejudice.
10:00 AM
Debtor(s):
VEPEL 6 LLC Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01210 Goodrich v. Hale et al
Docket 8
NONE LISTED -
8/20/19 -- Court approved stipulation continuing hearing to September 10, 2019 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 3, 2019.
Debtor(s):
Myron Hale Pro Se
Defendant(s):
Myron Hale Pro Se
Leslie Hale Represented By
David Brian Lally
Movant(s):
Leslie Hale Represented By
David Brian Lally
Plaintiff(s):
David M Goodrich Represented By Toan B Chung
Trustee(s):
David M Goodrich (TR) Represented By Toan B Chung
10:00 AM
Authorizing Sale of Real Property Free and Clear of Liens, Claims, and Interests Pursuant to 11 U.S.C. §§ 363(b) and (f);
Approving Overbid Procedures
Approving Buyer, Successful Bidder, and Back-up Bidder as Good-Faith Purchaser Pursuant to 11 U.S.C. § 363(m)
Authorizing Payment of Undisputed Liens, Real Estate Broker's Commissions and Other Ordinary Costs of Sale
Authorizing Payment of Administrative Claims
Docket 65
NONE LISTED -
Grant motion. Approve sale to highest bidder.
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Movant(s):
Wesley H Avery (TR) Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
10:00 AM
Docket 45
NONE LISTED -
Grant motion. Approve compromise. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Movant(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
11:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Continue status conference approximately 3 months.
3/4/19 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- March 6, 2019
Bar date -- May 10, 2019
Cont'd status conference -- June 5, 2019 at 11:00 a.m. L/D to file updated status report -- May 24, 2019.
Tentative Ruling for June 5, 2019:
How are the prospects for finding a long term tenant for the property? Has anyone expressed interest in possibly renting the property?
Set deadline of approximately four months for the debtor to file a plan of reorganization. If debtor still has not found a long term tenant by then, it may be time for the debtor to re-evaluate its reorganization strategy.
6/10/19 -- Court approved scheduling order with following dates: Cont'd status conference -- September 4, 2019 at 11:00 a.m.
L/D to file updated status report -- August 23, 2019
L/D to file plan and disclosure statement (or case will be converted to chapter 7) -- October 9, 2019
11:00 AM
Tentative Ruling for September 4, 2019:
Continue case status conference to October 10, 2019 at 10:00 a.m. Court will convert case to chapter 7 at that time if debtor has not either filed a plan of reorganization and a disclosure statement or a motion for authority to sell the property to a specific buyer by October 9, 2019.
Waive appearances on September 4, 2019.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
2:00 PM
Docket 208
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Herzl Ben Marome Represented By Shai S Oved
Leslie Richards - SUSPENDED BK -
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut Sevan Gorginian Aram Ordubegian
Christopher K.S. Wong
2:00 PM
Docket 72
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Joan M. Wiederholt Represented By Keith Q Nguyen
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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):
Rosa Mary Robinson Represented By Leon D Bayer
Trustee(s):
Heide Kurtz (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):
Joaquin Cervantes Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Tania Janeth Cervantes Represented By Jaime A Cuevas Jr.
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
fr. 7-17-19
Docket 190
8/27/19 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 9/4/19 @ 2pm
7/15/19 -- Court approved stipulation continuing hearing to September 4, 2019. OFF CALENDAR FOR JULY 17, 2019.
Tentative Ruling for September 4, 2019:
What is applicant's response to the allegations made by debtor in his opposition to the fee application? Hearing required.
8/29/19 -- Court granted the emergency motion of yet another proposed counsel for the debtor in possession (for whom an employment application has not yet been filed) to continue the hearing, but, rather than the date suggested by counsel, the court will continue the hearing to September 11, 2019 at 2:00 p.m. to coincide with other hearings in this chapter 11 case.
OFF CALENDAR FOR SEPTEMBER 4, 2019.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
Movant(s):
Joon M Khang Represented By
2:00 PM
Joon M Khang
2:00 PM
[Fees requested: $35077.75, Expenses: $302.41]
Docket 223
NONE LISTED -
NONE LISTED -
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
Movant(s):
Joon M Khang Represented By Joon M Khang
2:00 PM
Docket 78
NONE LISTED -
Reductions requested by the debtor are excessive. Charge of .5 for an email to debtor on May 16, 2019 that was never transmitted to the debtor should be deducted ($297.50). Counsel's alleged failure to file a motion to avoid a lien for $4,951 is not a basis to reduce counsel's fees by this amount. Counsel did not charge for the preparation of a motion to avoid this lien and there is no reason for the court to conclude that such a motion could not have been brought at a future date. (Counsel did not overlook a deadline for the filing of this motion.)
Debtor also contends that fees for services rendered in April and May should be disallowed. Why? The case was dismissed because, for other reasons, the debtor still had not taken the bar, still had no source of income and still had not commenced an action against his former employer which (other than the briefcase given to him by his parents) appeared to be debtor's only valuable asset. How would counsel have filed a plan on these facts? What would that plan have said? How would it have been feasible?
The services in April relate to preparation of an application to employ special litigation counsel, preparation/review of a March 2019 MOR, drafting a chapter 11 status report required by the Court, and communications with Scott Whitman about distrubtions from a trust. The services in May relate to attendance at the case status conference, correspondence re the payment of UST quarterly fees, communications with special litigation counsel re strategy, communications concerning distributions from the Wilson Trust and the April MOR, and preparation and revision of the motion to withdraw. The issue is
2:00 PM
whether these services were actually and necessarily incurred and nothing contained in the opposition has any bearing on this issue.
Reduce requested fees by $297 and an additional $1,500 due to excessive amount of time spent drafting, discussing, reviewing, etc. motion to withdraw. Overrule the balance of the objections and approve the remaining fees.
Debtor(s):
Andrew Stephen Hennigan Represented By Nina Z Javan
Movant(s):
Weintraub & Selth APC Represented By
Crystle Jane Lindsey
10:00 AM
Docket 13
NONE LISTED -
Grant motion. Dismiss case pursuant to section 707(b)(2). Once the appropriate corrections are made to the debtor's means test form, there is a presumption of abuse, as the debtor will have at least $50,783.40 in disposable income over 60 months, and this presumption has not been rebutted.
Debtor(s):
Ruben A. Menchaca Represented By Alon Darvish
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 20
NONE LISTED -
Grant motion. Dismiss case pursuant to section 707(b)(2). Once the appropriate corrections are made to the debtors' means test form, there is a presumption of abuse, as debtors will have at least $50,783.40 in disposable income over 60 months, and the debtors' attempt to rebut this presumption fails as the debtors have not established "special circumstances." (Debtors claimed that husband had received a bonus in January of 2019 that he would not receive in the future due to his change of assigned region, but US Trustee's calculations are based on paystubs from April through July of 2019 and therefore do not include this bonus.)
Debtor(s):
Scott Douglas Osborne Represented By Richard G Heston
Joint Debtor(s):
Amanda Helen Osborne Represented By Richard G Heston
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: PORSCHE LEASING, LTD.
Docket 122
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Porsche Financial Services, Inc. dba Represented By
Stacey A Miller
Porsche Leasing Ltd. Represented By Stacey A Miller
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
MOVANT: RUSHMORE LOAN MANAGEMENT SERVICES
fr. 8/7/19
Docket 13
NONE LISTED -
8/5/19 -- Court approved stipulation continuing hearing to September 10, 2019 at 10:00 a.m. OFF CALENDAR FOR AUGUST 7, 2019.
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):
Shaughn Nicholas Reid Represented By Darren G Smith
Movant(s):
Rushmore Loan Management Represented By
Erin M McCartney
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jorge Deras Alfaro Represented By Jasmine Firooz
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: MILL CITY MORTGAGE LOAN TRUST 2017-1, WILMINGTON SAVINGS FUND SOCIETY, DBA CHRISTIANA TRUST AS TRUSTEE
Docket 13
9/3/19 - Daniel Fujimoto, (949)480-1601, has been approved for telephonic appearance on 9/10/19 @ 10am.
Court is confused. If movant is willing to enter into a loan modification with debtor, it will do so (and may want relief from stay to do so in any event). If movant is unwilling to enter into a loan modification, deferring the grant of relief from stay will not result in a loan modification. Debtor suggests, in the alternative, an adequate protection order, but does not offer any adequate protection. Is debtor proposing to make payments to movant during the 60- day period?
Hearing required.
Debtor(s):
Rickey Trenell Jackson Jr Represented By Brian J Soo-Hoo
Movant(s):
Mill City Mortgage Loan Trust 2017 Represented By
Daniel K Fujimoto Caren J Castle
10:00 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 9
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jose A Carranza Represented By
Nicholas Nicholas Wajda
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 12
8/29/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 9/10/19 @ 10am
Grant with waiver of Rule 4001(a)(3) and annulment.
Debtor(s):
Rosine Isip Represented By
Eliza Ghanooni
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
[OST]
Docket 3
9/9/19 - Ariella Simonds, (310)407-4039, has been approved for telephonic appearance on 9/10/19 @ 10:30am
Grant in part and deny in part. Court will set a date for a continued hearing now. Debtor should serve notice of 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):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
10:30 AM
Pay Pre-Petition Priority Wages
Honor Paid Time Off Obligations
[OST]
Docket 4
9/9/19 - Ariella Simonds, (310)407-4039, has been approved for telephonic appearance on 9/10/19 @ 10:30am
Authorize debtor to pay prepetition wages and honor prepetition benefits up to an aggregate of priority amount per employee, excluding insiders.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
10:30 AM
[OST]
Docket 5
9/9/19 - Ariella Simonds, (310)407-4039, has been approved for telephonic appearance on 9/10/19 @ 10:30am
Grant.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
2:00 PM
Adv#: 2:19-01060 Darnell v. Sanchez
fr. 5-7-19
Docket 1
9/3/19 - George Paukert, (310)850-0231, has been approved for telephonic appearance on 9/10/19 @ 2pm.
Continue status conference for approximately 90 days. Order parties to complete a day of mediation prior to the date of the continued status conference.
5/22/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- September 10, 2019 at 2:00 p.m.
L/D to file updated status report -- September 3, 2019 L/D to lodge order appointing mediators -- May 24, 2019 L/D to complete mediation -- September 10, 2019
5/29/19 -- Court approved order appointing mediators.
Tentative Ruling for September 10, 2019:
Set discovery cutoff for late December, 2019 or early January, 2020. Continue status conference to approximately same time frame.
Debtor(s):
Judith Anne Sanchez Represented By
2:00 PM
George J Paukert
Defendant(s):
Judith Anne Sanchez Represented By George J Paukert
Plaintiff(s):
Alma Darnell Represented By Kathy McCormick
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:19-01062 Gonzalez v. Sanchez et al
Sanchez fr. 5-7-19
Docket 1
9/3/19 - George Paukert, (310)850-0231, has been approved for telephonic appearance on 9/10/19 @ 2pm.
Discuss with parties what issues remain unresolved now that property has been transferred back to debtor and her husband. Should this matter proceed to mediation with the related action? Hearing required.
5/10/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- September 10, 2019 at 2:00 p.m.
L/D to file updated status report -- September 3, 2019 L/D to lodge order appointing mediators -- May 24, 2019 L/D to complete mediation -- September 10, 2019
Tentative Ruling for September 10, 2019:
Set discovery cutoff for late December, 2019 or early January, 2020. Continue status conference to approximately same time frame. Is either party currently contemplating filing any pretrial motions?
Debtor(s):
Judith Anne Sanchez Represented By George J Paukert
2:00 PM
Defendant(s):
Bobbio Sanchez Represented By George J Paukert
Lance B. Sanchez Represented By George J Paukert
Plaintiff(s):
Rosendo Gonzalez Represented By Carolyn A Dye
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:19-01209 First National Bank Of Omaha v. Raulston
Docket 1
NONE LISTED -
8/26/19 -- Court approved stipulation resolving adversary proceeding. Stipulated judgment to follow.
OFF CALENDAR. COURT HAS ENTERED STIPULATED JUDGMENT.
Debtor(s):
David Allen Raulston Represented By
Raj T Wadhwani
Defendant(s):
David Allen Raulston Pro Se
Plaintiff(s):
First National Bank Of Omaha Represented By Cory J Rooney
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01307 NG DIP LIQUIDATING TRUST v. City of Los Angeles
fr. 11-27-18, 2-12-19, 5-14-19, 6-18-19, 7-30-19
Docket 1
NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
2/15/19 -- Court entered scheduling order with following dates: Cont'd status conference -- May 14, 2019 at 2:00 pm
L/D to file joint status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
22519 -- Court approved order appointing mediators.
4/30/19 -- Court approved stipulation continuing hearing to June 18, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 14, 2019.
6/3/19 -- Court approved stipulation continuing hearing to July 30, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
7/17/19 -- Court approved stipulation continuing hearing to September 10, 2019 at 2:00 p.m. OFF CALENDAR FOR JULY 30, 2019.
8/26/19 -- Court approved stipulation continuing hearing to November 12, 2019 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 10, 2019.
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
Plaintiff(s):
NG DIP LIQUIDATING TRUST Represented By
Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:19-01235 Albertini v. Ashbee et al
Docket 4
9/3/19 - Ronald Richards, (310)556-1001, has been approved for telephonic appearance on 9/10/19 @ 2pm
Opposition was not served on judge as is required by local rules and court manual. (There is no attached proof of service.)
Grant motion without leave to amend. Complaint was untimely. Plaintiff had notice of bankruptcy case in time to file complaint by July 22, 2019 deadline, but failed to do so. Plaintiff may have filed a copy of the complaint on the docket in the main case (improperly using someone else's CM/ECF login information), but plaintiff did not pay the filing fee for a new complaint and did not open a new adversary proceeding.
Court agrees further that complaint does not state a claim for relief. There are no operative facts alleged, merely conclusory allegations. Complaint is captioned as, and paragraph 3 describes the complaint to be, an objection to the debtor's discharge, yet there is no substance whatsoever to any claim that debtor's discharge should be barred under section 727. Plaintiff does not even specify which subsection of section 727 he is invoking. A defendant reading this complaint would have no idea whatsoever whether the plaintiff actually intended to object to his discharge and, if so, on what ground.
With regard to the 523(a)(2) claim, fraud should be pleaded with particularity. There is no particularity here. Nor is there any explanation of what money or property the debtor obtained through the alleged fraud or false pretenses.
Even if the court were inclined to permit the late-filed complaint to relate back to the date of filing of the document in the main case, there was not enough in the original filing to preserve any claims.
2:00 PM
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
Defendant(s):
Richard L. Ashbee Represented By Ronald N Richards
Diane Ashbee Represented By Ronald N Richards
Does 1 through 25, inclusive, Pro Se
Movant(s):
Richard L. Ashbee Represented By Ronald N Richards
Diane Ashbee Represented By Ronald N Richards
Plaintiff(s):
Dante Albertini Represented By Minh Hieu Luong
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01174 Amgine Aerospace Corporation v. Avakian
Docket 10
NONE LISTED -
9/5/19 -- Court continued hearing on motion to dismiss to date and time of status conference -- December 3, 2019 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 10, 2019.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D. Resnik
Movant(s):
Sergik Avakian Represented By Matthew D. Resnik
Plaintiff(s):
Amgine Aerospace Corporation Represented By
R. Jeffrey Neer
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Docket 54
NONE LISTED -
Deny.
Debtor(s):
Myron Hale Pro Se
Movant(s):
Myron Hale Pro Se
Trustee(s):
David M Goodrich (TR) Represented By Toan B Chung
2:00 PM
Adv#: 2:19-01210 Goodrich v. Hale et al
fr. 9-3-19
Docket 8
9/3/19 - David Lally, (949)500-7409, has been approved for telephonic appearance on 9/10/19 @ 2pm
8/20/19 -- Court approved stipulation continuing hearing to September 10, 2019 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 3, 2019.
Tentative Ruling for September 10, 2019:
Grant. This court cannot probate an estate. This is not merely a matter related to a probate estate -- it is the administration of the probate estate. Trustee stands in the debtor's shoes and is therefore an heir. Debtor's undisclosed interest is an asset of this bankruptcy estate. Trustee can appear and be heard in the probate matter in state court. He can also commence an action under section 363(h) if it is determined in the state court action that the debtor (and therefore his bankruptcy estate) has an ownership interest in the underlying real property.
Debtor(s):
Myron Hale Pro Se
Defendant(s):
Myron Hale Pro Se
Leslie Hale Represented By
2:00 PM
Movant(s):
David Brian Lally
Leslie Hale Represented By
David Brian Lally
Plaintiff(s):
David M Goodrich Represented By Toan B Chung
Trustee(s):
David M Goodrich (TR) Represented By Toan B Chung
2:00 PM
Adv#: 2:19-01210 Goodrich v. Hale et al
Docket 1
9/3/19 - David Lally, (949)500-7409, has been approved for telephonic appearance on 9/10/19 @
Take status conference off calendar due to remand of action.
Debtor(s):
Myron Hale Pro Se
Defendant(s):
Myron Hale Pro Se
Leslie Hale Represented By
David Brian Lally
Plaintiff(s):
David M Goodrich Represented By Toan B Chung
Trustee(s):
David M Goodrich (TR) Represented By Toan B Chung
10:00 AM
Docket 12
NONE LISTED -
ON CALENDAR IN ERROR. (Debtor is represented by counsel, who signed the agreement and checked the appropriate box.) OFF CALENDAR.
Debtor(s):
Maela A Ascencio Represented By Raymond Perez
Movant(s):
TOYOTA MOTOR CREDIT Represented By John Rafferty
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 13
NONE LISTED -
Vacate OSC as moot. Case has already been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
2444 Holly Dr LLC Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 7
9/6/19 - Amelia Guisinger, (310)640-3070, has been approved for telephonic appearance on 9/11/19 @ 10am
Vacate OSC. Debtor has now retained counsel. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
VEPEL 6 LLC Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 35
NONE LISTED -
OFF CALENDAR. COURT ADVANCE DATE OF HEARING ON MOTION AND MOTION HAS ALREADY BEEN HEARD AND RESOLVED.
Debtor(s):
Janice Doreen Dickinson Represented By Jeffrey N Wishman
Trustee(s):
Howard M Ehrenberg (TR) Represented By
Howard M Ehrenberg (TR) Corey R Weber
11:00 AM
Schulman & Rabkin, LLP's Client Trust Account fr. 7-17-19
Docket 446
NONE LISTED -
Tentative Ruling for July 17, 2019:
In its most recent order on the subject, its August 31, 2018 order granting UA's motion to release excess funds [docket no. 430], the court ordered that the remaining funds be held in WRSSR's client trust account "pending the resolution of the lien priority dispute between Buchalter Nemer, APC and Ulimate Action, LLC that is the subject of that certain lawsuit captioned "
The order did not say that the funds should be held until the lawsuit was resolved. The funds were to be held until the dispute was resolved.
Therefore, the question remains, has this lien priority dispute been resolved? Movant claims that it is now too late, either due to the statute of limitations or to res judicata, for Buchalter to assert a lien claim against these funds. That may be the case, but no court has yet held and this Court is not inclined to adjudicate the issue, for the reasons that have been previously discussed.
Buchalter has brought in state court, however belatedly, an application to compel arbitration of this issue. There is a hearing set on that application for August 16, 2019. If movant is correct that Buchalter is now barred from asserting a lien against the funds on deposit, Buchalter's application to compel arbitration of this issue should be denied. If the state court is inclined to permit another arbitration of this issue to go forward, it would appear that this lien dispute is not yet resolved.
11:00 AM
Accordingly, continue this hearing to a date that is convenient for the court and the parties after August 16, 2019 and, in the interim, permit WRSSR to disburse to UA any amounts that it is currently holding in excess of the arbitration award of $566,866.37.
Final Ruling for July 17, 2019 (see order entered July 29, 2019):
Court entered interim order directing the release to Ultimate Action of any money held by Wolf firm in excess of $566,866.37 without prejudice to any liens that may exist as against such funds. Court continued hearing to September 11, 2019 at 11:00 a.m. Supplemental papers will be due August 28, 2019. Replies to those papers will be due September 4, 2019.
Tentative Ruling for September 11, 2019:
What happened with regard to Buchalter's application to compel arbitration in state court on September 10, 2019?
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 O'Dea
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, 10-17-18, 2-6-19, 8-7-19
Docket 1
9/4/19 - Christopher Crowell, (818)917-3126, has been approved for telephonic appearance on 9/11/19 @ 11am.
9/10/19 - Robert Marticello, (714)445-1023, has been approved for telephonic appearance on 9/11/19 @ 11am
9/10/19 - Victor Vilaplana, (858)847-6820, has been approved for telephonic appearance on 9/11/19 @ 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:
11:00 AM
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 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
11:00 AM
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 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:
11:00 AM
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.
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.
Tentative Ruling for February 6, 2019:
Court has reviewed the trustee's status report and updated status report. Discuss with the parties' Mr. Hudson's decision to move the Pico location less than a mile away to a different location on La Brea.
Tentative Ruling for August 7, 2019:
11:00 AM
Has Hudson made the second Shortfall Payment yet ($975,000)? If not, continue status conference until shortly after deadline for cure of this default (August 10, 2019) to see whether default is cured.
What is the status of the dispute with regard to the La Brea Restaurant? The occurrence of another restricted transaction without the trustee's consent constitutes yet another event of default under the plan. (NOTE: There is no meaningful distinction between closing the Pico location and driving it out of business, forcing it to close as unprofitable, by opening a new location less than a mile away on La Brea. No businessperson who was actually attempting to operate the Pico location profitably or to fulfill his obligations under the plan in good faith would do this.)
Hearing required.
Tentative Ruling for September 11, 2019:
Court has reviewed the plan trustee's status report. Continue case status conference to December 11, 2019 at 11:00 a.m. Plan trustee should file and serve updated status report not later than December 2, 2019.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford
Brian Weiss Represented By
Robert S Marticello
11:00 AM
Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
Docket 1
9/9/19 - Motion to Enter Discharge and Motion for Final Decree will be set for hearing on 10/2/19 @ 10am.
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:
11:00 AM
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.
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.
1/25/19 -- Court continued status conference to date of continued confirmation hearing. OFF CALENDAR FOR FEBRUARY 6, 2019.
Tentative Ruling for April 3, 2019:
Revisit status of case after conclusion of hearing on plan confirmation.
Tentative Ruling for September 11, 2019:
Continue case status conference to December 11, 2019 at 11:00 a.m. to give court an opportunity to process debtor's motion for entry of a final decree. If case has not been closed by then, reorganized debtor should file updated status report by December 2, 2019. APPEARANCES WAIVED ON SEPTEMBER 11, 2019.
11:00 AM
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
11:00 AM
MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY fr. 5-28-19, 6-5-19, 8-7-19
Docket 170
NONE LISTED -
Tentative Ruling for May 28, 2019:
This is a chapter 11 case. Therefore, even if there is no equity in the property, so long as the value of the property is not declining and the property is insured, adequately maintained, etc., the court will not grant relief "for cause" based on a lack of equity. The more relevant issue, therefore, is whether movant is entitled to relief under section 362(d)(2).
Debtor claims that this property is necessary to the plan that it has proposed because the debtor will be using the rents currently being generated by this property to partially fund the plan. That plan is currently set for a disclosure statement hearing at 2:00 p.m. on June 5, 2019. Court is not yet ready to conclude that the plan is unlikely to be confirmed within a reasonable period. (Court will make that determination in connection with its consideration of the debtor's disclosure statement, and any objections that the movant may interpose thereto.) Deny movant's motion without prejudice now or, if movant prefers and consents to an extension of the time limits set forth in section 362(e), continue hearing to date of hearing on debtor's disclosure statement.
Final Ruling for May 28, 2019:
11:00 AM
Continue hearing to June 5, 2019 at 2:00 p.m.
Tentative Ruling for June 5, 2019:
Revisit motion after conclusion of related matters on calendar.
7/29/19 -- Court approved stipulation continuing hearing to September 11, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 7, 2019.
8/7/19 -- Court approved stipulation for adequate protection, resolving motion. OFF CALENDAR FOR SEPTEMBER 11, 2019.
HEARING MOVED TO 2 PM CALENDAR. NO APPEARANCE REQUIRED AT 11:00 A.M.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey
11:00 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.
12/10/18 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- December 7, 2018
Bar date -- January 31, 2019
Cont'd status conference -- February 27, 2019 at 11 L/D to file updated status report -- February 8, 2019
Hearing on motion to employ real estate broker -- December 19, 2018 at 10
Tentative Ruling for February 27, 2019:
According to the debtor's status report, after entry of an order granting relief from stay to Beverly Loan Company, "the more valuable pieces [of jewelry] have been redeemed." How was this accomplished? What was the source of the funds used to redeem the jewelry and how much did this cost? How was this transaction structured?
Has debtor signed declaration in support of case status report? Now that court has signed order employing real estate broker, when does the debtor believe that she will be in a position to file a motion for approval of the sale?
Hearing required.
11:00 AM
4/10/19 -- Court entered order denying motion for relief from stay and directing US Trustee to appoint a chapter 11 trustee if debtor did not file either a motion to sell her real property or a motion for approval of refinancing by April 30, 2019. (If she does file such a motion, any party in interest that believes the motion is frivolous or otherwise lacking in merit may file and serve papers not later than May 6, 2019 explaining why it believes that the debtor should not be treated as having met the April 30, 2019 deadline and an ex parte application for appointment of a chapter 11 trustee, which the Court may resolve on the papers without further notice or opportunity for hearing.
Tentative Ruling for May 1, 2019:
Did debtor file either of the required motions by April 30, 2019? Hearing required.
Tentative Ruling for June 5, 2019:
Revisit status of case after conclusion of hearing on financing motion.
Tentative Ruling for September 11, 2019:
Debtor failed to close financing in a timely manner. Court denied request for an extension and appointed chapter 11 trustee.
What, if anything, has transpired since the trustee filed his status report on September 7, 2019?
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat
11:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Continue case status conference approximately 90 days.
6/10/19 -- Court signed scheduling order setting following dates:
Cont'd status conference -- September 11, 2019 at 11:00 a.m. L/D to serve notice of bar date -- June 14, 2019
Bar date -- August 16, 2019
L/D to file updated status report -- August 28, 2019
OFF CALENDAR. CASE HAS BEEN DISMISSED. NO APPEARANCE REQUIRED.
Debtor(s):
Richard Michael Cruz Pro Se
2:00 PM
MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY fr. 5-28-19, 6-5-19, 8-7-19
Docket 170
NONE LISTED -
Tentative Ruling for May 28, 2019:
This is a chapter 11 case. Therefore, even if there is no equity in the property, so long as the value of the property is not declining and the property is insured, adequately maintained, etc., the court will not grant relief "for cause" based on a lack of equity. The more relevant issue, therefore, is whether movant is entitled to relief under section 362(d)(2).
Debtor claims that this property is necessary to the plan that it has proposed because the debtor will be using the rents currently being generated by this property to partially fund the plan. That plan is currently set for a disclosure statement hearing at 2:00 p.m. on June 5, 2019. Court is not yet ready to conclude that the plan is unlikely to be confirmed within a reasonable period. (Court will make that determination in connection with its consideration of the debtor's disclosure statement, and any objections that the movant may interpose thereto.) Deny movant's motion without prejudice now or, if movant prefers and consents to an extension of the time limits set forth in section 362(e), continue hearing to date of hearing on debtor's disclosure statement.
Final Ruling for May 28, 2019:
2:00 PM
Continue hearing to June 5, 2019 at 2:00 p.m.
Tentative Ruling for June 5, 2019:
Revisit motion after conclusion of related matters on calendar.
7/29/19 -- Court approved stipulation continuing hearing to September 11, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 7, 2019.
Tentative Ruling for September 11, 2019:
Revisit motion after conclusion of related matters on calendar.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey
2:00 PM
Docket 153
9/3/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 9/11/19 @ 2pm.
7/3/19 -- At hearing held this date, court continued this hearing to September 11, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 7, 2019.
See tentative ruling for matter no. 203.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
2:00 PM
fr. 6-5-19, 8/17/19
Docket 151
NONE LISTED -
If Chase believes a higher interest rate is necessary to pay it a market rate of interest, that can be addressed as a confirmation issue. With regard to the value of the property, what does Chase believe the value is? Does Chase have an appraisal? Why has the debtor disregarded the broker's price opinion that he obtained in response to Chase's motion for relief from stay in favor of a figure that the debtor acknowledges was based solely on the debtor's estimate of value?
The Court has a number of problems with the current form of the plan and disclosure statement:
The debtor needs to file a plan and disclosure statement without using the forms. There are too many sections that are blank and inapplicable and it is confusing.
Plan needs a section about new value contribution if debtor plans to make one. Disclosure statement needs a discussion of the absolute priority rule and the fact that this plan violates it and cannot be confirmed over the objection of any class of unsecured creditors.
There should not be any unused classes (classes left blank) in the plan. The debtor should only create the classes that it needs and number those classes starting with the number 1, then 2, then 3, etc.
2:00 PM
The plan should include the treatment that the debtor proposes for each class of claims in the body of the plan and not in an attachment.
The plan needs an introduction/narrative about how the debtor plans to reorganize, the source of his income, monthly payments, etc.
It is unclear from the plan whether the debtor is promising a set percentage payout to unsecureds or whether he is agreeing to make a set payment amount that is estimated to pay 2 percent on account of unsecured claims. (The court prefers the latter as it is easier to determine whether or not the debtor is in compliance with the terms of the plan.)
Exhibits F and G don't belong in a plan or a disclosure statement. The plan should describe how the debtor intends to treat the claims. If the debtor plans to file a claim objection and the plan treatment may be affected by the outcome of that claim objection, the plan should articulate what will happen in the various different eventualities.
The court may have other comments/corrections that will be discussed on the record at the time of hearing on the disclosure statement.
7/3/19 -- At hearing held this date, court continued this hearing to September 11, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 7, 2019.
OFF CALENDAR. DEBTOR HAS NOW FILED AMENDED PLAN AND DISCLOSURE STATEMENT.
Debtor(s):
Samuel Michael Saber Represented By Joon M Khang
2:00 PM
Docket 205
9/9/19 - Randall Mroczynski, (714) 431-1026, has been approved for telephonic appearance on 9/11/19 @ 2pm.
Deny approval of disclosure statement. Plan is unconfirmable on its face and incomprehensible. Debtor should pick a treatment for its secured creditors that should make sense in light of the value of the property. With regard to the choice given to unsecured creditors, perhaps there is some kind of mistake in the plan? Why would anyone elect to receive 2 percent of their claim over 5 years instead of 5 percent of their claim over 2 years? The plan does not mention a new value contribution, yet the debtor plans to keep his equity. This violates the absolute priority rule.
There is insufficient financial information from which the court can determine whether or not the debtor is satisfying section 1125(a)(15), and the court will require the debtor to specify whether or not this section has been satisfied. If the debtor does not plan to contribute all of his projected disposable income for a period of five years to the payment of unsecured claims, the plan cannot be confirmed if any unsecured creditor objects to confirmation.
Executory contracts cannot be modified in a plan. The plan refers to extending the term of leases. If these are true leases (and not merely secured claims), this is not permissible. The debtor can either assume the leases or reject them. He cannot unilaterally change the lease terms.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
2:00 PM
2:00 PM
Docket 1
9/3/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 9/11/19 @ 2pm.
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.
2:00 PM
Final Ruling for November 7, 2018:
Continue status conference to February 6, 2019 at 11:00 a.m. Debtor should file and serve updated status report by January 25, 2019.
Tentative Ruling for February 6, 2019:
Debtor still has not filed plan and disclosure statement. Debtor should devise plan structure that will work no matter the outcome of the pending matters.
Set deadline for filing plan and disclosure statement for approximately 60 days. Continue case status conference to date that will coincide with date of hearing on disclosure statement.
2/12/19 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- April 22, 2019 Hearing on disclosure statement -- June 5, 2019 at 2:00 p.m. Cont'd case status conference -- June 5, 2019 at 2:00 p.m.
Tentative Ruling for June 5, 2019:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for July 3, 2019:
Replacement counsel asked court to conduct an earlier status conference. No new status report has been filed. What is the current status of this case and what issues did replacement counsel wish to bring to the court's attention?
7/12/19 -- Court approved scheduling order with following dates:
L/D to serve notice of bar date on omitted creditors -- July 5, 2019 Bar date for formerly omitted creditors -- August 12, 2019 Contined status conference -- September 11, 2019 at 2:00 pm
L/D to file amended plan and disclosure statement -- July 22, 2019
2:00 PM
Hearing on amended disclosure statement -- September 11, 2019 Requirement of filing updated status report waived for September 11 conference.
Tentative Ruling for September 11, 2019:
This case has now been pending for more than a year and debtor is on his third set of attorneys. The first amended plan and disclosure statement is unconfirmable and incomprehensible. Issue OSC re the appointment of a chapter 11 trustee and continue case status conference to date of hearing on OSC.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
2:00 PM
fr. 7-17-19, 9-4-19
Docket 190
8/27/19 - Joon Khang, (949)419-3834, has been approved for telephonic appearance on 9/4/19 @ 2pm
7/15/19 -- Court approved stipulation continuing hearing to September 4, 2019. OFF CALENDAR FOR JULY 17, 2019.
Tentative Ruling for September 4, 2019:
What is applicant's response to the allegations made by debtor in his opposition to the fee application? Hearing required.
8/29/19 -- Court granted the emergency motion of yet another proposed counsel for the debtor in possession (for whom an employment application has not yet been filed) to continue the hearing, but, rather than the date suggested by counsel, the court will continue the hearing to September 11, 2019 at 2:00 p.m. to coincide with other hearings in this chapter 11 case.
OFF CALENDAR FOR SEPTEMBER 4, 2019.
Tentative Ruling for September 11, 2019:
Overrule debtor's objections. Approve on a final basis fees of $35,077.75 and costs of $302.41. Allow these as chapter 11 expenses of administration. Defer question of whether to order payment of these fees now until after consideration of future of debtor's chapter 11 case.
2:00 PM
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
Movant(s):
Joon M Khang Represented By Joon M Khang
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.
NOTE: Reaffirmation Agreement requires debtor to cure arrearages in the amount of
$1,189 within 30 days of signing the agreement. Debtor signed on April 25, 2019. Did debtor make the required payment?
Debtor(s):
Fermin Santana Pro Se
Joint Debtor(s):
Dominique Rodriguez Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 16
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Janus James Quiambao Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Luis A Morales Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 17
NONE LISTED -
Deny approval. Not on mandatory form.
Debtor(s):
Luis A Morales Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Eugene Nelson Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
NONE LISTED -
Debtor(s):
Ginger S Chavez Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 36
NONE LISTED -
NONE LISTED -
Debtor(s):
Ara Ohannes Keyllian Represented By Eileen Keusseyan
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 15
NONE LISTED -
NONE LISTED -
Debtor(s):
Joel Coronel Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 15
NONE LISTED -
NONE LISTED -
Debtor(s):
Joel Coronel Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
April R. Ventrello Represented By
James D. Hornbuckle
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
Deny. Not on mandatory form. Interest rate (even though slightly reduced) is unconscionable. (Has debtor considered redemption?)
Debtor(s):
Danna Marie Dorris-Smith Represented By
James D. Hornbuckle
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Maria Del Carmen Aguilar Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 19
NONE LISTED -
NONE LISTED -
Debtor(s):
Nicolette Christine Cunningham Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 12
8/26/19 - Virgil Hill, Jr. (323)704-5156, has been approved for telephonic appearance on 9/12/19 @ 11am
Deny approval. This is a lease. (Lease has already been deemed rejected.) Does debtor know how much debtor will owe at the end of the lease and whether debtor will be in a position to pay this amount?
Debtor(s):
Virgil Eugene Hill II Represented By Daniel King
Joint Debtor(s):
Leslie Ann Guevara Represented By Daniel King
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Omar Alejandro Ibarra Represented By Lionel E Giron
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Fabiola Sanchez Perez Represented By Oscar R Swinton
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
Deny approval. This is a lease. (Lease has already been deemed rejected.) Does debtor know how much debtor will owe at the end of the lease and whether debtor will be in a position to pay this amount?
Debtor(s):
Evlin Gharbigi Represented By Daniel King
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
Are debtors currently employed?
Debtor(s):
Destiny G Martin Pro Se
Joint Debtor(s):
Marcus R Martin Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
All information missing about debtor's income and expenses.
Debtor(s):
Kimberly Yvette Forbes Represented By David H Chung
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
Deny approval. Agreement is not on mandatory form.
Debtor(s):
Andres Carbajal Represented By Barry E Borowitz
Joint Debtor(s):
Maria Guadalupe Manzo de Carbajal Represented By
Barry E Borowitz
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Theresa L Cummings Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Wendle Allison Josepher Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Pedro Pablo Lopez Represented By Peter M Lively
Joint Debtor(s):
Patricia Carmen Lopez Represented By Peter M Lively
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Alfredo R Rodas Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
Deny approval. Not on mandatory form, and reaffirmation will create undue hardship.
Debtor(s):
ANA CRISTINA GARCIA Represented By Norma Iris Garcia
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 13
NONE LISTED -
On calendar in error. Debtor is represented by counsel, and counsel has signed agreement and checked required box. Court approval is not required.
Debtor(s):
ANGEL Guadalupe OJEDA Represented By LeRoy Roberson
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Angie L Reza Represented By
Lauren M Foley
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Larry Aceves-Muniz Pro Se
Joint Debtor(s):
Monica Aceves Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Blanca Julia Hernandez Valencia Represented By
Elisa Blum
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 16
NONE LISTED -
NONE LISTED -
Debtor(s):
Elizabeth Jackson Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Omar Ramirez Represented By Kerry P O'Brien
Joint Debtor(s):
Karen Aguilar Ramirez Represented By Kerry P O'Brien
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
[2017 Toyota Yaris IA]
Docket 7
NONE LISTED -
NONE LISTED -
Debtor(s):
Mariano Aglugob Represented By Nancy Korompis
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
[2017 Kia Sorento]
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Mariano Aglugob Represented By Nancy Korompis
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 48
9/12/19 - Henry Peloci, (805) 279-1225, has been approved for telephonic appearance on 9/12/19 @ 2pm
NONE LISTED -
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
2:00 PM
Docket 135
9/10/19 - J. Alexander Rhim, (818)907-3135, has been approved for telephonic appearance on 9/12/19 @ 2pm
Debtor concedes in its opposition that "Debtor has not generated a net profit during the five-month post-petition term," but, on the bright side, debtor notes that it has reduced its losses each month and generated a profit in August of
$5,269. This amount is undoubtedly dwarfed by the attorneys' fees that were incurred during the same period.
Debtor argues that unsecured creditors will have no chance of recovery unless its operations are permitted to resume. This may be true, but, because the debtor is losing money, it is essentially liquidating the collateral of secured creditors in order to finance its operations. In other words, it is spending the secured creditors' collateral in the hope of producing a distribution for unsecured creditors. Debtor argues that matters would look very different but for the chargebacks from AMEX and Visa, but debtor has not established that these chargebacks are improper. Debtor has not provided any evidence from which the Court can determine that whether the chargebacks in question are impermissible setoffs that violate the automatic stay or permissible recoupments that do not.
Debtor's operations have been losing money. Relief from stay has been granted to permit ADP to terminate its services. Debtor's motion to extend time to assume or reject its lease has been denied. Debtor is deemed to have rejected its lease and must vacate its business premises immediately. Debtor's motion to use cash collateral has been denied. Convert case to chapter 7. Chapter 7 trustee can request that case be dismissed if he or she thinks that would be more appropriate.
2:00 PM
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
2:00 PM
Docket 1
9/10/19 - J. Alexander Rhim, (818)907-3135, has been approved for telephonic appearance on 9/12/19 @ 2pm
How has the debtor been doing with regard to meeting its projections? Are quotes converting to orders at the rate the debtor had anticipated? Has debtor succeeded in operating in accordance with its cash collateral budget or have there been significant variances? If so, in what areas?
Hearing required.
6/6/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- August 28, 2019 at 11:00 a.m. L/D to file updated status report -- August 16, 2019
L/D to serve notice of bar date -- June 7, 2019 Bar date -- August 9, 2019
Tentative Ruling for August 27, 2019:
Where is the status report that debtor was to have filed by August 16, 2019? Based on US Trustee's status report, issue OSC why case should not be dismissed or converted. Set expedited hearing on OSC.
Tentative Ruling for September 12, 2019:
Take case status conference off calendar due to conversion of case to chapter 7.
2:00 PM
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub
2:00 PM
Authorizing Use of Cash Collateral On An Interim Basis
Granting Replacement Liens
Scheduling a Final Hearing on Permanent Use of Cash Collateral
After Hearing, Authorizing Permanent Use of Cash Collateral
Docket 144
- NONE LISTED -
When debtor contacted chambers last week to request hearing on an emergency basis, counsel was instructed to file the motion and give notice last Friday, September 6. Instead, debtor filed motion and gave notice on Tuesday, September 10. Proof of service attached to notice of hearing represents that a chambers copy was personally delivered to Judge Bluebond's chambers on September 10, 2019, but that did not occur. As of 12:30 p.m. on September 11, 2019, judge still has not received a copy of the relevant papers.
Deny motion based on lack of sufficient notice. Court denied use of cash collateral in response to last motion as record could not establish that creditors with an interest in cash collateral were adequately protected. Debtor claims that there were improper chargebacks by credit card companies, but are these chargebacks actually improper or are they permitted recoupments? Did sale of principal's home close on September 11? Has debtor vacated the business premises that were the subject of the lease that was deemed rejected? If not, why not?
2:00 PM
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
10:00 AM
MOVANT: JPMC SPECIALTY MORTGAGE, LLC. FKA WILLIAM SPECIALTY MORTGAGE, LLC.
Docket 37
- NONE LISTED -
Deny motion. Motion is brought pursuant to section 362(d)(2), yet there is equity in the property above and beyond all liens.
Debtor(s):
Nicholas Cascione Represented By David H Chung
Joint Debtor(s):
Patricia Ann Cascione Represented By David H Chung
Movant(s):
JPMC Specialty Mortgage LLC f/k/a Represented By
Merdaud Jafarnia
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY, INC.
Docket 40
- NONE LISTED -
Debtor's response is late-filed and will not be considered. There is no equity in the property and the property is not necessary to an effective reorganization, as this is a chapter 7 case. Nothing contained in the opposition addresses the issues relevant to this motion. Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Rachel Louise Carlsen Pro Se
Movant(s):
Deutsche Bank National Trust Represented By Merdaud Jafarnia
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
9900/ProStar/LoneStar ProStar
MOVANT: FREEDOM TRUCK FINANCE, LLC.
Docket 9
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Donnell Beverly Pro Se
Movant(s):
Freedom Truck Finance, LLC Represented By Cheryl A Skigin
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 7
9/9/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 9/17/19 @ 10:00am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
King Kevin F Miano Represented By Christie Cronenweth
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: SEN WON LLC.
Docket 8
- NONE LISTED -
Court is not inclined to grant annulment, as movant does not need annulment to validate stay and can simply obtain a new writ of possession. Case has been dismissed. Deny motion as moot.
Debtor(s):
Michelle Evans Pro Se
Movant(s):
Sen Won LLC Represented By Luke P Daniels
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: WILSHIRE CENTER, INC.
Docket 8
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Peter D Na Represented By
Stephen S Smyth
Movant(s):
Wilshire Center, Inc. Represented By Christian T Kim
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 245
- NONE LISTED -
Grant in part and deny in part. Order lender to provide payoff statement immediately. Court will impose sanctions if payoff statement is not provided to debtor and such other parties as debtor may direct (such as underwriter or escrow) by noon on September 19, 2019.
Deny request for ruling that debtor need not pay prepayment penalty now. It appears that debtor is correct that, under applicable nonbankruptcy law, she would not have been obligated to pay a prepayment penalty as it has been more than five years since the execution of her deed of trust, but, in a stipulation [docket no. 89] approved by the court [by order entered January 22, 2013, docket no. 91] and incorporated into the debtor's confirmed plan of reorganization [docket no. 93], the parties agreed that, if the debtor sought to prepay its obligations to the secured creditor "during the term of the Plan," debtor would be obligated to pay a prepayment penalty of $19,500. In consideration of this payment, lender agreed not to make an 1111(b) election. (Had the lender made this election, debtor would have been required to pay the full amount of the obligation -- even the undersecured portion ($283,000) and not merely the unsecured claim -- in order to remove the lien at the time of a sale or refinance.)
The plan ws confirmed on July 2, 2013. The original term of the plan was 60 months. The plan became effective 14 days after entry of the confirmation order (July 16, 2013). Therefore, the original term of the plan would have
10:30 AM
ended on July 16, 2018; however, the debtor sought and obtained an extension of the term of the plan.
On April 20, 2018, debtor filed her amended motion to extend the time period for payments under the plan [docket no. 196]. In that motion, she requested an 18- month extension of the term of the plan for reasons that had nothing to do with the lender's failure to provide a current mailing address. The motion identified a series of financial setbacks that had caused the debtor to fall behind on payments due under the plan [medical expenses and temporary walay of W2 income used to make plan payments; Federal Income Tax Audit disallowed all expenses associated with this case created a tax debt [PAID]; among other things].
The Court granted that motion by order entered May 8, 2018 [docket no. 197]. That order provides that "the term of the confirmed chapter 11 plan in this case is extended by 18 months, from 60 months to 78 months after the first plan payment was initiated." Therefore, the term of the plan will now end on January 16, 2020. If debtor is willing to wait until after January 16, 2020 to payoff the lender's secured claim, she will not be required to pay a prepayment penalty; however, if she plans to payoff the loan before that date, she will need to pay the $19,500 prepayment penalty.
Accordingly, deny motion insofar as it requests an order disallowing the
$19,500 prepayment penalty for any refinancing that may occur before January 16, 2020.
Lender may NOT include balance due on unsecured claim in payoff balance. By definition, this amount is UNSECURED. Lender may not insist on payment of this amount as a condition to release of its lien. Court has granted the lender's motion for reconsideration of the order relieving the debtor of any obligation to repay the unpaid balance of the unsecured claim notwithstanding the fact that counsel had no reasonable excuse to have failed to respond to the debtor's moving papers, but it would be unreasonable to require the debtor to make larger payments than she would have originally made because lender slept on its rights. Court could have ordered debtor to resume making quarterly payments to the lender only through the term of the plan, but that would have resulted in significantly less money being paid to lender on account of its unsecured claim.
10:30 AM
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
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, 11-27-18, 2-27-19
fr. 6-11-19
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.
Tentative Ruling for February 27, 2019:
Revisit status of action after conclusion of related matters on calendar. 3/8/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- June 11, 2019 at 2:00 p.m.
L/D to file joint status report -- May 28, 2019 Court will bifurcate issues and try valuation first.
L/D to conduct nonexpert discovery on valuation issues is continued to June 28, 2019
L/D to designate expert witnesses and exchange expert witness reports -- June 28, 2019
L/D to conduct expert witness discovery -- August 19, 2019
3/20/19 -- Court approved stipulation extending time for trustee to respond to request for production of documents and interrogatorires to April 18, 2019 and extending deadline for defendants to file accounting to March 18, 2019.
Tentative Ruling for June 11, 2019:
Continue status conference approximately 90 days and order the parties to complete a day of mediation prior to the date of the continued status conference.
6/21/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 17, 2019 at 2:00 p.m. L/D to file joint status report -- September 3, 2019
2:00 PM
Court will bifurcate issues and try valuation first.
L/D to conduct nonexpert discovery is continued to September 26, 2019 L/D to designate expert witnesses and exchange expert witness reports -- September 26, 2019
L/D to conduct expert witness discovery -- November 18, 2019 L/D to lodge order appointing mediators -- July 5, 2019 Deadline to complete mediation -- next status conference
7/1/19 -- Court approved order appointing mediators.
Tentative Ruling for September 17, 2019:
Set new deadlines for exchange of expert witness reports and completion of mediation.
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
2:00 PM
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:16-01480 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, 11-27-18, 2-27-19
fr. 6-11-19
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
Tentative Ruling for June 11, 2019:
Continue to trail this action along with matter on calendar as number 200.
6/21/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- September 17, 2019 at 2:00 p.m. (Requirement that status report be filed is waived)
L/D to conduct discovery -- November 18, 2019
Tentative Ruling for September 17, 2019:
Do any deadlines need to be extended in this adversary proceeding?
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 Sonia Singh
2:00 PM
Adv#: 2:19-01044 Dye v. Babaie et al
fr. 4-9-19, 5-7-19
Docket 1
- NONE LISTED -
At request of the parties, continue status conference to May 7, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 9, 2019.
Tentative Ruling for May 7, 2019:
When will counsel for the plaintiff be in a position to pay attention to, and diligently prosecute, this adversary proceeding? Hearing required.
5/13/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- September 17, 2019 at 2:00 pm
L/D to file joint status report -- September 3, 2019
L/D to lodge order appointing mediator -- May 24, 2019 L/D to complete mediation -- September 17, 2019
Tentative Ruling for September 17, 2019:
Where is order appointing mediator? Did parties complete a day of mediation? Where is joint status report that was due September 3, 2019? Hearing required.
9/16/19 -- Court approved stipulation continuing status conference to
2:00 PM
November 12, 2019 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 17, 2019. NO APPEARANCE REQUIRED.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Defendant(s):
David Babaie Represented By Matthew A Lesnick
Keto Development Group, LLC Represented By Matthew A Lesnick
DOES 1 THROUGH 10 Pro Se
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
fr. 1-9-18, 4-10-18, 6-26-18, 9-27-18, 10-9-18, 1-15-19, 4-16-19, 5-28-19
Docket 1
- NONE LISTED -
9/25/18 -- Court approved stipulation continuing hearing to October 9, 2018 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2018.
Tentative Ruling for October 9, 2018:
Revisit status of action after conclusion of hearing on motion for summary judgment.
1/9/19 -- Court approved stipulation continuing discovery cutoff to April 30, 2019 and continuing status conference to April 16, 2019 at 2 pm. OFF
CALENDAR FOR JANUARY 15, 2019.
Tentative Ruling for April 16, 2019:
Are the parties on track to complete their discovery by April 30, 2019? Where is the joint status report that should have been filed two weeks before the status conference?
Set deadline for filing any additional pretrial motions, and set date for pretrial conference. Discuss with the parties whether it would be appropriate to send this matter to mediation.
2:00 PM
4/15/19 -- Court approved stipulation continuing status conference to May 28, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for May 28, 2019:
Where is the joint status report that should have been filed two weeks before the status conference?
6/6/19 -- Court approved scheduling order setting following dates: Pretrial conference -- September 17, 2019 at 2:00 p.m.
L/D to lodge pretrial order -- September 3, 2019 L/D to complete discovery -- June 11, 2019
L/D to lodge order appointing mediators -- June 21, 2019 L/D to file pretrial motions -- August 27, 2019
L/D to complete mediation -- September 17, 2019 6/6/19 -- Court approved order appointing mediators.
6/11/19 -- Court approved stipulation setting following dates: Discovery cutoff of June 11, 2019 is modified in following respects: Bren may serve written responses to discovery requests by June 24, 2019; Bitetti may take Bren's deposition not later than September 16, 2019; Plaintiff may file discovery motions related to the foregoing responses by September 16, 2019.
8/28/19 -- Court approved stipulation continuing pretrial conference to November 19, 2019 at 2:00 p.m.; extending discovery cutoff to the extent necessry to permit Bitetti to take Bren's deposition by November 18, 2019; and extending deadline for filing pretrial motions to November 18, 2019.
APPEARANCES WAIVED ON SEPTEMBER 17, 2019.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
2:00 PM
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 O'Dea
Rika Kido
2:00 PM
Adv#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez
Gomez
Docket 1
- NONE LISTED -
Plaintiff obtained and served alias summons. Response to complaint is not due until September 26, 2019. Continue status conference to November 5, 2019 at 2:00 p.m. APPEARANCES WAIVED ON SEPTEMBER 17, 2019.
Debtor(s):
David Gomez Represented By
Raj T Wadhwani
Defendant(s):
David Gomez Pro Se
Plaintiff(s):
PEOPLE OF THE STATE OF Represented By Christopher J. Harney Michael R Pinkston Maisie C. Sokolove Christine S. Hwang
S. Bradley Perkins Thomas E. Fraysse Elizabeth Medrano
2:00 PM
Peter W. Saltzman Justin T. Curley
D. Ward Kallstrom
ILWU-PMA WELFARE PLAN Represented By Christopher J. Harney Michael R Pinkston Maisie C. Sokolove Christine S. Hwang
S. Bradley Perkins Thomas E. Fraysse Elizabeth Medrano Peter W. Saltzman Justin T. Curley
D. Ward Kallstrom
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
Docket 1
- NONE LISTED -
8/16/19 -- Court approved stipulation continuing status conference to October 1, 2019 at 2:00 p.m. and continuing defendant's response date to September 2, 2019. OFF CALENDAR FOR SEPTEMBER 17, 2019.
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
Defendant(s):
Richard Laurence Ashbee Pro Se
Plaintiff(s):
Dagawa Trading LLC Represented By Shanen R Prout
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01224 IMAGIC, INC, v. Dong
Docket 1
8/26/19 - Default entered against Defendant Xu Dong.
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):
XU DONG Represented By
Alice Lin
Defendant(s):
Xu Dong Pro Se
Plaintiff(s):
IMAGIC, INC, Represented By Young H Bae
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01237 Vaquerano et al v. Castellanos
Docket 1
8/28/19 - Default entered against Defendant Vera Norma Castellanos
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
9/16/19 -- Status conference continued to October 1, 2019 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON SEPTEMBER 17, 2019.
Debtor(s):
Vera Norma Castellanos Represented By Christopher S Reyes
Defendant(s):
Vera Norma Castellanos Pro Se
Plaintiff(s):
Maria Vaquerano Represented By Shalem Shem-Tov
Jimmy Vaquerano Represented By Shalem Shem-Tov
Norma Rivas Represented By
2:00 PM
Trustee(s):
Shalem Shem-Tov
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:19-01150 Avery v. Huber
Docket 22
9/9/19 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 9/17/19 @ 2:00pm
Grant with leave to amend. Trustee should file amended complaint that sets forth the dates, amounts and types of transfer (check, cash, wire transfer, etc.), check numbers, etc.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Craig Huber Represented By
Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01150 Avery v. Huber
fr. 7-30-19
Docket 1
9/9/19 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 9/17/19 @ 2:00pm
6/25/19 -- Court approved stipulation giving defendant until July 30, 2019 to respond to complaint.
Tentative Ruling for July 30, 2019:
Inasmuch as defendant has not yet responded to complaint, continue status conference to September 17, 2019 at 2:00 p.m. Parties should file and serve joint status report not later than September 3, 2019. APPEARANCES WAIVED ON JULY 30, 2019.
7/30/19 -- Court approved stipulation continuing response date to August 13, 2019.
Tentative Ruling for September 17, 2019:
Set deadline for trustee to file amended complaint and deadline for filing response thereto.
Debtor(s):
Premiere Medical Management Represented By
2:00 PM
David L Oberg
Defendant(s):
Craig Huber Represented By
Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01151 Avery v. Quinn Emanuel Urquhart & Sullivan, LLP
Docket 26
9/9/19 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 9/17/19 @ 2:00pm
Deny motion to dismiss as moot in light of grant of motion for leave to amend.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Quinn Emanuel Urquhart & Represented By Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01151 Avery v. Quinn Emanuel Urquhart & Sullivan, LLP
Docket 21
9/9/19 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 9/17/19 @ 2:00pm
Grant motion for leave to amend. Trustee could simply have filed amended complaint prior to filing of responsive complaint by defendant; defendant should have stipulated to this relief. There is no problem with pleading an alternate theory of recovery based on the same facts. The same payment can be either a preference or a fraudulent transfer depending on the purpose of the payment.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Quinn Emanuel Urquhart & Represented By Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01151 Avery v. Quinn Emanuel Urquhart & Sullivan, LLP
fr. 7-30-19
Docket 1
9/9/19 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 9/17/19 @ 2:00pm
6/25/19 -- Court approved stipulation giving defendant until July 30, 2019 to respond to complaint.
Tentative Ruling for July 30, 2019:
Inasmuch as defendant has not yet responded to complaint, continue status conference to September 17, 2019 at 2:00 p.m. Parties should file and serve joint status report not later than September 3, 2019. APPEARANCES WAIVED ON JULY 30, 2019.
7/30/19 -- Court approved stipulation continuing response date to August 13, 2019.
Tentative Ruling for September 17, 2019:
Set deadline for plaintiff to file amended complaint and deadline for filing response thereto.
Debtor(s):
Premiere Medical Management Represented By
2:00 PM
David L Oberg
Defendant(s):
Quinn Emanuel Urquhart & Represented By Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:18-01291 Avery v. Jimenez et al
Docket 48
NONE LISTED -
As Judge Bluebond's page on the Court's website explains with regard to telephonic appearances:
A written list of the matter(s) on which you will be making a telephonic/video appearance must be provided to the Court via email to Chambers_SBluebond@cacb.uscourts.gov (link sends e-mail) not later than 7 days prior to the hearing and must contain (i) the date, time and calendar number(s) of the hearing(s) in the subject line of the email and (ii) all of the following information within the body of the email:
the name of the case and the bankruptcy case number (and adversary number, if applicable);
the date and time of the hearing;
the calendar number assigned to the matter (or, if a calendar number has not yet been assigned, then a statement so stating);
the reason that the requesting party seeks to appear by telephone;
who the requesting party represents; and
contact information, including email address and telephone number.
2:00 PM
Leaving a message on the chambers' phone line is not an acceptable way to give notice or to obtain permission, where required, to appear by telephone. Counsel are expected to appear, either in person or by phone, even if they would like to submit on a tentative ruling, unless the written tentative ruling indicates that appearances are waived or a law clerk or a calendar clerk has confirmed that no appearance is necessary. (See Judge Bluebond's posted tentative ruling procedures: "Please note, however, that, notwithstanding the issuance of a tentative ruling, unless (1) Judge Bluebond’s chambers or calendar clerk has confirmed that no appearance is necessary or (2) the tentative ruling itself states that no appearance is necessary, appearances are required.")
In other words, it is never sufficient to leave a message, indicating a desire to submit on the tentative or to appear telephonically. The message may not be picked up until after the hearing or may not have been left for the appropriate party.
Nevertheless, it does not appear that the plaintiff should be deemed to have abandoned prosecution of this action. Accordingly, vacate OSC.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
Sully Mariela Jimenez Represented By Stuart R Simone
Gilberto JR. Arambula Represented By Stuart R Simone
Joint Debtor(s):
Sully Mariela Jimenez Represented By
2:00 PM
Michael H Colmenares
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#: 2:18-01291 Avery v. Jimenez et al
fr. 11-27-18, 1-8-19, 3-5-19, 4-16-19, 7-30-19
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued 4/30/19 - Second Amended complaint filed.
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
Sully Mariela Jimenez Represented By Stuart R Simone
Gilberto JR. Arambula Represented By Stuart R Simone
Joint Debtor(s):
Sully Mariela Jimenez Represented By
2:00 PM
Michael H Colmenares
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#: 2:16-01256 Naimer et al v. Faber et al
fr. 8-27-19
Docket 35
NONE LISTED -
Tentative Ruling for August 27, 2019:
Grant. Enter judgment for plaintiff in the amount of $24,150, plus interest at the rate of 10 percent from July 2, 2019 through the entry of judgment. (Thereafter, post-judgment interest will accrue at the federal judgment rate.)
Final Ruling for August 27, 2019:
Movant wants attorneys' fees per agreement. Continue hearing to September 17, 2019 at 2:00 p.m. to give movant an opportunity to file declaration setting forth amount of attorneys' fees requested. Movant should file and serve declaration not later than September 4, 2019.
Tentative Ruling for September 17, 2019:
Grant. Enter judgment for plaintiff in the amount of $24,150, plus interest at the rate of 10 percent from July 2, 2019 through the entry of judgment on that amount, and attorneys' fees and costs of $3,593.51. (Thereafter, post- judgment interest will accrue at the federal judgment rate.) APPEARANCES WAIVED ON SEPTEMBER 17, 2019. MOVANT SHOULD LODGE ORDER CONSISTENT WITH TENTATIVE RULING.
2:00 PM
Debtor(s):
Eric Carl Faber Represented By Heather J Canning
Defendant(s):
Eric Carl Faber Pro Se
Debra Donnelly Faber Pro Se
Joint Debtor(s):
Debra Donnelly Faber Represented By Heather J Canning
Movant(s):
Lisa Naimer Represented By
Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Joachim Naimer Represented By Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Plaintiff(s):
Lisa Naimer Represented By
Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Joachim Naimer Represented By
2:00 PM
Trustee(s):
Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:18-01312 DDC Group, Inc. v. RDY Holdings LLC et al
Docket 44
NONE LISTED -
Grant motion. Enter judgment in favor of debtor to the effect that the following creditors have secured claims that will be treated in the manner set forth in the debtor's plan in the following amounts:
GTR Source LLC: $18,000 Yellowstone Capital: $54,000 Richmond Capital Group: $18,000
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
2:00 PM
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
fr. 12-11-18, 3-5-19, 5-14-19
Docket 1
9/9/19 - Default entered against GTR Source LLC
9/9/19 - Default entered against Richmond Capital Group, LLC 9/9/19 - Default entered against Yellowstone Capital West LLC
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):
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
2:00 PM
Richmond Capital Group, LLC Pro Se
Plaintiff(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
fr. 6-5-19
Docket 314
NONE LISTED -
There are a number of problems on both sides here. The debtor did not give at least 30 days notice of the hearing. The proof of claim contains no copy of any contract nor any intelligible supporting information or documentation. It cannot be determined from the proof of claim why the claimant is seeking payment of the specified amount. Therefore, it is not entitled to any kind of presumption. The declaration filed in support of the motion sufficiently authenticates the attachments but the attachments were not included. The only exhibit is a copy of the proof of claim. Nothing contained in the declaration explains the basis of the objection and the declaration does not lay a sufficient foundation for the declarant's reliance on any business records of the debtor.
In short, there is nothing here upon which the court could make a ruling of any kind. Continue the hearing. Set a deadline for the debtor to file an amended objection and a deadline for the creditor to file an amended response, if it considers that necessary. Court will give the parties an opportunity to conduct discovery and deem the matter to be an adversary proceeding for procedural purposes.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
2:00 PM
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
fr. 5-29-19, 6-5-19, 6-19-19
Docket 284
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
2:00 PM
M. Jonathan Hayes
2:00 PM
Docket 294
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
2:00 PM
Docket 298
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
2:00 PM
Docket 285
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
2:00 PM
fr. 5-29-19, 6-5-19, 6-19-19
Docket 286
- NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
2:00 PM
M. Jonathan Hayes
10:00 AM
Docket 4
9/9/19 - Case Dismissed for failure to file schedules/statements.
Vacate OSC as moot. Case has already been dismissed. No appearance required. Court will prepare order.
Debtor(s):
C17Malibu LLC Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Docket 22
- NONE LISTED -
It is true that the debtor's personal liability under the judgment has been discharged, but did the judgment creditor have a valid judgment lien against real property previously? A discharge will not invalidate a judgment lien if it had actually attached to something. The lien would survive even though the debtor's personal liability has been discharged and the judgment creditor should be permitted to take the steps necessary under applicable nonbankruptcy law to renew the judgment. (Note: If the judgment lien impairs an exemption, the debtor may be able to avoid the judgment lien under section 522.)
The court cannot determine from the motion whether or not there was an existing judgment lien against real property owned by the debtor. In addition, the motion does not specify any basis for an award of attorneys' fees. This is not a motion to have the judgment creditor held in contempt.
Debtor(s):
Jason Yung Myung Represented By Young K Chang
Trustee(s):
David L Ray (TR) Pro Se
10:00 AM
fr. 7-17-19
Docket 36
- NONE LISTED -
Grant motion. Enter order directing debtor and any other occupants to vacate premises and turnover possession to the trustee.
8/21/19 -- Court approved settlement with the debtor that resolves motion. OFF CALENDAR.
Debtor(s):
Maria D Olivas Pro Se
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
10:00 AM
Docket 49
- NONE LISTED -
Grant motion. Disallow claim as barred by the statute of limitations.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
10:00 AM
Docket 51
- NONE LISTED -
8/29/19 -- Court granted trustee's ex parte application for a continuance of hearing to October 2, 2019 at 10:00 a.m. OFF CALENDR FOR SEPTEMBER 18, 2019.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
10:00 AM
Docket 234
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
10:00 AM
Docket 231
- NONE LISTED -
New counsel has already appeared. For what time period does counsel seek authority to be employed?
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
10:00 AM
[Fees requested: $18,205, Expenses: $0]
Docket 242
9/16/19 - Eric Bensamochan, (818)574-5740, has been approved for telephonic appearance on 9/18/19 @ 10:00am
Continue hearing to address timing issue with notice and to give applicant an opportunity to file amended application that addresses US Trustee's concerns. Page 3 of the amended application is illegible. Many of descriptions of services rendered contain insufficient information. Entries re email should reflect to whom the email was addressed. Entries re meetings should reflect with whom professional met and topic of meeting. Format of billing is problematic. Court cannot determine which descriptions relate to which billing categories. Perhaps a printout in landscape format would be more usuable or applicant should generate a separate printout of charges for each billing category.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro Eric Bensamochan
10:00 AM
Docket 27
- NONE LISTED -
Why hasn't an application to employ counsel been filed? Why are there still compliance matters outstanding? How has debtor been paying operating expenses since filing date? Why did it take debtor so long to file a motion for use of cash collateral? Why should the court believe that the debtor is more serious this time around about taking the steps necessary to properly prosecute a bankruptcy case? (See tentative ruling for matter no. 11.)
Debtor(s):
Daniel Sang Kue Chyun Represented By Je M Cha
10:00 AM
Docket 37
- NONE LISTED -
Why is debtor now asserting that property is worth $1.6 million instead of the
$1.25 million reflected in the schedules? Where does this additional income of $6,000 per month come from and is this anyone's cash collateral? Court does not grant retroactive authority to use cash collateral. How much cash collateral has the debtor spent since the petition date of July 22? What additional space does the debtor intend to rent within the property?
Why is there an entry for groceries in the budget concerning the maintenance of the property? Is this budget intended to cover the entirety of the debtor's living expenses as well as the expenses related to the operation and maintenance of the property? Is the debtor's wife working and, if so, does she have any income? Is this income included in the income amounts reflected in the budget?
Hearing required.
Debtor(s):
Daniel Sang Kue Chyun Represented By Je M Cha
10:00 AM
Docket 1
- NONE LISTED -
Debtor's status report states that the primary objective of this bankruptcy is for the debtor to do a motion to value collateral and cram down the balance due the lender. This will not work. The property in question is the debtor's principal residence. Even though it is also a rental property (as it is a duplex), under the brightline rule announced by the 9th Circuit BAP in In re Wages, 508 B.R. 161 (Bankr. 9th Cir. 2014), a debtor may not modify a mortgage on a property that is the debtor's principal residence, even if the debtor also uses the property for commercial activities.
Debtor has been in default for the past 5 to 6 years and has not succeeded in negotiating a consensual modification of this loan. The Court sees no reason to conclude that a consensual modification will be possible at this time. Case should be converted to chapter 7 so that the property can be sold if there is in fact any equity in the property, or the case should be dismissed with a two- year bar to refiling, in light of the debtor's history of repeated bankruptcy filings.
Debtor(s):
Daniel Sang Kue Chyun Represented By Je M Cha
Movant(s):
Daniel Sang Kue Chyun Represented By Je M Cha
Je M Cha Je M Cha
10:00 AM
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, 11-28-18, 2-12-19, 3-5-19, 3-20-19, 4-2-19, 5-29-19
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.
Tentative Ruling for February 12, 2019:
Revisit status of case after conclusion of hearing on disclosure statement. (Debtors do not need to keep answering all questions in the original order setting the status conference in subsequent status reports. They only need to apprise the court of the current status of the case and significant developments since the last status conference.)
Tentative Ruling for March 5, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for April 3, 2019:
Is court correct in assuming that, if sale closes, debtors will be dismissing this case rather than confirming a plan? Hearing required.
Tentative Ruling for May 29, 2019:
If court confirms plan, take status conference off calendar and schedule post- confirmation status conference in approximately 120 days to make sure that all required payments have been made in a timely manner.
6/20/19 -- OFF CALENDAR. COURT HAS ENTERED FINAL DECREE.
Debtor(s):
Paul Stuart Shepherd Represented By
11:00 AM
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 debtor to serve notice of bar date and bar date. Continue case status conference approximately 90 days.
6/20/19 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- June 26, 2019
Bar date -- August 16, 2019
L/D to file updated status report -- September 6, 2019
Cont'd status conference -- September 18, 2019 at 11:00 a.m.
Tentative Ruling for September 18, 2019:
Does it make sense for the debtor to utilize the bankruptcy court's mediation program in an effort to resolve disputes with Creditor's Adjustment Bureau? Now that the debtor has succeeded in setting aside default judgment, is it even necessary for this case to remain in bankruptcy?
Hearing required.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
10:00 AM
Associated Third Party Administrators(ATPA) 2:16-23679SK
2:17-AP-01369SK
2:17-AP-01456SK
fr. 5-23-19, 8-29-19
Docket 0
- NONE LISTED -
Debtor(s):
Associated Third Party Represented By Ron Bender Lindsey L Smith
Jacqueline L James Eve H Karasik Todd M Arnold Edward M Fox Jeffrey S Kwong Richard W Esterkin Kurt Ramlo
Danning Gill Diamond & Kollitz LLP
Trustee(s):
Richard K Diamond (TR) Represented By Aaron E de Leest Howard Kollitz Sonia Singh
Danning Gill Diamond & Kollitz LLP Walter K Oetzell
10:00 AM
Zev Shechtman Jerrold L Bregman Jason B Komorsky Susan K Seflin
Brutzkus Gubner Rozansky Seror Weber LLP
10:00 AM
MOVANT: EAST WEST BANK fr. 5-2-19, 8-20-19
Docket 853
9/23/19 - John Tedford, (310)277-0077, has been approved for telephonic appearance on 9/26/19 @ 10am
Rulings on Evidentary Objections:
Barclay Declaration:
Overrule. Declarant may offer her opinion as to these matters.
Overrule. It is desirable to have a principal of the party responsible for making up a shortfall acknowledge that responsibility.
Galletly Declaration:
Overrule. Declarant is clearly describing the debtor's position/game plan. This is an appropriate exercise for the debtor's principal. Debtor has not filed its plan yet. Declarant is describing what the debtor's eventual plan will look like. The relevant issue is not what is in the term sheet (which might give rise to a best evidence objection), but what the plan will look like and whether it will be confirmable.
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
Overrule. (See ruling on objection 1.)
10:00 AM
Tentative Ruling on the Merits:
Deny relief at this juncture, but continue hearing to track with confirmation schedule. There is no evidence that the property is declining in value and the court is not yet ready to conclude that there is no reasonable prospect for a reorganization within a reasonable period. Thus, there is no basis for relief under either section 362(d)(1) or 362(d)(2). There need not be any equity in the property for a debtor to be in a position to confirm a plan of reorganization, and there is nothing that makes the plan that the debtor has outlined inherently unconfirmable on its face. It is not unreasonable for the debtor to take a brief period of time to change gears in light of reversal of this Court's order on appeal by the district court. Court will address any objections that movant may have concerning the confirmability of the debtor's new plan in connection with disclosure statement/plan confirmation process.
In the interim, as this is a single asset case and there is at present no plan on file, court agrees that debtor should make the payments required by section 362(d)(3). Debtor should pay interest at the contractual nondefault rate on the value of the creditor's interest in the property. EWB claims to be owed more than the value of the property. Therefore, the value of EWB's interest in the property is the value of the property. For the purpose of this analysis, court agrees that it is appropriate to utilize EWB's value for the property --
$20,271,718. Debtor asserts that it is capable of making these payments. Enter standard adequate protection order (14-day default notices; maximum of 3 notices; relief granted upon declaration from lender without further notice or hearing if default uncured; waiver of Rule 4001(a)(3) if order is entered) requiring that the debtor make these payments, commencing with the May payment. If the debtor is unable to make these payments, EWB will get relief from stay. There is no need for this court to assess whether it will be feasible for the debtor to make these payments. The proof will be in the pudding, so to speak. Either the debtor will come up with the money to make these payments, or EWB will get relief from stay.
Tentative Ruling for August 20, 2019:
EWB filed supplemental papers arguing that the latest plan filed by the debtor is not feasible and that the debtor has no reasonable prospect of confirming a plan within a reasonable period.
10:00 AM
As the Court has already conditioned continuation of the automatic stay on adequate protection payments, whether or not relief from stay is appropriate on these facts will turn on whether elements of section 362(d)(2) have been satisfied. As this requires consideration of the latest version of the debtor's plan, court will revisit issue of relief from stay after consideration of the debtor's latest disclosure statement and plan.
Tentative Ruling for September 26, 2019:
Revisit motion after conclusion of related matters on calendar.
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 Bernard R Given
10:00 AM
Docket 929
9/23/19 - John Tedford, (310)277-0077, has been approved for telephonic appearance on 9/26/19 @ 10am
Court has already advised that it is not likely to lower the required interest rate in a subsequent plan. There may have been a reduction in the federal discount rate, but have interest rates on business loans been reduced? And, even if they have, as the Court previously explained, as the debtor will need to service more debt under this plan, the extent of the risk is larger, which would serve to offset any decrease in the interest rate resulting from a reduction in the benchmark rate.
How would this new plan be feasible? Debtor has already had to borrow or obtain capital contributions (of $900,000?) to remain current on the adequate protection payments debtor has been required to pay. Projections show that there will be cash flow shortfalls during the now four-year plan term. The proposed new value contribution and the promise to help with tenant improvements do not even add up to the $1.5 million backstop that the Court held was necessary to support the last version of the plan.
How/why is it appropriate to separately classify the bank's unsecured deficiency claim? Has this classification scheme been proposed in good faith?
Note: If the debtor were to prevail in its appeal, depending on the value of the property, it would appear that EWB would be permitted to include post- petition interest in the amount of its secured claim, up to the value of the property. Does the plan properly take this into consideration?
10:00 AM
Debtor's refusal to obtain more information from 24-hour fitness as to its willingness to renew its lease and, if so, at what rental rate makes it difficult to assess the feasibility of the debtor's plan. Is debtor acting in good faith in refusing to even broach this issue with the tenant at this juncture? Are there any provisions in the lease that require the tenant to communicate its intentions to the landlord a certain number of months in advance? If so, when is such notice due?
Debtor also doesn't appear to be in a hurry to obtain a resolution of its appeal. The debtor has moved for an extension of time to file its opening brief three times, such that its opening brief, which was originally due July 3, 2019, is now due November 4, 2019. The responsive brief is due December 4, 2019. Why hasn't the debtor been willing to move forward. It appears that the debtor's main objective here is to delay the resolution of these issues.
Debtor's plan is now to sell the property in four years. Why is this a better approach than selling the property now? Will the property appreciate enough between now and then to permit anyone to recoup the amounts that will have to be invested between now and then to make all required payments under the plan? And what if 24-hour fitness does not renew or is only willing to renew at a discounted rental rate? What would the property be worth if that were to occur.
Hearing required.
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, 10-24-18, 1-23-19, 1-24-19,
3-7-19, 5-2-19, 8-20-19
Docket 1
9/23/19 - John Tedford, (310)277-0077, has been approved for telephonic appearance on 9/26/19 @ 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 October 10, 2018:
10:00 AM
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for October 24, 2018:
Continue case status conference to date and time of confirmation hearing.
Tentative Ruling for March 7, 2019:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for May 2, 2019:
Set deadline for debtor to file new plan of reorganization. Continue case status conference and hearing on motion for relief from stay to same date and time as hearing on new disclosure statement.
Tentative Ruling for August 20, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for September 26, 2019:
Revisit status of case after conclusion of hearings on related matters on calendar.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
fr. 9-12-19
Docket 135
9/17/19 - Elizabeth Ruocco, (212)504-6068, has been approved for telephonic appearance on 9/26/19 @ 2pm
Tentative Ruling for September 12, 2019:
Debtor concedes in its opposition that "Debtor has not generated a net profit during the five-month post-petition term," but, on the bright side, debtor notes that it has reduced its losses each month and generated a profit in August of
$5,269. This amount is undoubtedly dwarfed by the attorneys' fees that were incurred during the same period.
Debtor argues that unsecured creditors will have no chance of recovery unless its operations are permitted to resume. This may be true, but, because the debtor is losing money, it is essentially liquidating the collateral of secured creditors in order to finance its operations. In other words, it is spending the secured creditors' collateral in the hope of producing a distribution for unsecured creditors. Debtor argues that matters would look very different but for the chargebacks from AMEX and Visa, but debtor has not established that these chargebacks are improper. Debtor has not provided any evidence from which the Court can determine that whether the chargebacks in question are impermissible setoffs that violate the automatic stay or permissible recoupments that do not.
Debtor's operations have been losing money. Relief from stay has been granted to permit ADP to terminate its services. Debtor's motion to extend time to assume or reject its lease has been denied. Debtor is deemed to
2:00 PM
have rejected its lease and must vacate its business premises immediately. Debtor's motion to use cash collateral has been denied. Convert case to chapter 7. Chapter 7 trustee can request that case be dismissed if he or she thinks that would be more appropriate.
Final Ruling for September 12, 2019:
Continue hearing to September 26, 2019 at 2:00 p.m.
Tentative Ruling for September 26, 2019:
Is debtor current on its post-petition taxes? Post-petition insurance payments? Post-petition rents for premises other than New York lease? What kids of post-petition expenses are included within the $105,000 of post petition accounts receivable that have not been paid, according to the August 2019 operating report? Pages 15 and 16 of the August operting report refer to $414,593 that includes ""funds owed to Cash Advance Lenders." To what does this refer?
Hearing required.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
2:00 PM
Authorizing Use of Cash Collateral On An Interim Basis
Granting Replacement Liens
Scheduling a Final Hearing on Permanent Use of Cash Collateral
After Hearing, Authorizing Permanent Use of Cash Collateral fr. 9-12-19
Docket 144
9/17/19 - Elizabeth Ruocco, (212)504-6068, has been approved for telephonic appearance on 9/26/19 @ 2pm
Tentative Ruling for September 12, 2019:
When debtor contacted chambers last week to request hearing on an emergency basis, counsel was instructed to file the motion and give notice last Friday, September 6. Instead, debtor filed motion and gave notice on Tuesday, September 10. Proof of service attached to notice of hearing represents that a chambers copy was personally delivered to Judge Bluebond's chambers on September 10, 2019, but that did not occur. As of 12:30 p.m. on September 11, 2019, judge still has not received a copy of the relevant papers.
Deny motion based on lack of sufficient notice. Court denied use of cash collateral in response to last motion as record could not establish that creditors with an interest in cash collateral were adequately protected. Debtor claims that there were improper chargebacks by credit card companies, but are these chargebacks actually improper or are they permitted recoupments?
2:00 PM
Did sale of principal's home close on September 11? Has debtor vacated the business premises that were the subject of the lease that was deemed rejected? If not, why not?
Final Ruling for September 12, 2019:
Authorize debtor to use cash collateral on an interim basis between September 12, 2019 and the date of final hearing solely for operating expenses in amounts not to exceed those set forth on the budget, plus a 15% variance. Total (including variance) cannot exceed $92,500 for this period.
Debtor should serve notice of continued hearing by September 13, 2019. Set final hearing for September 26, 2019 at 2:00 p.m. Oppositions will be due by noon on September 24, 2019. Any supplemental papers from the debtor must be filed and served by September 23, 2019. Debtor's papers should include report on actual expenditures pursuant to this order.
Tentative Ruling for September 26, 2019:
Does the attachment to the debtor's September 23, 2019 filing represent accrued expenses or amounts actually paid? If the latter, it appears that the debtor has spent more cash than it was entitled to spend pursuant to the Court's prior order. Is this correct?
Hearing required.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
2:00 PM
Docket 1
9/17/19 - Elizabeth Ruocco, (212)504-6068, has been approved for telephonic appearance on 9/26/19 @ 2pm
How has the debtor been doing with regard to meeting its projections? Are quotes converting to orders at the rate the debtor had anticipated? Has debtor succeeded in operating in accordance with its cash collateral budget or have there been significant variances? If so, in what areas?
Hearing required.
6/6/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- August 28, 2019 at 11:00 a.m. L/D to file updated status report -- August 16, 2019
L/D to serve notice of bar date -- June 7, 2019 Bar date -- August 9, 2019
Tentative Ruling for August 27, 2019:
Where is the status report that debtor was to have filed by August 16, 2019? Based on US Trustee's status report, issue OSC why case should not be dismissed or converted. Set expedited hearing on OSC.
Tentative Ruling for September 12, 2019:
Take case status conference off calendar due to conversion of case to chapter 7.
2:00 PM
Tentative Ruling for September 26, 2019:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub
10:00 AM
MOVANT: CENLAR FSB AS SERVICER FOR MORGAN STANLEY PRIVATE BANK, NATIONAL ASSOCIATION
Docket 128
9/25/19 - R. Gibson Pagter, (714)541-6072x 221, has been approved for telephonic appearance on 10/1/19 @ 10am
9/27/19 - Merdaud Jafarnia, (619)955-1961 x 1521, has been approved for telephonic appearance on 10/1/19 @ 10am
The motion is too cute by half. The valuation from the debtor's schedules of
$75,000 is obviously inaccurate. Perhaps this was the debtor's estimate of the net equity value. The real property, even if entirely unimproved, would be significantly more than that in 90068 and no lender would have advanced more than $2,000,000 in connection with a piece of property worth $75,000.
The response includes a valuation figure that is arguably admissible as an admission by a party opponent, in that movant is acting on behalf of Morgan Stanley Private Bank and the admission is by an agent of Morgan Stanley Private Bank. According to Ms. Hernandez, Morgan Stanley values the property at $4.3 million.
At this value, there is a large equity cushion sufficient to provide adequate protection and the estate has equity in the property. There is no evidence that the property is declining in value. Therefore, motion should be denied.
10:00 AM
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Cenlar FSB as servicer for Morgan Represented By
Merdaud Jafarnia
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
MOVANT: JPMORGAN CHASE BANK, NA
Docket 23
9/25/19 - Gilbert Yabes, (714)285-2665, has been approved for telephonic appearance on 10/1/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Edward J. Herzstock Represented By
J.D. Cuzzolina
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Gilbert R Yabes
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: NATIONSTAR MORTGAGE, LLC. dba MR. COOPER
Docket 20
- NONE LISTED -
Deny motion. At the present time, it appears that there is equity in the property and that the amount of that equity is sufficient to provide adequate protection.
Debtor(s):
PATRICIA MARIE OROZCO Represented By Chellei G Jimenez
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Dane W Exnowski
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: WILMINGTON TRUST, NATIONAL ASSOCIATION
Docket 17
- 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.
Debtor(s):
Imelda Sabillo Garcia-Fernandez Represented By
Emilia N McAfee
Movant(s):
Wilmington Trust, National Represented By Merdaud Jafarnia Cassandra J Richey
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: CANDIDO CABRERA
Docket 15
- NONE LISTED -
Debtor has filed motion to dismiss 523(a)(6) action that is on calendar for 2:00 p.m. on October 1, 2019. Continue this hearing to 2:00 p.m. to be heard after motion to dismiss. APPEARANCES WAIVED ON 10:00 A.M. CALENDAR.
Court cannot resolve this motion until it knows whether or not the 523(a)(6) action will be permitted to proceed. If there is a viable 523(a)(6) action, as movant seeks to litigate against parties other than the debtor as well, it would be more efficient to grant this motion and hold the nondischargeability action in abeyance pending the outcome of the state court action. If the court determines that the movant cannot state a nondischargeable claim, there would be no reason to permit the action to proceed in state court against the debtor (unless there might be available insurance proceeds, but it is worthy of note that it seems unlikely that movant's claim could be both nondischargeable in nature and covered by insurance as it is against public policy to insure claims based on willful misconduct).
Revisit status of this motion after conclusion of hearing on motion to dismiss at 2:00 p.m.
10:00 AM
Debtor(s):
Bradley M. Bronson Represented By
J. Bennett Friedman
Movant(s):
Candido Cabrera Represented By Gregory M Salvato
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: MILL CITY MORTGAGE LOAN TRUST 2017-1, WILMINGTON SAVINGS FUND SOCIETY, DBA CHRISTIANA TRUST AS TRUSTEE
fr. 9-10-19
Docket 13
9/25/19 - Daniel Fujimoto, (949)480-1601, has been approved for telephonic appearance on 10/1/19 @ 10am.
Tentative Ruling for September 10, 2019:
Court is confused. If movant is willing to enter into a loan modification with debtor, it will do so (and may want relief from stay to do so in any event). If movant is unwilling to enter into a loan modification, deferring the grant of relief from stay will not result in a loan modification. Debtor suggests, in the alternative, an adequate protection order, but does not offer any adequate protection. Is debtor proposing to make payments to movant during the 60- day period?
Hearing required.
Final Ruling for September 10, 2019:
Court continued hearing to October 1, 2019 at 10:00 a.m. at the parties' request to give them an opportunity to negotiate an adequate protection order.
Tentative Ruling for October 1, 2019:
10:00 AM
What, if anything, has transpired since the September 10 hearing?
Debtor(s):
Rickey Trenell Jackson Jr Represented By Brian J Soo-Hoo
Movant(s):
Mill City Mortgage Loan Trust 2017 Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC. DBA CHRYSLER CAPITAL AS SERVICER FOR CCAP AUTO LEASE LTD.
Docket 9
9/23/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 10/1/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Joseph Jesus Orosco Represented By David Lozano
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 9
9/23/19 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 10/1/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Scott Thomas Moore Represented By
Misty A Perry Isaacson
Joint Debtor(s):
Theresa Gail Ebilane-Moore Represented By
Misty A Perry Isaacson
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 10
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Scott Thomas Moore Represented By
Misty A Perry Isaacson
Joint Debtor(s):
Theresa Gail Ebilane-Moore Represented By
Misty A Perry Isaacson
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: CIVIC VENTURES, LLC.
Docket 26
- NONE LISTED -
Debtor served its opposition on the court by US Mail on September 27 for an October 1 hearing. Court manual requires that papers served on judge less than 14 days before a hearing be served by overnight mail or personal delivery. Moreover, opposition was due 14 days before the hearing and is late-filed.
Motion does not contain admissible evidence of value or any evidence that this property is declining in value. Although it appears that affiliates of the debtor have engaged in a variety of activities in bad faith, other than the prepetition transfer, are there any facts that establish bad faith in this case? Motion will not be decided based on character evidence.
Deny motion without prejudice.
Debtor(s):
VEPEL 6 LLC Represented By Thomas B Ure
Movant(s):
Civic Ventures, LLC, attorney-in- Represented By
Amelia B. Valenzuela
10:00 AM
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 8
9/23/19 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 10/1/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Abbie L Muecke Represented By Paul Y Lee
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 8
9/23/19 - Vincent Frounjian, (818)859-7511, has been approved for telephonic appearance on 10/1/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Ricardo Garcia Represented By David H Chung
Joint Debtor(s):
Maria Eugenia Garcia Represented By David H Chung
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: HMC ASSETS, LLC
Docket 16
- NONE LISTED -
Grant motion pursuant to Bankruptcy Code section 362(d)(1) for cause, including a lack of adequate protection, without waiver of Rule 4001(a)(3), based on debtor's having been cited for leaving the property vacant and open to the public.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Movant(s):
HMC Assets, LLC, solely in its Represented By
Amelia B. Valenzuela
10:00 AM
MOVANT: CIVIC VENTURES, LLC
Docket 14
- NONE LISTED -
There is no admissible evidence of value. There is no evidence that the property is declining in value. The only code violations (lack of permits) that relate to this particular property show that the issue was "closed" 10 years ago. Deny motion without prejudice.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Movant(s):
Civic Ventures, LLC, attorney-in- Represented By
Amelia B. Valenzuela
10:00 AM
Docket 22
- NONE LISTED -
Opposition is late-filed and will not be considered. Newspaper articles are not admissible evidence as to the truth of the matter asserted, but court takes judicial notice of the various proceedings that have been filed with regard to entities owned by the same principal and the fact that receivers have been appointed with regard to properties owned by affiliates due to failure of debtor's to properly manage the properties. Appoint chapter 11 trustee, as, on this record, there is cause to believe that the debtor lacks the willingness or the ability to operate and maintain real property in a manner that is in the best interest of creditors and the estate and in the public interest.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Movant(s):
Amelia Valenzuela Represented By
Amelia B. Valenzuela
10:00 AM
MOVANT: 2005 RESIDENTIAL TRUST 3-2 BY WILMINGTON SAVINGS FUND SOCIETY, FSB DBA CHRISTINA TRUST AS TRUSTEE
Docket 10
- 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):
Mayra Vanessa Chavez Represented By
Glenn Ward Calsada
Movant(s):
2005 Residential Trust 3-2 by Represented By Daniel I Singer
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al
Totalis Energy, LLC fr. 8-27-19
Docket 1
- NONE LISTED -
7/29/19 -- Court approved stipulation continuing deadline to respond to complaint to August 19, 2019 and continuing status conference to October 1, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
8/19/19 -- Court approved stipulation continuing deadline to respond to complaint to September 18, 2019 and continuing status conference to November 5, 2019 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 1, 2019.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Ranbir S Sahni Pro Se
Totalis Energy, LLC Pro Se
2:00 PM
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Aaron E de Leest
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
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, 12-4-18, 3-5-19, 4-9-19, 7-2-19
Docket 1
10/1/19 - Michael Kwasigroch, (805)522-1800, has been approved for telephonic appearance on 10/11/19 @ 2pm
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
2:00 PM
appears that the mediator was willing to proceed without an order employing 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
2:00 PM
discovery cutoff by approximately 90 days and continue status conference to approximately same time frame.
12/11/18 -- Court issued order imposing sanctions of $150 on defendant's counsel for failing to review local rules and therefore being unaware that obligation to cause a joint status report to be filed is a joint obligatoin and making no effort to contact plaintiff's counsel in a timely manner to prepare or discuss preparation of joint status report. Court extended discovery cutoff to February 28, 2019 and set deadline for filing pretrial motions of January 15, 2019. (Any such motions should be set for hearing not later than March 5, 2019.) Court waived requirement of joint status report for March 5 status conference only.
Tentative Ruling for March 5, 2019:
No pretrial motions have been filed and scheduled for March 5. Have parties now completed discovery? If so, set date for pretrial conference and deadline for lodging joint pretrial order. Is this an appropriate matter to be sent to mediaton? If not, why not? Hearing required.
Final Ruling for March 5, 2019:
Continue status conference to April 9, 2019 at 2:00 p.m. Defendant will file and serve by March 11, 2019 motion to extend discovery cutoff to permit defendant to depose Mr. Fiorelli and set motion for hearing on April 9, 2019 at 2:00 p.m. Motion should include discussion of why this motion was brought so long after expiration of discovery cutoff.
Tentative Ruling for April 9, 2019:
Revisit status of action after conclusion of hearing on motion to extend discovery cutoff.
Tentative Ruling for July 2, 2019:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order (the one setting deadline for filing pretrial motions) as
2:00 PM
directed by the Court at April 9 hearing. Impose additional sanctions of $150 on counsel for each party for failing to file joint status report in a timely manner.
Final Ruling from July 2, 2019:
Parties report that they have settled the case. Continue hearing to October 1, 2019 at 2:00 p.m. to give the parties an opportunity to document the settlement.
Tentative Ruling for October 1, 2019:
What is the status of this matter? There is no status report. Court has not seen settlement agreement. What has happened since the last status conference? 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#: 2:18-01462 Venegas v. Educational Credit Management Corporation, a non-p
fr. 2-26-19, 4-9-19, 7-2-19
Docket 1
9/17/19 - Scott Schiff, (310)276-2026, has been approved for telephonic appearance on 10/1/19 @ 2pm
2/1/19 -- Court approved stipulation continuing status conference to April 9, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 26, 2019.
3/21/19 -- Court approved stipulation dismissing Navient and adding ECMC. ECMC has to and including 10 days after entry of order to respond to complaint.
Tentative Ruling for April 9, 2019:
Continue status conference to July 2, 2019 at 2:00 p.m. Parties should file updated joint status report not later than 14 days prior to continued status conference date.
Tentative Ruling for July 2, 2019:
Continue status conference to October 1, 2019 at 2:00 p.m. Parties should file updated joint status report not later than 14 days prior to continued status conference date. APPEARANCES WAIVED ON JULY 2, 2019.
Tentative Ruling for October 1, 2019:
2:00 PM
Why don't the parties want this matter sent to mediation? Hearing required.
Debtor(s):
Dante Lorenzo Venegas Pro Se
Defendant(s):
Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Dante Lorenzo Venegas Represented By
C John M Melissinos Keith Patrick Banner
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01469 Garibay v. Garcia et al
FR. 3-5-19, 6-11-19
Docket 1
- NONE LISTED -
Tentative Ruling for March 5, 2019:
Two status reports were filed. Court did not receive either. The first, filed February 25, 2019, which bears a signature date of February 25, 2019 is a unilateral report from the debtor. The proof of service attached to that report, signed under penalty of perjury by Marvin Jarrett Mann says that it was served by personal delivery, overnight mail, facsimile transmission or email (but doesn't specify which) on January 22, 2019. This must be a false statement as the document did not even exist as of that date. (It also says that it was served through the court's NEF system on other parties in interest on January 21, 2019.) This is false as well. The document was not filed until February 25 and therefore could not have been served on that date by NEF.
Sanction counsel for defendant $150 for filing false proofs of service. Court needs to be able to rely on the accuracy of these documents. Counsel should ensure that his staff uses more care in preparing these documents.
Second status report, filed February 27, 2019, appears to be a joint status report, in that it has information completed on both sides of the form, but has only an electronic signature from counsel for plaintiff. The proof of service attached to that document does not show the date on which a copy was provided to the court. Court ended up printing BOTH status reports. This is
2:00 PM
not acceptable. Parties need to file a JOINT status report two weeks before the status conference and serve a copy to the court not less than 14 days before the status conference.
Why does defendant's status report say, "Summons issued 12/18, thereby requiring trial in two months"? Plaintiff's status report says approximately the same thing. Under what theory do the parties believe that trial is required within two months after the issuance of a summons?
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
3/26/19 -- Court approved order appointing mediators.
Final Ruling for March 5, 2019:
Continue status conference to June 11, 2019 at 2:00 p.m. Parties should file joint status report by May 28, 2019. Parties are to lodge an order appointing mediators by March 22, 2019 and complete a day of mediation by June 11, 2019. Court will impose sanctions of $150 on counsel for defendant for using a false proof of service and an additional $150 for failing to attend status conference. Court will prepare scheduling and sanction order.
Tentative Ruling for June 11, 2019:
Parties completed a day of mediation but are asking to return to mediation, using the alternate mediator. Set discovery cutoff in late October, 2019, continue status conference for approximately 90 to 120 days and order parties to complete another day of mediation.
Final Ruling for June 11, 2019:
Set discovery cutoff of October 31, 2019. Continue status conference to October 1, 2019 at 2:00 p.m. Parties shall file joint status report by September 17, 2019. Extend deadline to complete mediation to October 1, 2019. Plaintiff should lodge scheduling order with these dates.
2:00 PM
Tentative Ruling for October 1, 2019:
Impose sanctions on counsel for plaintiff of $150 for failing to lodge scheduling order. Impose sanctions of $150 on counsel for each of the parties for failing to file a joint status report in a timely manner. Have the parties now completed mediation? Are they on track to complete discovery by October 31, 2019? Hearing required.
Debtor(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Defendant(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Does 1 through 20, inclusive Pro Se
Plaintiff(s):
Olivia Garibay Represented By Kaveh Elihu Daniel Friedman
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01022 Avery v. Beverly Hills Bestfields Investments, Inc. et al
fr. 4-2-19, 7-2-19
Docket 1
4/24/19 - Notice of dismissal filed for Benjamin An, Corbel Architects, Inc. and King Star Security Patrol, Inc.
9/23/19 - Nami Kang, (310)785-0885, has been approved for telephonic appearance on 10/1/19 @ 2pm.
9/25/19 - Varand Gourjian, (818)956-0100, has been approved for telephonic appearance on 10/1/19 @ 2pm.
3/5/19 -- Court approved stipulation continuing defendant's deadline to respond to complaint to March 13, 2019.
Tentative Ruling for April 2, 2019:
Is it appropriate for the trustee to have sued all of these lienholders in a single adversary proceeding? Would it have been more appropriate for separate adversary proceedings to be brought against these defendants?
None of the parties have asked that the matter be sent to mediation. What needs to happen before it would be appropriate to send this matter to mediation?
2:00 PM
Hearing required.
Final Ruling for April 2, 2019:
Continue status conference to July 2, 2019 at 2:00 p.m. Parties shall file joint status report not later than June 18, 2019. Trustee will dismiss his claims against the answering defendants (other than Beverly Hills Bestfields Investments, Inc.) without prejudice and file new adversary proceedings against these three separately.
4/24/19 -- Trustee filed notice of dismissal of defendants Benjamin An, Corbel Architects, Inc. and King Star Security Patrol, Inc.
Tentative Ruling for July 2, 2019:
Why don't the parties want this matter sent to mediation? Hearing required.
Tentative Ruling for October 1, 2019:
Set discovery cutoff for sometime in January 2020 and continue status conference to approximately same time frame.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Beverly Hills Bestfields Represented By Nami Kang
Accu-Test Structural Laboratories, Pro Se Thomas Kim, dba Global Pro Se
Plaintiff(s):
Wesley H Avery Represented By
2:00 PM
Trustee(s):
Varand Gourjian
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01023 Avery v. Kim et al
Docket 20
9/25/19 - Varand Gourjian, (818)956-0100, has been approved for telephonic appearance on 10/1/19 @ 2pm.
Motion reflects that this is an action to determine the validity and extent of a lien. This is not accurate. This is an action to enable the trustee to sell the entirety of a piece of property in which the estate owns only a fractional interest.
Hearing required.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Bon Koo Kim Pro Se
Youngsook Kim Pro Se
Ki Y Jang Pro Se
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By
2:00 PM
Varand Gourjian
2:00 PM
Adv#: 2:19-01023 Avery v. Kim et al
Youngsook Kim, Ki Y Jang fr. 4-2-19, 7-2-19
Docket 1
9/25/19 - Varand Gourjian, (818)956-0100, has been approved for telephonic appearance on 10/1/19 @ 2pm.
Tentative Ruling for April 2, 2019:
In status report, trustee states that he has agreed to extend the deadline for Bon Koo Kim and Youngsook Kim to respond to the complaint until April 10, 2019. Court approval is required for such an extension. Trustee should either file a stipulation to this effect and upload order or at least upload a form of order to memorialize this extension.
Can this matter be adjudicated before the adversary proceeding on calendar as number 209 has been resolved, at least in part? How can the court determine whether there is any equity in the property and therefore whether there is any point in authorizing a sale of the property until it has determined whether any of the liens the trustee has challenged are avoidable?
Hearing required.
Final Ruling for April 2, 2019:
Continue status conference to July 2, 2019 at 2:00 p.m. Parties shall file joint status report not later than June 18, 2019.
2:00 PM
Tentative Ruling for July 2, 2019:
Trustee filed a unilateral status report. Where is the declaration that the local rules require accompany a unilateral status report?
What, if anything, is left of this action? There is a stipulation for the entry of judgment, reciting that the two defendants stipulating to judgment are the two remaining defendants. Why doesn't the status report say anything about the defaults or the stipulation? In other words, the status report does not contain any information actually relevant to the status of this action. This is problematic. Hearing required.
Tentative Ruling for October 1, 2019:
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):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Bon Koo Kim Pro Se
Youngsook Kim Pro Se
Ki Y Jang Pro Se
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01116 Avery v. An
fr. 7-2-19
Docket 1
9/25/19 - Varand Gourjian, (818)956-0100, has been approved for telephonic appearance on 10/1/19 @ 2pm.
Tentative Ruling for July 2, 2019:
Continue status conference approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
Tentative Ruling for October 1, 2019:
Status report was late-filed. Set discovery cutoff for late December 2019 and status conference for shortly thereafter.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Benjamin An Represented By
Steven J Barkin
2:00 PM
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01117 Avery v. Corbel Architects, Inc.
Docket 1
9/25/19 - Varand Gourjian, (818)956-0100, has been approved for telephonic appearance on 10/1/19 @ 2pm.
Continue status conference approximately 90 to 120 days.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Corbel Architects, Inc. Represented By Matthew A Lesnick
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01118 Avery v. King Star Security Patrol, Inc.
fr. 7-2-19
Docket 1
9/25/19 - Varand Gourjian, (818)956-0100, has been approved for telephonic appearance on 10/1/19 @ 2pm.
Status report was late-filed. Continue status conference approximately 90 to 120 days.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
King Star Security Patrol, Inc. Represented By Baird A Brown
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
Docket 18
- NONE LISTED -
9/17/19 -- Court approved order denying motion as moot due to stipulation to permit plaintiff to file amended complaint. OFF CALENDAR.
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
Defendant(s):
Richard Laurence Ashbee Represented By Ronald N Richards
Plaintiff(s):
Dagawa Trading LLC Represented By Shanen R Prout
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
fr. 9-17-19
Docket 1
- NONE LISTED -
8/16/19 -- Court approved stipulation continuing status conference to October 1, 2019 at 2:00 p.m. and continuing defendant's response date to September 2, 2019. OFF CALENDAR FOR SEPTEMBER 17, 2019.
9/17/19 -- Court approved stipulation continuing status conference to November 12, 2019 at 2:00 p.m., setting deadline of October 11, 2019 for defendant to file response to amended complaint. OFF CALENDAR FOR OCTOBER 1, 2019.
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
Defendant(s):
Richard Laurence Ashbee Pro Se
2:00 PM
Plaintiff(s):
Dagawa Trading LLC Represented By Shanen R Prout
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01235 Albertini v. Ashbee et al
Docket 1
- NONE LISTED -
OFF CALENDAR. COURT GRANTED MOTION DISMISSING ACTION WITH PREJUDICE.
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
Defendant(s):
Richard L. Ashbee Pro Se
Diane Ashbee Pro Se
Does 1 through 25, inclusive, Pro Se
Plaintiff(s):
Dante Albertini Represented By
Minh Hieu Thi Luong
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01240 Guirguis v. Carlsen et al
Docket 1
- NONE LISTED -
This action, although removed, remains stayed. Is there any separate existence to the nondebtor defendants? If not, in light of the fact that a nondischargeability action has been filed, is there any reason to maintain a separate action here? The case is in chapter 7. Plaintiff can simply file a proof of claim (if there are any assets in the estate) for any claims that are dischargeable.
Hearing required.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel L Carlsen Pro Se
Carlsen Financial, Inc. Pro Se
Carlsen Financial, LLP Pro Se
Plaintiff(s):
Mark Guirguis Represented By Candice Bryner Candice Bryner
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01246 Bankers Small Business Community Development Corp v. Kirakosyan et al
Docket 1
- NONE LISTED -
Continue status conference to December 3, 2019 at 2:00 p.m. Parties should file an updated status report not later than November 19, 2019.
APPEARANCES WAIVED ON OCTOBER 1, 2019.
Debtor(s):
Albert Kirakosyan Represented By Aidan Butler
Defendant(s):
Albert Kirakosyan Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Bankers Small Business Community Represented By
Jillian A Benbow
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01247 Strategic Funding Source, Inc. v. Kirakosyan
Complaint by Strategic Funding Source, Inc. against Albert Kirakosyan.
Docket 1
- NONE LISTED -
9/20/19 -- Court approved stipulation continuing defendant's response date to September 27, 2019 and continuing status conference to December 3, 2019
at 2:00 p.m. OFF CALENDAR FOR OCTOBER 1, 2019.
Debtor(s):
Albert Kirakosyan Represented By Aidan Butler
Defendant(s):
Albert Kirakosyan Pro Se
Plaintiff(s):
Strategic Funding Source, Inc. Represented By Brian T Harvey
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.
Docket 1
- NONE LISTED -
Strike third claim for relief. Liens aren't discharged in bankruptcy, but a claim does not become nondischargeable simply because a judgment debtor exam order is served. There needs to have been assets to which such a lien attached at that time. If there were such assets at the time, the lien would survive the bankruptcy if the appropriate steps were taken under nonbankruptcy law to create and maintain the perfection of that lien, but the third claim for relief is not properly pled and, frankly, this does not belong in a nondischargeability complaint as debtor is not the correct party with whom to litigate this issue. If there are assets of the estate that plaintiff believes are subject to his lien, plaintiff should contact the trustee to discuss the matter and ascertain whether or not there is a dispute as to the validity of the lien.
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Defendant(s):
Eugene Hubbard Jr. Pro Se
Plaintiff(s):
Upstream Capital Investments LLC Represented By
Douglas A Crowder
2:00 PM
Trustee(s):
Lynda E Jacobs
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01242 Cabrera v. Bronson
Docket 6
- NONE LISTED -
FRBP creates a deadline for a plaintiff to amend without leave of court, not an absolute deadline for amending a complaint. There is no reason for the Court to grant the motion without leave to amend. Grant with leave to amend.
Complaint should not attach and incorporate state court complaint.
Complaint should contain only contain allegations concerning claims that are nondischargeable under section 523(a)(6). Complaint does not need to plead all evidentiary facts. Plaintiff is not entitled to attorneys' fees in a 523 action.
Debtor(s):
Bradley M. Bronson Represented By
J. Bennett Friedman
Defendant(s):
Bradley M. Bronson Represented By
J. Bennett Friedman
Plaintiff(s):
Candido Cabrera Represented By Gregory M Salvato
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01242 Cabrera v. Bronson
Docket 1
- NONE LISTED -
Set deadline for filing amended complaint and deadline for responding to amended complaint.
Debtor(s):
Bradley M. Bronson Represented By
J. Bennett Friedman
Defendant(s):
Bradley M. Bronson Pro Se
Plaintiff(s):
Candido Cabrera Represented By Gregory M Salvato
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
MOVANT: CANDIDO CABRERA
Docket 15
- NONE LISTED -
Debtor has filed motion to dismiss 523(a)(6) action that is on calendar for 2:00 p.m. on October 1, 2019. Continue this hearing to 2:00 p.m. to be heard after motion to dismiss. APPEARANCES WAIVED ON 10:00 A.M. CALENDAR.
Court cannot resolve this motion until it knows whether or not the 523(a)(6) action will be permitted to proceed. If there is a viable 523(a)(6) action, as movant seeks to litigate against parties other than the debtor as well, it would be more efficient to grant this motion and hold the nondischargeability action in abeyance pending the outcome of the state court action. If the court determines that the movant cannot state a nondischargeable claim, there would be no reason to permit the action to proceed in state court against the debtor (unless there might be available insurance proceeds, but it is worthy of note that it seems unlikely that movant's claim could be both nondischargeable in nature and covered by insurance as it is against public policy to insure claims based on willful misconduct).
Revisit status of this motion after conclusion of hearing on motion to dismiss at 2:00 p.m.
Debtor(s):
Bradley M. Bronson Represented By
2:00 PM
Movant(s):
J. Bennett Friedman
Candido Cabrera Represented By Gregory M Salvato
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01237 Vaquerano et al v. Castellanos
Docket 11
- NONE LISTED -
Grant. Enter judgment finding that amounts awarded by state court are nondischargeable pursuant to bankruptcy code sections 523(a)(2)(A) and 523(a)(6).
Debtor(s):
Vera Norma Castellanos Represented By Christopher S Reyes
Defendant(s):
Vera Norma Castellanos Pro Se
Plaintiff(s):
Maria Vaquerano Represented By Shalem Shem-Tov
Jimmy Vaquerano Represented By Shalem Shem-Tov
Norma Rivas Represented By
Shalem Shem-Tov
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:19-01237 Vaquerano et al v. Castellanos
fr. 9-17-19
Docket 1
8/28/19 - Default entered against Defendant Vera Norma Castellanos
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):
Vera Norma Castellanos Represented By Christopher S Reyes
Defendant(s):
Vera Norma Castellanos Pro Se
Plaintiff(s):
Maria Vaquerano Represented By Shalem Shem-Tov
Jimmy Vaquerano Represented By Shalem Shem-Tov
Norma Rivas Represented By
Shalem Shem-Tov
2:00 PM
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:18-01363 NG DIP Liquidating Trust v. Luxury Garage Sale, Inc.
fr. 1-8-19, 4-2-19, 4-30-19, 6-11-19, 8-13-19
Docket 1
9/25/19 - Todd Arnold, (310)229-1234, has been approved for telephonic appearance on 10/1/19 @ 2pm;
(Court was not served with copy of complaint.)
At request of plaintiff, continue status conference approximately 90 days. If plaintiff wants to extend deadline for defendant to answer, plaintiff should lodge order extending deadline. Court would like docket to reflect the deadline for responding to complaint.
1/30/19 -- Court signed order continuing response date to March 1, 2019.
3/7/19 -- Court approved stipulation continuing response date to April 1, 2019, and continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
5/28/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
7/30/19 -- Court approved stipulation continuing hearing to October 1, 2019 at
2:00 PM
2:00 p.m. OFF CALENDAR FOR AUGUST 13, 2019.
Tentative Ruling for October 1, 2019:
Discuss with parties whether or not it makes sense to set a discovery cutoff at this juncture or to require parties to complete a mediation, provided the deadline gives the parties sufficient time to attempt a resolution on their own. 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
Defendant(s):
Luxury Garage Sale, Inc. Represented By Ryan A. Ellis
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01364 NG DIP Liquidating Trust v. Madison Administrative Services, Inc.
fr. 1-8-19, 4-2-19, 4-30-19, 6-11-19, 8-13-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.) Continue status conference approximately 90 days.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
5/28/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
8/1/19 -- Court approved stipulation continuing hearing to October 1, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 13, 2019.
9/17/19 -- Court approved stipulation continuing hearing to December 3, 2019 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 1, 2019.
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):
Madison Administrative Services, Represented By
Ovsanna Takvoryan
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:18-01110 Arroyo Vision Care, LLC v. PA Investment Fund, LLC et al
Docket 72
8/20/19 - Notice of unavailability of Counsel filed by Saul Reiss, Fay Pugh from 9/21/19 through 10/29/19
Grant summary judgment based on lack of subject matter jurisdiction. The Court does not have post-confirmation jurisdiction over the pending adversary proceeding.
The most widely accepted test for post-confirmation "related to" jurisdiction is the "close nexus" test. This test has been expressly adopted hy the Third and Ninth Circuits and applied by courts in the Fourth Circuit . Under the close nexus test, a bankruptcy court retains jurisdiction over a proceeding where there is "a close nexus to the bankruptcy plan or proceeding sufficient to uphold bankruptcy court jurisdiction." In re Resorts Int'l, 372 F.3d 154. 166-67 (3d Cir. 2004).
The Ninth Circuit in In re Pegasus Gold Corp. expressly adopted the Third Circuit's close nexus test for postconfirmation jurisdiction. In re Pegasus Gold Corp., 394 F.3d 1189, 1194 (9th Cir. 2005). Applying the close nexus test, the court asserted postconfirmation "related to" jurisdiction over breach of contract, breach of covenant of good faith and fair dealing, and fraud in inducement claims because the claims and remedies could affect the implementation and execution of the plan itself. See also In re Wilshire Courtyard, 459 B.R. 416 (Bankr. 9th Cir. 2011) in which the Ninth Circuit BAP declined to exercise jurisdiction because the post-confirmation matter did not have a demonstrable effect on the debtor or implementation of the plan but instead had an effect only on third parties.
2:00 PM
Here, the plan has been confirmed and fully consummated. According to the Trustee, all creditors that were to receive payments under the Plan have been paid. In addition, the Reorganized Debtor confirmed through its counsel at the July 2019 status conference that any recovery obtained in this action will belong to the Reorganized Debtor (and that will not have any impact on the debtor's ability to make payments under the plan as all payments have been made). By the Reorganized Debtor's own admission, the outcome of the adversary has no conceivable effect on the debtor, the estate, implementation of the plan or the distributions that will be available to creditors under the plan.
In the alternative, to the extent that the court could be construed as having subject matter jursidiction, the court in the exercise of its discretion will abstain from exercising that jurisdiction due to the fact that the outcome of this proceeding does not require an interpretation of bankruptcy law or of any order of this court, arises solely under state law and has no conceivable effect on the administration of this bankruptcy estate or on the distributions that will be available to creditors under the plan.
2:00 PM
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Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
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
2:00 PM
Plaintiff(s):
Arroyo Vision Care, LLC Represented By Chad V Haes Stella A Havkin Saul Reiss
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, 12-4-18, 2-26-19, 4-9-19, 7-16-19
Docket 1
8/20/19 - Notice of unavailability of Counsels filed by Saul Reiss, Fay Pugh from 9/21/19 through 10/29/19
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.
12/11/18 -- Court entered order granting motion to dismiss with regard to breach of contract and fraud claims with leave to amend and denying balance of motion. Amended complaint will be due January 8, 2019. Responses will
2:00 PM
be due January 29, 2019. Continued status conference will be February 26, 2019 at 2:00 p.m.
Tentative Ruling for February 26, 2019:
Continue status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with motion to dismiss second amended complaint. Parties have both requested that matter be sent to mediation. If parties would like to participate in mediation prior to date of continued status conference, they should lodge an order appointing a mediator and an alternate mediator.
APPEARANCES WAIVED ON FEBRUARY 26, 2019.
Tentative Ruling for April 9, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for July 16, 2019:
According to the status report, defendant plans to file a motion challenging the court's jurisdiction (although it has consented to the entry of final orders by the court, which appears incongruous).
Set deadline for the filing of such a motion and continue status conference to date set for hearing on that motion.
Tentative Ruling for October 1, 2019:
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
Defendant(s):
PA Investment Fund, LLC Represented By Saul Reiss
2:00 PM
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 Saul Reiss
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
10:00 AM
Docket 13
- NONE LISTED -
Vacate OSC. Debtor has now paid missing installments. OFF CALENDAR. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Brandon O'Neal Felton Represented By Atyria S Clark
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 40
- NONE LISTED -
Why is trustee requesting that professional be employed effective as of the date of the debtor's discharge -- April 28, 2014?
Debtor(s):
Janice Doreen Dickinson Represented By Jeffrey N Wishman
Trustee(s):
Howard M Ehrenberg (TR) Represented By
Howard M Ehrenberg (TR) Corey R Weber
10:00 AM
LLC, Claim No. 3 in the Claims Register fr. 9-18-19
Docket 51
- NONE LISTED -
8/29/19 -- Court granted trustee's ex parte application for a continuance of hearing to October 2, 2019 at 10:00 a.m. OFF CALENDR FOR SEPTEMBER 18, 2019.
Tentative Ruling for October 2, 2019:
Sustain objection. Disallow claim as barred by statute of limitations. Waive appearances. Movant is authorize to upload order consistent with tentative ruling.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
10:00 AM
Docket 58
NONE LISTED -
Sustain objection. Disallow claim, as there is a break in the chain of title: there is no evidence to show that original creditor transferred the claim to the claimant's assignee. Waive appearances. Movant is authorize to upload order consistent with tentative ruling.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
10:00 AM
U.S.C. § 1141(d)(5) Upon Completion of Payments to Unsecured Creditors
Docket 270
NONE LISTED -
There is no need to modify the plan, so the provisions that come into play when a modification of the plan is not possible do not apply. There is no need for an early, "hardship" discharge here, as the debtor has been making the plan payments. What is the "cause" for an early discharge -- that the debtor would like his discharge early?
Hearing required.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
10:00 AM
Docket 269
NONE LISTED -
NONE LISTED -
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
10:00 AM
Docket 41
NONE LISTED -
Creditor's claim to share of profits in the business would be subordinated to the payment of other unsecured creditors. How much is the creditor seeking by way of compensation and how much is he seeking by way of a share of the profits? Court can see why debtor's principal (who is the proposed lender) might benefit from having the debtor litigate the merits of this claim, but is it in the best interest of the debtor and its estate to have the debtor incur secured debt, at 6 percent interest, to litigate the merits of this claim? Does court need to issue OSC re appointment of trustee in this case?
Hearing required.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
10:00 AM
Docket 40
9/18/19 - Motion to allow claim no. 1 filed and will be heard with this motion.
Sustain evidentiary objections. There is no declaration authenticating exhibits and the memorandum is not signed under penalty of perjury (or at all). There is no evidence contained in the claimant's September 18 filing, only argument. Moreover, there is no such thing as a motion to allow a proof of claim. Court construes this September 18 filing as an opposition to the debtor's objection to claim.
Does claimant have any evidence that the DEBTOR (as distinguished from its principals) bound itself to create a subsidiary called Lip Tease and received all or any portion of the $20,000 that claimant asserts she advanced as an investment in this new subsidiary?
Hearing required.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
10:00 AM
fr. 8-22-19
Docket 29
NONE LISTED -
Tentative Ruling for August 22, 2019:
The Court has a number of questions and concerns with regard to the motion and the debtor's financial situation generally:
According to the debtor's schedules, the payroll tax obligations that the debtor owes arose in 2016 through 2018. (Debtor claims that only a portion of these taxes qualify as priority claims.) Has the debtor been current on its 2019 payroll tax obligations? When did the debtor stop falling behind on payroll taxes (or, stated differently, when did the debtor stop spending trust funds to run its business)?
According to the papers and the debtor's schedules, the debtor may owe as much as approximately $54,000 to the EDD and $1.3M to the IRS for payroll tax liabilities. The debtor's assets are only worth, according to the papers, $952,000. Debtor contends that these amounts may be overstated. How would they be overstated? Has the debtor filed all applicable returns or are some of these amounts based on estimates the EDD or IRS has made for periods for which returns were not filed?
In looking at the debtor's projections, there is one entry for "management payroll" near the rest of the debtor's payroll related expenses, but another entry toward the bottom of the projections called, "management salaries." What is the difference between these two entries? How many management
10:00 AM
employees does the debtor have and who are they? How many of them are insiders?
It appears from the adequate protection portion of the moving papers that debtor is taking the position that creditors with a lien on cash collateral have an equity cushion to protect them. On what is this based? What valuation is the debtor using to arrive at this conclusion?
What is the Medford property that appears on the schedule of executory contracts? What is this property used for?
Who are Michael and Tamara Winn? Is there any relationship between the debtor and the Winn Family Trust other than that of borrower and lender? How did the debtor locate this lender?
The amounts currently due E&F appear to be the result of a settlement or compromise of disputes that arose earlier between the debtor and E&F. What happened? What was the nature of the dispute?
The debtor claims that creditors will be adequately protected by permitting the debtor to continue using cash to operate its business, yet the cash flow projections attached to the motion show a significant reduction in cash (in the vicinity of $15,000 to $20,000) from the beginning cash balance to the cash balance at the end of the projections.
The projections start with the period August 12 through August 18, 2019. How do the projections compare with what actually happened during this period?
Hearing required.
Final Ruling for August 22, 2019:
Grant motion on an interim basis. Authorize use of cash collateral in accordance with the IRS stipulation through 10:00 a.m. on October 2, 2019, subject to modifications read into the record at the time of hearing (no lien on avoiding power claims, replacement lien to have same validity and priority as
10:00 AM
original lien). Court will conduct a final hearing on October 2, 2019 at 10:00
a.m. Debtor shall file and serve an updated budget for period of not less than 60 additional days not later than September 16, 2019. Any oppositions to continued use of cash collateral should be filed and served by September 26, 2019.
Tentative Ruling for October 2, 2019:
Revised budget only runs through November 10, 2019. Authorize debtor to continue using cash on the terms set forth in the interim order in accordance with the budget, plus a 10 percent variance, through November 10, 2019.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Docket 1
NONE LISTED -
9/16/19 -- Court approved stipulation between US Trustee and debtor concerning the appointment of a patient care ombudsman.
9/16/19 -- Court approved order setting bar date of November 30, 2019 and directing debtor to serve notice of bar date by September 30, 2019.
Tentative Ruling for October 2, 2019:
Continue case status conference approximately 90 days. Court will set deadline for filing plan at continued status conference.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Docket 8
NONE LISTED -
Grant.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
2:00 PM
Docket 189
9/27/19 - Lemuel Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 10/2/19 @ 2pm
Debtor will file and serve amended plan and disclosure statement by September 17, 2019. Oppositions will be due by September 27, 2019. Court will conduct a hearing on fifth amended disclosure statement on October 2, 2019 at 2:00 p.m.
OFF CALENDAR. COURT IS CONSIDERING DEBTOR'S DISCLOSURE STATEMENT.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
2:00 PM
Docket 215
9/27/19 - Lemuel Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 10/2/19 @ 2pm
US Trustee's objections to the disclosure statement appear well-founded. How does the debtor explain the inconsistencies noted in that document?
Hearing required.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
2:00 PM
fr. 3-14-18, 6-13-18, 8-1-18, 10-2-18, 12-12-18, 2-6-19, 2-27-19, 4-17-19,
5-29-19, 8-27-19
Docket 1
9/27/19 - Lemuel Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 10/2/19 @ 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:
2:00 PM
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 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.
Tentative Ruling for February 6, 2019:
Discuss with parties whether it would be better for the court to appoint a chapter 11 trustee or to convert the case to chapter 7. Hearing required.
Tentative Ruling for April 17, 2019:
If court approves disclosure statement, set plan confirmation schedule.
Tentative Ruling for May 29, 2019:
At hearing held April 19, 2019, Court conditionally approved disclosure
2:00 PM
statement and directed debtor to file final version of plan and disclosure statement and lodge order approving disclosure statement by April 30, 2019. Docket does not reflect the filing of an amended plan or disclosure statement. Why not?
Hearing required.
6/3/2019 -- Court approved fourth amended disclosure statement and set status conference on confirmation process for August 27, 2019 at 2:00 p.m.
Tentative Ruling for October 2, 2019:
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
2:00 PM
Docket 71
9/26/19 - Amended Application for payment filed
Where is the required client declaration (or the declaration from applicant about why the client statement is missing)? US Trustee's objections appear well-taken. What is the applicant's response? Did the post-petition financing actually close?
Hearing required.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
Crystle Jane Lindsey
2:00 PM
Docket 67
NONE LISTED -
Debtor is still missing compliance items and only filed MOR's for May, June, July and August, 2019 on September 30, 2019. Debtor has not paid quarterly fees in a timely manner. Debtor has not filed a motion seeking a structured dismissal. Debtor's MOR's do not reflect payment of insurance premiums and the July and August MOR's reflected that the debtor's general liability policy expired on August 20, 2019. (On September 25, 2019, debtor filed an updated status report reflecting replacement insurance.) Debtor's principal seems to assume that the court will simply dismiss this case and that he need not worry about continued compliance or prosecution of this bankruptcy.
Court will not dismiss this case, even with a bar, as the history of this case reflects that debtor is prepared to ignore any applicable bars, transfer the property and have a transferee refile. Discuss with parties whether conversion to chapter 7 or appointment of chapter 11 trustee would be better approach.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
Crystle Jane Lindsey
2:00 PM
Docket 1
NONE LISTED -
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
2:00 PM
[Fees requested: $18,205, Expenses: $0]
FR. 9-18-19
Docket 242
9/25/19 - Eric Bensamochan, (818)574-5740, has been approved for telephonic appearance on 10/2/19 @ 2pm
Tentative Ruling for September 18, 2019:
Continue hearing to address timing issue with notice and to give applicant an opportunity to file amended application that addresses US Trustee's concerns. Page 3 of the amended application is illegible. Many of descriptions of services rendered contain insufficient information. Entries re email should reflect to whom the email was addressed. Entries re meetings should reflect with whom professional met and topic of meeting. Format of billing is problematic. Court cannot determine which descriptions relate to which billing categories. Perhaps a printout in landscape format would be more usuable or applicant should generate a separate printout of charges for each billing category.
Final Ruling for September 18, 2019:
Continue hearing to October 2, 2019 at 2:00 p.m. Applicant should file revised application by September 23, 2019. Supplemental oppositions will be due by September 27, 2019.
Tentative Ruling for October 2, 2019:
Applicant appears to have remedied the problems noted with prior versions
2:00 PM
of his fee application. Grant application. Approve on an interim, rather than a final, basis fees of $18,205 and no costs and direct debtor to pay unpaid portion of allowed amounts. If applicant is prepared to submit on tentative ruling, court will waive appearances and applicant should lodge order consistent with tentative ruling.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro Eric Bensamochan
10:00 AM
Docket 20
NONE LISTED -
Debtor cannot remain in bankruptcy if he is not prepared to be forthcoming about his assets and income. Debtor needs to attend his 341(a) meeting and respond to questions raised by his paystubs and means test forms. Debtor needs to respond to written inquiries from the U.S. Trustee. Debtor has failed to cooperate in efforts of U.S. Trustee to obtain information. Grant motion.
Dismiss case.
Debtor(s):
Ismael Jimenez Represented By Richard A Loa
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 19
NONE LISTED -
9/10/19 -- Court approved stipulation dismissing case with a bar to refiling under chapter 7. OFF CALENDAR. MOTION RESOLVED.
Debtor(s):
Pedro Pablo Lopez Represented By Peter M Lively
Joint Debtor(s):
Patricia Carmen Lopez Represented By Peter M Lively
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 206
NONE LISTED -
Final Ruling from June 19, 2019:
Continue hearing to July 31, 2019 at 10:00 a.m. Court needs to ascertain whether debtor is current on payments on secured claim and how much more is due on the unsecured portion of creditor's claim.
Tentative Ruling for July 31, 2019:
Debtor now reports that she is current with regard to the secured claim, with the exception of $336.80 due from the June 2019 payment and $2,765 due from the July 2019 payment (for total past due payments of $3,101.80) and that, with regard to the unsecured portion of the claim, she has paid a total of
$2,573.17, leaving an unpaid balance for the claim of $4,925. (This payment total includes two payments of $400 each that debtor intended for the unsecured portion of the claim, but asserts that lender applied against secured portion.) It does not include two payments of $400 that were returned to the debtor based on an invalid address.
Overrule evidentiary objections. Lender asserts that debtor should not get double credit, treating the payments that she intended to be applied to the unsecured claim as having been paid on account of both the unsecured and the secured claims, but a review of the debtor's chart of payments on account of the secured claims does not reflect these two misdirected $400 payments.
With regard to the debtor's failure to file the document in a timely manner,
10:00 AM
court is prepared to give the lender additional time to respond if the debtor's belated filing deprived the lender of the time that it needed to do the required research.
Lender claims that the debtor is currently past due for the months of May through July 2019 on the secured claim, for a total of 3x $2,765, less
$1,631.33 held in suspense, for a balance of $6,663.67. Lender claims that there is a total due with regard to the unsecured claim of $4,925.01. As this is a penny off from the debtor's calculations, there does not appear to be a meaningful dispute with regard to the unsecured claim.
Debtor needs to supply the separate dollar amounts and check numbers of each partial payment when she made more than one payment in a given month so that the lender can attempt to track these payments. Lender should annotate debtor's schedule to reflect where there are differences. Court will not do the comparison for the parties. Once debtor supplies the missing information, lender will need to identify for the court which of the payments identified by the debtor it denies receiving and which payment amounts it contends are wrong (by annotation on the debtor's chart) so that the court can determine what the actual issues to be resolved are and where additional evidence may be required. Also, the court needs additional information as to the basis for each party's contentions as to the appropriate payment amounts. Do these numbers come from the plan? Does the plan establish a fixed payment amount or a variable interest rate? Were notices sent to the debtor when there were increases?
Hearing required.
Final Ruling from July 31, 2019:
Continue hearing to 11:00 a.m. on August 28, 2019. By August 1, debtor will file an updated chart that has totals on the bottom. For months in which debtor made more than one payment, debtor should breakout the amount of each payment and provide check numbers (if payments were made by check). By August 21, 2019, Lender should file and serve its response.
Lender should annotate the debtor's chart, identify any payments that it did ot receive, update its calculations and be able to reconcile amounts shown on its
10:00 AM
online system. Court disallowed request for attorneys' fees, as claim is undersecured, but will permit reimbursement for advances for insurance and taxes, if there are any. (Debtor handed lender's counsel check for $492.50 as a payment toward the unsecured claim for the second quarter of 2019.
Debtor will make payments from this point forward on the unsecured claim in amounts at least equal to the payments contemplated by the plan at least quarterly.
Tentative Ruling for August 28, 2019:
In Suarez declaration, lender contends that there are three post-confirmation monthly mortgage payments due, but lender identifies these payments as being for the months of June 2019 through July 2019, which is two months. Later in the attachments, it appears that August 2019 is the missing third month. Is this correct?
At prior hearing, it appeared that there were no remaining disputes as to the amounts paid on account of the unsecured claim. With regard to the secured portion of the claim, the parties agreed that the basis of the disagreement between them was the uncertainty (and difficulties in calculation) arising from the changes in the payments due for the escrow account and any advances made by the lender for real estate taxes and insurance.
Debtor's calculation showed a payment of $1,000 on August 6, 2019. Lender had not received this payment as of the time it filed its latest round of declarations. Has this payment shown up? If not, was this amount deducted from the debtor's bank account?
Debtor acknowledged that there was a $2,200 payment that was returned to the debtor. Was this still included in the debtor's calculations?
In a number of instances, the lender has reported that the amount of a payment reflected on the debtor's chart is overstated by a few dollars (for example, $15 on January 7, 2016; $6.40 on February 10, 2016 and $26.44 on June 14, 2016). Does debtor have bank statements or other evidence to support her contentions with regard to the amount of these payments?
10:00 AM
With the exception of the missing $1,000 payment and the discrepancies identified in the preceding paragraph, does the debtor disagree with the lender's calculations in any respect?
Hearing required.
9/17/19 -- At hearing held this date, Court continued this matter to October 16, 2019 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 3, 2019.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
Movant(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
10:00 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,
9-26-18, 3-20-19, 5-1-19, 6-19-19, 7-31-19, 8-28-19
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:
10:00 AM
Continue hearing to June 15, 2016 at 11:00 a.m. Reorganized debtor should 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:
10:00 AM
According to coversheet to status report, payments to BNY Mellon and 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.
Tentative Ruling for March 20, 2019:
Court previously disallowed the unsecured portion of secured creditors' claims due to their failure to provide correct mailing address information, but their secured claims remain as liens against the debtor's property. Does the debtor agree with the information contained in secure creditors' notice regarding failure to make post-petition plan payments on their secured claims?
Hearing required.
Tentative Ruling for May 1, 2019:
Debtor filed a motion for a final decree on negative notice on April 16, 2019. Continue hearing to June 19, 2019 at 11:00 a.m. to give the court an
10:00 AM
opportunity to process motion for final decree. Appearances waived on May 1, 2019. (Once notice period for motion has passed, debtor should file a declaration attesting to the fact that she hasn't received any oppositions, if this is the case, and asking that the Court issue a final decree. If anyone files an opposition to the motion, debtor should notice a hearing on the opposition to her motion.)
Tentative Ruling for August 28, 2019:
Revisit status of case after conclusion of related matters on calendar.
9/17/19 -- At hearing held this date, Court continued this matter to October 16, 2019 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 3, 2019.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
10:00 AM
MOVANT: BANK OF AMERICA, N.A
Docket 13
9/27/19 - Megan E. Lees, (619)794-0515, has been approved for telephonic appearance on 10/8/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Noah Oakley Landis-Harde Represented By David H Chung
Movant(s):
Bank of America, N.A. Represented By Robert P Zahradka
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: FINANCIAL SERVICES VEHICLE TRUST
Docket 10
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Nisarat Limsalakpetch Represented By Nicholas S Nassif
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
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, 12-12-18, 4-10-19
Docket 1
7/2/19 - Matter rescheduled to October 16, 2019 @ 11am
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.
11:00 AM
Tentative Ruling for September 7, 2016:
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?
11:00 AM
Has debtor made any progress in resolving issues with Wells Fargo? Did debtor succeed in paying November payments to secured creditors and October payments to unsecured creditors? Is debtor now current on payments under the plan?
Tentative Ruling for April 9, 2019:
Has debtor now made any of the March payments due secured creditors or the February and March payments due unsecureds? When are the April payments due? What is the status of debtor's efforts to clarify amounts due Wells Fargo?
Hearing required.
OFF CALENDAR. COURT CONTINUED HEARING TO OCTOBER 16, 2019 AT 11:00 A.M.
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
10:00 AM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. Continue status conference approximately 3 months.
3/4/19 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- March 6, 2019
Bar date -- May 10, 2019
Cont'd status conference -- June 5, 2019 at 11:00 a.m. L/D to file updated status report -- May 24, 2019.
Tentative Ruling for June 5, 2019:
How are the prospects for finding a long term tenant for the property? Has anyone expressed interest in possibly renting the property?
Set deadline of approximately four months for the debtor to file a plan of reorganization. If debtor still has not found a long term tenant by then, it may be time for the debtor to re-evaluate its reorganization strategy.
6/10/19 -- Court approved scheduling order with following dates: Cont'd status conference -- September 4, 2019 at 11:00 a.m.
L/D to file updated status report -- August 23, 2019
L/D to file plan and disclosure statement (or case will be converted to chapter 7) -- October 9, 2019
10:00 AM
Tentative Ruling for September 4, 2019:
Continue case status conference to October 10, 2019 at 10:00 a.m. Court will convert case to chapter 7 at that time if debtor has not either filed a plan of reorganization and a disclosure statement or a motion for authority to sell the property to a specific buyer by October 9, 2019.
Waive appearances on September 4, 2019.
Tentative Ruling for October 10, 2019:
Debtor filed plan and disclosure statement on October 8, 2019. A hearing on the disclosure statement is set for November 20, 2019 at 2:00 p.m. Continue case status conference to November 20, 2019 at 2:00 p.m. to be heard concurrently with disclosure statement. APPEARANCES WAIVED ON OCTOBER 10, 2019.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
10:00 AM
MOVANT: BANK OF AMERICA, NA.
Docket 10
10/7/19 - Megan E. Lees,(619) 794-0515 has been approved for telephonic appearance on 10/15/19 @ 10AM
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Max Segal Represented By
Leon D Bayer
Movant(s):
Bank of America, N.A. Represented By Robert P Zahradka
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Honda Accord
VIN# 1HGCV1F33JA152373
MOVANT: CREDIT UNION OF SOUTHERN CALIFORNIA
Docket 9
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Michael Vasquez Represented By Chirnese L Liverpool
Movant(s):
Credit Union of Southern California Represented By
Karel G Rocha
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: ANCHOR FUND, LLC
Docket 47
NONE LISTED -
Trustee has filed a notice of proposed abandonment with regard to this property. Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Prime Realty Management LLC Represented By Hayk Grigoryan Glenn C Kelble
Movant(s):
Anchor Loans, LLC Represented By Glenn C Kelble
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 10
10/8/19 - Richard Bauer, (562) 661-5132 has been approved for telephonic appearance on 10/15/19 @ 10AM
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Joseph Anthony Reno Represented By
Rabin J Pournazarian
Movant(s):
Toyota Motor Credit Corporation Represented By
Erica T Loftis Pacheco
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: WILSHIRE CENTER, INC.
Docket 16
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Peter D Na Represented By
Stephen S Smyth
Movant(s):
Wilshire Center, Inc. Represented By Christian T Kim
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: NOVASTAR, LLC
Docket 10
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):
Marion Chatmon Represented By Kenumi T Maatafale
Movant(s):
Novastar, LLC Represented By Kelly Sweeney
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: PLATINUM LOAN SERVICING, INC.
Docket 170
NONE LISTED -
Deny without prejudice. There is equity above and beyond all liens against the property and there is no evidence that the property is declining in value. The accrual of interest does not count as a decline in value.
Calculating equity for the purpose of section 362(d)(2)(A) is different from calculating equity for the purpose of adequate protection. In the context of adequate protection, the court takes closing costs into consideration. For the purpose of determining whether there is equity under section 362(d)(2)(A), equity need not be established.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat James R Felton
Movant(s):
Platinum Loan Servicing, Inc. Represented By Lewis R Landau
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
10:00 AM
MOVANT: CREDITOR SAMI NAFOOSI
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Vregh Amirian Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
MOVANT: ADMIRE CAPITAL LENDING, LLC. fr. 8-13-19
Docket 108
10/8/19 - Nami Kang, (310) 785-0885 has been approved for telephonic appearance on 10/15/19 @ 10:30AM
10/15/19 - Victor Sahn, (213-626-2311, has been approved for telephonic appearance on 10/15/19 @ 10:30AM
Tentative Ruling for August 13, 2019:
Is there any evidence in the motion as to the value of the debtor's interest in the property? The movant bears the burden of proof on this issue.
Did the Court ever make a determination that this is single asset real estate case? The blank for the date of such a determination has been left blank in the motion. If the debtor owns an interest in the property rather than title to the entire property, is this case really a single asset real estate case?
Although section 362(d)(3) by its terms applies in chapter 7, the Court has been unable to locate a single case that has relied upon this section to grant relief from the automatic stay in a chapter 7 case. Courts have held that modification or conditioning of the automatic stay is the more appropriate remedy inasmuch as granting relief from stay (or annulling the stay) would interfere with the trustee's efforts to sell the property (or, in this case, the
10:30 AM
debtor's interest in the property).
Trustee has been making diligent efforts to liquidate the estate's interest in the collateral. Continue hearing for approximately 90 days to give trustee a further opportunity to consummate a transaction.
Final Ruling for August 13, 2019:
Continue hearing to October 15, 2019 at 10:30 a.m. Movant should file and serve brief as to whether or not this is Single Asset Real Estate not later than September 3, 2019. Any opposition to such a determination must be filed and served by September 17, 2019. Trustee should file and serve a status report not later than October 1, 2019.
Tentative Ruling for October 15, 2019:
The trustee concedes that the property is single asset real estate and the court therefore so finds. Therefore, if the trustee has not commenced making payments in the amount required by section 362(d)(3) within 30 days after the entry of an order to this effect, the Court needs to grant some form of relief from stay, which may include terminating, modifying or conditioning the stay. The Court will condition continuation of the automatic stay beyond this 30-day period on the trustee's filing not later than 60 days thereafter a motion for authority to sell the property and consummating a sale of the property within 90 days after entry of an order approving the sale.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Movant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Trustee(s):
Wesley H Avery (TR) Represented By
10:30 AM
Varand Gourjian
10:30 AM
MOVANT: BENJAMIN AN fr. 7-30-19, 8-13-19
Docket 93
10/8/19 - Nami Kang, (310) 785-0885 has been approved for telephonic appearance on 10/15/19 @ 10:30AM
10/15/19 - Victor Sahn, (213-626-2311, has been approved for telephonic appearance on 10/15/19 @ 10:30AM
7/15/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JULY 30, 2019.
Tentative Ruling for August 13, 2019:
There is no evidence in the motion as to the value of the property. Movant bears the burden of proof on the issue of the debtor's equity in the property. According to the trustee, there is insurance and adequate equity to provide adequate protection. Therefore, movant is not entitled to relief under either section 362(d)(1) or 362(d)(2).
Although there were prior bankruptcy filings, the instant bankruptcy case was brought as an involuntary case by a creditor and was not part of the debtor's scheme to hinder, delay or defraud creditors. Therefore, the motion should be denied under section 362(d)(4) as well.
10:30 AM
Continue hearing for approximately 90 days to see how much progress the trustee is able to make in his efforts to liquidate assets of the estate.
Final Ruling for August 13, 2019:
Continue hearing to October 15, 2019 at 10:30 a.m. Movant should file and serve by September 3, 2019 any supplemental papers re value of property and whether movant's interest is adequately protected. Trustee can file and serve any supplemental response by September 17, 2019.
Tentative Ruling for October 15, 2019:
Court has not received any supplemental briefing on this motion. Deny motion without prejudice.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Movant(s):
Benjamin An Represented By
Steven J Barkin
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
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, 12-11-18, 1-8-19, 3-12-19, 4-2-19, 6-11-19,
7-30-19
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
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? 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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Revisit status of action after conclusion of hearing on matter no. 209.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time.
Tentative Ruling for April 2, 2019:
Revisit status of action after conclusion of hearing on related matters on calendar.
2:00 PM
Tentative Ruling for June 11, 2019:
For reasons set forth in tentative ruling for matter no. 7, strike Baker's answer to complaint and enter judgment for plaintiff and take status conference off calendar. Plaintiff should lodge proposed form of judgment.
Final Ruling for June 11, 2019:
Court held that it would be more appropriate for plaintiff to file a motion for default judgment once Baker's answer has been stricken than for the court to grant summary judgment summarily. Court extended deadline for plaintiff to file motion for default judgment to December 2, 2019.
What is the status of this matter? What progress has been made with regard to the turnover of records from the neutral expert to the plaintiff? Hearing required.
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 Douglas M Neistat Michael J Conway
Trustee(s):
Sam S Leslie (TR) Represented By
2:00 PM
Carolyn A Dye
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, 11-27-18, 1-29-19, 4-30-19, 8-13-19
Docket 1
10/8/19 - Cliff Davidson, (503) 243-1653 has been approved for telephonic appearance on 10/15/19 @ 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?
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.
Tentative Ruling for April 30, 2019:
Action has been stayed by defendants' bankruptcy filings. How does the trustee intend to proceed in this matter?
Tentative Ruling for October 15, 2019:
Is this action still stayed? How does trustee intend to proceed in this matter?
Debtor(s):
Lite Solar Corp. Represented By
2:00 PM
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
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
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, 11-27-18, 1-29-19, 4-30-19, 8-13-19
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.
Tentative Ruling for January 29, 2019:
2:00 PM
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
Court has now approved trustee's application to employ special counsel in this action. Court now needs the information requested on the joint status report form.
Tentative Ruling for August 13, 2019:
According to the status report, parties will be filing cross motions for summary judgment. Continue status conference to date that can serve as date of hearing on motions for summary judgment.
Final Ruling for August 13, 2019:
Continue hearing to October 15, 2019 at 2:00 p.m. Parties will not be required to file status report in connection with October 15 status conference.
Tentative Ruling for October 15, 2019:
What is the status of this matter? What, if anything, has transpired since the last status conference? 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
2:00 PM
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al
fr. 10-2-18, 10-23-18, 11-27-18, 1-29-19, 4-30-19, 8-13-19
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
2:00 PM
Continue status conference approximately 90 days at trustee's request to date of continued hearing in related matters.
Tentative Ruling for August 13, 2019:
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Final Ruling for August 13, 2019:
Continue status conference to October 15, 2019 at 2:00 p.m. Parties should file joint status report not later than October 1, 2019. Court will wait to set dates as trustee has not yet employed counsel.
Tentative Ruling for October 15, 2019:
Has trustee filed employment application? Continue status conference and order parties to complete a day of mediation prior to date of continued status conference.
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
2:00 PM
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) Represented By Eric P Israel Aaron E de Leest
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, 11-27-18, 1-29-19, 4-30-19, 8-13-19
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.
Tentative Ruling for January 29, 2019:
How does the trustee intend to proceed in this matter?
Tentative Ruling for April 30, 2019:
Continue status conference approximately 90 days at trustee's request to date of continued hearing in related matters.
2:00 PM
Tentative Ruling for August 13, 2019:
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Final Ruling for August 13, 2019:
Continue status conference to October 15, 2019 at 2:00 p.m. Parties should file joint status report not later than October 1, 2019. Court will wait to set dates as trustee has not yet employed counsel.
Tentative Ruling for October 15, 2019:
Has trustee filed employment application? Continue status conference and order parties to complete a day of mediation prior to date of continued status conference.
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
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:18-01430 Leslie (TR) v. Alaberdyan
fr. 2-12-19, 2-26-19, 6-4-19, 8-13-19
Docket 1
NONE LISTED -
1/18/2019 -- Court approved stipulation extending deadline to respond to complaint to January 23, 2019.
1/28/19 -- Court approved stipulation continuing status conference to February 26, 2019 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 12,
2019.
Tentative Ruling for February 26, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
2/27/19 -- Court signed scheduling order with following dates: Cont'd status conference -- June 4, 2019 at 2:00 p.m.
L/D to file joint status report -- May 21, 2019 L/D to complete mediation -- June 4, 2019
L/D to lodge order appointing mediators -- Marchy 18, 2019 3/20/19 -- Court approved order appointing mediators.
5/3/19 -- Court approved stipulation continuing hearing to August 13, 2019 at
2:00 PM
2:00 p.m. OFF CALENDAR FOR JUNE 4, 2019.
6/17/19 -- Court approved stipulation continuing status conference to October 15, 2019 at 2:00 p.m. and deadline to complete mediation to October 14,
2019. OFF CALENDAR FOR AUGUST 13, 2019.
9/17/19 -- Court approved stipulation continuing status conference to January 28, 2020 at 2:00 p.m. and deadline to complete mediation to January 13,
2020. OFF CALENDAR FOR OCTOBER 15, 2019.
Debtor(s):
Levon Isadzhanyan Represented By Khachik Akhkashian
Defendant(s):
Nina Alaberdyan Represented By Stella A Havkin
Plaintiff(s):
Sam S Leslie (TR) Represented By Brandon J Iskander
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:19-01139 Gonzalez v. De La Madrid et al
fr. 7-16-19
Docket 1
Amended Complaint filed 7/29/19 Another summons issued 7-31-19
9/4/19 - Default entered against Eliza Villareal 9/4/19 - Default entered against Martha Lizeth Perez
9/17/19 - Default entered against Danniel De La Madrid
Set deadline for plaintiff to file motion for default judgment against all defendants. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Danniel De La Madrid Represented By Chad T Pratt
Llamas Estates, LLC Pro Se
2:00 PM
Muziknewum Nevada Irrevocable Pro Se
Castizo Holdings, LLC Pro Se
Eliza Villareal Pro Se
Martha Lizeth Perez 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#: 2:19-01078 Dye v. Villatoro et al
FR. 5-28-19
Docket 1
NONE LISTED -
Tentative Ruling for May 28, 2019:
Will parties be stipulating to vacate the default of defendant Escobar? Set discovery cutoff for late October, 2019. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
Final Ruling for May 28, 2019:
Continue status conference to October 15, 2019 at 2:00 p.m. Parties should file joint status report by October 1, 2019. (Parties report that they think they have settled the matter and that the trustee will be filing a 9019 motion.)
Tentative Ruling for October 15, 2019:
Court approved compromise pursuant to which $40,000 of $62,000 was paid as a down payment and the balance was to be paid over 4 months. Have the required settlement payments been made? Where is the status report that should have been filed on October 1, 2019? Hearing required.
2:00 PM
Debtor(s):
Julio Villatoro Represented By Julie J Villalobos
Defendant(s):
Maria Villatoro Represented By Marcella Lucente
Julio Villatoro Represented By Marcella Lucente
Aldolfo Escobar Pro Se
Joint Debtor(s):
Maria Villatoro Represented By Julie J Villalobos
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez
Docket 1
NONE LISTED -
(Unilateral status reports are to be accompanied by a declaration.)
Explain to defendant the consequences of failing to participate in preparation of joint status report and failure to comply with local rules. Does defendant intend to employ counsel to represent him in this matter or will he be representing himself? Hearing required.
Debtor(s):
Walter Steven Nevarez Represented By Richard A Avetisyan
Defendant(s):
Walter Steven Nevarez Pro Se
Plaintiff(s):
Elizabeth K.. Beaver Recovable Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01274 First National Bank Of Omaha v. Cuadras
Docket 1
NONE LISTED -
ACTION DISMISSED. OFF CALENDAR.
Debtor(s):
Arturo Cuadras Represented By Joseph Collier
Defendant(s):
Arturo Cuadras Pro Se
Plaintiff(s):
First National Bank Of Omaha Represented By Cory J Rooney
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01224 Time Warner Cable Pacific West LLC v. Figueroa et al
Docket 23
NONE LISTED -
Proof of service attached to the motion was not signed. It does not appear that the motion itself was properly served.
It does, however, appear that the summons and complaint were properly served. Notwithstanding the address on the docket (which was input by debtor or debtor's counsel), the proof of service attached to the summons and complaint reflects that it was served on debtor's correct address (see attachment to proof of service). The proof of service attached to the motion for default judgment shows the same thing (see attachment to proof of service).
The motion is not well taken and should be denied on both substantive and procedural grounds.
Debtor(s):
Joel De Jesus Figueroa Represented By Daniel A DeSoto
Defendant(s):
Joel De Jesus Figueroa Pro Se
Ana Figueroa Pro Se
2:00 PM
Joint Debtor(s):
Ana Miriam Figueroa Represented By Daniel A DeSoto
Movant(s):
Joel De Jesus Figueroa Pro Se
Ana Figueroa Pro Se
Plaintiff(s):
Time Warner Cable Pacific West Represented By
Nelson R Boylan
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01017 Bradley D. Sharp, Chapter 7 Trustee v. Global Merchant Cash, Inc.
Docket 18
NONE LISTED -
8/12/19 -- Court approved stipulation continuing hearing to October 15, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
10/4/19 -- Court approved stipulation continuing hearing to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 15, 2019.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Defendant(s):
Global Merchant Cash, Inc. Represented By Menachem Piekarski
Movant(s):
Global Merchant Cash, Inc. Represented By Menachem Piekarski
Plaintiff(s):
Bradley D. Sharp, Chapter 7 Trustee Represented By
Elissa Miller
2:00 PM
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
Adv#: 2:19-01224 IMAGIC, INC, v. Dong
Docket 22
NONE LISTED -
Even if there is something in the contract that the court was unable to find that required defendant to spend the money obtained from plaintiff for expenses related to fulfilling the contract, breach of contract does not give rise to a nondischargeable liability. Plaintiff represents that a private investigator found out that defendant never had any contact with JYP or Got7, but there is no admissible evidence of this in the motion. Absent admissible evidence that the defendant's representations were false when made, there is no claim here. Continue hearing to give plaintiff an opportunity to provide at least a declaration from private investigator setting forth his/her findings.
Debtor(s):
XU DONG Represented By
Alice Lin
Defendant(s):
Xu Dong Pro Se
Movant(s):
IMAGIC, INC, Represented By Young H Bae
Plaintiff(s):
IMAGIC, INC, Represented By Young H Bae
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01224 IMAGIC, INC, v. Dong
fr. 9-17-19
Docket 1
8/26/19 - Default entered against Defendant Xu Dong.
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):
XU DONG Represented By
Alice Lin
Defendant(s):
Xu Dong Pro Se
Plaintiff(s):
IMAGIC, INC, Represented By Young H Bae
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01007 Flores et al v. East Coast Foods, Inc. d/b/a Rosdoe's House o
fr. 6-11-19, 8-7-19
Docket 1
NONE LISTED -
Tentative Ruling for June 11, 2019:
Parties attended mediation that produced a settlement. A hearing on the 9019 motion is currently set for August 7, 2019 at 11:00 a.m. Continue status conference to August 7, 2019 at 11:00 to be heard concurrently with 9019 motion. OFF CALENDAR FOR JUNE 11, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for August 7, 2019:
Revisit status of action after conclusion of hearing on motion for approval of compromise.
10/8/19 -- Parties signed and filed a stipulation re dismissal with prejudice and claim that no order dismissing is necessary. OFF CALENDAR. DIRECT
2:00 PM
CLERK TO CLOSE ADVERSARY PROCEEDING. NO APPEARANCE REQUIRED.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Defendant(s):
Roscoe's Intellectual Properties, Pro Se
Waffle Plaza Properties, Inc. Pro Se
Adriana Terrones Pro Se
Amusement Foods, Inc. Pro Se Shoreline Foods, Inc. d/b/a Roscoe's Pro Se Freeway Foods, Inc. d/b/a Roscoe's Pro Se East Coast Foods, Inc. d/b/a Pro Se Lizbeth Jalilian aka Lisa Hernandez Pro Se
Plaintiff(s):
Daniel Flores Pro Se
Dominique Spears Pro Se
Jose Duarte Pro Se
Maurice Faber Pro Se
Ettieonne Cook Pro Se
Toiva McKenzie Pro Se
Arthur Moncayo Pro Se
2:00 PM
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 Michael Simon Timothy W Evanston
10:00 AM
Docket 12
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):
Phyllis America Haynes Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 258
10/7/19- Stella Havkin, (818) 999-1568 (ext. 1) has been approved for telephonic appearance on 10/16/19 @ 10AM
Grant motion. Approve compromise. Appearances waived. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Onebada, 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 80
NONE LISTED -
10/11/19 -- Court entered order denying motion as moot. Case has already been dismissed.
Debtor(s):
Buzzard Guard, LLC Represented By Lionel E Giron
Crystle Jane Lindsey
10:00 AM
Docket 55
NONE LISTED -
The Court has a variety of questions concerning this motion:
Why wasn't this brought on an emergency basis?
Why does motion represent that no one is owed more than $10,000? What is the significance of this figure?
Motion seeks ratification of any inadvertent payments of prepetition wages. Were there any? If so, when, how much and to whom?
Does movant seek authority to permit outstanding prepetition paychecks to clear? This is not permissible. Accounts on which checks were written (if they are debtor's account and not third party such as ADP) must be closed.
Hearing required.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Docket 1
10/11/19 - Amelia Guisinger, (310)640-3070 x 2131, has been approved for telephonic appearance on 10/16/19 @ 10am
What is the status of this case? What issues does the chapter 7 trustee anticipate he or she will encounter? Hearing required.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
10:00 AM
Docket 1
10/4/19 - Jessica Bagdanov, (818)827-9000, has been approved for telephonic appearance on 10/16/19 @ 10am
10/15/19 - Ariella Simonds, (310)407-4039, has been approved for telephonic appearance on 10/16/19 @ 10am.
10/15/19 - Reed Waddell, (323)658-9612, has been approved for telephonic appearance on 10/16/19 @ 10am.
Is debtor current on the rents due under its leases? Set bar date and deadline for service of notice of bar date. Continue case status conference for approximately 90 days.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
10:00 AM
Approving Form Of Asset Purchase Agreement For Prospective Buyers To Use;
Approving Auction Sale Format, Bidding Procedures, And Bidding Qualification Requirements
Approving Form Of Notice To Be Provided To All Creditors And Interested Parties
Scheduling A Court Hearing To Consider Approval Of The Sale To The Highest Bidder
Docket 64
10/15/19 - Ariella Simonds, (310)407-4039, has been approved for telephonic appearance on 10/16/19 @ 10am.
10/15/19 - Reed Waddell, (323)658-9612, has been approved for telephonic appearance on 10/16/19 @ 10am.
Why do we need a bidding order if there is more than one qualified bidder at the auction? Should the deadlines be 3 business days before the auction instead of 5? Hearing required.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
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, 12-12-18, 4-10-19, 10-9-19
Docket 1
7/2/19 - Matter rescheduled to October 16, 2019 @ 11am
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.
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?
Tentative Ruling for April 9, 2019:
Has debtor now made any of the March payments due secured creditors or the February and March payments due unsecureds? When are the April payments due? What is the status of debtor's efforts to clarify amounts due Wells Fargo?
Hearing required.
Tentative Ruling for October 16, 2019:
The Court is confused by the entry on the debtor's report fro Wells Fargo (now Fay Servicing). Has the debtor paid the June 2019 payment? Has the debtor paid any of the payments due for August, September and October 2019 for this lender? The Court has the same questions with regard to the two Pennymac (now SN Servicing) unsecured claims.
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
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, 8-8-18, 11-6-18, 12-4-18, 2-26-19, 4-9-1, 8-14-19,
8-15-19
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.
11:00 AM
Tentative Ruling for August 8, 2018:
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 effective in the near future.
Final Ruling for December 4, 2018:
Court entered order dated December 11, 2019, continuing case status conference to February 26, 2019 at 2:00 p.m and providing that, if trustee does not receive from reorganized debtor sufficient funds to enable trustee to make all payments then due under confirmed plan by 4:00 p.m. on February 19, 2019, the trustee must declare a default under the plan and invoke the plan provisions that apply in the event of a default. Court directed trustee to file and serve an updated status report not later than February 19, 2019.
Tentative Ruling for February 26, 2019:
Has the trustee declared a default under the plan? If not, why not and when will the trustee declare a default under the plan? When will the trustee employ a broker to market the property? Hearing required.
11:00 AM
Final Ruling from February 26, 2019:
Continue case status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with status conference in adversary proceeding to recover alleged overpayment. Trustee should file updated status report not later than March 29, 2019. (Trustee has discovered that debtor took out another loan secured by the property for $500,000.)
Tentative Ruling for April 9, 2019:
Reorganized debtor paid the trustee $175,000, which the trustee believes is sufficient to consummate the plan. When does the trustee anticipate that she will be in a position to make the required plan disbursements?
Tentative Ruling for August 15, 2019:
Continue status conference to October 16, 2019 at 11:00 a.m. Trustee should file updated status report not later than October 7, 2019.
APPEARANCES WAIVED ON AUGUST 15, 2019.
Tentative Ruling for October 16, 2019:
Continue case status conference to November 6, 2019 at 10:00 a.m. to be heard concurrently with trustee's motion for final decree. Appearances waived on October 16, 2019.
Debtor(s):
Arroyo Vision Care, LLC Represented By Michael R Totaro
Trustee(s):
Elissa Miller (TR) Represented By David M Goodrich
11:00 AM
Asa S Hami Daniel A Lev
11:00 AM
Docket 206
NONE LISTED -
Final Ruling from June 19, 2019:
Continue hearing to July 31, 2019 at 10:00 a.m. Court needs to ascertain whether debtor is current on payments on secured claim and how much more is due on the unsecured portion of creditor's claim.
Tentative Ruling for July 31, 2019:
Debtor now reports that she is current with regard to the secured claim, with the exception of $336.80 due from the June 2019 payment and $2,765 due from the July 2019 payment (for total past due payments of $3,101.80) and that, with regard to the unsecured portion of the claim, she has paid a total of
$2,573.17, leaving an unpaid balance for the claim of $4,925. (This payment total includes two payments of $400 each that debtor intended for the unsecured portion of the claim, but asserts that lender applied against secured portion.) It does not include two payments of $400 that were returned to the debtor based on an invalid address.
Overrule evidentiary objections. Lender asserts that debtor should not get double credit, treating the payments that she intended to be applied to the unsecured claim as having been paid on account of both the unsecured and the secured claims, but a review of the debtor's chart of payments on account of the secured claims does not reflect these two misdirected $400 payments.
With regard to the debtor's failure to file the document in a timely manner,
11:00 AM
court is prepared to give the lender additional time to respond if the debtor's belated filing deprived the lender of the time that it needed to do the required research.
Lender claims that the debtor is currently past due for the months of May through July 2019 on the secured claim, for a total of 3x $2,765, less
$1,631.33 held in suspense, for a balance of $6,663.67. Lender claims that there is a total due with regard to the unsecured claim of $4,925.01. As this is a penny off from the debtor's calculations, there does not appear to be a meaningful dispute with regard to the unsecured claim.
Debtor needs to supply the separate dollar amounts and check numbers of each partial payment when she made more than one payment in a given month so that the lender can attempt to track these payments. Lender should annotate debtor's schedule to reflect where there are differences. Court will not do the comparison for the parties. Once debtor supplies the missing information, lender will need to identify for the court which of the payments identified by the debtor it denies receiving and which payment amounts it contends are wrong (by annotation on the debtor's chart) so that the court can determine what the actual issues to be resolved are and where additional evidence may be required. Also, the court needs additional information as to the basis for each party's contentions as to the appropriate payment amounts. Do these numbers come from the plan? Does the plan establish a fixed payment amount or a variable interest rate? Were notices sent to the debtor when there were increases?
Hearing required.
Final Ruling from July 31, 2019:
Continue hearing to 11:00 a.m. on August 28, 2019. By August 1, debtor will file an updated chart that has totals on the bottom. For months in which debtor made more than one payment, debtor should breakout the amount of each payment and provide check numbers (if payments were made by check). By August 21, 2019, Lender should file and serve its response.
Lender should annotate the debtor's chart, identify any payments that it did ot receive, update its calculations and be able to reconcile amounts shown on its
11:00 AM
online system. Court disallowed request for attorneys' fees, as claim is undersecured, but will permit reimbursement for advances for insurance and taxes, if there are any. (Debtor handed lender's counsel check for $492.50 as a payment toward the unsecured claim for the second quarter of 2019.
Debtor will make payments from this point forward on the unsecured claim in amounts at least equal to the payments contemplated by the plan at least quarterly.
Tentative Ruling for August 28, 2019:
In Suarez declaration, lender contends that there are three post-confirmation monthly mortgage payments due, but lender identifies these payments as being for the months of June 2019 through July 2019, which is two months. Later in the attachments, it appears that August 2019 is the missing third month. Is this correct?
At prior hearing, it appeared that there were no remaining disputes as to the amounts paid on account of the unsecured claim. With regard to the secured portion of the claim, the parties agreed that the basis of the disagreement between them was the uncertainty (and difficulties in calculation) arising from the changes in the payments due for the escrow account and any advances made by the lender for real estate taxes and insurance.
Debtor's calculation showed a payment of $1,000 on August 6, 2019. Lender had not received this payment as of the time it filed its latest round of declarations. Has this payment shown up? If not, was this amount deducted from the debtor's bank account?
Debtor acknowledged that there was a $2,200 payment that was returned to the debtor. Was this still included in the debtor's calculations?
In a number of instances, the lender has reported that the amount of a payment reflected on the debtor's chart is overstated by a few dollars (for example, $15 on January 7, 2016; $6.40 on February 10, 2016 and $26.44 on June 14, 2016). Does debtor have bank statements or other evidence to support her contentions with regard to the amount of these payments?
11:00 AM
With the exception of the missing $1,000 payment and the discrepancies identified in the preceding paragraph, does the debtor disagree with the lender's calculations in any respect?
Hearing required.
9/17/19 -- At hearing held this date, Court continued this matter to October 16, 2019 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 3, 2019.
Tentative Ruling for October 16, 2019:
What has happened since the last hearing? What is the debtor's game plan with regard to the future of this case? Hearing required.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
Movant(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
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,
9-26-18, 3-20-19, 5-1-19, 6-19-19, 7-31-19, 8-28-19, 10-3-19
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:
11:00 AM
Continue hearing to June 15, 2016 at 11:00 a.m. Reorganized debtor should 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:
11:00 AM
According to coversheet to status report, payments to BNY Mellon and 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.
Tentative Ruling for March 20, 2019:
Court previously disallowed the unsecured portion of secured creditors' claims due to their failure to provide correct mailing address information, but their secured claims remain as liens against the debtor's property. Does the debtor agree with the information contained in secure creditors' notice regarding failure to make post-petition plan payments on their secured claims?
Hearing required.
Tentative Ruling for May 1, 2019:
Debtor filed a motion for a final decree on negative notice on April 16, 2019. Continue hearing to June 19, 2019 at 11:00 a.m. to give the court an
11:00 AM
opportunity to process motion for final decree. Appearances waived on May 1, 2019. (Once notice period for motion has passed, debtor should file a declaration attesting to the fact that she hasn't received any oppositions, if this is the case, and asking that the Court issue a final decree. If anyone files an opposition to the motion, debtor should notice a hearing on the opposition to her motion.)
Tentative Ruling for August 28, 2019:
Revisit status of case after conclusion of related matters on calendar.
9/17/19 -- At hearing held this date, Court continued this matter to October 16, 2019 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 3, 2019.
Tentative Ruling for October 16, 2019:
What has happened since the last hearing? What is the debtor's game plan with regard to the future of this case? Hearing required.
Debtor(s):
Tabitha A. Joiner Represented By
Thomas E Kent - SUSPENDED BK -
2:00 PM
Docket 292
NONE LISTED -
Grant application. Allow on interim basis fees of $105,493 and costs of $341.74. 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):
Regdalin Properties, LLC Represented By Henrik Mosesi
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
2:00 PM
[Fees requested: $380,630.50, Expenses: $2,999.92]
Docket 294
NONE LISTED -
Grant application. Allow on interim basis fees of $380,630.50 and costs of $2,999.92. 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):
Regdalin Properties, LLC Represented By Henrik Mosesi
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
2:00 PM
Docket 1
NONE LISTED -
Tentative Ruling for January 10, 2019:
Discuss with trustee why he believes that keeping this case in chapter 11 makes more sense than converting the case to chapter 7. When does trustee think he will have all of the appropriate insurance coverages in place? Continue status conference for approximately 90 days.
Final Ruling for January 10, 2019:
Continue hearing to April 10, 2019 at 11:00 a.m. Trustee should file updated status report by April 1, 2019.
Tentative Ruling for April 10, 2019:
Court has reviewed the trustee's updated status report. Set continued status conference for July 17, 2019 at 11:00 a.m. Trustee should file updated status report by July 8, 2019. Waive appearances on April 10, 2019.
Tentative Ruling for July 17, 2019:
Has the sale of the Alondra property now closed? If not, what is the status of that sale?
What is the status of the proposed sale of the Anderson property? Has the financing contingency period passed?
2:00 PM
Continue status conference approximately 90 days. Should the court set bar date and deadline for serving/publishing notice of bar date?
Tentative Ruling for October 16, 2019:
Court has reviewed trustee's status report. Continue case status conference to January 15, 2020 at 11:00 a.m. Trustee should file and serve updated status report not later than January 3, 2020. Appearances waived on October 16, 2019.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
10:00 AM
[Fees requested: $69197.66, Expenses: $1113.40]
Docket 122
NONE LISTED -
Continue hearing to give applicant to file an amended application that addresses the concerns raised by the United States Trustee. Further, inasmuch as there appear to be significant factual disputes between debtor and counsel as to such matters as whether billing statements were sent, whether misrepresentations were made and whether counsel performed services in a competent manner, it appears that an evidentiary hearing may be required. Discuss schedule for these matters with the parties.
9/11/19 -- Court approved order appointing mediators.
10/15/19 -- Court approved stipulation continuing hearing to December 5, 2019 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 15, 2019.
Debtor(s):
Golden Vista Construction Inc Represented By Jason Wallach
Movant(s):
Stephen L. Burton Represented By Stephen L Burton
Randolph L Neel Represented By Stephen L Burton
10:00 AM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
10:00 AM
Adv#: 2:18-01023 Cunjak v. Garcia
fr. 4-3-18, 7-17-18, 0-2-18, 11-27-18, 2-26-19, 4-16-19, 7-2-19
Docket 1
NONE LISTED -
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
10:00 AM
Docket 5
NONE LISTED -
Provided service is adequate, authorize debtor to use cash collateral generated by each piece of property solely for the purpose of paying insurance, real property taxes, operating expenses and mortgage with regard to that property. Grant motion on an interim basis, authorizing use of cash collateral in an amount sufficient to enable debtor in possession to operate through the date of final hearing (to be calculated at hearing) in accordance with budget plus a 15 percent variance. All lenders shall receive replacement lien on post-petition assets, other than avoiding power actions, 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 on motion.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
Movant(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
Docket 9
NONE LISTED -
Authorize debtor to pay prepetition wages and honor prepetition benefits for its employees up to an aggregate of priority amount per employee, excluding insiders. Deny motion with regard to amounts due Aerotek. These amounts are do not qualify for treatment as priority wages. Payments are not due the employees; they are due the agency who employs them (who will pay them whether or not they receive money from the debtor). Debtor needs to either seek authority to pay Aerotek as a critical vendor or, if there is a contract between the debtor and Aerotek, debtor could assume contract and pay arrearages due in connection with assumption.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
Movant(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
Docket 8
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):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
Movant(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
10:00 AM
Docket 1131
7/2/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 11/6/19 @ 10am
Debtor(s):
Morry Waksberg MD Represented By
Steven Karlton Kop - DISBARRED - 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 826
7/2/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 11/6/19 @ 10am
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
MOVANT: CENLAR FSB AS SERVICER FOR MORGAN STANLEY PRIVATE BANK, NATIONAL ASSOCIATION
fr. 10-1-19
Docket 128
10/2/19 - R. Gibson Pagter, (714)541-6072x 221, has been approved for telephonic appearance on 11/5/19 @ 10am
Tentative Ruling for October 1, 2019:
The motion is too cute by half. The valuation from the debtor's schedules of
$75,000 is obviously inaccurate. Perhaps this was the debtor's estimate of the net equity value. The real property, even if entirely unimproved, would be significantly more than that in 90068 and no lender would have advanced more than $2,000,000 in connection with a piece of property worth $75,000.
The response includes a valuation figure that is arguably admissible as an admission by a party opponent, in that movant is acting on behalf of Morgan Stanley Private Bank and the admission is by an agent of Morgan Stanley Private Bank. According to Ms. Hernandez, Morgan Stanley values the property at $4.3 million.
At this value, there is a large equity cushion sufficient to provide adequate protection and the estate has equity in the property. There is no evidence that the property is declining in value. Therefore, motion should be denied.
10:00 AM
Final Ruling for October 1, 2019:
Continue hearing to Novmeber 5, 2019 at 10:00 a.m. Movant should file and serve supplemental declaration with appraisal not later than October 22, 2019. Oppositions will be due by October 29, 2019.
Tentative Ruling for November 5, 2019:
Trustee has filed a notice of proposed abandonment, but oppositions to that notice have been filed. Movant did not file supplemental declaration. Deny motion without prejudice. Movant will obtain relief if property is abandoned.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Movant(s):
Cenlar FSB as servicer for Morgan Represented By
Merdaud Jafarnia
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
MOVANT: BENJAMIN AN
fr. 7-30-19, 8-13-19, 10-15-19
Docket 93
10/29/19 - Nami R Kang , (310) 785-0885, has been approved for telephonic appearance on 11/05/19 @ 10:00AM
7/15/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JULY 30, 2019.
Tentative Ruling for August 13, 2019:
There is no evidence in the motion as to the value of the property. Movant bears the burden of proof on the issue of the debtor's equity in the property. According to the trustee, there is insurance and adequate equity to provide adequate protection. Therefore, movant is not entitled to relief under either section 362(d)(1) or 362(d)(2).
Although there were prior bankruptcy filings, the instant bankruptcy case was brought as an involuntary case by a creditor and was not part of the debtor's scheme to hinder, delay or defraud creditors. Therefore, the motion should be denied under section 362(d)(4) as well.
Continue hearing for approximately 90 days to see how much progress the
10:00 AM
trustee is able to make in his efforts to liquidate assets of the estate.
Final Ruling for August 13, 2019:
Continue hearing to October 15, 2019 at 10:30 a.m. Movant should file and serve by September 3, 2019 any supplemental papers re value of property and whether movant's interest is adequately protected. Trustee can file and serve any supplemental response by September 17, 2019.
Tentative Ruling for October 15, 2019:
Court has not received any supplemental briefing on this motion. Deny motion without prejudice.
Final Ruling for October 1, 2019:
Continue hearing to Novmeber 5, 2019 at 10:00 a.m. Movant should file and serve supplemental declaration not later than October 23, 2019. Oppositions will be due by October 30, 2019.
Tentative Ruling for November 5, 2019:
There is no declaration accompanying the broker's price opinion. Therefore, there is still no admissible evidence of the property's value. Deny motion without prejudice.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Movant(s):
Benjamin An Represented By
Steven J Barkin
Trustee(s):
Wesley H Avery (TR) Represented By
10:00 AM
Varand Gourjian
10:00 AM
MOVANT: MILL CITY MORTGAGE LOAN TRUST 2017-1, WILMINGTON SAVINGS FUND SOCIETY, DBA CHRISTIANA TRUST AS TRUSTEE
fr. 9-10-19, 10-1-19
Docket 13
10/29/19 - Alan Wolf , (949) 480-1764, has been approved for telephonic appearance on 11/05/19 @ 10:00AM
Tentative Ruling for September 10, 2019:
Court is confused. If movant is willing to enter into a loan modification with debtor, it will do so (and may want relief from stay to do so in any event). If movant is unwilling to enter into a loan modification, deferring the grant of relief from stay will not result in a loan modification. Debtor suggests, in the alternative, an adequate protection order, but does not offer any adequate protection. Is debtor proposing to make payments to movant during the 60- day period?
Hearing required.
Final Ruling for September 10, 2019:
Court continued hearing to October 1, 2019 at 10:00 a.m. at the parties' request to give them an opportunity to negotiate an adequate protection order.
10:00 AM
Tentative Ruling for October 1, 2019:
What, if anything, has transpired since the September 10 hearing?
Final Ruling for October 1, 2019:
At request of parties, continue hearing to November 5, 2019 at 10:00 a.m.
Tentative Ruling for November 5, 2019:
What, if anything, has transpired since the October hearing?
Debtor(s):
Rickey Trenell Jackson Jr Represented By Brian J Soo-Hoo
Movant(s):
Mill City Mortgage Loan Trust 2017 Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: AIMCO VENEZIA, LLC
Docket 10
NONE LISTED -
Grant without waiver of Rule 4001(a)(3), but with annulment.
Debtor(s):
Tannisha Denee Duncan Represented By Steven A Alpert
Movant(s):
Aimco Venezia, LLC Represented By
Linda T Hollenbeck
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
VIN 1G1JE5SB1G4148087 .
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC. DBA GM FINANCIAL
Docket 8
10/23/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 11/5/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Sandy Alatorre Represented By
D Justin Harelik
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA INC.
Docket 12
10/23/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 11/5/19 @ 10am
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Ruby Raychelle Price Johnson Represented By Raymond J Seo
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: 2017-1 IH BORROWER LP, A DELAWARE LIMITED PARTNERSHIP
Docket 14
NONE LISTED -
Motion states (in two places) that unlawful detainer action was filed on August 22, 2019 without knowledge of debtor's bankruptcy filing. This is not surprising as there was no bankruptcy as of that date. The issue is whether movant knew of the bankruptcy filing at the time of the unlawful detainer trial and entry of judgment on September 12, 2019. Declaration is silent on this issue. Declaration states that movant's attorney received an email advising him of the bankruptcy filing on September 17, but does not say that he had no prior knowledge of the filing or when he actually first learned of the bankruptcy filing. If movant would like the automatic stay annulled, continue hearing to give movant an opportunity to file supplemental declaration that actually discloses when movant first learned of the bankruptcy filing.
Debtor(s):
Phyllis America Haynes Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: IRENE ZAVALA
Docket 13
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Reyna Doris Vazquez-Encisco Represented By Raymond Perez
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
VIN #5YFBURHE9GP394275
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 8
10/29/19 - Kirsten Martniez, (213) 863-6071 has been approved for telephonic appearance on 11/5/19 @ 10AM
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Alvaro Ernesto Polanco Jr. Represented By Francis Guilardi
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: ACAR LEASIN LTD D/B/A GM FINANCIAL LEASING
Docket 9
10/23/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 11/5/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jean-Baptiste Aime Rugiero Represented By Gregory Grigoryants
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: ACAR LEASING LTD D/B/A/ GM FINANCIAL LEASING
Docket 14
10/23/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 11/5/19 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Jean-Baptiste Aime Rugiero Represented By Gregory Grigoryants
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
VIN # 1HGCR2F56FA245357
MOVANT: CONSUMER PORTFOLIO SERVICES
Docket 8
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
ALQUIN ISIP BONIFACIO Represented By Silvia Bombalier
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:19-01056 Friedman v. Navient Private Loan Trust et al
fr. 4-30-19, 7-30-19
Docket 1
10-29-19 - Dennis Winters, (714)836-1381, has been approved for telephonic appearance on 11/05/19 @ 2pm
Set discovery cutoff for approximately 90 to 120 days. Set continued status conference for approximately same time frame. When do parties anticipate that they will begin discussing the prospect of settlement? Hearing required.
5/3/19 -- Court approved scheduling order with following dates: Cont'd status conference -- July 30, 2019 at 2:00 p.m.
L/D to file joint status report -- July 16, 2019 L/D to complete discovery -- October 31, 2019
Tentative Ruling for July 30, 2019:
Does plaintiff plan to request the entry of American University's default? If not, why not?
When do the parties anticipate that they will be in a position to discuss settlement? Has a date been scheduled for medication examination?
Hearing required.
8/5/19 -- Court approved scheduling order with the following dates:
2:00 PM
Cont'd status conference -- 11/5/19 at 2:00 p.m. L/D to file joint status report -- 10/22/19
9/24/19 -- Court approved stipulation dismissing Department of Education as a defendant in adversary proceeding.
Tentative Ruling for November 5, 2019:
How optimistic are the parties that they will be able to resolve this matter consensually without the assistance of a mediator?
Set discovery cutoff for approximately 60 days and pretrial conference approximately 45 days thereafter.
Debtor(s):
Tricia Lee Friedman Represented By Heather J Canning Christine A Kingston
Defendant(s):
Navient Private Loan Trust Represented By Dennis C. Winters
The American University Pro Se
Plaintiff(s):
Tricialee Friedman Represented By Christine A Kingston
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01230 Brubaker v. Nelnet Loan Service Inc et al
fr. 9-26-18, 10-23-18, 1-15-19, 4-2-19, 5-7-19, 6-11-19, 8-13-19
Docket 1
NONE LISTED -
Set discovery cutoff for late February. Set pretrial conference for late March. Require parties to complete a day of mediation prior to date of pretrial conference.
1/25/19 -- Court approved scheduling order with following dates: L/D to file pretrial motions -- March 12, 2019
L/D to conduct discovery -- February 28, 2019 L/D to lodge pretrial order -- March 19, 2019 Pretrial conference -- April 2, 2019 at 2:00 p.m.
L/D to lodge order appointing mediator -- February 11, 2019 L/D to complete mediation -- April 2, 2019
2/12/19 -- Court approved order appointing mediators.
3/5/19 -- Court approved stipulation continuing pretrial conference to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/15/19 -- Court approved stipulation continuing pretrial conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
2:00 PM
5/31/19 -- Court approved stipulation dismissing defendant AccessLex Institute.
Tentative Ruling for June 11, 2019:
Approve pretrial order and set trial date and briefing schedule.
Tentative Ruling for August 13, 2019:
Hearing required. (The court cannot enter a judgment that doesn't actually say anything or refer to any document in the record. The way the documents are prepared, it is not possible for the court to determine what it has actually ordered.)
8/29/19 -- Court entered order resolving action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Lisa Nicole Brubaker Pro Se
Defendant(s):
Nelnet Loan Service Inc Pro Se Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Lisa Nicole Brubaker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01297 Berkhahn v. Wells Fargo Education Financial Services et al
fr. 11-27-18, 2-5-19, 5-7-19, 8-27-19
Docket 1
10/23/19 - Jennifer H. Wang, (714)431-1058, has been approved for telephonic appearance on 11/5/19 @ 2pm
11/9/18 -- Court approved stipulation discharging plaintiff's liability on Navient loan and dismissing Navient and SLM as defendants in this action.
Tentative Ruling for November 27, 2018:
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.
Final Ruling for November 27, 2018:
2:00 PM
Court continued status conference to February 5, 2019 at 2:00 p.m. Parties shall file joint status report not later than January 22, 2019.
1/9/19 -- Court granted Dept. of Education's request for stay of proceeding in light of government shutdown. Court will continue status conference from time to time until stay has been lifted.
Tentative Ruling for February 5, 2019:
Now that government has reopened, at least temporarily, what would the Department of Education like to do with the deadlines in this action? Hearing required.
2/20/19 -- Court approved scheduling order with following dates: Cont'd status conference -- May 7, 2019 at 2:00 p.m.
L/D to file updated status report -- April 23, 2019 L/D to complete discovery -- July 12, 2019
3/7/19 -- Court approved stipulation dismissing Department of Education as defendant.
5/2/19 -- Court approved stipulation resolving action as against Salander Enterprises.
Tentative Ruling for May 7, 2019:
Is Wells Fargo the only remaining defendant at this point or do other defendants remain? What is the status of the action as against the remaining defendant(s)? Discuss with parties problem of both giving the plaintiff a judgment as against a single defendant and dismissing that defendant from the action. Should the court order the remaining parties to mediation?
5/8/19 -- Court approved scheduling order with following dates: Cont'd status conference -- August 27, 2019 at 2:00
2:00 PM
L/D to file joint status report -- August 13, 2019 Discovery cutoff -- September 30, 2019
Tentative Ruling for August 27, 2019:
How optimistic are the parties that the matter will settle without the assistance of a mediator? Hearing required.
10/23/19 -- Court approved stipulation for entry of judgment. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Rachael Ann Berkhahn Represented By Sanaz S Bereliani
Defendant(s):
Wells Fargo Education Financial Pro Se Salander Enterprises, LLC, Assinee Represented By
Bonni S Mantovani
U.S. Dept of Education Represented By Elan S Levey
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#: 2:18-01326 Baumann et al v. Puentes et al
Miguel Gutierrez , VIP Real Estate Firm , Does 1- 10 fr. 1-8-19, 3-12-19, 4-9-19, 7-16-19, 7-30-19
Docket 1
NONE LISTED -
The Court will not serve a summons and complaint on any of the defendants. Once the plaintiff receives the additional/replacement/alias summons, it is the obligation of the plaintiff to serve the summons before it becomes stale.
Has an alias summons been issued? Has it been served on all remaining defendants? The parties who completed the status report both indicated that they would like this matter sent to mediation. Discuss timing of mediation with the parties.
2/11/19 -- Court granted ex parte application extending deadline for defendants Guttierez and VIP Real Estate to respond to complaint to March 8, 2019 (rather than March 11, 2019). (Order to this effect approved
February 27, 2019.)
Tentative Ruling for March 12, 2019:
Have defendants now filed answers to complaint? Parties both requested mediation. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Final Ruling for March 12, 2019:
2:00 PM
Impose sanctions on counsel for plaintiffs of $150 for failing to attend status conference. Continue status conference to April 9, 2019.
Tentative Ruling for April 9, 2019:
Set deadline for filing of amended complaint and filing of response to amended complaint. Continue status conference approximately 90 days.
Tentative Ruling for July 16, 2019:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge order on motion to dismiss. Scheduling order lodged did not contain any reference to deadlines for filing amended complaint or responding thereto. (Court instructed plaintiff to lodge order denying motion to dismiss but including deadlines for filing amended complaint and responding thereto.) Plaintiff was to file amended complaint by May 14, 2019 and defendants were to file and serve response by June 14, 2019.
Plaintiff should use LOU program for lodging orders.
Continue status conference to July 30, 2019 at 2:00 p.m. to be held concurrently with hearing on defendant's motion to dismiss first amended complaint.
8/6/19 -- Court signed order granting in part motion to dismiss and setting deadlines (see order for additional provisions):
--Complaint dismissed with prejudice as against nondebtor defendants Miguel Guitierrez, VIP Real Estate Firm, Francisco Lopez, Nohemi Felix, Sol Gonzales and Does 1 through 10.
--Motion granted with leave to amend with regard to the balance of the complaint (two causes of action only -- 523(a)(2)(A) and 523(a)(6). Only defendant should be the debtor.
--Court will not try dischargeable claims against the debtor. (Plaintiff can file a proof of claim, unless any applicable bar date has passed.)
--Plaintiff will need to substitute in as counsel someone admitted to practice in the district.
2:00 PM
--Amended complaint must be filed by August 30, 2019.
--Defendant should file and serve a response to amended complaint by September 30, 2019.
--Court will conduct continued status conference on November 5, 2019 at 2:00 p.m.
--Parties shall file joint status report by October 22, 2019, unless action has been dismissed by that time.
Tentative Ruling for November 5, 2019:
Parties report that matter has been settled. Plaintiff did not file an amended complaint by the deadline established for this purpose. DIsmiss action.
Debtor(s):
Jose Jesus Puentes Represented By
Raj T Wadhwani
Defendant(s):
Jose Jesus Puentes Represented By Jeffrey D Nadel
Miguel Gutierrez Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
VIP Real Estate Firm Represented By Jessica Rosen Rinat B Klier-Erlich June E Poyourow
Does 1- 10 Pro Se
FRANCISCO LOPEZ Pro Se
Nohemi Felix Pro Se
Sol Gonzalez Pro Se
2:00 PM
Plaintiff(s):
Chris Baumann Represented By Matthew Corsaut
Durga Baumann Represented By Matthew Corsaut
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01376 NATIONAL FUNIDNG, INC., a California v. Donohue
fr. 1-15-19, 4-16-19, 8-13-19
Docket 1
11/5/19 - James Hornbuckle, (949)499-1822, has been approved for telephonic appearance on 11/5/19 @ 2pm
Where is joint status report that should have been filed two weeks before the status conference? How long do the parties anticipate it will take to complete discovery? Is this an appropriate matter to be sent to an early mediation?
Does either party currently contemplate any pretrial motions? Hearing required.
1/18/2019 -- Court approved scheduling order setting following dates: Cont'd status conference -- April 16, 2019 at 2:00 p.m.
L/D to file joint status report -- April 2, 2019 L/D to conduct discovery -- April 30, 2019
Tentative Ruling for April 16, 2019:
Set discovery cutoff for late August, 2019. Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
4/17/19 -- Court approved scheduling order setting following dates: Pretrial conference -- August 13, 2019 at 2:00 p.m.
2:00 PM
L/D to lodge pretrial order -- July 30, 2019 L/D to complete discovery -- April 30, 2019
L/D to lodge order appointing mediator -- April 30, 2019 L/D to complete mediation -- August 13, 2019
L/D to file pretrial motions -- July 16, 2019
Tentative Ruling for August 13, 2019:
Have the parties attended a mediation? If not, why not? If the parties did not succeed in resolving this matter, where is the joint pretrial order that should have been lodged 14 days before the pretrial conference? Hearing required.
Final Ruling for August 13, 2019:
Continue pretrial conference to November 5, 2019 at 2:00 p.m. Extend deadline for parties to complete mediation to November 5, 2019. Parties are to lodge joint pretrial order by October 22, 2019. Defendant is to lodge scheduling order.
Tentative Ruling for November 5, 2019:
Impose sanctions of $150 on counsel for defendant for failing to lodge scheduling order. Impose additional sanctions of $250 each on counsel for the parties for failing to lodge pretrial order in a timely manner. Did parties complete mediation? If not, impose sanctions of $500 each on counsel for the parties for failing to complete mediation in a timely manner.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
2:00 PM
Plaintiff(s):
NATIONAL FUNIDNG, INC., a Represented By
Jennifer Eileen Duty
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01121 Little v. Navient Solutions, Inc.
fr. 7-2-19
Docket 1
NONE LISTED -
Set discovery cutoff for late October, 2019. Continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to date of continued status conference.
7/15/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- November 5, 2019 at 2:00 p.m.
L/D to file joint status report -- October 22, 2019 L/D to complete mediat6ion -- November 5, 2019
L/D to lodge order appointing mediators -- July 23, 2019. 7/29/19 -- Court approved order appointing mediators.
Tentative Ruling for November 5, 2019:
Where is the status report that should have been filed by October 22, 2019? Did the parties complete a day of mediation? If not, why not? Hearing required.
11/4/19 -- Court approved stipulation resolving adversary proceeding.
2:00 PM
Debtor(s):
Tamiko Dionne Little Represented By EmmaElizabeth A Gonzalez
Defendant(s):
Navient Solutions, Inc. Represented By Dennis C. Winters
Plaintiff(s):
Tamiko Dionne Little Represented By Leigh E Ferrin
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:19-01105 Avery v. Taylor et al
fr. 6-11-19, 7-30-19
Docket 1
NONE LISTED -
Tentative Ruling for June 11, 2019:
At request of parties, continue status conference to July 30, 2019 at 2:00 p.m. APPEARANCES WAIVED ON JUNE 11, 2019.
Tentative Ruling for July 30, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
9/24/19 -- Court approved stipulation dismissing action pursuant to compromise. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Defendant(s):
Alfred B. Taylor Pro Se
Leslie Florence Taylor Represented By
2:00 PM
Gregory Grigoryants
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee Stella A Havkin
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
2:00 PM
Adv#: 2:19-01106 Avery v. Taylor
Complaint by Wesley H. Avery against Leslie Florence Taylor fr. 6-11-19, 7-30-19
Docket 1
NONE LISTED -
Tentative Ruling for June 11, 2019:
At request of parties, continue status conference to July 30, 2019 at 2:00 p.m. APPEARANCES WAIVED ON JUNE 11, 2019.
Tentative Ruling for July 30, 2019:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
9/24/19 -- Court approved stipulation dismissing action pursuant to compromise. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Defendant(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
2:00 PM
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
2:00 PM
Adv#: 2:19-01281 Elissa D. Miller, Chapter 7 Trustee v. Chan
Docket 1
NONE LISTED -
Set date for pretrial conference. Order parties to complete a day of mediation prior to date of pretrial conference.
Debtor(s):
Vitra Optika, LLC Represented By Michael E Plotkin
Defendant(s):
Sammy Casanova Chan Pro Se
Plaintiff(s):
Elissa D. Miller, Chapter 7 Trustee Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez
Gomez
fr. 9-17-19
Docket 1
NONE LISTED -
Tentative Ruling for September 17, 2019:
Plaintiff obtained and served alias summons. Response to complaint is not due until September 26, 2019. Continue status conference to November 5, 2019 at 2:00 p.m. APPEARANCES WAIVED ON SEPTEMBER 17, 2019.
Tentative Ruling for November 5, 2019:
A status report is not required when the defendant has not responded to the complaint, and, in any event, counsel should not use Judge Zurzolo's form of status report for this judge. Counsel should also be aware that it is inappropriate for an attorney to file a declaration attesting to his personal knowledge of facts that are not within his personal knowledge. Counnsel should have prepared this declaration for his paralegal's signature.
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.
2:00 PM
Debtor(s):
David Gomez Represented By
Raj T Wadhwani
Defendant(s):
David Gomez Pro Se
Plaintiff(s):
PEOPLE OF THE STATE OF Represented By Christopher J. Harney Michael R Pinkston Maisie C. Sokolove Christine S. Hwang
S. Bradley Perkins Thomas E. Fraysse Elizabeth Medrano Peter W. Saltzman Justin T. Curley
D. Ward Kallstrom
ILWU-PMA WELFARE PLAN Represented By Christopher J. Harney Michael R Pinkston Maisie C. Sokolove Christine S. Hwang
S. Bradley Perkins Thomas E. Fraysse Elizabeth Medrano Peter W. Saltzman Justin T. Curley
D. Ward Kallstrom
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01330 Menchaca v. Ozuna et al
Docket 1
NONE LISTED -
Set discovery cutoff for late February 2020 and continued status conference for approximately same time frame. Discuss with parties whether to order completion of mediation by next status conference.
Debtor(s):
Candina Marie Ozuna Represented By
Raj T Wadhwani
Defendant(s):
Candina Marie Ozuna Pro Se
David Ozuna Pro Se
Theresa Harden Pro Se
Richard Harden Pro Se
Plaintiff(s):
John J. Menchaca Represented By David M Goodrich
Trustee(s):
John J Menchaca (TR) Represented By
2:00 PM
David M Goodrich
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 183
NONE LISTED -
Discovery cutoff has already passed. Original answers were filed more than a year ago in August of 2018. Many of the arguments that defendants seek to raise may already be raised in connection with the court's adjudication of the value of the transfer. Court will not permit the filing of a counterclaim at this late date.
Deny motion.
11/4/19 -- Court approved stipulation continuing hearing to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5, 2019.
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
2:00 PM
Andrew Edward Smyth Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Julie A Taberdo Represented By Michael A Coletti Jason L Weisberg
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
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, 12-18-18, 3-19-19, 7-16-19,
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 Sevices, 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.
Tentative Ruling for December 18, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
12/19/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- March 19, 2019 at 2:00 p.m. L/D to conduct discovery -- March 31, 2019
L/D to file joint status report -- March 5, 2019
Tentative Ruling for March 19, 2019:
Are the parties on track to complete discovery by March 31? Have they made arrangements to participate in a mediation before Meredith Jury?
Hearing required.
3/20/19 -- Court extended discovery cutoff to May 17, 2019.
Tentative Ruling for May 7, 2019:
No defaults were entered. Defendants have all answered. Certain of the parties have requested an extension of the discovery cutoff. Extend discovery cutoff to July 1, 2019. Plaintiff and Hooshim have expressed an intention to file motions for summary judgment or partial summary adjudication. Set deadline for the filing of these motions and continue status conference to date set for hearing on these motions.
2:00 PM
5/8/19 -- Court signed scheduling order with following dates:
Cont'd status conference -- July 16, 2019 at 2:00 (Court waived requirement of joint status report)
L/D for plaintiff, debtor and Alexandre Oh to file motion for summary judgment or partial summary adjudication -- May 28, 2019
Hearings on foregoing motions -- July 16, 2019 at 2:00 L/D to complete discovery -- July 1, 2019
Tentative Ruling for July 16, 2019:
Revisit status after conclusion of related matters on calendar. 7/18/19 -- Court approved scheduling order with the following dates: Cont'd status conference -- November 5, 2019 at 2:00 p.m.
L/D to file updated status report -- October 22, 2019 Discovery cutoff extended to October 15, 2019.
7/30/19 -- Court approved compromise between trustee and Hooshim pursuant to which Hooshim will be dismissed in exchange for a payment of
$36,000.
Tentative Ruling for November 5, 2019:
Set date for pretrial conference and deadline for lodging pretrial order.
11/4/19 -- Court approved stipulation continuing hearing to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5, 2019.
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 Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Julie A Taberdo Represented By Michael A Coletti Jason L Weisberg
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
2:00 PM
Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al
Docket 23
NONE LISTED -
10/18/19 -- Court approved stipulation continuing hearing to December 10, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5, 2019.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Ranbir S Sahni Represented By Leslie A Cohen
Totalis Energy, LLC Represented By Leslie A Cohen
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Aaron E de Leest
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
2:00 PM
Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al
Fr. 8-27-19, 10-1-19
Docket 1
NONE LISTED -
7/29/19 -- Court approved stipulation continuing deadline to respond to complaint to August 19, 2019 and continuing status conference to October 1, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
8/19/19 -- Court approved stipulation continuing deadline to respond to complaint to September 18, 2019 and continuing status conference to November 5, 2019 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 1, 2019.
9/17/19 -- Court approved stipulation continuing deadline for defendant to respond to complaint to October 10, 2019.
10/18/19 -- Court approved stipulation continuing hearing to December 10, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5, 2019.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
2:00 PM
Defendant(s):
Ranbir S Sahni Pro Se
Totalis Energy, LLC Pro Se
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Aaron E de Leest
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:19-01155 Avery v. Anten
Docket 13
NONE LISTED -
What were the transfers for? Was there an existing loan obligation on the company's books and records? Was this a transfer to a creditor on account of an antecedent debt? Hearing required.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Mark Anten Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01155 Avery v. Anten
fr. 7-30-19
Docket 1
7/18/19 - Default entered against Mark Anten
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):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Mark Anten Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01023 Avery v. Kim et al
Docket 20
NONE LISTED -
Tentative Ruling for October 1, 2019:
Motion reflects that this is an action to determine the validity and extent of a lien. This is not accurate. This is an action to enable the trustee to sell the entirety of a piece of property in which the estate owns only a fractional interest.
Hearing required.
Final Ruling for October 1, 2019:
Paragraph 4 is a typographical error. No proposed form of judgment was attached. Continue hearing to November 5, 2019 at 2:00 p.m. Plantiff should file and serve amended motion not later than October 15, 2019 and serve and file notice of continuance of hearing.
Tentative Ruling for November 5, 2019:
Trustee filed notice of continued hearing, but no amended motion. Deny motion without prejudice.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
2:00 PM
Victor A Sahn
Defendant(s):
Bon Koo Kim Pro Se
Youngsook Kim Pro Se
Ki Y Jang Pro Se
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01023 Avery v. Kim et al
Youngsook Kim, Ki Y Jang fr. 4-2-19, 7-2-19, 10-1-19
Docket 1
NONE LISTED -
Tentative Ruling for April 2, 2019:
In status report, trustee states that he has agreed to extend the deadline for Bon Koo Kim and Youngsook Kim to respond to the complaint until April 10, 2019. Court approval is required for such an extension. Trustee should either file a stipulation to this effect and upload order or at least upload a form of order to memorialize this extension.
Can this matter be adjudicated before the adversary proceeding on calendar as number 209 has been resolved, at least in part? How can the court determine whether there is any equity in the property and therefore whether there is any point in authorizing a sale of the property until it has determined whether any of the liens the trustee has challenged are avoidable?
Hearing required.
Final Ruling for April 2, 2019:
Continue status conference to July 2, 2019 at 2:00 p.m. Parties shall file joint status report not later than June 18, 2019.
Tentative Ruling for July 2, 2019:
2:00 PM
Trustee filed a unilateral status report. Where is the declaration that the local rules require accompany a unilateral status report?
What, if anything, is left of this action? There is a stipulation for the entry of judgment, reciting that the two defendants stipulating to judgment are the two remaining defendants. Why doesn't the status report say anything about the defaults or the stipulation? In other words, the status report does not contain any information actually relevant to the status of this action. This is problematic. Hearing required.
Tentative Ruling for October 1, 2019:
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 November 5, 2019:
Revisit status of action after conclusion of related matter on calendar.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Bon Koo Kim Pro Se
Youngsook Kim Pro Se
Ki Y Jang Pro Se
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By
2:00 PM
Varand Gourjian
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
fr. 4-2-19, 5-7-19, 8-13-19
Docket 1
9/16/19 - First Amended complaint filed.
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/25/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
Tentative Ruling for August 13, 2019:
Revisit status of action after conclusion of hearings on related matters.
8/28/19 -- Court approved stipulation authorizing plaintiff to litigate this matter on behalf of estate.
10/8/19 -- Court approved stipulation continuing deadline for defendant to respond to complaint to November 6, 2019 and continuing status conference to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5,
2019.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
2:00 PM
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Docket 24
NONE LISTED -
Grant motion conditioned on the trustee's filing a supplemental declaration that gives more detail about the manner in which the A&C factors apply in this case -- for example, how much equity is there in the property? What are the trustee's estimates of how much it would cost the trustee to complete the litigation and market the property? How much are claims in the case?
Debtor(s):
Chul Joo Lee Represented By
Young K Chang
Movant(s):
Howard M Ehrenberg (TR) Represented By Zi Chao Lin
Trustee(s):
Howard M Ehrenberg (TR) Represented By Zi Chao Lin
2:00 PM
Adv#: 2:19-01131 Howard M. Ehrenberg, Chapter 7 Trustee of the Bank v. Chul Joo Lee et al
fr. 7-2-19
Docket 1
NONE LISTED -
Continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to date of continued status conference.
7/11/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- November 5, 2019 at 2:00 p.m.
L/D to file joint status report -- October 22, 2019 L/D to complete mediation -- November 5, 2019
L/D to lodge order appointing mediators -- July 22, 2019 7/16/19 -- Court approved order appointing mediators.
Tentative Ruling for November 5, 2019:
Revisit status of action after conclusion of related matter on calendar.
Debtor(s):
Chul Joo Lee Represented By
2:00 PM
Young K Chang
Defendant(s):
Chul Joo Lee Represented By
Young K Chang
An Chul Choi Pro Se
Plaintiff(s):
Howard M. Ehrenberg, Chapter 7 Represented By
Zi Chao Lin
Trustee(s):
Howard M Ehrenberg (TR) Represented By Zi Chao Lin
2:00 PM
Adv#: 2:19-01168 Furuan Trading Company CO., LTD of Kaiping City v. Yang et al
Docket 11
NONE LISTED -
Grant motion without leave to amend. Plaintiff has not remedied the problems identified with the last complaint. There are no facts alleged to establish that any of the representations made in the schedules are actually false (other than some contention about the fact that, because defendants did not pay for plaintiff's goods that they must still be in constructive possession of them but did not disclose their existence on the schedules, yet plaintiff claims that these are assets of the corporation, not of debtors).
Further, to state a claim under section 727(a)(4) based on a false oath, plaintiff must establish not only that the schedules contain one or more false statements, but also that these false statements are material and were made knowingly and fraudulently. Debtors have disclosed that they had an interest in a business that operated for 10 years (not 9.5 months as plaintiff alleges) and that that business is now suspended. Plaintiff doesn't dispute the accuracy of this information. To the extent that they are still operating a similar business or the business formerly operated by this corporation, if they didn't establish a new corporation for this purpose, is it inaccurate to describe the business as a sole proprietorship? That is the default structure when you do not establish a separate legal entity.
Plaintiff didn't receive payment for all of the goods sold to the corporation formerly run by debtors, but plaintiff has not pleaded that any representation (other than ability to pay) was false and court previously dismissed plaintiff's 523(a)(2)(A) claims without leave to amend. Court authorized plaintiff to plead a claim under section 523(a)(2)(B), but plaintiff has not alleged that it
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relied on a false financial statement or other writing concerning the debtor's financial condition.
Plaintiff seems to think that it has pleaded facts sufficient to make its claim nondischargeable, but there is nothing in the complaint about section 523. The allegations purport to be under section 727, which is an objection to the debtor's discharge generally and plaintiff has failed to plead sufficient facts to state a coherent claim under any part of this section either.
Debtor(s):
Hui Yang Represented By
Mitchell R Sussman
Defendant(s):
Hui Yang Represented By
Sanaz S Bereliani
Xiaorong Ge Represented By
Sanaz S Bereliani
Joint Debtor(s):
Xiaorong Ge Represented By
Mitchell R Sussman
Plaintiff(s):
Furuan Trading Company CO., LTD Represented By
Jing Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
Docket 30
10/22/19 - Ronald Richards, (310)556-1001, has been approved for telephonic appearance on 11/5/19 @ 2pm
Grant motion without leave to amend as to claim under section 523(a)(4). Defendant is not a fiduciary for plaintiff and merely being a corporate officer does not give rise to the kind of fiduciary duties to which this section applies and these duties are owed to the corporation, not to its creditors. There needs to be an express trust and trust res. The corporate "trust fund" doctrine does not suffice for this purpose. (And plaintiff lacks standing to prosecute this breach of fiduciary duty claim. Any claim for breach of fiduciary duties owed to the corporation would be a claim of the corporation, not of plaintiff.) California law is not dispositive on this issue. It is an issue of federal law whether a given type of fiduciary duty is or is not the kind of fiduciary duty contemplated by section 523(a)(4).
This is not a motion for summary judgment. It is a motion to dismiss for failure to state a claim. Court does not need to go, and will not go, beyond the four corners of the complaint. Therefore, the request for judicial notice is inappropriate. (Court can take judicial notice of findings made in another case, but that is not necessary or appropriate in the context of a motion to dismiss for failure to state a claim.)
Statements concerning the company's financial condition/ability to pay, must be in writing and plaintiff has not pleaded a claim under section 523(a)(2)(B). Mere promise to pay that is not performed does not give rise to a nondischargeable claim and the only allegations of false statements provide no details as to date and substance of statements.
2:00 PM
Grant motion with leave to amend under sections 523(a)(2)(A) and (a)(6). Plaintiff needs to allege the date and substance of any false representations. Fraud must be pleaded with particularity. Or is plaintiff's entire claim merely that defendants purchased goods at a time when they knew or should have known the company would be unable to pay for them and that there were no specific representations? A false oral representation as to ability to pay is not actionable under section 523(a)(2)(A).
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
Defendant(s):
Richard Laurence Ashbee Represented By Ronald N Richards
Plaintiff(s):
Dagawa Trading LLC Represented By Shanen R Prout
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 14
NONE LISTED -
Dismiss case.
Debtor(s):
Walter Terrance Dorsch Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 13
NONE LISTED -
At trustee's request, vacate OSC and deem debtor to have substantially complied with prepetition credit counseling requirement. No appearance required. Court will prepare order.
Debtor(s):
Debra C Polakowski Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
[Presumption of Undue Harship]
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.
Debtor(s):
Ae Cha Choi Represented By
Jaenam J Coe
Joint Debtor(s):
Max G Choi Represented By
Jaenam J Coe
Movant(s):
TOYOTA MOTOR CREDIT Represented By John Rafferty
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 72
NONE LISTED -
Hearing required. Court needs the additional information referenced in its order denying the prior version of the application.
Debtor(s):
Myron Hale Pro Se
Trustee(s):
David M Goodrich (TR) Represented By Toan B Chung
10:00 AM
Approve Sale of Real Property of the Estate Free and Clear of all Liens, Interests, Claims, and Encumbrances with such Liens, Interests, Claims, and Encumbrances to Attach to Proceeds Pursuant to o 11 U.S.C. §§ 363(h) and (f);
Approve Overbid Procedures;
Determine that Buyer is Entitled to Protection Pursuant to 11 U.S.C. § 363(m); and
Approve Attached Stipulation Authorizing Sale Pursuant to § 363(h)
Docket 162
11/5/19 - Thomas Mouzes, (916)321-4444, has been approved for telephonic appearance on 11/6/19 @ 10am
Overrule objections of co-owner. Co-owner entered into a stipulation authorizing the trustee to sell the entire property, provided he received his 50 percent of the net proceeds. Stipulation also discusses the equal division of the rents generated by the property. Costs of sale come off the top and will not be charged solely against trustee's interest. If the insurance proceeds have not been used to repair the property, they too should be divided equally between the two owners.
Judgment entered by the Court gives the estate a 50 percent interest in the property. If court approves a sale, court will order co-owner to execute the appropriate documents necessary to consummate the sale. If co-owner refuses, court will direct/authorize the clerk to execute these documents on his behalf.
Approve bidding procedures. Grant motion. Authorize sale to the highest
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bidder. To the extent that there are net proceeds of sale that remain after payment of the senior lien, any unpaid liens should attach to those proceeds of sale with the same validity and priority as they had against the property itself.
Debtor(s):
Creditors Specialty Service, Inc. Represented By Neil C Evans
Trustee(s):
Rosendo Gonzalez (TR) Represented By David Seror
Jessica L Bagdanov Talin Keshishian
10:00 AM
Docket 261
NONE LISTED -
Did the trustee avail himself of the workers' compensation insurance? Were any claims filed? Did the trustee operate the business from April 9, 2018 through the closing of the sale? Did the trustee refrain from purchasing workers' compensation insurance because there was already coverage in place?
Hearing required.
Debtor(s):
Onebada, 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 28
NONE LISTED -
Grant motion. Award sanctions in the amount of $2,970 to reimburse debtor for the costs of bringing the motion to invalidate the abstract of judgment on a discharged debt.
Debtor(s):
Jason Yung Myung Represented By Young K Chang
Movant(s):
Jason Yung Myung Represented By Young K Chang Young K Chang
Trustee(s):
David L Ray (TR) Pro Se
10:00 AM
Docket 27
NONE LISTED -
Deny motion. Debtor cannot avoid a consensual purchase money security interest whether or not it impairs an exemption. (If debtor would like to bifurcate secured and unsecured portions of a lien, he will need to do so in a plan. This relief is not available in a chapter 7 case.)
Debtor(s):
Eugena Renee Lawler Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 28
NONE LISTED -
Deny motion. Debtor cannot avoid a consensual purchase money security interest whether or not it impairs an exemption. (If debtor would like to bifurcate secured and unsecured portions of a lien, he will need to do so in a plan. This relief is not available in a chapter 7 case.)
Debtor(s):
Eugena Renee Lawler Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 40
NONE LISTED -
Deem objections to be an adversary proceeding for procedural purposes and discuss with parties relationship between this proceeding and the pending litigation in LASC. Should that action be removed to bankruptcy court and consolidated with these objections? Should the court grant relief from stay and permit issues to be litigated in state court?
Hearing required.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Docket 1131
7/2/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 11/6/19 @ 10am
10/23/19 - Notice of rescheduled hearing received from the U.S. Post Office for Paul Hittelman as "Return to Sender, Attempted-Not known, unable to forward".
Once compromise has been consummated, how long does trustee believe it will be before he will be in a position to close the case?
Tentative Ruling for November 6, 2019:
At trustee's request, continue hearing to January 8, 2020 at 11:00 a.m. Trustee should file updated status report not later than December 31, 2019. APPEARANCES WAIVED ON NOVEMBER 6, 2019.
Debtor(s):
Morry Waksberg MD Represented By
Steven Karlton Kop - DISBARRED - Daniel J McCarthy
William A Kent
Trustee(s):
Alfred H Siegel (TR) Represented By
10:00 AM
Anthony A Friedman Byron Z Moldo Daniel A Lev
Victor A Sahn Michael V Mancini Matthew J Eandi
10:00 AM
Docket 826
7/2/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 11/6/19 @ 10am
10/23/19 - Notice of rescheduled hearing received from the U.S. Post Office for Edward Gelfand as "Return to Sender, Attempted-Not known, Unable to Forward".
10/23/19 - Notice of rescheduled hearing received from the U.S. Post Office for Eric Israel as "Return to Sender, Not Deliverable as Addressed; Unable to Forward".
Once compromise has been consummated, how long does trustee believe it will be before he will be in a position to close the case?
Tentative Ruling for November 6, 2019:
At trustee's request, continue hearing to January 8, 2020 at 11:00 a.m. Trustee should file updated status report not later than December 31, 2019. APPEARANCES WAIVED ON NOVEMBER 6, 2019.
Debtor(s):
Morry Waksberg MD Inc Represented By Daniel J McCarthy
10:00 AM
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Byron Z Moldo Daniel A Lev Matthew J Eandi
10:00 AM
Docket 3
NONE LISTED -
It would be inappropriate for the Court to grant the affirmative relief that the United States Trustee has requested in response to an order to show cause re dismissal. If the U.S. Trustee would like the case converted to chapter 7 or an order entered prohibiting additional filings by the debtor's principal, the
U.S. Trustee should file a motion seeking such relief.
Court will refrain from dismissing case at this point pursuant to its Order to Show Cause and continue this hearing to give other parties in interest an opportunity to move for alternate forms of relief. (See matter no. 13.10 on calendar.)
Debtor(s):
Tensun 42 LLC Pro Se
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Dismiss the Debtor's Bankruptcy Case;
To Convert the Case to Chapter 7;
To Appoint a Chapter 11 Trustee; or, in the Alternative;
Motion for Abstension
To Excuse Receiver from Compliance with Section 543(a)-(c)
Docket 12
NONE LISTED -
Grant one of the forms of relief requested in the motion: the appointment of a chapter 11 trustee. It may be that it would be appropriate to convert the case to chapter 7, but the Court would prefer to hear from the trustee whether this is the appropriate path once the trustee has had an opportunity to analyze the facts of this case.
More than $500,000 is not a "minute" equity cushion. Each of the three properties may well have equity in them. There may be value for other creditors, if there are any, or for equity. Court would like a trustee to have an opportunity to weigh in on this determination. Court will not permit debtor to remain in control of this case as debtor does not have counsel and there are a variety of facts and circumstances to suggest that the principal who controls the debtor lacks the wherewithal to act as an appropriate fiduciary for the benefit of creditors here.
10:00 AM
Debtor(s):
Tensun 42 LLC Pro Se
10:00 AM
Docket 306
NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
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
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, 12-4-18, 2-26-19, 4-9-1, 8-14-19,
8-15-19, 10-16-19
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.
10:00 AM
Tentative Ruling for February 15, 2017:
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.
10:00 AM
Tentative Ruling for August 8, 2018:
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 effective in the near future.
Final Ruling for December 4, 2018:
Court entered order dated December 11, 2019, continuing case status conference to February 26, 2019 at 2:00 p.m and providing that, if trustee does not receive from reorganized debtor sufficient funds to enable trustee to make all payments then due under confirmed plan by 4:00 p.m. on February 19, 2019, the trustee must declare a default under the plan and invoke the plan provisions that apply in the event of a default. Court directed trustee to file and serve an updated status report not later than February 19, 2019.
Tentative Ruling for February 26, 2019:
Has the trustee declared a default under the plan? If not, why not and when will the trustee declare a default under the plan? When will the trustee
10:00 AM
employ a broker to market the property? Hearing required.
Final Ruling from February 26, 2019:
Continue case status conference to April 9, 2019 at 2:00 p.m. to be heard concurrently with status conference in adversary proceeding to recover alleged overpayment. Trustee should file updated status report not later than March 29, 2019. (Trustee has discovered that debtor took out another loan secured by the property for $500,000.)
Tentative Ruling for April 9, 2019:
Reorganized debtor paid the trustee $175,000, which the trustee believes is sufficient to consummate the plan. When does the trustee anticipate that she will be in a position to make the required plan disbursements?
Tentative Ruling for August 15, 2019:
Continue status conference to October 16, 2019 at 11:00 a.m. Trustee should file updated status report not later than October 7, 2019.
APPEARANCES WAIVED ON AUGUST 15, 2019.
Tentative Ruling for October 16, 2019:
Continue case status conference to November 6, 2019 at 10:00 a.m. to be heard concurrently with trustee's motion for final decree. Appearances waived on October 16, 2019.
Tentative Ruling for November 6, 2019:
Take status conference off calendar due to grant of motion for final decree. Appearances waived.
Debtor(s):
Arroyo Vision Care, LLC Represented By
10:00 AM
Trustee(s):
Michael R Totaro
Elissa Miller (TR) Represented By David M Goodrich Asa S Hami Daniel A Lev
10:00 AM
Docket 1333
NONE LISTED -
Claimant has not provided any evidence that the unpaid vacation pay claim relates to the 180-days before the bankruptcy and has not demonstrated that her severance claim qualifies for treatment as an administrative or priority claim. Grant motion. Sustain objection. Allow both 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
10:00 AM
Docket 1335
NONE LISTED -
Claimant has not demonstrated that her severance claim qualifies for treatment as an administrative or priority claim. Grant motion. Sustain objection. Allow severance claim as a general unsecured claim.
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 77
NONE LISTED -
Debtor will need to explain to the court why it should employ a sales agent on an hourly fee rather than a comission basis. Hearing required.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
10:00 AM
Docket 82
NONE LISTED -
10/24/19 -- Court approved stipulation continuing hearing to December 11, 2019 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 6, 2019.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
10:00 AM
[OST]
fr. 9-10-19
Docket 3
9/9/19 - Ariella Simonds, (310)407-4039, has been approved for telephonic appearance on 9/10/19 @ 10:30am
Grant in part and deny in part. Court will set a date for a continued hearing now. Debtor should serve notice of 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.
OFF CALENDAR. NO UTILITIES OBJECTED TO DEBTOR'S PROPOSAL RE ADEQUATE ASSURANCE. NO APPEARANCE REQUIRED.
10:00 AM
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
11:00 AM
Retroactive and Effective as of April 28, 2014 fr. 10-2-19
Docket 40
NONE LISTED -
Why is trustee requesting that professional be employed effective as of the date of the debtor's discharge -- April 28, 2014?
10/7/19 -- Applicant has elected to permit employment to relate back only to July 26, 2019. Court approved application. OFF CALENDAR. MATTER RESOLVED.
Debtor(s):
Janice Doreen Dickinson Represented By Jeffrey N Wishman
Trustee(s):
Howard M Ehrenberg (TR) Represented By
Howard M Ehrenberg (TR) Corey R Weber
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for July 31, 2019:
Is debtor now in compliance with US Trustee requirements? If not, what is currently missing?
What was the status of the Kazerooni litigation as of the petition date? Does the debtor intend to stipulate to relief from the automatic stay to permit this litigation to proceed in state court, or does the debtor have a different game plan for the resolution of disputes with Kazerooni?
Is debtor currently using cash collateral? If so, where is the promised stipulation (or motion) re use of cash collateral?
How is the debtor's business performing at this point? Is the debtor meeting its projections? Is there a remaining business here or should this case be converted to chapter 7?
Hearing required.
Final Ruling for July 31, 2019:
Continue case status conference to November 6, 2019 at 11:00 a.m. Debtor should file updated status report not later than October 25, 2019.
Tentative Ruling for November 6, 2019:
11:00 AM
Where is status report that should have been filed by October 25, 2019?
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
2:00 PM
Docket 1
NONE LISTED -
Set bar date and deadline for serving notice of bar date. 12/17/18 -- Court approved scheduling order with following dates:
L/D to serve notice of bar date -- December 14, 2018 Bar date -- February 8, 2019
Cont'd status conference -- March 13, 2019 at 11:00 a.m. L/D to file status report -- February 27, 2019
Tentative Ruling for March 13, 2019:
Are any prospective purchasers showing interest in the debtor's property? If not, how do the debtors explain this?
Were there any surprises among the claims filed by the bar date? Hearing required.
Tentative Ruling for June 12, 2019:
Debtors do not need to continue answering all of the same questions from the original order setting status conference in their status reports. They can simply update the court on the status of the case and the debtor's intentions with regard to the future of the case.
2:00 PM
Revisit status of case after conclusion of hearing on surcharge motion. Set deadline for filing plan and disclosure statement for approximately 90 to 120 days.
6/18/19 -- Court approved scheduling order setting following dates:
L/D to file a plan and disclosure statement -- September 25, 2019 Hearing on disclosure statement -- November 6, 2019 at 2:00 p.m. Cont'd status conference -- November 6, 2019 at 2:00 p.m.
Requirement that status conference be filed is waived.
8/30/19 -- Court granted ex parte application to extend deadline to file plan and disclosure statement to December 20, 2019.
Tentative Ruling for November 6, 2019:
Is debtor on track to be able to file its plan by December 20, 2019? If not, why not? Hearing required.
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
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
ISSUES:
whether the lien formerly held by Quentin Meats against assets of the Debtor was avoided by the trustee and preserved for the benefit of the estate;
what is the value of the benefit that the trustee and his professionals conferred on secured creditor Merchant Advance Pay, Inc. (“MAP”) due to the manner in which he administered the Debtor’s bankruptcy estate.
fr. 1-15-19, 5-14-19, 7-2-19, 7-17-19
Docket 1
NONE LISTED -
Why don't the parties want this matter sent to mediation? Hearing required. 1/17/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 14, 2019 at 2:00 p.m. L/D to file updated status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
1/25/19 -- Court approved order appointing mediators.
10:00 AM
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame.
Tentative Ruling for July 2, 2019:
Revisit status of action after conclusion of related matters on calendar.
Tentative Ruling for July 17, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame.
9/16/19 -- Court approved stipulation continuing trial date and status conference to January 22, 2020 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 7, 2019.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
10:00 AM
10:00 AM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
#2.00 Status Conference (on the balance of the issues remaining in the adversary proceeding) re: 12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Timothy J. Yoo against Merchant Advance Pay, Inc.
fr. 1-15-19, 5-14-19, 7-2-19, 7-17-19
Docket 1
NONE LISTED -
Why don't the parties want this matter sent to mediation? Hearing required. 1/17/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 14, 2019 at 2:00 p.m. L/D to file updated status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
1/25/19 -- Court approved order appointing mediators.
Tentative Ruling for May 14, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame.
Tentative Ruling for July 2, 2019:
Revisit status of action after conclusion of related matters on calendar.
10:00 AM
Tentative Ruling for July 17, 2019:
Set discovery cutoff in approximately 4 months and continued status conference for approximately same time frame.
9/16/19 -- Court approved stipulation continuing trial date and status conference to January 22, 2020 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 7, 2019.
Debtor(s):
Onebada, Inc Represented By
Jaenam J Coe
Defendant(s):
Merchant Advance Pay, Inc. Represented By Stella A Havkin
Plaintiff(s):
Timothy J. Yoo Represented By Monica Y Kim Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
10:00 AM
Docket 14
NONE LISTED -
10/21/19 -- Court approved stipulation resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Patricia Sue Strauss Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 15
NONE LISTED -
10/11/19 -- Court granted motion to convert case to chapter 13. Case has been reassigned to Judge Klein. Off calendar.
Debtor(s):
Alejandro Cicilia Flores Represented By Raymond Perez
Movant(s):
United States Trustee (LA) Represented By Kelly L Morrison
Trustee(s):
Kathy A Dockery (TR) Pro Se
10:00 AM
Docket 17
NONE LISTED -
Debtor is not entitled to obtain the benefits of bankruptcy and a discharge without cooperating with requests for information to permit the trustee and the
U.S. Trustee to determine whether debtor is abusing the bankruptcy system by filing chapter 7. Grant motion. Vacate debtor's discharge and dismiss bankruptcy case.
Debtor(s):
Armineh Ghazarian Represented By
G. Gregory Alexanyan
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 11
NONE LISTED -
The undisputed facts show that the respondent is a petition preparer who helped the debtor by preparing her bankruptcy documents. Although respondent's name is typed on the petition forms, no Bankruptcy Petition Preparer's Notice, Declaration and Signature were attached to the petition, schedules and SOFA when they were filed on July 26, 2019. Therefore, respondent failed to sign these three documents or provide the required identifying number on these three documents. (Each document is a separate violation for which respondent may be fined $500.) She also failed to file the written notice to debtor by non-attorney petition preparer in a timely manner and failed to file an accurate declaration as to the amount of money that she received from the debtor, each of which is an additional violation of section
110. Respondent should be fined $4,000 for 8 violations of section 110.
With regard to the request for disgorgement of the fee paid, the respondent's opposition acknowledges that the petition preparer bears the burden of proving the reasonableness of the fee charged, yet she makes no attempt to carry this burden of proof. She also represents that she will explain why the disclosure form she filed had the incorrect dollar amount on it at the hearing, but does not include an explanation in the opposition itself, which is where such an explanation belongs. Require respondent to disgorge $250 she received.
Debtor(s):
Leonor Carmona Pro Se
10:00 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 22
NONE LISTED -
In light of the services rendered, it is clear that respondent is a bankruptcy petition preparer. As such, she is required to comply with the rules applicable to bankruptcy preparers. Ignorance of the requirements is not a defense.
Respondent handled the filing fee for debtor and delivered it to the bankruptcy court. This is a violation of section 110. The disclosure that respondent filed as to amounts paid by the debtor is inaccurate and was not filed with the petition as required by section 110. Debtor has receipts demonstrating that she paid $351. Even "tips" are compensation that must be disclosed. Characterizing a portion of the fee paid as a tip doesn't exempt this amount from disclosure. Petitioner's signatures and identifying number need to be on the documents at the time they are filed (which is accomplished through the filing of a bankruptcy petition preparer's notice, declaration and signature concurrently with the document to which it refers). Each document that should have been accompanied by such a document but wasn't is a separate violation. Each failure to include an identifying number is a separate violation. Fine respondent $500 each for 5 violations of section 110 and order disgorgement of fees paid ($351).
11/6/19 -- Court approved stipulation resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Veronica Jean Toves-Morris Pro Se
10:00 AM
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 22
NONE LISTED -
Grant motion. U.S. Trustee may lodge an amended order reopening case that directs the U.S. Trustee to appoint a chapter 7 trustee.
Debtor(s):
Claudio Francisco Caringella Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 26
NONE LISTED -
Court entered an order converting the case to chapter 7 on October 2, 2019. Does the US Trustee still want to proceed with this motion?
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
10:00 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 576
11/5/19 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearance on 11/7/19 @ 10am
11/6/19 - Jessica Ponce, (213)263-2911, has been approved for telephonic appearance on 11/7/19 @ 10am
Overrule objection and grant motion. This matter has become particularly complex and time-consuming as a direct result of defendant's failure to cooperate in discovery and the nature of the required discovery. The number of parties who have expressed an interest in preserving privileges has caused the expense of discovery to be increased several fold through no fault of the plaintiff's. Neither the parties nor the court has encountered a comparable situation and it cannot be said that the plaintiff has improperly delayed the filing of a motion for clarification (not reconsideration). Issues have arisen that the Court did not forsee at the time it entered the order for which the plaintiff seeks clarification.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
10:00 AM
Plaintiff(s):
James Murtagh Represented By Douglas M Neistat Michael J Conway Derek Linke
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
MOVANT: DOWNEY FEDERAL CREDIT UNION
Docket 15
11/8/19 - Rebecca Wicks, (949)224-6415, has been approved for telephonic appearance on 11/12/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Steven Paul Dorn Represented By Raymond Perez
Movant(s):
Downey Federal Credit Union Represented By Rebecca M Wicks
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: CIVIC VENTURES, LLC. fr. 10-1-19
Docket 26
NONE LISTED -
Tentative Ruling for October 1, 2019:
Debtor served its opposition on the court by US Mail on September 27 for an October 1 hearing. Court manual requires that papers served on judge less than 14 days before a hearing be served by overnight mail or personal delivery. Moreover, opposition was due 14 days before the hearing and is late-filed.
Motion does not contain admissible evidence of value or any evidence that this property is declining in value. Although it appears that affiliates of the debtor have engaged in a variety of activities in bad faith, other than the prepetition transfer, are there any facts that establish bad faith in this case? Motion will not be decided based on character evidence.
Deny motion without prejudice.
Final Ruling for October 1, 2019:
Continue hearing to November 12, 2019 at 10:00 a.m. Movant should file and serve supplemental papers not later than October 15, 2019. Any supplemental response from trustee must be filed and served not later than November 5, 2019.
10:00 AM
Tentative Ruling for November 12, 2019:
Deny motion without prejudice to give trustee an opportunity to market and sell the property, which appears to have some equity in it that may be available for creditors of the estate.
Debtor(s):
VEPEL 6 LLC Represented By Thomas B Ure
Movant(s):
Civic Ventures, LLC, attorney-in- Represented By
Amelia B. Valenzuela
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
VIN# 4T1B11HK7JU620237 MOVANT: TOYOTA LEASE TRUST
Docket 12
11/4/19 - Kristine Martinez, (213) 863-6083 has been approved for telephonic appearance on 11/12/19 @ 10AM
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Jose De La Cruz Represented By Devin Sawdayi
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MOVANT: HMC ASSETS, LLC fr. 10-1-19
Docket 16
NONE LISTED -
Tentative Ruling for October 1, 2019:
Grant motion pursuant to Bankruptcy Code section 362(d)(1) for cause, including a lack of adequate protection, without waiver of Rule 4001(a)(3), based on debtor's having been cited for leaving the property vacant and open to the public.
Final Ruling for October 1, 2019:
Continue hearing to November 12, 2019 at 10:00 a.m. Movant should file and serve supplemental papers not later than October 15, 2019. Any supplemental response from trustee must be filed and served not later than November 5, 2019.
Tentative Ruling for November 12, 2019:
Trustee was just appointed on October 21, 2019 and has not had an opportunity to respond to this motion. Continue hearing for approximately 30 days to give trustee an opportunity to obtain his own broker's price opinion and assess whether he believes there is equity in the property.
10:00 AM
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Movant(s):
HMC Assets, LLC, solely in its Represented By
Amelia B. Valenzuela
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: CIVIC VENTURES, LLC fr. 10-1-19
Docket 14
NONE LISTED -
Tentative Ruling for October 1, 2019:
There is no admissible evidence of value. There is no evidence that the property is declining in value. The only code violations (lack of permits) that relate to this particular property show that the issue was "closed" 10 years ago. Deny motion without prejudice.
Final Ruling for October 1, 2019:
Continue hearing to November 12, 2019 at 10:00 a.m. Movant should file and serve supplemental papers not later than October 15, 2019. Any supplemental response from trustee must be filed and served not later than November 5, 2019.
Tentative Ruling for November 12, 2019:
Trustee was just appointed on October 21, 2019 and has not had an opportunity to respond to this motion. Continue hearing for approximately 30 days to give trustee an opportunity to obtain his own broker's price opinion and assess whether he believes there is equity in the property.
10:00 AM
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Movant(s):
Civic Ventures, LLC, attorney-in- Represented By
Amelia B. Valenzuela
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
What is the status of this case? What issues does the chapter 7 trustee anticipate he or she will encounter? Hearing required.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01307 NG DIP LIQUIDATING TRUST v. City of Los Angeles
fr. 11-27-18, 2-12-19, 5-14-19, 6-18-19, 7-30-19, 9-10-19
Docket 1
NONE LISTED -
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
2/15/19 -- Court entered scheduling order with following dates: Cont'd status conference -- May 14, 2019 at 2:00 pm
L/D to file joint status report -- April 30, 2019
L/D to lodge order appointing mediators -- February 25, 2019 L/D to complete mediation -- May 14, 2019
22519 -- Court approved order appointing mediators.
4/30/19 -- Court approved stipulation continuing hearing to June 18, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 14, 2019.
6/3/19 -- Court approved stipulation continuing hearing to July 30, 2019 at 2:00 p.m. OFF CALENDAR FOR JUNE 18, 2019.
7/17/19 -- Court approved stipulation continuing hearing to September 10, 2019 at 2:00 p.m. OFF CALENDAR FOR JULY 30, 2019.
8/26/19 -- Court approved stipulation continuing hearing to November 12, 2019 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 10, 2019.
2:00 PM
10/2/19 -- Court approved stipulation dismissing action. 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
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#: 2:19-01044 Dye v. Babaie et al
fr. 4-9-19, 5-7-19, 9-17-19
Docket 1
NONE LISTED -
At request of the parties, continue status conference to May 7, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 9, 2019.
Tentative Ruling for May 7, 2019:
When will counsel for the plaintiff be in a position to pay attention to, and diligently prosecute, this adversary proceeding? Hearing required.
5/13/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- September 17, 2019 at 2:00 pm
L/D to file joint status report -- September 3, 2019
L/D to lodge order appointing mediator -- May 24, 2019 L/D to complete mediation -- September 17, 2019
Tentative Ruling for September 17, 2019:
Where is order appointing mediator? Did parties complete a day of mediation? Where is joint status report that was due September 3, 2019? Hearing required.
9/16/19 -- Court approved stipulation continuing status conference to
2:00 PM
November 12, 2019 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 17, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for November 12, 2019:
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? When will the parties be in a position to complete discovery? Hearing required.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Defendant(s):
David Babaie Represented By Matthew A Lesnick
Keto Development Group, LLC Represented By Matthew A Lesnick
DOES 1 THROUGH 10 Pro Se
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:19-01036 Garcia v. Carroll
fr. 4-9-19, 8-13-19
Docket 1
NONE LISTED -
Set discovery cutoff for late September, 2019. Continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to the date of the continued status conference.
4/15/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- August 13, 2019 at 2
L/D to file joint status report -- July 30, 2019
L/D to complete discovery -- September 30, 2019
L/D to lodge order appointing mediators -- April 23, 2019 L/D to complete mediation -- August 13, 2019
4/14/19 -- Court approved order appointing mediators.
7/29/19 -- Court approved order appointing replacement mediators. Tentative Ruling for August 13, 2019:
Although the parties filed a document entitled, "Joint Status Report," it does not contain any of the information that the Court requires in a joint status report. Hearing required.
Final Ruling for August 13, 2019:
2:00 PM
Continue status conference to November 12, 2019 at 2:00 p.m. Parties should file joint status report not later than October 29, 2019. Court extended discovery cutoff to October 31, 2019. Defendant was instructed to lodge scheduling order with these dates.
Tentative Ruling for November 12, 2019:
Impose sanctions of $150 on counsel for defendant for failing to lodge scheduling order as instructed at last status conference. Are parties requesting a further extension of the discovery cutoff? Order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
John Carroll Represented By
Allan D Sarver
Defendant(s):
John Carroll Represented By
David M Almaraz
Joint Debtor(s):
Donna Carroll Represented By Allan D Sarver
Plaintiff(s):
Jose "Joseph" Moises Garcia Represented By Michael B Wilson
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:19-01049 Gottlieb v. Granucci
fr. 4-16-19, 7-30-19
Docket 1
NONE LISTED -
Tentative Ruling for July 30, 2019:
Discuss with parties whether it would make sense to grant relief from stay (once complaint has been amended) to permit plaintiff to proceed with state court action against debtor.
Hearing required.
Final Ruling for July 30, 2019:
Plaintiff should file and serve amended complaint not later than August 9, 2019. Defendant should file and serve response to amended complaint not later than August 23, 2019. Status conference is continued to November 12, 2019 at 2:00 p.m. Parties should file joint status report not later than October 29, 2019.
Tentative Ruling for November 12, 2019:
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? When will the
2:00 PM
parties be in a position to complete discovery? Hearing required.
11/12/19 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Anna M Granucci Represented By Larry D Simons
Defendant(s):
Anna M Granucci Represented By Richard P Ross
Plaintiff(s):
Abraham Gottlieb Represented By John Burgee
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
fr. 9-17-19, 10-1-19
Docket 1
NONE LISTED -
8/16/19 -- Court approved stipulation continuing status conference to October 1, 2019 at 2:00 p.m. and continuing defendant's response date to September 2, 2019. OFF CALENDAR FOR SEPTEMBER 17, 2019.
9/17/19 -- Court approved stipulation continuing status conference to November 12, 2019 at 2:00 p.m., setting deadline of October 11, 2019 for defendant to file response to amended complaint. OFF CALENDAR FOR OCTOBER 1, 2019.
11/5/19 -- At hearing held this date, Court continued status conference to January 28, 2020 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 12,
2019.
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
2:00 PM
Defendant(s):
Richard Laurence Ashbee Pro Se
Plaintiff(s):
Dagawa Trading LLC Represented By Shanen R Prout
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
Docket 16
NONE LISTED -
Grant motion to dismiss without leave to amend. The claims that debtor seeks to assert do not arise out of the same nucleus of operative facts as the claims that have been asserted against her by the plaintiffs. Debtor does not need to adjudicate the issues raised in her cross-complaint in order to defend herself in the underlying action. Therefore, there is no supplemental jurisdiction over these claims.
As to "related-to" jurisdiction, now that the estate has abandoned any interest in the claims that the debtor seeks to assert against movants, there is no way that the outcome of the litigation of these claims could have any conceivable impact on the estate. Debtor is free to prosecute these claims in state court if she so desires, but they have nothing to do with this adversary proceeding and are not within the subject matter jurisdiction of this court.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
Plaintiff(s):
Tyler Fred Represented By
Candice Candice Bryner
2:00 PM
Mark Guirguis Represented By
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01356 Carlsen v. BANK OF AMERICA, N.A et al
Docket 4
NONE LISTED -
NONE LISTED -
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
BANK OF AMERICA, N.A Represented By Adam N Barasch
BANK OF AMERICA Represented By Adam N Barasch
NATIONSTAR MORTGAGE, LLC Represented By
Adam N Barasch
DEUTSCHE BANK NATIONAL Represented By
Adam N Barasch And DOES 1 through 10, Inclusive Pro Se
All Persons Known and Unknown Pro Se
Plaintiff(s):
Rachel Louise Carlsen Pro Se
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01078 Dye v. Villatoro et al
Docket 14
NONE LISTED -
OFF CALENDAR. MATTER HAS BEEN DISMISSED PURSUANT TO STIPULATION.
Debtor(s):
Julio Villatoro Represented By Julie J Villalobos
Defendant(s):
Maria Villatoro Represented By Marcella Lucente
Julio Villatoro Represented By Marcella Lucente
Aldolfo Escobar Pro Se
Joint Debtor(s):
Maria Villatoro Represented By Julie J Villalobos
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Adv#: 2:19-01078 Dye v. Villatoro et al
FR. 5-28-19, 10-15-19
Docket 1
NONE LISTED -
Tentative Ruling for May 28, 2019:
Will parties be stipulating to vacate the default of defendant Escobar? Set discovery cutoff for late October, 2019. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
Final Ruling for May 28, 2019:
Continue status conference to October 15, 2019 at 2:00 p.m. Parties should file joint status report by October 1, 2019. (Parties report that they think they have settled the matter and that the trustee will be filing a 9019 motion.)
Tentative Ruling for October 15, 2019:
Court approved compromise pursuant to which $40,000 of $62,000 was paid as a down payment and the balance was to be paid over 4 months. Have the required settlement payments been made? Where is the status report that should have been filed on October 1, 2019? Hearing required.
11/4/19 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
Julio Villatoro Represented By Julie J Villalobos
Defendant(s):
Maria Villatoro Represented By Marcella Lucente
Julio Villatoro Represented By Marcella Lucente
Aldolfo Escobar Pro Se
Joint Debtor(s):
Maria Villatoro Represented By Julie J Villalobos
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
MOVANT: CANDIDO CABRERA fr. 10-1-19
Docket 15
NONE LISTED -
Tentative Ruling for October 1, 2019:
Debtor has filed motion to dismiss 523(a)(6) action that is on calendar for 2:00 p.m. on October 1, 2019. Continue this hearing to 2:00 p.m. to be heard after motion to dismiss. APPEARANCES WAIVED ON 10:00 A.M. CALENDAR.
Court cannot resolve this motion until it knows whether or not the 523(a)(6) action will be permitted to proceed. If there is a viable 523(a)(6) action, as movant seeks to litigate against parties other than the debtor as well, it would be more efficient to grant this motion and hold the nondischargeability action in abeyance pending the outcome of the state court action. If the court determines that the movant cannot state a nondischargeable claim, there would be no reason to permit the action to proceed in state court against the debtor (unless there might be available insurance proceeds, but it is worthy of note that it seems unlikely that movant's claim could be both nondischargeable in nature and covered by insurance as it is against public policy to insure claims based on willful misconduct).
Revisit status of this motion after conclusion of hearing on motion to dismiss at 2:00 p.m.
2:00 PM
Final Ruling for October 1, 2019:
Court granted motion to dismiss with leave to amend and continued hearing to November 12, 2019 at 2:00 p.m.
Tentative Ruling for November 12, 2019:
Plaintiff has now filed an amended complaint and there is another motion to dismiss on calendar. Revisit status of this motion after conclusion of hearing on motion to dismiss.
Debtor(s):
Bradley M. Bronson Represented By
J. Bennett Friedman
Movant(s):
Candido Cabrera Represented By Gregory M Salvato
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01242 Cabrera v. Bronson
Docket 17
NONE LISTED -
Grant in part and deny in part. Dismiss second claim for relief without leave to amend. Failure to pay overtime wages and to indemnify for necessary expenditures and losses is not a nondischargeable claim. Dismiss fourth claim for relief without leave to amend as it is entirely duplicative and unnecessary. Plaintiff does not need a declaration that it is entitled to prevail on its first and third claims. Set deadline for defendant to file an answer to the first and third claims for relief.
Debtor(s):
Bradley M. Bronson Represented By
J. Bennett Friedman Michael D Sobkowiak
Defendant(s):
Bradley M. Bronson Represented By
J. Bennett Friedman Michael D Sobkowiak
Plaintiff(s):
Candido Cabrera Represented By Gregory M Salvato
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01242 Cabrera v. Bronson
Bronson fr. 10-1-19
Docket 1
NONE LISTED -
Set deadline for filing amended complaint and deadline for responding to amended complaint.
10/4/19 -- Court granted motion to dismiss with leave to amend. Plaintiff shall file and serve amended complaint not later than October 7, 2019. Defendant shall have to and including October 21, 2019 to file and serve a response to amended complaint. If the response is another motion to dismiss, it should be set for hearing on November 12, 2019 at 2:00 p.m. Status conference continued to same date. Requirement that joint status report be filed is waived.
Tentative Ruling for November 12, 2019:
Set deadline for filing of answer to first and third claims for relief. Set continued status conference date and deadline for filing joint status report. New dates should be in order on motion to dismiss.
Debtor(s):
Bradley M. Bronson Represented By
J. Bennett Friedman
2:00 PM
Defendant(s):
Bradley M. Bronson Pro Se
Plaintiff(s):
Candido Cabrera Represented By Gregory M Salvato
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 31
NONE LISTED -
Debtor has asserted an exemption with regard to her inherited CalPERS pension pursuan to CCP Section 703.140(b)(10)(E). In order to be exempt, the income stream must meet three requirements:
the right to receive payment must be from a stock bonus, pension, profit- sharing, annuity or similar plan or contract;
the right to receive the payment must be on account of illness, disability, death, age, or length of service; and
the right to receive payment may be exempted only to the extent that it is reasonably necessary to support the accountholder or his dependents.
There is no dispute that the income stream in question is from a pension, so the first requirement is satisfied. With regard to the second requirement, the issue is whether the triggering event needs to be the illness, disability, death, age or length of service of the party seeking to exempt the income stream herself. Here, the income stream resulted from the death and length of service of the debtor's aunt, not the debtor herself. However, in order to give effect to all of the words of the statute, it cannot be the case that the triggering event must be based on an event that befell the debtor/claimant, as no one would ever be exempting an income stream that they are receiving based on their own death. Therefore, the court is inclined to treat the debtor as having satisfied the second requirement as well.
However, even if these two requirements are satisfied, the debtor may only exempt the income stream to the extent that it is reasonably necessary to support the debtor. Debtor, as the party who has claimed the exemption, bears the burden of proof as to the availability of the exemption and therefore
10:00 AM
on this issue as well and debtor has not responded to the objection. However, the information previously provided by the debtor as to her income and expenses reveals that only a portion of the payment is necessary to cover the debtor's living expenses. Therefore, grant motion in part. Sustain objection to exemption to the extent of $1,413.14 of each month payment.
Debtor(s):
Sabrina L Bradshaw Represented By Todd B Becker
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Michael G D'Alba
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
Michael G D'Alba
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, 10-10-18, 10-24-18, 1-23-19, 1-24-19,
3-7-19, 5-2-19, 8-20-19, 9-26-19
Docket 1
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:
11:00 AM
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for October 24, 2018:
Continue case status conference to date and time of confirmation hearing.
Tentative Ruling for March 7, 2019:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for May 2, 2019:
Set deadline for debtor to file new plan of reorganization. Continue case status conference and hearing on motion for relief from stay to same date and time as hearing on new disclosure statement.
Tentative Ruling for August 20, 2019:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for September 26, 2019:
Revisit status of case after conclusion of hearings on related matters on calendar.
Tentative Ruling for November 13, 2019:
Court has reviewed the trustee's status report. Continue case status conference to March 4, 2020 at 11:00 a.m. Trustee should file updated status report not later than February 22, 2020. Appearances waived on November 13, 2019.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
11:00 AM
Docket 40
9/18/19 - Motion to allow claim no. 1 filed and will be heard with this motion.
Tentative Ruling for October 2, 2019:
Sustain evidentiary objections. There is no declaration authenticating exhibits and the memorandum is not signed under penalty of perjury (or at all). There is no evidence contained in the claimant's September 18 filing, only argument. Moreover, there is no such thing as a motion to allow a proof of claim. Court construes this September 18 filing as an opposition to the debtor's objection to claim.
Does claimant have any evidence that the DEBTOR (as distinguished from its principals) bound itself to create a subsidiary called Lip Tease and received all or any portion of the $20,000 that claimant asserts she advanced as an investment in this new subsidiary?
Hearing required.
Final Ruling for October 2, 2019:
Claimant should file and serve supplemental papers not later than October 11, 2019. Debtor should serve and file supplemental response not later than November 4, 2019.
Tentative Ruling for November 13, 2019:
Judges' copy should not be two-sided. There are sufficient issues of fact that
11:00 AM
the Court cannot resolve this objection summarily without an evidentiary hearing. Deem objection to be an adversary proceeding for procedural purposes and discuss with parties whether they need/want to conduct discovery or whether court can proceed to set a date for an evidentiary hearing.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
11:00 AM
Docket 63
NONE LISTED -
Sustain objection. Disallow claims in full. Claimant has not established that he is entitled to a wage claim in any amount, let alone a priority wage claim, as only wages earned within 180-days prior to the bankruptcy are entitled to priority. Prior deposition testimony establishes that he is not entitled to any unpaid wages and that his only claim is for profits of the company, yet he has released any such claim. Moreover, a claim for profits would at best be a claim that must be subordinated to the claims of actual creditors as such a claim, by definition, would fall to the level of equity. "Profits" are what remains after payment of all liabilities/expenses.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
11:00 AM
Docket 1
NONE LISTED -
Tentative Ruling for July 31, 2019:
Is debtor now in compliance with US Trustee requirements? If not, what is currently missing?
What was the status of the Kazerooni litigation as of the petition date? Does the debtor intend to stipulate to relief from the automatic stay to permit this litigation to proceed in state court, or does the debtor have a different game plan for the resolution of disputes with Kazerooni?
Is debtor currently using cash collateral? If so, where is the promised stipulation (or motion) re use of cash collateral?
How is the debtor's business performing at this point? Is the debtor meeting its projections? Is there a remaining business here or should this case be converted to chapter 7?
Hearing required.
Final Ruling for July 31, 2019:
Continue case status conference to November 6, 2019 at 11:00 a.m. Debtor should file updated status report not later than October 25, 2019.
Tentative Ruling for November 6, 2019:
11:00 AM
Where is status report that should have been filed by October 25, 2019?
Tentative Ruling for November 13, 2019:
Continue case status conference approximately 90 days and set deadline for debtor in possession to file updated status report.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
11:00 AM
Docket 113
11/6/19 - Jessica Bagdanov, (818)827-9000, has been approved for telephonic appearance on 11/13/19 @ 11am
Bankruptcy Code section 363(k) permits a secured creditor to credit bid at a sale of an asset that is subject to its security interest unless the court "for cause" orders otherwise. There are too many questions here concerning the validity and perfection of the creditor's claim to permit credit-bidding. Deny motion. Elbasri may not credit bid at the sale; however, Elbasri's alleged liens against the assets should attach to the proceeds of sale with whatever validity and priority they had as against the assets themselves. Proceeds should be held in trust pending further order of the Court.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
fr. 9-12-19
Docket 14
NONE LISTED -
Court continued hearing to give debtor an opportunity to submit a motion to redeem property. Docket does not reflect the filing of such a motion. What is the status of this matter? Does debtor want to proceed with reaffirmation agreement?
Debtor(s):
Eugene Nelson Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Docket 13
NONE LISTED -
Deny. Not on mandatory form. Interest rate (even though slightly reduced) is unconscionable. (Has debtor considered redemption?)
Debtor(s):
Danna Marie Dorris-Smith Represented By
James D. Hornbuckle
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 129
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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
Docket 57
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Howard Leroy Larsen Represented By Roland H Kedikian
Joint Debtor(s):
Linda June Larsen Represented By Roland H Kedikian
Trustee(s):
Carolyn A Dye (TR) Pro Se
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):
Luis F Chavez Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Docket 52
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Guillaume Maillet Represented By Lane K Bogard
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Jeffrey L Sumpter
2:00 PM
Docket 96
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Norma Lee Letendre Represented By Renee E Sanders
Trustee(s):
John J Menchaca (TR) Represented By Zi Chao Lin
2:00 PM
Docket 34
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Yoshiaki Asanuma Represented By Madhu Kalra
Joint Debtor(s):
Kayoko Asanuma Represented By Madhu Kalra
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 51
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Bernard Antoine Kash Represented By Louis J Esbin
Joint Debtor(s):
Lisa Kay Kash Represented By Louis J Esbin
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):
Mario Quiday Querubin Represented By Raymond J Bulaon
Joint Debtor(s):
Maria-Asuncion Carbonell Querubin Represented By
Raymond J Bulaon
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 53
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Alberto C. Garcia Represented By Frank X Ruggier
Joint Debtor(s):
Nichole L. Garcia Represented By Frank X Ruggier
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
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):
Consuelo A Canales Represented By John F Bazan
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Lauren E Raya Lynda T Bui
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):
Luis A Vasquez Represented By Sundee M Teeple
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Docket 53
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Sarah Lyn Wong Represented By Robert M Aronson
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Jeffrey L Sumpter
2:00 PM
Docket 361
NONE LISTED -
Grant motion. Waive appearances. Authorized trustee to upload order consistent with tentative ruling.
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
2:00 PM
[Fee: $16,452.50, Expenses: $81.97]
Docket 363
NONE LISTED -
Grant application. Allow on interim basis fees of $16,452.50 and costs of $81.97. 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):
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
2:00 PM
[Fee: $46,577.00, Expenses: $593.52]
Docket 359
NONE LISTED -
Grant application. Allow on interim basis fees of $46,577 and costs of $593.52. 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):
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
2:00 PM
[Fee: $10375.50, Expenses: $1380.76]
Docket 276
11/5/19 - Randy Chang, (818)599-8095, has been approved for telephonic appearance on 11/13/19 @ 2pm
Objecting party (debtor) requests that fees be allowed only on an interim basis. That is what the fee application requests. Debtor also requests that no amounts be paid on account of the interim allowance now. Court does not agree. The allowance is interim. If the Court later disallows the fees, counsel can be required to disgorge the funds.
Overrule objection. Grant application on an interim basis. Allow fees of
$10,375 and costs of $1,380.76.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan
2:00 PM
[Fee: $85,743.00, Expenses: $611.05.]
Docket 391
NONE LISTED -
Grant application. Allow on a final basis fees and costs previously allowed on an interim basis and additional fees of $159,771.50 and costs of $611.05. Ratify payments made to date and authorize payment of remaining balance due on terms set forth in application. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
[Fee: $85,852.50, Expenses: $974.71]
Docket 163
- NONE LISTED -
Grant application. Allow on interim basis fees of $85,852.50 and costs of $974.71. 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):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
2:00 PM
[Fee: $5,975.00, Expenses: $0.00]
Docket 69
- NONE LISTED -
Grant application. Allow on interim basis fees of $5,975 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):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
Docket 64
- NONE LISTED -
Grant application. Allow on interim basis fees of $35,250 and costs of $1,223.02. 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):
Marco General Construction, Inc. Represented By
Michael Jay Berger
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
fr. 6-19-18, 11-20-18, 1-17-19, 2-21-19, 4-25-19, 5-16-19, 8-8-19
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: SONG LIEM AND THERESIA LIEM
Docket 8
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Lin Cui Represented By
Julian K Bach
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Adv#: 2:19-01488 An v. ADMIRE CAPITAL LENDING LLC
Docket 3
NONE LISTED -
NONE LISTED -
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
ADMIRE CAPITAL LENDING Pro Se
Plaintiff(s):
Benjamin An Represented By
Steven J Barkin
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
10:30 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, 8-16-18, 9-27-18, 12-11-18, 1-8-19, 3-12-19, 4-2-19, 6-11-19,
7-30-19, 10-15-19
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.
10:30 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
10:30 AM
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
10:30 AM
report that should have been filed two weeks before status conference? 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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Revisit status of action after conclusion of hearing on matter no. 209.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time.
Tentative Ruling for April 2, 2019:
Revisit status of action after conclusion of hearing on related matters on calendar.
10:30 AM
Tentative Ruling for June 11, 2019:
For reasons set forth in tentative ruling for matter no. 7, strike Baker's answer to complaint and enter judgment for plaintiff and take status conference off calendar. Plaintiff should lodge proposed form of judgment.
Final Ruling for June 11, 2019:
Court held that it would be more appropriate for plaintiff to file a motion for default judgment once Baker's answer has been stricken than for the court to grant summary judgment summarily. Court extended deadline for plaintiff to file motion for default judgment to December 2, 2019.
What is the status of this matter? What progress has been made with regard to the turnover of records from the neutral expert to the plaintiff? Hearing required.
Tentative Ruling for November 19, 2019:
What is the status of this matter? What progress has been made with regard to the turnover of records from the neutral expert to the plaintiff?
11/18/19 -- At plaintiff's request, Court continued status conference to December 3, 2019 at 10:30 a.m. to be heard concurrently with other matters set for hearing at that date and time. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
CLARK WARREN BAKER Represented By Alan F Broidy Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
10:30 AM
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
fr. 8-27-19
Docket 1
11/13/19 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 11/19/19 @ 2pm
Tentative Ruling for August 27, 2019:
If defendants have filed motion to dismiss, continue status conference to date of hearing on motion as a holding date. If defendants have filed answer to complaint, both parties have indicated a willingness to attend mediation.
Discuss with parties the timing of mediation.
Tentative Ruling for November 19, 2019:
Parties report that they have scheduled a mediation for December 2, 2019 with Meredith Jury. Continue status conference to December 17, 2019 at 2:00 p.m. (Parties need not file a new status report prior to that status conference.) APPEARANCES WAIVED ON NOVEMBER 19, 2019.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
2:00 PM
Defendant(s):
Burgee & Abramoff, P.C. Represented By Amy L Goldman
John Burgee Represented By
Amy L Goldman
Robert Abramoff Represented By Amy L Goldman
Lanius Law & Associates, P.C. Represented By Stella A Havkin
Joseph Lanius Represented By Stella A Havkin
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
2:00 PM
Adv#: 2:19-01184 DYE v. de Gallegos et al
Christian de Gallegos fr. 8-27-19
Docket 1
11/5/19 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 11/19/19 @ 2pm
11/13/19 - Steven Berman, (813) 227-2332, has been approved for telephonic appearance on 11/19/19 @ 2pm
Tentative Ruling for August 27, 2019:
Both parties have indicated a willingness to attend mediation. Discuss with parties the timing of mediation.
Tentative Ruling for November 19, 2019:
Parties report that they have scheduled a mediation for December 9, 2019 with Meredith Jury. Continue status conference to December 17, 2019 at 2:00 p.m. (Parties need not file a new status report prior to that status conference.) APPEARANCES WAIVED ON NOVEMBER 19, 2019.
Debtor(s):
Green-Light International, LLC Represented By
2:00 PM
David S Hagen
Defendant(s):
Christian de Gallegos Represented By Paul A Beck
Jeffrey Norman Elliott Represented By Jeffrey S Shinbrot
Max Charles Moore II Represented By Jonathan M. Saffer
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
2:00 PM
Adv#: 2:19-01417 Gonzalez v. Choi et al
Docket 1
10/30/2019 - Request for entry of default against defendant(s) Sang Ho Choi & Defendant(s) Jung Ah Lee
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
CSJN, Inc. Represented By
Young K Chang
Defendant(s):
Sang Ho Choi Pro Se
Jung Ah Lee Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By Frank X Ruggier
Trustee(s):
Rosendo Gonzalez (TR) Represented By Larry D Simons
2:00 PM
Adv#: 2:19-01021 Union & Grattan Properties, LLC v. Admire Capital Lending, LLC et al
fr. 4-2-19, 5-7-19, 8-13-19, 11-5-19
Docket 1
9/16/19 - First Amended complaint filed.
3/20/19 -- Court approved stipulation continuing hearing to May 7, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/25/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 7, 2019.
Tentative Ruling for August 13, 2019:
Revisit status of action after conclusion of hearings on related matters.
8/28/19 -- Court approved stipulation authorizing plaintiff to litigate this matter on behalf of estate.
10/8/19 -- Court approved stipulation continuing deadline for defendant to respond to complaint to November 6, 2019 and continuing status conference to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5,
2019.
11/4/19 -- Court approved stipulation re dismissal of action. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Admire Capital Lending, LLC Represented By Kenderton S Lynch
Benjamin An Represented By
Steven J Barkin
Beverly Hills Bestfields Represented By Nami Kang
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01408 Union & Grattan Properties, LLC v. Beverly Hills Bestfields Investments,
Docket 1
10/29/19 - Nami R Kang , (310) 785-0885, has been approved for telephonic appearance on 11/19/19 @ 2PM
11/6/19 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Beverly Hills Bestfields Represented By Nami Kang
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim James A Dumas Jr
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
2:00 PM
Adv#: 2:19-01409 Union & Grattan Properties, LLC v. An
Docket 1
NONE LISTED -
11/6/19 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Benjamin An Represented By
Steven J Barkin
Plaintiff(s):
Union & Grattan Properties, LLC Represented By
Christian T Kim James A Dumas Jr
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
2:00 PM
Adv#: 2:19-01168 Furuan Trading Company CO., LTD of Kaiping City v. Yang et al
fr. 8-27-19
Docket 1
NONE LISTED -
8/13/19 -- At hearing held this date, court continued status conference to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
11/5/19 -- At hearing held this date, Court granted motion to dismiss without leave to amend. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Hui Yang Represented By
Mitchell reed Sussman
Defendant(s):
Hui Yang Represented By
Sanaz S Bereliani
Xiaorong Ge Represented By
Sanaz S Bereliani
Joint Debtor(s):
Xiaorong Ge Represented By
Mitchell reed Sussman
2:00 PM
Plaintiff(s):
Furuan Trading Company CO., LTD Represented By
Jing Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 8-27-19
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed
11-18-19 - Candice Bruner (949) 241-5678 has been approved for telephonic appearance on 11/19/19 @ 2PM
11-18-19 - Valentine A. Shalamitski (310) 313-3736 has been approved for telephonic appearance on 11/19/19 @ 2PM
Tentative Ruling for August 27, 2019:
Defendant's answer is not due until August 30, 2019. Parties have indicated a willingness to go to mediation. Discuss timing of mediation with parties.
11/5/19 -- Court approved stipulation abandoning any interest estate may have in cross complaint filed by debtor.
11/12/19 -- At hearing held this date, court dismissed all counterclaims against anyone other than plaintiffs without leave to amend.
Tentative Ruling for November 19, 2019:
2:00 PM
Plaintiffs have filed motion to dismiss cross-complaint. Court would like to continue status conference to date of hearing on that motion, but did plaintiffs ever properly notice the hearing on that motion? Hearing required.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
Plaintiff(s):
Mark Guirguis Represented By
Candice Candice Bryner
Tyler Fred Represented By
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01240 Guirguis v. Carlsen et al
fr. 10-1-19
Docket 1
11-18-19 - Candice Bruner (949) 241-5678 has been approved for telephonic appearance on 11/19/19 @ 2PM
Tentative Ruling for October 1, 2019:
This action, although removed, remains stayed. Is there any separate existence to the nondebtor defendants? If not, in light of the fact that a nondischargeability action has been filed, is there any reason to maintain a separate action here? The case is in chapter 7. Plaintiff can simply file a proof of claim (if there are any assets in the estate) for any claims that are dischargeable.
Hearing required.
Final Ruling for October 1, 2019:
Continue status conference to November 19, 2019 at 2:00 p.m. Requirement that status report be filed is waived.
11/5/19 -- Court approved stipulation in which trustee abandoned any interest in complaint and cross-complaint.
Tentative Ruling for November 19, 2019:
Why do we need this action at all? Any claims against debtor that are
2:00 PM
dischargeable should be pursued through the filing of a proof of claim. Any claims against debtor that may be nondischargeable should be prosecuted in the nondischargeability action. Any counterclaims or cross-claims asserted by the debtor should only be litigated in bankruptcy court to the extent that they constitute setoffs to the claims raised against her in the dischargeability action. Bankruptcy court lacks jurisdiction over any other claims asserted by the debtor, as trustee has abandoned any interest in them. Discuss with parties whether nondischargeable claims against debtor have already been pleaded in 523 action or whether that action needs to be amended by plaintiffs to assert any other nondischargeable claims.
NOTE: Parties have both asked that matter be sent to mediation. Continue status conference approximately 90 days and direct parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel L Carlsen Pro Se
Carlsen Financial, Inc. Pro Se
Carlsen Financial, LLP Pro Se
Plaintiff(s):
Mark Guirguis Represented By Candice Bryner
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01356 Carlsen v. BANK OF AMERICA, N.A et al
Docket 1
10/28/19 - First Amended Complaint filed 10/29/19 - Another Summons Issued
11/13/19 - Adam Barasch, (415) 677-5533, has been approved for telephonic appearance on 11/19/19 @ 2pm
Has trustee abandoned any interest in debtor's claims in this action? If not, debtor lacks standing to prosecute this action as it is based on claims that arose prepetition. Court has been unable to locate anything on the docket that would reflect an abandonment by the trustee.
NOTE: Defendants have not filed answer to complaint and have withdrawn motion to dismiss. If court does not dismiss action sua sponte for lack of standing, at a minimum, court should continue status conference to a date after responses will be filed, if possible, to same date as hearing on motion to dismiss filed in related matter.
Debtor(s):
Rachel Louise Carlsen Pro Se
2:00 PM
Defendant(s):
BANK OF AMERICA, N.A Represented By Adam N Barasch
BANK OF AMERICA Represented By Adam N Barasch
NATIONSTAR MORTGAGE, LLC Represented By
Adam N Barasch
DEUTSCHE BANK NATIONAL Represented By
Adam N Barasch And DOES 1 through 10, Inclusive Pro Se
All Persons Known and Unknown Pro Se
Plaintiff(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:18-01469 Garibay v. Garcia et al
Docket 18
- NONE LISTED -
Court has already imposed monetary sanctions and will not vacate its order imposing those sanctions. Court could not determine from the declaration filed by plaintiff's counsel whether this matter is, or is not, in a position to be dismissed. Does plaintiff want this action dismissed now? If not, why not? Hearing required.
Debtor(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Defendant(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Does 1 through 20, inclusive Pro Se
Plaintiff(s):
Olivia Garibay Represented By Kaveh Elihu Daniel Friedman
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 2:18-01469 Garibay v. Garcia et al
FR. 3-5-19, 6-11-19, 10-1-19
Docket 1
- NONE LISTED -
Tentative Ruling for March 5, 2019:
Two status reports were filed. Court did not receive either. The first, filed February 25, 2019, which bears a signature date of February 25, 2019 is a unilateral report from the debtor. The proof of service attached to that report, signed under penalty of perjury by Marvin Jarrett Mann says that it was served by personal delivery, overnight mail, facsimile transmission or email (but doesn't specify which) on January 22, 2019. This must be a false statement as the document did not even exist as of that date. (It also says that it was served through the court's NEF system on other parties in interest on January 21, 2019.) This is false as well. The document was not filed until February 25 and therefore could not have been served on that date by NEF.
Sanction counsel for defendant $150 for filing false proofs of service. Court needs to be able to rely on the accuracy of these documents. Counsel should ensure that his staff uses more care in preparing these documents.
Second status report, filed February 27, 2019, appears to be a joint status report, in that it has information completed on both sides of the form, but has only an electronic signature from counsel for plaintiff. The proof of service attached to that document does not show the date on which a copy was provided to the court. Court ended up printing BOTH status reports. This is
2:00 PM
not acceptable. Parties need to file a JOINT status report two weeks before the status conference and serve a copy to the court not less than 14 days before the status conference.
Why does defendant's status report say, "Summons issued 12/18, thereby requiring trial in two months"? Plaintiff's status report says approximately the same thing. Under what theory do the parties believe that trial is required within two months after the issuance of a summons?
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
3/26/19 -- Court approved order appointing mediators.
Final Ruling for March 5, 2019:
Continue status conference to June 11, 2019 at 2:00 p.m. Parties should file joint status report by May 28, 2019. Parties are to lodge an order appointing mediators by March 22, 2019 and complete a day of mediation by June 11, 2019. Court will impose sanctions of $150 on counsel for defendant for using a false proof of service and an additional $150 for failing to attend status conference. Court will prepare scheduling and sanction order.
Tentative Ruling for June 11, 2019:
Parties completed a day of mediation but are asking to return to mediation, using the alternate mediator. Set discovery cutoff in late October, 2019, continue status conference for approximately 90 to 120 days and order parties to complete another day of mediation.
Final Ruling for June 11, 2019:
Set discovery cutoff of October 31, 2019. Continue status conference to October 1, 2019 at 2:00 p.m. Parties shall file joint status report by September 17, 2019. Extend deadline to complete mediation to October 1, 2019. Plaintiff should lodge scheduling order with these dates.
2:00 PM
Tentative Ruling for October 1, 2019:
Impose sanctions on counsel for plaintiff of $150 for failing to lodge scheduling order. Impose sanctions of $150 on counsel for each of the parties for failing to file a joint status report in a timely manner. Have the parties now completed mediation? Are they on track to complete discovery by October 31, 2019? Hearing required.
Tentative Ruling for November 19, 2019:
Revisit status of this matter after conclusion of hearing on order to show cause re dismissal.
Debtor(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Defendant(s):
Jaime Garcia Represented By
Marvin Jarrett Mann
Does 1 through 20, inclusive Pro Se
Plaintiff(s):
Olivia Garibay Represented By Kaveh Elihu Daniel Friedman
Trustee(s):
Sam S Leslie (TR) Pro Se
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, 9-27-18, 10-9-18, 1-15-19, 4-16-19, 5-28-19,
9-17-19
Docket 1
NONE LISTED -
9/25/18 -- Court approved stipulation continuing hearing to October 9, 2018 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 27, 2018.
Tentative Ruling for October 9, 2018:
Revisit status of action after conclusion of hearing on motion for summary judgment.
1/9/19 -- Court approved stipulation continuing discovery cutoff to April 30, 2019 and continuing status conference to April 16, 2019 at 2 pm. OFF
CALENDAR FOR JANUARY 15, 2019.
Tentative Ruling for April 16, 2019:
Are the parties on track to complete their discovery by April 30, 2019? Where is the joint status report that should have been filed two weeks before the status conference?
Set deadline for filing any additional pretrial motions, and set date for pretrial conference. Discuss with the parties whether it would be appropriate to send this matter to mediation.
2:00 PM
4/15/19 -- Court approved stipulation continuing status conference to May 28, 2019. NO APPEARANCE REQUIRED.
Tentative Ruling for May 28, 2019:
Where is the joint status report that should have been filed two weeks before the status conference?
6/6/19 -- Court approved scheduling order setting following dates: Pretrial conference -- September 17, 2019 at 2:00 p.m.
L/D to lodge pretrial order -- September 3, 2019 L/D to complete discovery -- June 11, 2019
L/D to lodge order appointing mediators -- June 21, 2019 L/D to file pretrial motions -- August 27, 2019
L/D to complete mediation -- September 17, 2019 6/6/19 -- Court approved order appointing mediators.
6/11/19 -- Court approved stipulation setting following dates: Discovery cutoff of June 11, 2019 is modified in following respects: Bren may serve written responses to discovery requests by June 24, 2019; Bitetti may take Bren's deposition not later than September 16, 2019; Plaintiff may file discovery motions related to the foregoing responses by September 16, 2019.
8/28/19 -- Court approved stipulation continuing pretrial conference to November 19, 2019 at 2:00 p.m.; extending discovery cutoff to the extent necessry to permit Bitetti to take Bren's deposition by November 18, 2019; and extending deadline for filing pretrial motions to November 18, 2019.
APPEARANCES WAIVED ON SEPTEMBER 17, 2019.
11/4/19 -- Court approved stipulation continuing pretrial conference to January 14, 2020 at 2:00 p.m.; extending discovery cutoff to the extent necessry to permit Bitetti to take Bren's deposition by January 13, 2020; and extending deadline for filing pretrial motions to January 13, 2020.
APPEARANCES WAIVED ON NOVEMBER 19, 2019.
2:00 PM
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 O'Dea
Rika Kido
2:00 PM
Adv#: 2:19-01017 Bradley D. Sharp, Chapter 7 Trustee v. Global Merchant Cash, Inc.
Docket 18
NONE LISTED -
8/12/19 -- Court approved stipulation continuing hearing to October 15, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
10/4/19 -- Court approved stipulation continuing hearing to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 15, 2019.
11/12/19 -- Court approved compromise resolving matter and mooting this motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Shepherd University Represented By Jaenam J Coe
Defendant(s):
Global Merchant Cash, Inc. Represented By Menachem Piekarski
Movant(s):
Global Merchant Cash, Inc. Represented By Menachem Piekarski
2:00 PM
Plaintiff(s):
Bradley D. Sharp, Chapter 7 Trustee Represented By
Elissa Miller
Trustee(s):
Bradley D. Sharp (TR) Represented By Elissa Miller
2:00 PM
fr. 5-29-19, 6-5-19, 6-19-19
fr. 9-17-19
Docket 285
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Final Ruling for September 17, 2019:
Parties report that matter has been resolved and that agreement is being circulated. Continue hearing to November 19, 2019 at 2:00 p.m.
Tentative Ruling for November 19, 2019:
2:00 PM
Docket does not reflect the filing of any document resolving this matter. What is the status of this claim objection? Will this objection be withdrawn? If so, when? 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
fr. 5-29-19, 6-5-19, 6-19-19, 9-17-19
Docket 286
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Final Ruling for September 17, 2019:
Parties report that matter has been resolved and that agreement is being circulated. Continue hearing to November 19, 2019 at 2:00 p.m.
Tentative Ruling for November 19, 2019:
2:00 PM
Docket does not reflect the filing of any document resolving this matter. What is the status of this claim objection? Will this objection be withdrawn? If so, when? 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
fr. 5-29-19, 6-5-19, 6-19-19
fr. 9-17-19
Docket 294
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Final Ruling for September 17, 2019:
Parties report that matter has been resolved and that agreement is being circulated. Continue hearing to November 19, 2019 at 2:00 p.m.
Tentative Ruling for November 19, 2019:
2:00 PM
Docket does not reflect the filing of any document resolving this matter. What is the status of this claim objection? Will this objection be withdrawn? If so, when? 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
fr. 6-5-19, 9-17-19
Docket 314
NONE LISTED -
There are a number of problems on both sides here. The debtor did not give at least 30 days notice of the hearing. The proof of claim contains no copy of any contract nor any intelligible supporting information or documentation. It cannot be determined from the proof of claim why the claimant is seeking payment of the specified amount. Therefore, it is not entitled to any kind of presumption. The declaration filed in support of the motion sufficiently authenticates the attachments but the attachments were not included. The only exhibit is a copy of the proof of claim. Nothing contained in the declaration explains the basis of the objection and the declaration does not lay a sufficient foundation for the declarant's reliance on any business records of the debtor.
In short, there is nothing here upon which the court could make a ruling of any kind. Continue the hearing. Set a deadline for the debtor to file an amended objection and a deadline for the creditor to file an amended response, if it considers that necessary. Court will give the parties an opportunity to conduct discovery and deem the matter to be an adversary proceeding for procedural purposes.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
2:00 PM
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
Movant(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
2:00 PM
fr. 5-29-19, 6-5-19, 6-19-19
fr. 9-17-19
Docket 284
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Final Ruling for September 17, 2019:
Parties report that matter has been resolved and that agreement is being circulated. Continue hearing to November 19, 2019 at 2:00 p.m.
2:00 PM
Tentative Ruling for November 19, 2019:
Docket does not reflect the filing of any document resolving this matter. What is the status of this claim objection? Will this objection be withdrawn? If so, when? 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
fr. 5-29-19, 6-5-19, 6-19-19
fr. 9-17-19
Docket 298
NONE LISTED -
5/16/19 -- Court approved stipulation continuing hearing to June 5, 2019 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2019.
5/24/19 -- Court approved stipulation continuing hearing to June 19, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 5, 2019.
Tentative Ruling for June 19, 2019:
Grant relief from stay to the extent necessary to permit the parties to litigate any and all claims that they may have against one another to a final judgment, including any post-trial motions and appeals. Hold claim objections in abeyance and conduct periodic status conferences in the interim.
Tentative Ruling for September 17, 2019:
Where is the status report that should have been filed by September 3, 2019?
Final Ruling for September 17, 2019:
Parties report that matter has been resolved and that agreement is being circulated. Continue hearing to November 19, 2019 at 2:00 p.m.
Tentative Ruling for November 19, 2019:
2:00 PM
Docket does not reflect the filing of any document resolving this matter. What is the status of this claim objection? Will this objection be withdrawn? If so, when? 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#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
fr. 11/5/19
Docket 183
NONE LISTED -
11/4/19 -- Court approved stipulation continuing hearing to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5, 2019.
Tentative Ruling for November 19, 2019:
Discovery cutoff has already passed. Original answers were filed more than a year ago in August of 2018. Many of the arguments that defendants seek to raise may already be raised in connection with the court's adjudication of the value of the transfer. Court will not permit the filing of a counterclaim at this late date.
Deny motion.
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 Stephen S Smyth
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Julie A Taberdo Represented By Michael A Coletti Jason L Weisberg
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
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,
11-5-19, 10-16-18, 11-27-18, 12-18-18, 3-19-19, 7-16-19, 11/5/19
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 Sevices, Inc.
11/5/19 - Jason Weisberg, (818)925-7400, has been approved for telephonic appearance on 11/19/19 @ 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.
12/19/18 -- Court approved scheduling order setting following dates:
Cont'd status conference -- March 19, 2019 at 2:00 p.m. L/D to conduct discovery -- March 31, 2019
L/D to file joint status report -- March 5, 2019
Tentative Ruling for March 19, 2019:
Are the parties on track to complete discovery by March 31? Have they made arrangements to participate in a mediation before Meredith Jury?
Hearing required.
3/20/19 -- Court extended discovery cutoff to May 17, 2019.
Tentative Ruling for May 7, 2019:
No defaults were entered. Defendants have all answered. Certain of the parties have requested an extension of the discovery cutoff. Extend discovery cutoff to July 1, 2019. Plaintiff and Hooshim have expressed an intention to file motions for summary judgment or partial summary
2:00 PM
adjudication. Set deadline for the filing of these motions and continue status conference to date set for hearing on these motions.
5/8/19 -- Court signed scheduling order with following dates:
Cont'd status conference -- July 16, 2019 at 2:00 (Court waived requirement of joint status report)
L/D for plaintiff, debtor and Alexandre Oh to file motion for summary judgment or partial summary adjudication -- May 28, 2019
Hearings on foregoing motions -- July 16, 2019 at 2:00 L/D to complete discovery -- July 1, 2019
Tentative Ruling for July 16, 2019:
Revisit status after conclusion of related matters on calendar. 7/18/19 -- Court approved scheduling order with the following dates: Cont'd status conference -- November 5, 2019 at 2:00 p.m.
L/D to file updated status report -- October 22, 2019 Discovery cutoff extended to October 15, 2019.
7/30/19 -- Court approved compromise between trustee and Hooshim pursuant to which Hooshim will be dismissed in exchange for a payment of
$36,000.
11/4/19 -- Court approved stipulation continuing hearing to November 19, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5, 2019.
Tentative Ruling for November 19, 2019:
Set date for pretrial conference and deadline for lodging pretrial order.
Debtor(s):
Chonghee Jane Kim Represented By
2:00 PM
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 Jason L Weisberg
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
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, 12-12-18, 4-10-19, 10-9-19, 10-16-19
Docket 1
11/1/19 - Notice of Rescheduled Hearing mailed to parties. Hearing has been rescheduled to 11/20/19 @ 11am.
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.
10:00 AM
Tentative Ruling for September 7, 2016:
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
10:00 AM
debtor succeed in paying November payments to secured creditors and October payments to unsecured creditors? Is debtor now current on payments under the plan?
Tentative Ruling for April 9, 2019:
Has debtor now made any of the March payments due secured creditors or the February and March payments due unsecureds? When are the April payments due? What is the status of debtor's efforts to clarify amounts due Wells Fargo?
Hearing required.
Tentative Ruling for October 16, 2019:
The Court is confused by the entry on the debtor's report fro Wells Fargo (now Fay Servicing). Has the debtor paid the June 2019 payment? Has the debtor paid any of the payments due for August, September and October 2019 for this lender? The Court has the same questions with regard to the two Pennymac (now SN Servicing) unsecured claims.
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
10:00 AM
Docket 157
11/1/19 - Notice of Rescheduled Hearing mailed to parties. Hearing has been rescheduled to 11/20/19 @ 11am
NONE LISTED -
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
10:00 AM
Docket 78
11/1/19 - Notice of Rescheduled Hearing mailed to parties. Hearing has been rescheduled to 11/20/19 @ 11am
NONE LISTED -
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 10
11/1/19 - Notice of Rescheduled Hearing mailed to parties. Hearing has been rescheduled to 11/20/19 @ 11am
NONE LISTED -
Debtor(s):
Annette Victoria Torres Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 10
11/1/19 - Notice of Rescheduled Hearing mailed to parties. Hearing has been rescheduled to 11/20/19 @ 11am
Deny motion on both substantive and procedural grounds. Debtor failed to provide notice and opportunity to object and debtor is not eligible to be a debtor in chapter 13. Debtor is unemployed and therefore has no regular income and, inasmuch as this is the debtor's third filing and debtor has been engaged in a series of transfers intended to hinder, delay and defraud foreclosing creditor, debtor is not acting in good faith and is not eligible to be a chapter 13 debtor on that ground either.
Debtor(s):
Annette Victoria Torres Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 78
11/1/19 - Notice of Rescheduled Hearing mailed to parties. Hearing has been rescheduled to 11/20/19 @ 11am
Grant motion. Approve bidding procedures. Approve sale to highest bidder.
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 157
11/1/19 - Notice of Rescheduled Hearing mailed to parties. Hearing has been rescheduled to 11/20/19 @ 11am
11/12/19 - Notice of Rescheduled hearing received from U.S. Post Office for Debtor - "Return to Send, Attempted - Not Known- Unable to Forward".
11/19/2019 - Varand Gourjian, Esq. , (818) 956-0100 has been approved for telephonic appearance on 11/20/19 @ 10:AM
There is no point in keeping this case in bankruptcy. The Court previously approved a stipulation with the senior lienholder pursuant to which that lienholder now has relief from stay and has either conducted a foreclosure sale or will conduct one shortly. The Court is satisfied that the trustee has used his best efforts to try to sell this property and has not been able to do so.
Grant motion. Dismiss case.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
11:00 AM
Adv#: 2:19-01023 Avery v. Kim et al
Docket 27
11/19/2019 - Varand Gourjian, Esq. , (818) 956-0100 has been approved for telephonic appearance on 11/20/19 @ 10:AM
Dismiss adversary proceeding in light of dismissal of underlying bankruptcy case.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Bon Koo Kim Pro Se
Youngsook Kim Pro Se
Ki Y Jang Pro Se
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
11:00 AM
Adv#: 2:19-01023 Avery v. Kim et al
Youngsook Kim, Ki Y Jang
fr. 4-2-19, 7-2-19, 10-1-19, 11-5-19
Docket 1
11/19/2019 - Varand Gourjian, Esq. , (818) 956-0100 has been approved for telephonic appearance on 11/20/19 @ 10AM
Tentative Ruling for April 2, 2019:
In status report, trustee states that he has agreed to extend the deadline for Bon Koo Kim and Youngsook Kim to respond to the complaint until April 10, 2019. Court approval is required for such an extension. Trustee should either file a stipulation to this effect and upload order or at least upload a form of order to memorialize this extension.
Can this matter be adjudicated before the adversary proceeding on calendar as number 209 has been resolved, at least in part? How can the court determine whether there is any equity in the property and therefore whether there is any point in authorizing a sale of the property until it has determined whether any of the liens the trustee has challenged are avoidable?
Hearing required.
Final Ruling for April 2, 2019:
Continue status conference to July 2, 2019 at 2:00 p.m. Parties shall file joint
11:00 AM
status report not later than June 18, 2019.
Tentative Ruling for July 2, 2019:
Trustee filed a unilateral status report. Where is the declaration that the local rules require accompany a unilateral status report?
What, if anything, is left of this action? There is a stipulation for the entry of judgment, reciting that the two defendants stipulating to judgment are the two remaining defendants. Why doesn't the status report say anything about the defaults or the stipulation? In other words, the status report does not contain any information actually relevant to the status of this action. This is problematic. Hearing required.
Tentative Ruling for October 1, 2019:
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 November 5, 2019:
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 20, 2019:
Take status conference off calendar due to dismissal of adversary proceeding.
Debtor(s):
Bricks Hospitality Group, L.L.C. Represented By
Victor A Sahn
Defendant(s):
Bon Koo Kim Pro Se
Youngsook Kim Pro Se
Ki Y Jang Pro Se
11:00 AM
Plaintiff(s):
Wesley H Avery Represented By Varand Gourjian
Trustee(s):
Wesley H Avery (TR) Represented By Varand Gourjian
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, 12-12-18, 4-10-19, 10-9-19, 10-16-19
Docket 1
11/1/19 - Notice of Rescheduled Hearing mailed to parties. Hearing has been rescheduled to 11/20/19 @ 11am.
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.
11:00 AM
Tentative Ruling for September 7, 2016:
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
11:00 AM
debtor succeed in paying November payments to secured creditors and October payments to unsecured creditors? Is debtor now current on payments under the plan?
Tentative Ruling for April 9, 2019:
Has debtor now made any of the March payments due secured creditors or the February and March payments due unsecureds? When are the April payments due? What is the status of debtor's efforts to clarify amounts due Wells Fargo?
Hearing required.
Tentative Ruling for October 16, 2019:
The Court is confused by the entry on the debtor's report fro Wells Fargo (now Fay Servicing). Has the debtor paid the June 2019 payment? Has the debtor paid any of the payments due for August, September and October 2019 for this lender? The Court has the same questions with regard to the two Pennymac (now SN Servicing) unsecured claims.
Final Ruling for October 16, 2019:
Debtor owes plan payments for June, July, August, September and October. For Wells, she owes these payments plus April and May. Debtor is hoping to refinance, which should take 3 to 4 weeks. Continue case status conference to November 20, 2019 at 10:00 a.m. Debtor should file updated status report by November 15, 2019.
Tentative Ruling for November 20, 2019:
Reorganized debtor is now saying that it will take another 2 to 3 weeks to arrange financing. Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file updated status report by January 3, 2020.
Debtor has been in default under her plan for an extended period. This cannot continue. Court will convert or dismiss case on January 15 if debtor has not cured arrearages under her plan by then.
11:00 AM
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
11:00 AM
Approving Sale Of Substantially All Of The Debtor's Assets Free And Clear Of All Encumbrances;
Approving Of The Debtor's Assumption And Assignment Of Unexpired Leases And Executory Contracts And Determining Cure Amounts And Approving Of The Debtor's Rejection Of Those Unexpired Leases And Executory Contracts Which Are Not Assumed And Assigned;
Waiving The 14-Day Stay Periods Set Forth In Bankruptcy Rules 6004(h) And 6006(d)
Granting Related Relief
Docket 115
11-18-19 - Jessica L. Bagdanov (818) 827-9212 has been approved for telephonic appearance on 11/20/19 @ 11AM
11/13/19 -- At hearing held this date, Court agreed to conduct this hearing as a status conference on the sale. No auction will occur on this date. Auction will be continued to December 11, 2019 at 10:00 a.m.
Tentative Ruling for November 20, 2019:
Has the debtor made any progress in its efforts to negotiate a consensual resolution of issues in this case?
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender
11:00 AM
Lindsey L Smith
Merhab, Robinson & Clakson, Law
11:00 AM
fr. 11-13-19
Docket 113
- NONE LISTED -
Bankruptcy Code section 363(k) permits a secured creditor to credit bid at a sale of an asset that is subject to its security interest unless the court "for cause" orders otherwise. There are too many questions here concerning the validity and perfection of the creditor's claim to permit credit-bidding. Deny motion. Elbasri may not credit bid at the sale; however, Elbasri's alleged liens against the assets should attach to the proceeds of sale with whatever validity and priority they had as against the assets themselves. Proceeds should be held in trust pending further order of the Court.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
11:00 AM
Authorizing The Debtor To Utilize Cash Collateral Pursuant To 11 U.S.C. §§ 361, 362, 363;
Granting Adequate Protection Pursuant To 11 U.S.C. §§ 361, 362, 363
Scheduling A Final Hearing Pursuant To Bankruptcy Rules 4001(B)
Granting Related Relief fr. 10-24-19
Docket 5
- NONE LISTED -
Tentative Ruling for October 24, 2019:
Provided service is adequate, authorize debtor to use cash collateral. Grant motion on an interim basis, authorizing use of cash collateral in an amount sufficient to enable debtor in possession to operate through the date of final hearing (to be calculated at hearing) in accordance with budget plus a 15 percent variance. All lenders shall receive replacement lien on post-petition assets, other than avoiding power actions, 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 on motion.
Final Ruling for October 24, 2019:
Set final hearing for November 20, 2019 at 11:00 a.m. In interim, authorize debtor to use between date of hearing and 5 pm on November 22, 2019 cash collateral in accordance with the budget, plus a 15 percent variance, to the
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extent necessary to pay business expenses in amounts not to exceed in the aggregate (including variance) $415,000. Lenders shall receive replacement liens on all post-petition assets other than avoiding power actions and recoveries with the same validity and priority as their prepetition liens. Debtor should file and serve by November 15, 2019 a declaration setting forth actual cash use pursuant to this order. Debtor must file and serve notice of final hearing and amended budget not later than October 30, 2019. Due dates for opposition and replies should be as set forth in LBRs.
Tentative Ruling for November 20, 2019:
Grant motion on final basis. Authorize use of cash collateral in accordance with budget, plus a 15 percent variance through January 17, 2020. Grant lenders replacement liens on same terms as in interim order.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
Movant(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
fr. 10-24-19
Docket 8
- NONE LISTED -
Tentative Ruling for October 24, 2019:
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.
Final Ruling for October 24, 2019:
Grant motion on terms set forth in tentative ruling. Set final hearing for November 20, 2019 at 11:00 a.m. Debtor should serve and file notice and send deposit payments by October 28, 2019. Utilities will have until November 8, 2019 to object in writing. Debtor should file by November 15, 2019 any objections and the debtor's response
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thereto.
Tentative Ruling for November 20, 2019:
Did any utilities object to the debtor's proposed adequate assurance?
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
Movant(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
2:00 PM
Docket 78
11/13/19 - Gerrick Warrington, (323)658-9792, has been approved for telephonic appearance on 11/20/19 @ 2pm
With regard to Boston Private Bank's objection, court agrees that plan should be updated with current amounts due bank and language proposed by creditor on this issue appears appropriate. Balance of the objection should be overruled. Feasibility issues can be addressed at confirmation and balance of concerns are unfounded. Debtors can move for a final decree whenever they please, but creditors can always oppose that motion and the court will not enter a final decree if the debtors have already defaulted on the payments due under the plan (and by default, the court means failing to make the payments when due, not having failed to cure the payment default within 90 days after receipt of a 30 day notice). With regard to issue of revesting in the event of conversion, the Court does not read this section the way that Boston does. The debtors house was formerly property of the chapter 11 estate and will therefore become property of the chapter 7 estate unless it has been sold to a third party by then. Revesting in the reorganized debtor is not sufficient to prevent the property from becoming an asset of the chapter 7 estate.
What is the debtor's response to the issues raised in Wilmington Trust's objection to approval of the disclosure statement?
Court has a few additional comments/concerns about the form of the plan and disclosure statement.
Debtor(s):
Daniel E. Rogosin Represented By
2:00 PM
Matthew D. Resnik Roksana D. Moradi-Brovia
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
2:00 PM
Docket 1
11/13/19 - Gerrick Warrington, (323)658-9792, has been approved for telephonic appearance on 11/20/19 @ 2pm
Set bar date and deadline for serving notice of bar date. Continue status conference approximately 3 months.
3/4/19 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- March 6, 2019
Bar date -- May 10, 2019
Cont'd status conference -- June 5, 2019 at 11:00 a.m. L/D to file updated status report -- May 24, 2019.
Tentative Ruling for June 5, 2019:
How are the prospects for finding a long term tenant for the property? Has anyone expressed interest in possibly renting the property?
Set deadline of approximately four months for the debtor to file a plan of reorganization. If debtor still has not found a long term tenant by then, it may be time for the debtor to re-evaluate its reorganization strategy.
6/10/19 -- Court approved scheduling order with following dates: Cont'd status conference -- September 4, 2019 at 11:00 a.m.
L/D to file updated status report -- August 23, 2019
L/D to file plan and disclosure statement (or case will be converted to chapter
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7) -- October 9, 2019
Tentative Ruling for September 4, 2019:
Continue case status conference to October 10, 2019 at 10:00 a.m. Court will convert case to chapter 7 at that time if debtor has not either filed a plan of reorganization and a disclosure statement or a motion for authority to sell the property to a specific buyer by October 9, 2019.
Waive appearances on September 4, 2019.
Tentative Ruling for October 10, 2019:
Debtor filed plan and disclosure statement on October 8, 2019. A hearing on the disclosure statement is set for November 20, 2019 at 2:00 p.m. Continue case status conference to November 20, 2019 at 2:00 p.m. to be heard concurrently with disclosure statement. APPEARANCES WAIVED ON OCTOBER 10, 2019.
Tentative Ruling for November 20, 2019:
If court approves disclosure statement, set plan-related deadlines. If court continues hearing, continue case status conference to date of continued hearing on disclosure statement.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D Resnik
Roksana D. Moradi-Brovia
10:00 AM
CATHERINE TRINH 2:18-BK-11475RK
Docket 0
- NONE LISTED -
Take appearances on the record in courtroom and then move into chambers to conduct mediation.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
10:00 AM
MOVANT: CAB WEST, LLC
Docket 43
11/25/19 - John Kim (714)431-1086, has been approved for telephonic appearance on 12/3/19 @ 10am
GRANTED:
GRANTED IN PART/
DENIED IN PART:
GRANTED IN PART/CONTINUED IN PART:
GRANTED W/
CONDITIONS:
DENIED:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
COURT TO PREPARE ORDER:
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CONT'D. TO: AT:
WITHDRAWN:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Miguel Luciano Beno Represented By Cameron H Totten
Movant(s):
Cab West, LLC Represented By Jennifer H Wang
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
362(c)(4)(A)(ii) .
MOVANT: US BANK NATIONAL ASSOCIATION
Docket 49
- NONE LISTED -
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
WITHDRAWN:
Grant motion. Confirm that no stay went into effect when this case was filed
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on April 23, 2019 due to the fact that two prior cases had been filed and dismissed with regard to this debtor within the year prior to the bankruptcy filing.
Debtor(s):
Eduardo Castaneda Pro Se
Movant(s):
U.S. Bank National Association, As Represented By
Cassandra J Richey
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
10:00 AM
MOVANT: UMPQUA BANK
Docket 43
- NONE LISTED -
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
WITHDRAWN:
Grant without waiver of Rule 4001(a)(3).
10:00 AM
Debtor(s):
VEPEL 6 LLC Represented By Thomas B Ure
Movant(s):
Umpqua Bank Represented By Thomas M Geher
Trustee(s):
John J Menchaca (TR) Represented By
M Douglas Flahaut
10:00 AM
MOVANT: OSM LOAN ACQUISITIONS IX, LP
Docket 54
11/27/19 - Aron M. Oliner, (415)957-3104 has been approved for telephonic appearance on 12/03/19 @ 10 AM
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
WITHDRAWN:
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Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Movant(s):
OSM Loan Acquisitions IX, LP Represented By Geoffrey A Heaton
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: 2017-1 IH BORROWER LP, A DELAWARE LIMITED PARTNERSHIP
fr. 11-5-19
Docket 14
- NONE LISTED -
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
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WITHDRAWN:
Tentative Ruling for November 5, 2019:
Motion states (in two places) that unlawful detainer action was filed on August 22, 2019 without knowledge of debtor's bankruptcy filing. This is not surprising as there was no bankruptcy as of that date. The issue is whether movant knew of the bankruptcy filing at the time of the unlawful detainer trial and entry of judgment on September 12, 2019. Declaration is silent on this issue. Declaration states that movant's attorney received an email advising him of the bankruptcy filing on September 17, but does not say that he had no prior knowledge of the filing or when he actually first learned of the bankruptcy filing. If movant would like the automatic stay annulled, continue hearing to give movant an opportunity to file supplemental declaration that actually discloses when movant first learned of the bankruptcy filing.
Final Ruling for November 5, 2019:
Continue hearing to December 3, 2019 at 10:00 a.m. Movant should file and serve supplemental declaration setting forth when movant learned of bankruptcy filing not later than November 12, 2019. Debtor may file and serve any response not later than November 21, 2019.
Tentative Ruling for December 3, 2019:
Movant requests in both declarations annulment of the September 12, 2019 judgment. Court assumes that this is a mistake. The motion seeks annulment of the automatic stay to validate the September 12 judgment.
Grant motion, including annulment, without waiver of 14-day stay.
Debtor(s):
Phyllis America Haynes Pro Se
10:00 AM
Movant(s):
2017-1 IH Borrower LP, A Delaware Represented By
Agop G Arakelian
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: JPMORGAN CHASE BANK, N.A.
Docket 14
- NONE LISTED -
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
WITHDRAWN:
Grant without waiver of Rule 4001(a)(3).
10:00 AM
Debtor(s):
Nicholas Laroche Pro Se
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Gilbert R Yabes
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
VIN # ZACCJAAB6HPF59381
MOVANT: SANTANDER CONSUMER USA INC. DBA CHRYSLER CAPITAL
Docket 16
11/25/19 - John Kim, (714)431-1086, has been approved for telephonic appearance on 12/3/19 @ 10am
GRANTED:
GRANTED IN PART/
DENIED IN PART:
GRANTED IN PART/CONTINUED IN PART:
GRANTED W/
CONDITIONS:
DENIED:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
COURT TO PREPARE ORDER:
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CONT'D. TO: AT:
WITHDRAWN:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Tarren David Clark Pro Se
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: ELLEN MCCORMICK, TRUSTEE OF THE BLUE TRUST
Docket 8
- NONE LISTED -
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
WITHDRAWN:
Declaration offered in support of opposition does not contain admissible
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evidence. The declaration does not explain how or why declarant would know that the agreement provided is a true and correct copy of the Blue Trust agreement or how declarant would be in a position to testify as to Kelly Meade's condition. Declarant is Jeffrey Meade's attorney, not a doctor treating Kelly Meade.
Motion is not based on a misrepresentation. Motion states clearly that there is no rent due. However, movant has served debtor with a 30-day notice and has filed an unlawful detainer complaint. Resolution of the disputes between movant and her sister will turn upon an interpretation of the Blue Trust agreement and the parties' respective rights thereunder. This court lacks jurisdiction to adjudicate a probate dispute between two nondebtors.
Grant motion including waiver of Rule 4001(a)(3). If debtor's spouse has a defense to her sister's eviction action, she should raise that in the unlawful detainer action, not in her husband's bankruptcy case.
Debtor(s):
Jeffrey Meade Represented By Robert A Brown
Movant(s):
Ellen McCormick, Trustee of the Represented By
Paul E Gold
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: YAMAHA MOTOR FINANCE CORP
Docket 8
- NONE LISTED -
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
WITHDRAWN:
Grant with waiver of Rule 4001(a)(3).
10:00 AM
Debtor(s):
Luis Angel Duran Represented By Francis Guilardi
Movant(s):
Yamaha Motor Finance Corporation Represented By
Karel G Rocha
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: MAZYAR KAZEROONI
Docket 76
- NONE LISTED -
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
WITHDRAWN:
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Deny motion. It appears that the majority of movant's claims are against Jimmy Wang, not against the debtor. The automatic stay does not prevent movant from litigating his claims against Jimmy Wang. The Court has entered an order disallowing the claim that movant sought to assert againt the debtor. Movant should delete any claims against the debtor from his complaint and prosecute his claims against Jimmy Wang in state court.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
Movant(s):
Mazyar Kazerooni Represented By Ashkan Hejazi
10:00 AM
MOVANT: FELIX BENZIMRA
Docket 15
11/26/19 - Lewis Landau, (888)822-4340, has been approved for telephonic appearance on 12/3/19 @ 10am
GRANTED:
DENIED:
DENIED AS MOOT:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
ORDER APPROVED:
COURT TO PREPARE ORDER:
CONT'D. TO: AT
ADEQUATE PROTECTION
ORDER TO FOLLOW :
WITHDRAWN:
10:00 AM
Debtor owns Spear Productions, LLC, a suspended entity, which had previously owned the property. Movants foreclosed on the property and commenced an unlawful detainer action against Spear. (Post-petition, individual debtor filed claim to right of possession.) Debtor listed property on schedules with the notation "title and loan in the name of Debtor's LLC, Spear Productions, LLC.
Grant motion. Debtor's mere possession of the property is not a property interest protected by the automatic stay. See In re Perl, 811 F.3d 1120. Debtor did not own title to the property and did not have a leasehold interest in the property. The automatic stay did not bar movants from proceeding with a foreclosure.
Debtor has filed an adversary proceeding claiming that the foreclosure was unlawful. Court will not leave the automatic stay in place until this lawsuit is concluded. If debtor would like injunctive relief based on any of the claims asserted in his adversary proceeding, he should bring a motion for a temporary restraining order or a preliminary injunction in that action and demonstrate that he is entitled to injunctive relief utilizing the traditional standard for injunctive relief.
Grant motion, including waiver of Rule 4001(a)(3). Prohibit eviction prior to December 6, 2019.
Debtor(s):
Charles Adib Hage Represented By Brian J Soo-Hoo
Movant(s):
Sarah Amozeg-Tirosh Benzimra Represented By
Lewis R Landau
Felix Benzimra Represented By Lewis R Landau
10:00 AM
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
fr. 11-06-19, (advanced)12-11-19
Docket 82
- NONE LISTED -
GRANTED:
GRANTED IN PART/
DENIED IN PART:
GRANTED IN PART/CONTINUED IN PART:
GRANTED W/
CONDITIONS:
DENIED:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
COURT TO PREPARE ORDER:
CONT'D. TO: AT:
10:00 AM
WITHDRAWN:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
10/24/19 -- Court approved stipulation continuing hearing to December 11, 2019 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 6, 2019.
11/20/19 -- Court granted ex parte application advancing hearing date to December 3, 2019 at 10:00 a.m.
Tentative Ruling for December 3, 2019:
Court is not prepared to adjudicate in this context whether or not there has been a breach of the parties' agreements. Grant relief from stay to the extent necessary to permit movant to serve notice of termination and to exercise termination rights under the agreement, should it wish to do so. Deny request to compel debtor to assume or reject contract.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
Movant(s):
Good American, LLC Represented By Jeffrey A Krieger
Frame LA Brands, LLC Represented By Jeffrey A Krieger
10:00 AM
10:30 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 589
11/15/19: Judge Bluebond has asked attorney to re-notice this motion to this time slot (orig from 2PM to 1030am) wk
11/27/19 - Jessica Ponce, (213)263-2911, has been approved for telephonic appearance on 12/3/19 @ 10:30am
12/3/19 - Derek Linke, (206) 274-2800, has been approved for telephonic appearance on 12/3/19 @ 10:30 am
GRANTED:
GRANTED IN PART/
DENIED IN PART:
GRANTED IN PART/CONTINUED IN PART:
GRANTED W/
CONDITIONS:
DENIED:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
COURT TO PREPARE ORDER:
10:30 AM
CONT'D. TO: AT:
WITHDRAWN:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
Deny motion. The relief requested in this motion goes well beyond the scope of the limited purpose for which NIC was permitted to intervene and appears to have been written largely for the benefit of Baker, rather than NIC. The order entered April 10, 2019, docket no. 456, authorizes NIC to intervene in this matter "to the limited extent necessary to protect NIC's privilege interests in the data collected from Baker's devices." NIC should limit its advocacy to responding to the other motion on calendar, matter no. 51, insofar as it affects its privilege interests in the data collected from Baker's devices.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Movant(s):
Natural Immunogenics Corp Represented By
Peter A Arhangelsky
Plaintiff(s):
James Murtagh Represented By Douglas M Neistat
10:30 AM
Trustee(s):
Michael J Conway Derek Linke
Sam S Leslie (TR) Represented By Carolyn A Dye
10:30 AM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 594
11/27/19 - Jessica Ponce, (213)263-2911, has been approved for telephonic appearance on 12/3/19 @ 10:30am
12/3/19 - Derek Linke, (206) 274-2800, has been approved for telephonic appearance on 12/3/19 @ 10:30 am
GRANTED:
GRANTED IN PART/
DENIED IN PART:
GRANTED IN PART/CONTINUED IN PART:
GRANTED W/
CONDITIONS:
DENIED:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
COURT TO PREPARE ORDER:
CONT'D. TO: AT:
10:30 AM
WITHDRAWN:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
The Court offers the following observations:
It has never been established that there are in fact any "privileges" that apply to the data in question. Perhaps if Mr. Baker was retained by an attorney representing one of the parties asserting a privilege to perform work on that party's behalf, the attorney work product rule may apply to the documents/files, but, otherwise, it is hard to see how any privilege would apply here.
It was never the Court's intention for the neutral expert to work for free.
Plaintiff is the one who identified the potential experts and recommended Mr. Broom for this position.
The Court does not intend to "change horses mid-stream" with its neutral expert or to drag yet another vendor into this situation. Although that could conceivably reduce costs on a going forward basis (or not), it does not resolve the issue of who should pay for the work performed so far and does not address how payment would be assured for the incoming vendor.
No one appealed this Court's August 20, 2019 "Order re Data Turnover and Privilege Review" [docket no. 561].
$4,000 is a modest expense to impose on someone who may, or may not, have a privilege who would like to inspect data before it is turned over to Murtagh's expert. If the third parties do not want to pay this amount, they should be deemed to have waived any privilege that they might otherwise have asserted in Baker's data. It is not unreasonable to require that any party wishing to conduct this pre-turnover review pay Mr. Broom $4,000 before receiving the data to review. If the costs of performing the services necessary
10:30 AM
to sort for any given party's data prove to be less than this amount, Mr. Broom should refund any excess.
Plaintiff has not articulated any theory under which the Court can impose the costs of this discovery on Leppo. He is not a party to this action and the fact that he may have given Baker money for legal fees in the past does not make him liable for additional amounts owed by Baker -- even if he is a billionaire.
Court will set a deadline for any party who would like to conduct a pre- turnover review of the documents to pay Broom $4,000, and Broom should deliver that party's set aside data to it promptly upon receipt of this $4,000 payment, even if the remainder of his fees have not been paid.
After Broom receives payments from any third parties who would like to review data, he should deduct these payments from the balance due for services rendered. If Dr. Murtagh would like Broom to deliver data to Mr. Anderson in accordance with the August 20, 2019 order, he must pay the remaining balance due after application of the $4,000 payments. (If there is a dispute as to the reasonableness of Broom's charges, court will adopt a fee application like procedure to be used to resolve any such dispute.) Any payments made by Dr. Murtagh can be included as costs of suit that may be recovered as part of any judgment that he may obtain in the action.
The August 20, 2019 order should be modified if necessary to clarify that Baker is obligated to pay all fees and costs incurred by Broom and to reimburse Dr. Murtagh for any such fees and costs that he may advance.
As Mr. Broom's fees turned out to be significantly larger than Dr. Murtagh had imagined, Dr. Murtagh will not be obligated to pay the remaining balance due after the deduction of the $4,000 payments, but data will not be turned over to Mr. Anderson unless and until he does so. If Dr. Murtagh elects not to pay these amounts, he should proceed with his motion for default judgment without obtaining this data.
The Court is not inclined to eliminate the use of the search term "Murtagh" to limit the scope of the data in the manner contemplated by the
10:30 AM
August 20, 2019 order. The use of such a term is necessary to ensure that the data sought to be discovered has some bearing on the subject matter of this lawsuit.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Movant(s):
James Murtagh Represented By Douglas M Neistat Michael J Conway Derek Linke
James Murtagh Represented By David P Bleistein Lisa Hiraide Michael J Conway
Plaintiff(s):
James Murtagh Represented By Douglas M Neistat Michael J Conway Derek Linke
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:30 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, 8-16-18, 9-27-18, 12-11-18, 1-8-19, 3-12-19, 4-2-19, 6-11-19,
7-30-19, 10-15-19,11-19-19
Docket 1
11/27/19 - Jessica Ponce, (213)263-2911, has been approved for telephonic appearance on 12/3/19 @ 10:30am
12/3/19 - Derek Linke, (206) 274-2800, has been approved for telephonic appearance on 12/3/19 @ 10:30 am
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
10:30 AM
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
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:
10:30 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.
6/12/17 -- Court approved stipulation continuing hearing to July 11, 2017 at
10:30 AM
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.
10:30 AM
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.
12/10/18 -- Court approved stipulation continuing hearing to January 8, 2019 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 11, 2018. NO APPEARANCE REQUIRED.
Tentative Ruling for January 8, 2019:
Revisit status of action after conclusion of hearing on matter no. 209.
3/6/19 -- Court continued hearing to April 2, 2019 at 10:00 a.m. to be heard concurrently with related matters on calendar for that date and time.
Tentative Ruling for April 2, 2019:
Revisit status of action after conclusion of hearing on related matters on calendar.
Tentative Ruling for June 11, 2019:
10:30 AM
For reasons set forth in tentative ruling for matter no. 7, strike Baker's answer to complaint and enter judgment for plaintiff and take status conference off calendar. Plaintiff should lodge proposed form of judgment.
Final Ruling for June 11, 2019:
Court held that it would be more appropriate for plaintiff to file a motion for default judgment once Baker's answer has been stricken than for the court to grant summary judgment summarily. Court extended deadline for plaintiff to file motion for default judgment to December 2, 2019.
What is the status of this matter? What progress has been made with regard to the turnover of records from the neutral expert to the plaintiff? Hearing required.
Tentative Ruling for November 19, 2019:
What is the status of this matter? What progress has been made with regard to the turnover of records from the neutral expert to the plaintiff?
11/18/19 -- At plaintiff's request, Court continued status conference to December 3, 2019 at 10:30 a.m. to be heard concurrently with other matters set for hearing at that date and time. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for December 3, 2019:
Continue status conference to date that can be used for hearing on motion for default judgment (which must be filed by March 20, 2020).
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - Baruch C Cohen
10:30 AM
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Plaintiff(s):
James Murtagh Represented By Douglas M Neistat Michael J Conway Derek Linke
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:30 AM
Authorizing Use of Cash Collateral On An Interim Basis
Granting Replacement Liens
Scheduling a Final Hearing on Permanent Use of Cash Collateral
After Hearing, Authorizing Permanent Use of Cash Collateral fr. 9-12-19, 9-26-19
Docket 144
- NONE LISTED -
GRANTED:
GRANTED IN PART/
DENIED IN PART:
GRANTED IN PART/CONTINUED IN PART:
GRANTED W/
CONDITIONS:
DENIED:
TENTATIVE IS THE RULING:
10:30 AM
ORDER TO FOLLOW:
COURT TO PREPARE ORDER:
CONT'D. TO: AT:
WITHDRAWN:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
Tentative Ruling for September 12, 2019:
When debtor contacted chambers last week to request hearing on an emergency basis, counsel was instructed to file the motion and give notice last Friday, September 6. Instead, debtor filed motion and gave notice on Tuesday, September 10. Proof of service attached to notice of hearing represents that a chambers copy was personally delivered to Judge Bluebond's chambers on September 10, 2019, but that did not occur. As of 12:30 p.m. on September 11, 2019, judge still has not received a copy of the relevant papers.
Deny motion based on lack of sufficient notice. Court denied use of cash collateral in response to last motion as record could not establish that creditors with an interest in cash collateral were adequately protected. Debtor claims that there were improper chargebacks by credit card companies, but are these chargebacks actually improper or are they permitted recoupments? Did sale of principal's home close on September 11? Has debtor vacated the business premises that were the subject of the lease that was deemed rejected? If not, why not?
Final Ruling for September 12, 2019:
Authorize debtor to use cash collateral on an interim basis between September 12, 2019 and the date of final hearing solely for operating
10:30 AM
expenses in amounts not to exceed those set forth on the budget, plus a 15% variance. Total (including variance) cannot exceed $92,500 for this period.
Debtor should serve notice of continued hearing by September 13, 2019. Set final hearing for September 26, 2019 at 2:00 p.m. Oppositions will be due by noon on September 24, 2019. Any supplemental papers from the debtor must be filed and served by September 23, 2019. Debtor's papers should include report on actual expenditures pursuant to this order.
Tentative Ruling for September 26, 2019:
Does the attachment to the debtor's September 23, 2019 filing represent accrued expenses or amounts actually paid? If the latter, it appears that the debtor has spent more cash than it was entitled to spend pursuant to the Court's prior order. Is this correct?
Hearing required.
Tentative Ruling for December 3, 2019:
Debtor failed to comply with this Court's September 27, 2019 order requiring it to bring its next motion for authority to use cash collateral on a fully-noticed basis. Instead, debtor filed emergency motion for authority to use cash collateral, which the court set for December 4, 2019 at 10:30. OFF CALENDAR. THE COURT HAS ALREADY ENTERED A FINAL ORDER ON PRIOR MOTION FOR AUTHORITY TO USE CASH COLLATERAL. Motion
for authority to use cash collateral after December 3, 2019 is set for hearing on December 4, 2019.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
10:30 AM
Movant(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
10:30 AM
fr. 9-12-19, 9-26-19
Docket 135
- NONE LISTED -
VACATE OSC AS MOOT:
VACATE OSC AS DEBTOR IS IN COMPLIANCE
DISMISS CASE:
CONT'D. TO: AT:
TENTATIVE IS THE RULING:
COURT TO PREPARE ORDER:
Tentative Ruling for September 12, 2019:
Debtor concedes in its opposition that "Debtor has not generated a net profit during the five-month post-petition term," but, on the bright side, debtor notes that it has reduced its losses each month and generated a profit in August of
$5,269. This amount is undoubtedly dwarfed by the attorneys' fees that were
10:30 AM
incurred during the same period.
Debtor argues that unsecured creditors will have no chance of recovery unless its operations are permitted to resume. This may be true, but, because the debtor is losing money, it is essentially liquidating the collateral of secured creditors in order to finance its operations. In other words, it is spending the secured creditors' collateral in the hope of producing a distribution for unsecured creditors. Debtor argues that matters would look very different but for the chargebacks from AMEX and Visa, but debtor has not established that these chargebacks are improper. Debtor has not provided any evidence from which the Court can determine that whether the chargebacks in question are impermissible setoffs that violate the automatic stay or permissible recoupments that do not.
Debtor's operations have been losing money. Relief from stay has been granted to permit ADP to terminate its services. Debtor's motion to extend time to assume or reject its lease has been denied. Debtor is deemed to have rejected its lease and must vacate its business premises immediately. Debtor's motion to use cash collateral has been denied. Convert case to chapter 7. Chapter 7 trustee can request that case be dismissed if he or she thinks that would be more appropriate.
Final Ruling for September 12, 2019:
Continue hearing to September 26, 2019 at 2:00 p.m.
Tentative Ruling for September 26, 2019:
Is debtor current on its post-petition taxes? Post-petition insurance payments? Post-petition rents for premises other than New York lease? What kids of post-petition expenses are included within the $105,000 of post petition accounts receivable that have not been paid, according to the August 2019 operating report? Pages 15 and 16 of the August operting report refer to $414,593 that includes ""funds owed to Cash Advance Lenders." To what does this refer?
Hearing required.
10:30 AM
Tentative Ruling for December 3, 2019:
Debtor expects influx of cash of $127,000 from American Express and
$250,000 from insurance carrier. But for these extraordinary receipts, would the debtor anticipate operating profitably from this point forward? Hearing required.
CONTINUE THIS HEARING TO DECEMBER 4, 2019 AT 10:30 A.M. APPEARANCES WAIVED ON DECEMBER 3, 2019.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
10:30 AM
Docket 1
- NONE LISTED -
Set Claims bar date notice deadline:
Set Claims bar date:
Set deadline to Objection to Claims:
Last day to file Plan and Disclosure Statement:
Date Disclosure Statement can be heard, if timely filed:
Status Conference date continued to:
Status Report due:
Case Dismissed 180 day bar without 180 day bar
Case Converted to Chapter 7:
Chapter 11 Trustee Appointed:
Scheduling Order to be lodged by:
How has the debtor been doing with regard to meeting its projections? Are
10:30 AM
quotes converting to orders at the rate the debtor had anticipated? Has debtor succeeded in operating in accordance with its cash collateral budget or have there been significant variances? If so, in what areas?
Hearing required.
6/6/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- August 28, 2019 at 11:00 a.m. L/D to file updated status report -- August 16, 2019
L/D to serve notice of bar date -- June 7, 2019 Bar date -- August 9, 2019
Tentative Ruling for August 27, 2019:
Where is the status report that debtor was to have filed by August 16, 2019? Based on US Trustee's status report, issue OSC why case should not be dismissed or converted. Set expedited hearing on OSC.
Tentative Ruling for September 12, 2019:
Take case status conference off calendar due to conversion of case to chapter 7.
Tentative Ruling for December 3, 2019:
Revisit status of case after conclusion of related matters on calendar.
CONTINUE THIS HEARING TO DECEMBER 4, 2019 AT 10:30 A.M. APPEARANCES WAIVED ON DECEMBER 3, 2019.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
10:30 AM
Crystle Jane Lindsey
2:00 PM
Adv#: 2:19-01150 Avery v. Huber
fr. 7-30-19, 9-17-19
Docket 1
11/27/19 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 12/3/19 @ 2pm
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
2:00 PM
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
6/25/19 -- Court approved stipulation giving defendant until July 30, 2019 to respond to complaint.
Tentative Ruling for July 30, 2019:
Inasmuch as defendant has not yet responded to complaint, continue status conference to September 17, 2019 at 2:00 p.m. Parties should file and serve joint status report not later than September 3, 2019. APPEARANCES WAIVED ON JULY 30, 2019.
7/30/19 -- Court approved stipulation continuing response date to August 13, 2019.
Tentative Ruling for September 17, 2019:
Set deadline for trustee to file amended complaint and deadline for filing response thereto.
9/23/19 -- Court entered order granting motion to dismiss with leave to amend and setting following dates:
L/D for trustee to file amended complaint -- October 8, 2019
L/D for defendant to response to amended complaint -- October 29, 2019 Cont'd status conference -- December 3, 2019 at 2:00 p.m.
L/D to file joint status report -- November 19, 2019
Tentative Ruling for December 3, 2019:
2:00 PM
No order approving compromise has been entered because, on October 22, 2019, order uploaded was rejected with notation that order should have been uploaded in the main case, not in the adversary. No new order has been lodged.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Craig Huber Represented By
Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01151 Avery v. Quinn Emanuel Urquhart & Sullivan, LLP
Docket 49
11/27/19 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 12/3/19 @ 2pm
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
Trial set for:
2:00 PM
Scheduling order to be
lodged by:
Off Calendar:
The Court has previously ruled that the fraudulent transfer claim is not time- barred and that the trustee may plead in the alternative that a given transfer was either a preference or a fraudulent transfer. The complaint adequately identifies the transfer in question -- a single transfer of $50,000 on March 10, 2017. Defendant knows the facts and circumstances surrounding that transfer and has sufficient information with which to formulate a defense.
Deny motion. Set deadline for defendant to respond to complaint.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Quinn Emanuel Urquhart & Represented By Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01151 Avery v. Quinn Emanuel Urquhart & Sullivan, LLP
fr. 7-30-19, 9-17-19
Docket 1
10/8/19 - Amended Complaint filed
11/27/19 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 12/3/19 @ 2pm
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
2:00 PM
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
6/25/19 -- Court approved stipulation giving defendant until July 30, 2019 to respond to complaint.
Tentative Ruling for July 30, 2019:
Inasmuch as defendant has not yet responded to complaint, continue status conference to September 17, 2019 at 2:00 p.m. Parties should file and serve joint status report not later than September 3, 2019. APPEARANCES WAIVED ON JULY 30, 2019.
7/30/19 -- Court approved stipulation continuing response date to August 13, 2019.
Tentative Ruling for September 17, 2019:
Set deadline for plaintiff to file amended complaint and deadline for filing response thereto.
Tentative Ruling for December 3, 2019:
Continue status conference 90 to 120 days and order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Premiere Medical Management Represented By
2:00 PM
David L Oberg
Defendant(s):
Quinn Emanuel Urquhart & Represented By Ian S Shelton
Plaintiff(s):
Wesley H, Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:18-01442 Martinez v. Peters et al
fr. 2-26-19, 5-14-19, 8-27-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
2:00 PM
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
Continue status conference approximately 90 to 120 days. Discuss with parties the timing for sending the matter to mediation.
5/20/19 -- Court signed scheduling order with following dates: Discovery cutoff -- October 31, 2019
Cont'd status conference -- August 27, 2019 at 2:00 p.m. L/D to file joint status report -- August 13, 2019
Tentative Ruling for August 27, 2019:
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
9/11/19 -- Court approved stipulation for voluntary mediation before Judicate West.
Tentative Ruling for December 3, 2019:
Continue discovery cutoff to April 17, 2020 and continue status conference to late March or early April.
Debtor(s):
Kevin E. Peters Represented By
M. Jonathan Hayes
2:00 PM
Defendant(s):
Kevin Edmond Peters Represented By
M. Jonathan Hayes
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Joint Debtor(s):
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Plaintiff(s):
Sharon Martinez Represented By
John-Patrick M Fritz
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:19-01170 Farwell v. Herzstock
J. Herzstock fr. 8-27-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
2:00 PM
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
Tentative Ruling for August 27, 2019:
Explain to defendant importance of complying with court's local rules concerning the conduct of adversary proceeding.
Tentative Ruling for December 3, 2019:
Where is status report that should have been filed by November 19, 2019?
Debtor(s):
Edward J. Herzstock Represented By
J.D. Cuzzolina
Defendant(s):
Edward J. Herzstock Pro Se
Plaintiff(s):
Alec Farwell Represented By
Sarah R Wolk Zachary Levine
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01171 Chasse v. Herzstock
fr. 8-27-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
2:00 PM
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
Tentative Ruling for August 27, 2019:
Explain to defendant importance of complying with court's local rules concerning the conduct of adversary proceeding.
Tentative Ruling for December 3, 2019:
Where is status report that should have been filed by November 19, 2019?
Debtor(s):
Edward J. Herzstock Represented By
J.D. Cuzzolina
Defendant(s):
Edward J. Herzstock Pro Se
Plaintiff(s):
Kyle Chasse Represented By
Sarah R Wolk Zachary Levine
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01425 J&C International, LLC et al v. DONG
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
2:00 PM
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
Where is status report that should have been filed by November 19, 2019?
Debtor(s):
XU DONG Represented By
Alice Lin
Defendant(s):
XU DONG Pro Se
Plaintiff(s):
Ideal City Realty, LLC. Represented By Lawrence Hoodack
J&C International, LLC Represented By Lawrence Hoodack Lawrence Hoodack
Mimi Wu Represented By
Lawrence Hoodack
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01246 Bankers Small Business Community Development Corp v. Kirakosyan et al
fr. 10-1-19
Docket 1
11/27/19 - Jilian Benbow, (714)285-2683, has been approved for telephonic appearance on 12/3/19 @ 2pm
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
2:00 PM
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
Continue status conference to December 3, 2019 at 2:00 p.m. Parties should file an updated status report not later than November 19, 2019.
APPEARANCES WAIVED ON OCTOBER 1, 2019.
Tentative Ruling for December 3, 2019:
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Albert Kirakosyan Represented By Aidan Butler
Defendant(s):
Albert Kirakosyan Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Bankers Small Business Community Represented By
Jillian A Benbow
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01247 Strategic Funding Source, Inc. v. Kirakosyan
fr. 10-1-19
Docket 1
11/20/19 - Request for entry of default against Albert Kirakosyan
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
2:00 PM
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
9/20/19 -- Court approved stipulation continuing defendant's response date to September 27, 2019 and continuing status conference to December 3, 2019
at 2:00 p.m. OFF CALENDAR FOR OCTOBER 1, 2019.
Tentative Ruling for December 3, 2019:
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Albert Kirakosyan Represented By Aidan Butler
Defendant(s):
Albert Kirakosyan Pro Se
Plaintiff(s):
Strategic Funding Source, Inc. Represented By Brian T Harvey
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01172 XMI FINANCIAL SERVICES, LLC, a Limited Liability C v. Avakian
fr. 8-27-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
2:00 PM
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
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):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
XMI FINANCIAL SERVICES, Represented By Stephen E Jenkins
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01174 Amgine Aerospace Corporation v. Avakian
fr. 9-5-19
Docket 10
NONE LISTED -
GRANTED:
GRANTED IN PART/
DENIED IN PART:
GRANTED IN PART/CONTINUED IN PART:
GRANTED W/
CONDITIONS:
DENIED:
TENTATIVE IS THE RULING:
ORDER TO FOLLOW:
COURT TO PREPARE ORDER:
CONT'D. TO: AT:
WITHDRAWN:
2:00 PM
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
9/5/19 -- Court continued hearing on motion to dismiss to date and time of status conference -- December 3, 2019 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 10, 2019.
Tentative Ruling for December 3, 2019:
Motion will be rendered moot if court dismisses action pursuant to stipulation. Continue hearing on motion to give parties an opportunity to serve notice of proposed dismissal and give other creditors an opportunity to assume prosecution of this action.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D. Resnik
Movant(s):
Sergik Avakian Represented By Matthew D. Resnik
Plaintiff(s):
Amgine Aerospace Corporation Represented By
R. Jeffrey Neer
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01174 Amgine Aerospace Corporation v. Avakian
fr. 8-27-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
2:00 PM
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
Tentative Ruling for December 3, 2019:
Parties have stipulated to dismiss, but there is a 727 claim. Other creditors need to be served with notice of proposed dismissal and given an opportunity to step into plaintiff's shoes for the purpose of prosecuting 727 claims.
Debtor(s):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
Amgine Aerospace Corporation Represented By
R. Jeffrey Neer
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01175 TCF EQUIPMENT FINANCE, a Division of TCF NATIONAL v. Avakian
fr. 8-27-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
2:00 PM
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
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):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
TCF EQUIPMENT FINANCE, a Represented By
Raffi Khatchadourian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01176 Siemens Financial Services, Inc., a Delaware corpo v. Avakian
fr. 8-27-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
2:00 PM
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
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):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
Siemens Financial Services, Inc., a Represented By
Valerie Bantner Peo
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01177 Acra Machinery, Inc., a California corporation et v. Avakian
fr. 8-27-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
2:00 PM
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
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):
Sergik Avakian Represented By Matthew D Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D Resnik
Plaintiff(s):
Acra Machinery, Inc., a California Represented By
Marshall L Brubacher
ACRA SEIKI, Inc., a California Represented By Marshall L Brubacher
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01418 Kirakosian v. Avakian et al
, fraud as fiduciary, embezzlement, larceny)) Complaint by Albert Kirakosian against Sergik Avakian, American Best Engineering, Inc., a California Corporation , Avakian Engineering, Inc., a California Corporation , Sevak Avakian . false pretenses, false representation, actual fraud))
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
2:00 PM
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
Was the complaint in this action ever served? If so, why isn't the return of summons on the docket? Hearing required.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
Defendant(s):
Sergik Avakian Pro Se
American Best Engineering, Inc., a Pro Se Avakian Engineering, Inc., a Pro Se
Sevak Avakian Pro Se
Plaintiff(s):
Albert Kirakosian Represented By Paul M Hittelman
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01364 NG DIP Liquidating Trust v. Madison Administrative Services, Inc.
fr. 1-8-19, 4-2-19, 4-30-19, 6-11-19, 8-13-19, 10-1-19
Docket 1
NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
2:00 PM
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
(Court was not served with copy of complaint.) Continue status conference approximately 90 days.
3/20/19 -- Court approved stipulation continuing status conference to April 30, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 2, 2019.
4/17/19-- Court approved stipulation continuing status conference to June 11, 2019 at 2:00 p.m. OFF CALENDAR FOR APRIL 30, 2019.
5/28/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 10:00 a.m. OFF CALENDAR FOR JUNE 11, 2019.
8/1/19 -- Court approved stipulation continuing hearing to October 1, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 13, 2019.
9/17/19 -- Court approved stipulation continuing hearing to December 3, 2019 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 1, 2019.
10/17/19 -- Court approved stipulation re dismissal. 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
2:00 PM
David B Shemano
Defendant(s):
Madison Administrative Services, Represented By
Ovsanna Takvoryan
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:19-01419 J. Robert Scott, Inc. v. American Express Merchant Services
Complaint by J. Robert Scott, Inc. against American Express Merchant Services
Docket 1
- NONE LISTED -
Discovery cutoff:
Last day to file pretrial
motions:
Status Conference cont'd. to:
Joint Status Report due:
Motion for Default Judgment
or Summary Judgment to be filed by:
Complete 1 day of mediation by:
Order appointing Mediator to
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
2:00 PM
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
11/26/19 -- Court approved compromise (lump sum payment).
Continue status conference to January 28, 2020 at 2:00 p.m. to give defendant an opportunity to make payment and parties to dismiss this action. APPEARANCES WAIVED ON DECEMBER 3, 2019.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Defendant(s):
American Express Merchant Pro Se
Plaintiff(s):
J. Robert Scott, Inc. Represented By
Crystle Jane Lindsey
10:00 AM
Docket 25
- NONE LISTED -
Overrule objection as untimely. Debtor filed amended schedules asserting exemption on Sepetmber 19, 2019. TEC filed its objection on October 21, 2019. Bankruptcy Rule 4003 requires objection to be filed within 30 days after the later of the conclusion of the 341(a) meeting or the filing of an amendment to the schedules.
Debtor(s):
Claudio Francisco Caringella Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 22
- NONE LISTED -
Deny this motion as moot. Prior motion seeking this relief was already granted.
Debtor(s):
Claudio Francisco Caringella Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 146
- NONE LISTED -
11/26/19 -- Court approved stipulation continuing hearing to December 18, 2019 at 11:00 a.m. OFF CALENDAR FOR DECEMBER 4, 2019.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
[Presumption of Undue Hardship]
Docket 12
- NONE LISTED -
Deny motion as creating undue hardship. Monthly income is only $2,449.58 and monthly living expenses are $11,026.
Debtor(s):
Charles Adib Hage Represented By Brian J Soo-Hoo
Movant(s):
VW CREDIT, INC. Represented By John Rafferty
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 12
- 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):
Kelly Jean Norton Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 11
- NONE LISTED -
Vacate OSC as moot. Case has already been dismissed. No appearance required. Court will prepare order.
Debtor(s):
Jaime Godofredo Tejada Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor owns 80 percent of the Real Property as a tenant in common with whom? Do the managing member's parents own the other 20 percent as joint tenants? And the debtor itself is 80 percent owned by George Gabriel and 20 percent owned by his father? When was the deed of trust held by Tymeout recorded in the first place? What were the proceeds of the loan used for?
Set bar date and deadline for serving notice of bar date.
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
10:30 AM
Docket 173
- NONE LISTED -
It is disappointing that the debtor's motion to use cash collateral beyond December 3, 2019 had to be brought on an expedited basis. Debtor had ample opportunity to bring its motion on a fully-noticed basis. (And court's prior order specifically directed debtor to do this.) Future motions for use of cash collateral will need to be be brought on a fully-noticed basis. No further interim grants will be authorized.
Court cannot authorize use of cash collateral on an emergency basis for more than an interim period. Authorize use for a period of 2 to 3 weeks on same terms as in prior orders and set a new final hearing on request to use cash collateral.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
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, 11-28-18, 5-29-19
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.
Tentative Ruling for May 29, 2019:
Continue post-confirmation status conference to December 4, 2019 at 11:00
11:00 AM
a.m. Reorganized Debtor should file updated status report not later than November 20, 2019. APPEARANCES WAIVED ON MAY 29, 2019.
Tentative Ruling for December 4, 2019:
Continue post-confirmation status conference to June 3, 2020 at 11:00 a.m. Reorganized Debtor should file updated status report not later than May 22, 2020. APPEARANCES WAIVED ON DECEMBER 3, 2019.
Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
Amelia Puertas-Samara
11:00 AM
fr. 4-11-18, 8-15-18, 10-3-18, 10-24-18, 1-16-19, 5-29-19
Docket 1
- NONE LISTED -
Continue post-confirmation status conference to December 4, 2019 at 11:00
a.m. Reorganized Debtor should file updated status report not later than November 20, 2019. APPEARANCES WAIVED ON MAY 29, 2019.
OFF CALENDAR. COURT ENTERED FINAL DECREE. CASE CLOSED.
Debtor(s):
WDH Contractor Services, LLC Represented By Alla Tenina
2:00 PM
Docket 24
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Antonio Mendoza Represented By Floyd Aragon
Trustee(s):
David M Goodrich (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):
Ana Marina Esquivel De Barrios Represented By
Barry E Borowitz
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
[Fee: $24,576.50, Expenses: $10.14]
Docket 135
- NONE LISTED -
Grant application. Allow on interim basis fees of $24,576.50 and costs of $10.14. 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):
Ultra Chem USA, Inc. Represented By Dennis D Burns
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
[Fee: $53,795.00, Expenses: $414.55]
Docket 137
- NONE LISTED -
Grant application. Allow on interim basis fees of $53,795 and costs of $414.55. 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):
Ultra Chem USA, Inc. Represented By Dennis D Burns
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 24
- NONE LISTED -
If debtor wants to remain in bankruptcy and reap the benefits that a bankruptcy filing may afford, debtor must cooperate in discovery requests from the trustee and the United States Trustee. Debtor has failed to do so. Grant motion. Dismiss case.
Debtor(s):
Amelia Hovhannisyan Represented By Richard A Avetisyan
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
[Fees requested: $69197.66, Expenses: $1113.40]
10-17-19
Docket 122
- NONE LISTED -
Continue hearing to give applicant to file an amended application that addresses the concerns raised by the United States Trustee. Further, inasmuch as there appear to be significant factual disputes between debtor and counsel as to such matters as whether billing statements were sent, whether misrepresentations were made and whether counsel performed services in a competent manner, it appears that an evidentiary hearing may be required. Discuss schedule for these matters with the parties.
9/11/19 -- Court approved order appointing mediators.
10/15/19 -- Court approved stipulation continuing hearing to December 5, 2019 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 15, 2019.
Tentative Ruling for December 5, 2019:
Parties have resolved matter through mediation, but court has questions concerning the proposed compromise and how it will work. Parties are requested to appear on December 5 at 10 to respond to the court's questions.
Debtor(s):
Golden Vista Construction Inc Represented By
10:00 AM
Movant(s):
Jason Wallach
Stephen L. Burton Represented By Stephen L Burton
Randolph L Neel Represented By Stephen L Burton
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
10:00 AM
MOVANT: BANK OF AMERICA, N.A
Docket 17
- NONE LISTED -
Deny motion. The only basis for relief is section 362(d)(4), but there is insufficient evidence of a scheme to hinder, delay or defraud in the record. There is a single transfer of the property from Vizanova Vaughn (the borrower's daughter?) to herself and Gomez as joint tenants and a single bankruptcy filing. Without more information about the relationship between the parties and the relevant facts and circumstances, the court is not prepared to presume that there is anything improper about this transfer or bankruptcy filing.
Why was this motion even brought? There is ample equity to provide adequate protection and the bankruptcy case will be over shortly. Movant has not even commenced foreclosure process.
Debtor(s):
Ruben Gomez Pro Se
Movant(s):
Bank of America, N.A. Represented By Sean C Ferry
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 15
12/4/19 - Austin Nagel, (925)855-8080, has been approved for telephonic appearance on 12/10/19@ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Blanca Rosa Carbajal Represented By Francis Guilardi
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA INC. DBA CHRYSLER CAPITAL AS SERVICER FOR CCAP AUTO LEASE
Docket 9
12/02/19 - Jennifer H. Wang, (714) 431-1058 has been approved for telephonic appearance on 12/10/19 @ 10 AM
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Marcelina De La Rosa Represented By
Michael H Colmenares
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 8
12/4/19 - Austin Nagel, (925)855-8080, has been approved for telephonic appearance on 12/10/19@ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Rolando J Lopez Fernandez Represented By Francis Guilardi
Joint Debtor(s):
Angelina Del Carmen Baez Represented By Francis Guilardi
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: HMC ASSETS, LLC SOLELY AS ADMINISTRATOR OF THE CIVIC SECURITIZATION TRUST II
Docket 27
- NONE LISTED -
Was chapter 7 trustee served with motion? Continue hearing to give chapter 7 trustee a reasonable opportunity to respond to the motion.
Debtor(s):
Tensun 42 LLC Pro Se
Movant(s):
HMC Assets, LLC solely as Represented By
Amelia B. Valenzuela David M Poitras
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: HMC ASSETS, LLC fr. 10-1-19, 11-12-19
Docket 16
- NONE LISTED -
Tentative Ruling for October 1, 2019:
Grant motion pursuant to Bankruptcy Code section 362(d)(1) for cause, including a lack of adequate protection, without waiver of Rule 4001(a)(3), based on debtor's having been cited for leaving the property vacant and open to the public.
Final Ruling for October 1, 2019:
Continue hearing to November 12, 2019 at 10:00 a.m. Movant should file and serve supplemental papers not later than October 15, 2019. Any supplemental response from trustee must be filed and served not later than November 5, 2019.
Tentative Ruling for November 12, 2019:
Trustee was just appointed on October 21, 2019 and has not had an opportunity to respond to this motion. Continue hearing for approximately 30 days to give trustee an opportunity to obtain his own broker's price opinion and assess whether he believes there is equity in the property.
10:00 AM
Final Ruling for November 12, 2019:
Continue hearing to December 10, 2019 at 10:00 a.m. Movant should file and serve notice of continuance on trustee. Trustee shall have to and including December 3, 2019 at respond to motion.
Tentative Ruling for December 10, 2019:
Court has not received response from trustee. Grant motion pursuant to section 362(d)(1) based on lack of adequate protection.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Movant(s):
HMC Assets, LLC, solely in its Represented By
Amelia B. Valenzuela
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: CIVIC VENTURES, LLC fr. 10-1-19, 11-12-19
Docket 14
- NONE LISTED -
Tentative Ruling for October 1, 2019:
There is no admissible evidence of value. There is no evidence that the property is declining in value. The only code violations (lack of permits) that relate to this particular property show that the issue was "closed" 10 years ago. Deny motion without prejudice.
Final Ruling for October 1, 2019:
Continue hearing to November 12, 2019 at 10:00 a.m. Movant should file and serve supplemental papers not later than October 15, 2019. Any supplemental response from trustee must be filed and served not later than November 5, 2019.
Tentative Ruling for November 12, 2019:
Trustee was just appointed on October 21, 2019 and has not had an opportunity to respond to this motion. Continue hearing for approximately 30 days to give trustee an opportunity to obtain his own broker's price opinion and assess whether he believes there is equity in the property.
10:00 AM
Final Ruling for November 12, 2019:
Continue hearing to December 10, 2019 at 10:00 a.m. Movant should file and serve notice of continuance on trustee. Trustee shall have to and including December 3, 2019 at respond to motion.
Tentative Ruling for December 10, 2019:
Court has not received response from trustee. Grant motion pursuant to section 362(d)(1) based on lack of adequate protection.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Movant(s):
Civic Ventures, LLC, attorney-in- Represented By
Amelia B. Valenzuela
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
What is the status of this case? What issues does the chapter 7 trustee anticipate he will encounter? Hearing required.
Debtor(s):
Lexington 12 LLC Represented By Thomas B Ure
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01439 Wolkowitz v. Emerson
Docket 1
11/22/19 - Another summons issued
Alias summons was issued on November 22, 2019. Response to complaint is not due until December 23, 2019. Continue status conference to February 11, 2020 at 2:00 p.m. Parties should file joint status report not later than January 28, 2020. APPEARANCES WAIVED ON DECEMBER 10, 2019.
Debtor(s):
Golden Vista Construction Inc Represented By Jason Wallach
Defendant(s):
Michael E. Emerson Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Carmela Pagay
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:18-01361 NG DIP Liquidating Trust v. Lavish Alice
fr. 1-8-19, 4-2-19, 5-21-19, 7-2-19, 8-13-19
Docket 1
- NONE LISTED -
(Court was not served with copy of complaint.)
3/29/19 -- Court approved stipulation pursuant to which motion for default judgment was withdrawn, defendant was given until May 13, 2019 to respond to complaint and status conference was continued to May 21, 2019 at 2:00
p.m. OFF CALENDAR FOR APRIL 2, 2019. NO APPEARANCE REQUIRED.
5/7/19 -- Court approved stipulation continuing response date to June 7, 2019 and continuing status conference to July 2, 2019 at 2:00 p.m. OFF CALENDAR FOR MAY 21, 2019.
6/18/19 -- Court approved stipulation continuing status conference to August 13, 2019 at 2:00 p.m. OFF CALENDAR FOR JULY 2, 2019.
Tentative Ruling for August 13, 2019:
Set discovery cutoff for approximately 90 days. Set status conference for approximately same time frame. Order parties to complete a day of mediation prior to date of continued status conference.
8/19/19 -- Court approved scheduling order with following dates:
2:00 PM
L/D to complete discovery -- December 20, 2019
Cont'd status conference -- December 10, 2019 at 2:00 p.m. L/D to file joint status report -- November 26, 2019.
11/26/19 -- Court approved stipulation continuing hearing to February 25, 2020 at 2 p.m. OFF CALENDAR FOR DECEMBER 10, 2019.
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):
Lavish Alice Represented By
Alan M Kindred
Plaintiff(s):
NG DIP Liquidating Trust Represented By Gary E Klausner Todd M Arnold
2:00 PM
Adv#: 2:19-01185 Sallyport Commercial Finance, LLC v. Chen
fr. 8-27-19
Docket 1
- NONE LISTED -
Discuss with parties timing of mediation. When does plaintiff plan to file its motion for partial summary adjudication and how should the timing of that interact with the scheduling of mediation? Hearing required.
8/28/19 -- Court approved scheduling order with following dates: Cont'd status conference -- December 10, 2019 at 2:00 p.m.
L/D to file joint status report -- November 26, 2019 L/D to complete mediation -- January 17, 2020
L/D to lodge mediation order -- September 27, 2019 10/2/19 -- Court approved order appointing mediator.
Tentative Ruling for December 10, 2019:
Extend deadline to complete mediation to accommodate mediation currently scheduled by the parties. When does plaintiff anticipate that it will be in a position to file motion for partial summary adjudication of issues? Hearing required.
2:00 PM
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Plaintiff(s):
Sallyport Commercial Finance, LLC Represented By
Lori E Eropkin
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01420 United States Trustee (LA) v. Chen
Docket 1
- NONE LISTED -
10/22/19 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Pro Se
Plaintiff(s):
United States Trustee (LA) Represented By Kelly L Morrison
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:16-01256 Naimer et al v. Faber et al
Docket 51
12/9/19 - Vanessa Haberbush, (562)435-3456, has been approved for telephonic appearance on 12/10/19 @ 10am
Sustain evidentiary objections. Court agrees that factual representations made in letter were not made under oath and that emails have not been authenticated.
Court does not have any evidence that defendant/debtor advised plaintiff of his new address. The docket in both the main case and in the adversary proceeding still shows an address for the debtor in Santa Monica.
Nevertheless, if debtor/defendant is in a position to cure all arrearages due under the settlement agreement within 14 days (by sending a cashier's check or other money order payable to the plaintiffs to counsel of record for the plaintiffs), court will vacate the judgment and permit debtor to reinstate the settlement agreement and continuing performing thereunder.
Hearing required.
Debtor(s):
Eric Carl Faber Represented By Heather J Canning
Defendant(s):
Eric Carl Faber Pro Se
Debra Donnelly Faber Pro Se
2:00 PM
Joint Debtor(s):
Debra Donnelly Faber Represented By Heather J Canning
Movant(s):
Eric Carl Faber Pro Se
Plaintiff(s):
Lisa Naimer Represented By
Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Joachim Naimer Represented By Yi S Kim James R Felton
Richard A Brownstein Lane K Bogard Vanessa M Haberbush
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al
Fr. 11-5-19
Docket 23
- NONE LISTED -
10/18/19 -- Court approved stipulation continuing hearing to December 10, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5, 2019.
Tentative Ruling for December 10, 2019:
Grant in part and deny in part. Grant with leave to amend as to statute of limitations issue. Under the federal pleading standard, a plaintiff cannot merely claim that a tolling doctrine applies, rather the complaint will be dismissed if the complaint does not contain facts plausibly supporting all elements of the claimed doctrine. Although Trustee provides some information on this issue in paragraph 30, Trustee should provide more detail concerning his diligent pursuit of claims in this case and, in particular, should address why it took him 7 and a half months after his appointment to commence this action. Deny balance of relief sought. In light of the parties' disputes, the Court cannot summarily adjudicate that the trustee cannot prevail on the balance of the claims. (Court notes further that the trustee may proceed under section 502(d) even if a claim for an affirmative recovery would be time-barred.)
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
2:00 PM
Defendant(s):
Ranbir S Sahni Represented By Leslie A Cohen
Totalis Energy, LLC Represented By Leslie A Cohen
Movant(s):
Ranbir S Sahni Represented By Leslie A Cohen Leslie A Cohen
Totalis Energy, LLC Represented By Leslie A Cohen Leslie A Cohen
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Aaron E de Leest
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al
Fr. 8-27-19, 10-1-19, 11-5-19
Docket 1
- NONE LISTED -
7/29/19 -- Court approved stipulation continuing deadline to respond to complaint to August 19, 2019 and continuing status conference to October 1, 2019 at 2:00 p.m. OFF CALENDAR FOR AUGUST 27, 2019.
8/19/19 -- Court approved stipulation continuing deadline to respond to complaint to September 18, 2019 and continuing status conference to November 5, 2019 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 1, 2019.
9/17/19 -- Court approved stipulation continuing deadline for defendant to respond to complaint to October 10, 2019.
10/18/19 -- Court approved stipulation continuing hearing to December 10, 2019 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 5, 2019.
Tentative Ruling for December 10, 2019:
Revisit status of case after conclusion of hearing on motion to dismiss.
2:00 PM
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Ranbir S Sahni Represented By Leslie A Cohen
Totalis Energy, LLC Represented By Leslie A Cohen
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Aaron E de Leest
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:19-01356 Carlsen v. BANK OF AMERICA, N.A et al
Docket 13
12/4/19 - Adam Barasch, (415)677-5533, has been approved for telephonic appearance on 12/10/19 @ 2pm
Pursuant to FRCP 15, a party may amend its pleading once as a matter of course under certain circumstances, but, after that, a party may only amend its pleading with either leave of court or the opposing party's consent. Ms. Carlson did not obtain either before filing her second amended complaint.
Therefore, the filing of her second amended complaint is a legal nullity.
Grant motion to dismiss without leave to amend. Although this is a chapter 7 case and the trustee would ordinarily be the one to have standing to prosecute claims against the estate, the trustee has abandoned any interest in the underlying real property. As a result, the trustee would not be in a position to have standing to prosecute claims for wrongful foreclosure and the estate would not have any interest in, and would not benefit in any way or be affected in any conceivable way, by the outcome of this proceeding.
Accordingly, the bankruptcy court lacks subject matter jurisdiction over this action and, even if the bankruptcy court had such jurisdiction, it would abstain from exercising this jurisdiction.
Court agrees that it appears that debtor has transferred away and released any interest that she would otherwise have had in this property, but, in light of the bankruptcy court's lack of subject matter jurisdiction over this action, the Court is not in a position to adjudicate this issue.
Debtor(s):
Rachel Louise Carlsen Pro Se
2:00 PM
Defendant(s):
BANK OF AMERICA, N.A Represented By Adam N Barasch
BANK OF AMERICA Represented By Adam N Barasch
NATIONSTAR MORTGAGE, LLC Represented By
Adam N Barasch
DEUTSCHE BANK NATIONAL Represented By
Adam N Barasch And DOES 1 through 10, Inclusive Pro Se
All Persons Known and Unknown Pro Se
Movant(s):
BANK OF AMERICA, N.A Represented By Adam N Barasch Adam N Barasch
BANK OF AMERICA Represented By Adam N Barasch
NATIONSTAR MORTGAGE, LLC Represented By
Adam N Barasch
DEUTSCHE BANK NATIONAL Represented By
Adam N Barasch
Plaintiff(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01356 Carlsen v. BANK OF AMERICA, N.A et al
fr. 11-19-19
Docket 1
10/28/19 - First Amended Complaint filed 10/29/19 - Another Summons Issued
Has trustee abandoned any interest in debtor's claims in this action? If not, debtor lacks standing to prosecute this action as it is based on claims that arose prepetition. Court has been unable to locate anything on the docket that would reflect an abandonment by the trustee.
NOTE: Defendants have not filed answer to complaint and have withdrawn motion to dismiss. If court does not dismiss action sua sponte for lack of standing, at a minimum, court should continue status conference to a date after responses will be filed, if possible, to same date as hearing on motion to dismiss filed in related matter.
Tentative Ruling for December 10, 2019:
Take status conference off calendar due to grant of motion to dismiss without leave to amend.
2:00 PM
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
And DOES 1 through 10, Inclusive Pro Se All Persons Known and Unknown Pro Se
BANK OF AMERICA, N.A Represented By Adam N Barasch
BANK OF AMERICA Represented By Adam N Barasch
NATIONSTAR MORTGAGE, LLC Represented By
Adam N Barasch
DEUTSCHE BANK NATIONAL Represented By
Adam N Barasch
Plaintiff(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 165
- NONE LISTED -
Grant motion. Order Lloyd Dix to refund expert witness retainer paid by trustee.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Movant(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
10:00 AM
fr. 11-6-19
Docket 82
- NONE LISTED -
10/24/19 -- Court approved stipulation continuing hearing to December 11, 2019 at 10:00 a.m. OFF CALENDAR FOR NOVEMBER 6, 2019.
11/20/19 -- Court granted ex parte application to advance hearing to December 3, 2019 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 11,
2019.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
Movant(s):
Good American, LLC Represented By Jeffrey A Krieger
Frame LA Brands, LLC Represented By Jeffrey A Krieger
10:00 AM
Docket 167
12/03/19 - Ariella Simonds, (310) 407-4039 has been approved for telephonic appearance on 12/11/19 @ 10 AM
12/9/19 - Jessica Bogdanov, (818)827-9000, has been approved for telephonic appearance on 12/11/19 @ 10 AM
Grant motion. Extend time to assume or reject unexpired leases of nonresidential real property under which the debtor is lessor for a period of 60 days to February 25, 2020.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
Movant(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
10:00 AM
Approving Sale Of Substantially All Of The Debtor's Assets Free And Clear Of All Encumbrances;
Approving Of The Debtor's Assumption And Assignment Of Unexpired Leases And Executory Contracts And Determining Cure Amounts And Approving Of The Debtor's Rejection Of Those Unexpired Leases And Executory Contracts Which Are Not Assumed And Assigned;
Waiving The 14-Day Stay Periods Set Forth In Bankruptcy Rules 6004(h) And 6006(d)
Granting Related Relief fr. 11-20-19
Docket 115
12/03/19 - Ariella Simonds, (310) 407-4039 has been approved for telephonic appearance on 12/11/19 @ 10 AM
12/9/19 - Jessica Bogdanov, (818)827-9000, has been approved for telephonic appearance on 12/11/19 @ 10 AM
11/13/19 -- At hearing held this date, Court agreed to conduct this hearing as a status conference on the sale. No auction will occur on this date. Auction will be continued to December 11, 2019 at 10:00 a.m.
Tentative Ruling for November 20, 2019:
10:00 AM
Has the debtor made any progress in its efforts to negotiate a consensual resolution of issues in this case?
Tentative Ruling for December 11, 2019:
Are there any qualified overbidders? Which of the issues interposed by the objections remains unresolved? Hearing required.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
Movant(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
10:00 AM
Docket 1
- NONE LISTED -
Case has now been converted to chapter 7. Wesley Avery has been appointed chapter 7 trustee. If trustee appears, discuss with trustee issues that he is likely to encounter in this bankruptcy case. If trustee does not appear, take status conference off calendar in light of conversion of case.
Debtor(s):
Tensun 42 LLC Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
10/24/19 -- Court granted motion for order setting bar date: L/D to serve notice of bar date -- October 28, 2019
Bar date -- December 27, 2019
Tentative Ruling for December 11, 2019:
Is there any seasonality to the debtor's business? If so, what is it? What has to happen before the debtor will be in a position to file a plan and disclosure statement? Hearing required.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
Authorizing Sale of Real Property Located at 1583 W. Swain Road, Stockton, California 95207 (APN 097-750-080-000); Free and Clear of Liens, Claims and Interests;
Confirming Sale to Third Party or the Highest Bidder Appearing at the Hearing;
Determining That Buyer is a Good Faith Purchaser;
Authorizing the Trustee to Withhold and Remit Estimated State Income Taxes Resulting From the Sale, if any,
Waiving the Fourteen (14) Day Stay Prescribed by Rule 6004(h) of the Federal Rules of Bankruptcy Procedure;
Requiring Debtor to Vacate, Turn Over Possession of, and Remove Personal Property From the Property;
Authorizing the United States Marshal and/or San Joaquin County Sheriff to Enforce any Turnover Order;
Approving Agreement for Carve-out and Partial Release of Lien with United States
Docket 51
12/9/19 - Rio Lara (Buyer's Broker), (209)981-4112, has been approved for telephonic appearance on 12/11/19 @ 11am
12/9/19 - Pat Holkevig (Trustee's Broker), (209)471-0285, has been approved for telephonic appearance on 12/11/19 @ 11am
11:00 AM
12/9/19 - Randall Arnatt (The Buyer), (541)825-3412, has been approved for telephonic appearance on 12/11/19 @ 11am (if there is no overbidding taken place)
Grant motion. Approve sale to highest bidder.
Debtor(s):
Obediah Maria Aceves Represented By Joy M Johnson
Movant(s):
Sam S Leslie (TR) Represented By Elissa Miller
Trustee(s):
Sam S Leslie (TR) Represented By Elissa Miller
11:00 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.
12/10/18 -- Court approved scheduling order with following dates: L/D to serve notice of bar date -- December 7, 2018
Bar date -- January 31, 2019
Cont'd status conference -- February 27, 2019 at 11 L/D to file updated status report -- February 8, 2019
Hearing on motion to employ real estate broker -- December 19, 2018 at 10
Tentative Ruling for February 27, 2019:
According to the debtor's status report, after entry of an order granting relief from stay to Beverly Loan Company, "the more valuable pieces [of jewelry] have been redeemed." How was this accomplished? What was the source of the funds used to redeem the jewelry and how much did this cost? How was this transaction structured?
Has debtor signed declaration in support of case status report? Now that court has signed order employing real estate broker, when does the debtor believe that she will be in a position to file a motion for approval of the sale?
Hearing required.
11:00 AM
4/10/19 -- Court entered order denying motion for relief from stay and directing US Trustee to appoint a chapter 11 trustee if debtor did not file either a motion to sell her real property or a motion for approval of refinancing by April 30, 2019. (If she does file such a motion, any party in interest that believes the motion is frivolous or otherwise lacking in merit may file and serve papers not later than May 6, 2019 explaining why it believes that the debtor should not be treated as having met the April 30, 2019 deadline and an ex parte application for appointment of a chapter 11 trustee, which the Court may resolve on the papers without further notice or opportunity for hearing.
Tentative Ruling for May 1, 2019:
Did debtor file either of the required motions by April 30, 2019? Hearing required.
Tentative Ruling for June 5, 2019:
Revisit status of case after conclusion of hearing on financing motion.
Tentative Ruling for September 11, 2019:
Debtor failed to close financing in a timely manner. Court denied request for an extension and appointed chapter 11 trustee.
What, if anything, has transpired since the trustee filed his status report on September 7, 2019?
OFF CALENDAR. CASE CONVERTED TO CHAPTER 7.
Debtor(s):
Lisa Frances Platt Represented By Douglas M Neistat James R Felton
11:00 AM
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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, 10-17-18, 2-6-19, 8-7-19, 9-11-19
Docket 1
12/03/19 - J. Alexandra Rhim , (818) 907-3135 has been approved for telephonic appearance on 12/11/19 @ 11 AM
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:
11:00 AM
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 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:
11:00 AM
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 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
11:00 AM
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.
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.
Tentative Ruling for February 6, 2019:
Court has reviewed the trustee's status report and updated status report. Discuss with the parties' Mr. Hudson's decision to move the Pico location less than a mile away to a different location on La Brea.
Tentative Ruling for August 7, 2019:
Has Hudson made the second Shortfall Payment yet ($975,000)? If not, continue status conference until shortly after deadline for cure of this default (August 10, 2019) to see whether default is cured.
What is the status of the dispute with regard to the La Brea Restaurant? The occurrence of another restricted transaction without the trustee's consent constitutes yet another event of default under the plan. (NOTE: There is no
11:00 AM
meaningful distinction between closing the Pico location and driving it out of business, forcing it to close as unprofitable, by opening a new location less than a mile away on La Brea. No businessperson who was actually attempting to operate the Pico location profitably or to fulfill his obligations under the plan in good faith would do this.)
Hearing required.
Tentative Ruling for September 11, 2019:
Court has reviewed the plan trustee's status report. Continue case status conference to December 11, 2019 at 11:00 a.m. Plan trustee should file and serve updated status report not later than December 2, 2019.
Tentative Ruling for December 11, 2019:
Continue case status conference to January 8, 2020 at 11:00 a.m. so that it can be after the foreclosure sale scheduled for December 12, 2019. Plan trustee need not file an updated status report. Counsel for trustee can report orally at the January 8, 2020 conference. APPEARANCES WAIVED ON DECEMBER 11, 2019.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Trustee(s):
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford IV
Brian Weiss Represented By
Robert S Marticello
11:00 AM
Philip E Strok Michael Simon Timothy W Evanston
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.
Tentative Ruling for August 15, 2018:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for December 12, 2018:
11:00 AM
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.
Tentative Ruling for June 12, 2019:
On the chart attached as Exhibit 1 to the status report, for the claim of Sergio Manuel Guevara on p. 8, there is an asterisk and a parenthetical that says "(See Comments). Where is the comment to which this notation refers? The court was unable to locate it.
Final Ruling for June 12, 2019:
Continue status conference to December 11, 2019 at 11:00 a.m. Reorganized debtor should file updated status reort not later than December 6, 2019. Hearing required.
Tentative Ruling for December 11, 2019:
OFF CALENDAR. CASE HAS BEEN CLOSED ON AN INTERIM BASIS. NO APPEARANCE REQUIRED.
Debtor(s):
Union County Transport Inc. Represented By Michael Jay Berger
11:00 AM
fr. 1-24-18, 4-25-18, 6-27-18, 8-15-18, 8-29-18, 11-28-18, 2-6-19, 4-3-19,
9-11-19
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:
11:00 AM
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.
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.
1/25/19 -- Court continued status conference to date of continued confirmation hearing. OFF CALENDAR FOR FEBRUARY 6, 2019.
Tentative Ruling for April 3, 2019:
Revisit status of case after conclusion of hearing on plan confirmation.
Tentative Ruling for September 11, 2019:
Continue case status conference to December 11, 2019 at 11:00 a.m. to give court an opportunity to process debtor's motion for entry of a final decree. If case has not been closed by then, reorganized debtor should file updated status report by December 2, 2019. APPEARANCES WAIVED ON
11:00 AM
SEPTEMBER 11, 2019.
OFF CALENDAR. FINAL DECREE HAS BEEN ENTERED.
Debtor(s):
Viken Manjikian Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
11:00 AM
[OST]
Docket 20
NONE LISTED -
Grant motion, but copy of order granting motion should be served on all creditors and order should contain information about how to obtain courtesy electronic notices and how to add oneself to the request for special notice list.
Debtor(s):
Youth Policy Institute, Inc. Represented By Kevin Meek
Movant(s):
Jason M Rund (TR) Represented By
Keith Patrick Banner Jeffrey A Krieger
Trustee(s):
Jason M Rund (TR) Represented By
Keith Patrick Banner Jeffrey A Krieger
10:00 AM
MOVANT: PLATINUM LOAN SERVICING, INC. fr. 10-15-19
Docket 170
12/03/19 - Lewis R. Landau , (888) 822-4340 has been approved for telephonic appearance on 12/17/19 @ 11 AM
Tentative Ruling for October 15, 2019:
Deny without prejudice. There is equity above and beyond all liens against the property and there is no evidence that the property is declining in value. The accrual of interest does not count as a decline in value.
Calculating equity for the purpose of section 362(d)(2)(A) is different from calculating equity for the purpose of adequate protection. In the context of adequate protection, the court takes closing costs into consideration. For the purpose of determining whether there is equity under section 362(d)(2)(A), equity need not be established.
Final Ruling for October 15, 2019:
Continue hearing to December 17, 2019 at 10:00 a.m. Grant relief from stay to the extent necessary to permit movant to renotice a sale. Trustee needs to appear at the continued hearing. Any opposition from the trustee must be filed and served by December 6, 2019.
10:00 AM
Tentative Ruling for December 17, 2019:
Unfortunately, although the Court prepared the order for the prior hearing, it did not include provisions in that order notifying the trustee that oppositions will be due December 6. (Debtor filed a belated opposition on December 10, 2019.)
Trustee filed a status report on November 27, 2019 in which he reports that he will be preparing a notice of proposed abandonment. Debtor's opposition includes a new appraisal, but the mere fact that there may be an appraisal at a value that reflects the existence of equity in the property does not mean that there is a buyer out there who will actually pay this amount. The proof is in the pudding, so to speak, and the trustee has tried and failed to find a buyer for this property at an amount that would produce equity for the estate. As the trustee has not succeeded in this endeavor, grant motion for relief under section 362(d)(2).
NOTE: Now that case is in chapter 7, debtor does not have authority to refinance without the trustee's participation. Once relief from stay has been granted, if movant believes that proposed financing is real, lender can consent to a delay of foreclosure to permit financing to go through, if trustee is willing to participate or to abandon estate's interest in the property.
Debtor(s):
Lisa Frances Platt Represented By Craig G Margulies
Movant(s):
Platinum Loan Servicing, Inc. Represented By Lewis R Landau
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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MOVANT: TOYOTA LEASE TRUST
Docket 15
12/10/19 - Kirsten Martinez, (213)863-6071, has been approved for telephonic appearance on 12/17/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Carlos L Ramos Represented By Jesus L Zuniga
Joint Debtor(s):
Roxana E Marroquin De Ramos Represented By Jesus L Zuniga
Movant(s):
TOYOTA LEASE TRUST Represented By Kirsten Martinez
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
VIN # 5TDKK3DC3DS323115
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 17
12/10/19 - Kirsten Martinez, (213)863-6071, has been approved for telephonic appearance on 12/17/19 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Carlos L Ramos Represented By Jesus L Zuniga
Joint Debtor(s):
Roxana E Marroquin De Ramos Represented By Jesus L Zuniga
Movant(s):
Toyota Motor Credit Corporation Represented By
Kirsten Martinez
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 12
12/10/19 - Austin Nagel, (925)855-8080 has been approved for telephonic appearance on 12/17/19 @ 10am
12/10/19 - Kirsten Martinez, (213)863-6071, has been approved for telephonic appearance on 12/17/19 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Jose Domingo Rodriguez Represented By Gregory M Shanfeld
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
[OST]
MOVANT: JOHN C. BEDROSIAN
Docket 14
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3) and annulment for cause pursuant to Bankruptcy Code section 362(d)(1). Copy language from real property form order making relief from stay effective in any bankruptcy case filed by anyone owning an interest in the real property for a period of two years from entry of the order if order is recorded with county recorder's office.
If debtor believes that the state court was misguided and wants a stay of the relief ordered by the state court, it should appeal the state court's order and seek a stay pending appeal, where debtor would have to make the usual showing necessary to obtain injunctive relief -- likelihood of success on the merits, balancing of the hardships, public interest, etc. The bankruptcy court will not step into this hotly litigated matter involving public safety.
Rulings on Evidentiary Objections:
Overrule. The fact that a witness may have testified in a contrary manner in a deposition or may have bias doesn't make his testimony inadmissible. These are matters that can be raised by way of impeachment.
Overrule. Court is satisfied that declaration outlines witnesses qualifications sufficiently.
Overrule. (NOTE: In the context of a motion for relief, the court will not be making factual findings as to any disputed issues of material fact in this case; the undisputed facts of this case are sufficient for this court to conclude that the parties' respective disputes should be litigated in state court, not in bankruptcy court and that debtor should only be entitled to injunctive relief if it can satisfy the usual three-pronged standard to obtain an injunction.) The court rules on motions for relief from stay based on evidence contained in declarations. The fact that movants supplied a declaration identifying this declaration does not make it
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inadmissible: the court would have accepted the declaration on its own without any authenticating declaration.
Court is not able to locate the exhibit to which this objection refers.
See ruling on objection no. 4.
Overrule. The declaration itself contains sufficient information to provide a foundation and describes the investigation that he conducted as a part of his job duties. It is appropriate for a report of an investigation to contain hearsay. Again, the court is not making a factual finding in this context as to whether the investigator's conclusions are factually correct.
7-10. Overrule.
Deny motion to strike.
Debtor(s):
901 Strada, LLC Represented By Bruce D Rudman
Movant(s):
Joseph Horacek Represented By Steven J. Katzman Ali Matin
Beatriz Horacek Represented By Steven J. Katzman Ali Matin
Judith Bedrosian Represented By Steven J. Katzman Ali Matin
John C. Bedrosian Represented By Steven J. Katzman Ali Matin
10:00 AM
[OST]
Docket 17
- NONE LISTED -
Bankruptcy case was filed for the sole purpose of preventing the enforcement of the state court order that the structure be demolished. Debtor has no ability to reorganize or even to sell the property in its present condition and debtor's principal will not be permitted to manage the debtor as a debtor in possession. After extended litigation on the issue, the state court has determined that the structure is a nuisance and presents an immediate and unreasonable threat to public safety and must be demolished. Debtor cannot be permitted to use the bankruptcy code to prevent this result.
Grant motion. Dismiss case with 180-day bar to refiling.
Debtor(s):
901 Strada, LLC Represented By Bruce D Rudman
Movant(s):
Joseph Horacek Represented By Steven J. Katzman Ali Matin
Beatriz Horacek Represented By Steven J. Katzman Ali Matin
Judith Bedrosian Represented By
10:00 AM
Steven J. Katzman Ali Matin
John C. Bedrosian Represented By Steven J. Katzman Ali Matin
2:00 PM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
fr. 8-27-19, 11-19-19
Docket 1
12/9/19 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 12/17/19 @ 2pm
Tentative Ruling for August 27, 2019:
If defendants have filed motion to dismiss, continue status conference to date of hearing on motion as a holding date. If defendants have filed answer to complaint, both parties have indicated a willingness to attend mediation.
Discuss with parties the timing of mediation.
Tentative Ruling for November 19, 2019:
Parties report that they have scheduled a mediation for December 2, 2019 with Meredith Jury. Continue status conference to December 17, 2019 at 2:00 p.m. (Parties need not file a new status report prior to that status conference.) APPEARANCES WAIVED ON NOVEMBER 19, 2019.
Tentative Ruling for December 17, 2019:
Did the parties participate in a mediation before Meredith Jury? If so, was a settlement reached? Hearing required.
2:00 PM
12/16/19 -- Court approved stipulation continuing hearing to February 11, 2020 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 17, 2019.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Defendant(s):
Burgee & Abramoff, P.C. Represented By Amy L Goldman Lovee D Sarenas
John Burgee Represented By
Amy L Goldman Lovee D Sarenas
Robert Abramoff Represented By Amy L Goldman Lovee D Sarenas
Lanius Law & Associates, P.C. Represented By Stella A Havkin
Joseph Lanius Represented By Stella A Havkin
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
2:00 PM
Adv#: 2:19-01184 DYE v. de Gallegos et al
Christian de Gallegos fr. 8-27-19, 11-19-19
Docket 1
12/9/19 - Steven Berman, (813)227-2332, has been approved for telephonic appearance on 12/17/19 @ 2pm
Tentative Ruling for August 27, 2019:
Both parties have indicated a willingness to attend mediation. Discuss with parties the timing of mediation.
Tentative Ruling for November 19, 2019:
Parties report that they have scheduled a mediation for December 9, 2019 with Meredith Jury. Continue status conference to December 17, 2019 at 2:00 p.m. (Parties need not file a new status report prior to that status conference.) APPEARANCES WAIVED ON NOVEMBER 19, 2019.
Tentative Ruling for December 17, 2019:
Did the parties participate in a mediation before Meredith Jury? If so, was a settlement reached? Hearing required.
12/13/19 -- Court approved stipulation continuing hearing to February 11, 2020 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 17, 2019.
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Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Defendant(s):
Christian de Gallegos Represented By Paul A Beck
Jeffrey Norman Elliott Represented By Jeffrey S Shinbrot
Max Charles Moore II Represented By Jonathan M. Saffer
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
2:00 PM
Adv#: 2:18-01291 Avery v. Jimenez et al
fr. 11-27-18, 1-8-19, 3-5-19, 4-16-19, 7-30-19, 9-17-19
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued 4/30/19 - Second Amended complaint filed.
12/17/19 - David Goodrich, (714)966-1000, has been approved for telephonic apparance on 12/17/19 @ 2pm
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
9/18/19 -- Court approved scheduling order with following dates: Cont'd status conference -- December 17, 2019 at 2:00
L/D to file joint status report -- December 3, 2019
L/D to complete a day of mediation -- December 17, 2019
L/D to lodge order appointing mediators -- September 30, 2019
10/1/19 -- Court approved order extending deadline to lodge order apppointing mediators to October 31, 2019.
11/4/19 -- Court approved order appointing mediators.
Tentative Ruling for December 17, 2019:
Set discovery cutoff for March or April 2020 and continued status conference for approximately 90 days.
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Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Defendant(s):
Maria Jimenez Pro Se
Armando Jimenez Represented By David Jacob
Sully Mariela Jimenez Pro Se
Gilberto JR. Arambula Pro Se
Joint Debtor(s):
Sully Mariela Jimenez Represented By
Michael H Colmenares
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#: 2:18-01436 KURTZ v. Sandoval et al
fr. 2-12-19, 5-7-19
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.
4/15/19 -- Court approved stipulation setting aside defaults entered against Felix Sandoval, Juan Sandoval, Brenda Servin, Manuel Servin. Responses are due 14 days after entry of order.
Tentative Ruling for May 7, 2019:
There was a deadline for filing answers. Rather than filing answers, defendants submitted settlement offers, but it appears that those offers have not yet been accepted. Court does not want to keep setting new deadlines for the filing of answers. Unless there is a settlement in principle, defendants should file answers.
6/3/19 -- Court approved settlement that provides for payments over a 12 month period. OFF CALENDAR. ACTION DISMISSED.
Debtor(s):
Manuel Rene Servin Pro Se
Defendant(s):
Felix R. Sandoval Represented By
2:00 PM
Eric A Mitnick
Juan Sandoval Pro Se
Manuel Rene Servin Pro Se
Brenda Marisela Servin Pro Se
Joint Debtor(s):
Brenda Marisela Servin Pro Se
Plaintiff(s):
HEIDE KURTZ Represented By Carmela Pagay
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:19-01190 Dye v. Bederian
fr. 8-27-19
Docket 1
- NONE LISTED -
Enter order directing defendant to file and serve response to complaint not later than October 2, 2019. If defendant appears, explain to defendant importance of complying with court's local rules concerning the conduct of adversary proceeding. If defendant fails to appear, include in foregoing order sanctions of $150 on defendant for failing to appear at status conference and failing to participate in preparation of joint status report.
8/28/19 -- Court approved scheduling order with following dates:
L/D for Bederian to file response to complaint -- October 2, 2019 Cont'd status conference -- December 17, 2019 at 2
L/D to file joint status report -- December 3, 2019
11/4/19 -- Court approved compromise that contemplated lump sum payment and dismissal within 5 days after payment.
OFF CALENDAR. ACTION DISMISSED.
Debtor(s):
Seda Bederian Represented By Aris Artounians
2:00 PM
Christian T Kim
Defendant(s):
Rafi Bederian Pro Se
Plaintiff(s):
Carolyn A. Dye Represented By Christian T Kim James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
Adv#: 2:19-01155 Avery v. Anten
Docket 13
- NONE LISTED -
Tentative Ruling for November 5, 2019:
What were the transfers for? Was there an existing loan obligation on the company's books and records? Was this a transfer to a creditor on account of an antecedent debt? Hearing required.
Final Ruling for November 5, 2019:
Continue hearing to December 17, 2019 at 2:00 p.m. Plaintiff should file and serve supplemental declaration by November 26, 2019. If defendant would like to have default set aside, defendant must file and serve motion to set aside default not later than November 26, 2019 and set the hearing on the motion for December 17, 2019. Oppositions to any motion to set aside should be filed and served by7 December 3, 2019. Any response to plaintiff's supplemental declaration should be filed and served by December 3, 2019.
Tentative Ruling for December 17, 2019:
Supplemental declaration provides the missing information. Grant motion. Enter judgment for trustee for $170,100 pursuant to section 547(b).
Debtor(s):
Premiere Medical Management Represented By
2:00 PM
David L Oberg
Defendant(s):
Mark Anten Pro Se
Movant(s):
Wesley H. Avery Represented By Daniel R Lahana
Plaintiff(s):
Wesley H. Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01155 Avery v. Anten
Docket 19
- NONE LISTED -
Deny motion. Defendant appeared at the status conferences in July and in November. He never states that he didn't receive the complaint that was sent by first class mail to the P.O. Box to which it was mailed or that this was not a valid address for him. He merely asserts that he has never lived in/at that
P.O. Box. Defendant knew about this complaint since before the July 30, 2019 status conference and never claimed there was a service issue until November 5, 2019. Defendant has had more than ample opportunity to respond to the complaint or to file an earlier motion to set aside the default and does not provide any details to support his contention that he has meritorious defenses.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Mark Anten Pro Se
Movant(s):
Mark Anten Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Daniel R Lahana
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01155 Avery v. Anten
fr. 7-30-19, 11-5-19
Docket 1
7/18/19 - Default entered against Mark Anten
If Court grants motion for default judgment, take status conference off calendar. If Court grants motion to vacate default, set new deadline for filing of response to complaint.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Mark Anten Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Daniel R Lahana
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana
2:00 PM
Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
Docket 24
- NONE LISTED -
Court agrees that it would not be efficient to have two separate adversary proceedings pending with regard to the same claims; however, any claims that the debtor may assert against plaintiffs, if valid, could serve as offsets against any liability that she may have in this nondischargeability action. The real issue, from the court's perspective is whether there is any reason for the removed action to be litigated at all. The mere fact that claims were first raised in that action is not dispositive. The court may exercise its discretion to dismiss the earlier claims and retain the later ones if that would further the interests of judicial economy.
Discuss with parties whether there are any claims remaining in the removed action that are appropriately before this court that are not already pleaded in this action. Any order dismissing the removed action should clarify that it is being dismissed because it is duplicative of this action and that any claims pleaded in this action should relate back to the filing of the removed action for statute of limitations purposes.
Hearing required.
Debtor(s):
Rachel Louise Carlsen Pro Se
2:00 PM
Defendant(s):
Rachel Louise Carlsen Pro Se
Movant(s):
Mark Guirguis Represented By
Candice Candice Bryner
Aimee Gibbs Represented By
Candice Candice Bryner Candice Candice Bryner Candice Candice Bryner
Mark Guirguis Represented By
Candice Candice Bryner
Guirguis & Gibbs Represented By
Candice Candice Bryner
Plaintiff(s):
Mark Guirguis Represented By
Candice Candice Bryner
Tyler Fred Represented By
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 8-27-19, 11-19-19
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed
Tentative Ruling for August 27, 2019:
Defendant's answer is not due until August 30, 2019. Parties have indicated a willingness to go to mediation. Discuss timing of mediation with parties.
11/5/19 -- Court approved stipulation abandoning any interest estate may have in cross complaint filed by debtor.
11/12/19 -- At hearing held this date, court dismissed all counterclaims against anyone other than plaintiffs without leave to amend.
Tentative Ruling for November 19, 2019:
Plaintiffs have filed motion to dismiss cross-complaint. Court would like to continue status conference to date of hearing on that motion, but did plaintiffs ever properly notice the hearing on that motion? Hearing required.
Tentative Ruling for December 17, 2019:
Revisit status of action after conclusion of related matters on calendar.
2:00 PM
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
Plaintiff(s):
Mark Guirguis Represented By
Candice Candice Bryner
Tyler Fred Represented By
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01240 Guirguis v. Carlsen et al
fr. 10-1-19, 11-19-19
Docket 1
- NONE LISTED -
Tentative Ruling for October 1, 2019:
This action, although removed, remains stayed. Is there any separate existence to the nondebtor defendants? If not, in light of the fact that a nondischargeability action has been filed, is there any reason to maintain a separate action here? The case is in chapter 7. Plaintiff can simply file a proof of claim (if there are any assets in the estate) for any claims that are dischargeable.
Hearing required.
Final Ruling for October 1, 2019:
Continue status conference to November 19, 2019 at 2:00 p.m. Requirement that status report be filed is waived.
11/5/19 -- Court approved stipulation in which trustee abandoned any interest in complaint and cross-complaint.
Tentative Ruling for November 19, 2019:
Why do we need this action at all? Any claims against debtor that are dischargeable should be pursued through the filing of a proof of claim. Any
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claims against debtor that may be nondischargeable should be prosecuted in the nondischargeability action. Any counterclaims or cross-claims asserted by the debtor should only be litigated in bankruptcy court to the extent that they constitute setoffs to the claims raised against her in the dischargeability action. Bankruptcy court lacks jurisdiction over any other claims asserted by the debtor, as trustee has abandoned any interest in them. Discuss with parties whether nondischargeable claims against debtor have already been pleaded in 523 action or whether that action needs to be amended by plaintiffs to assert any other nondischargeable claims.
NOTE: Parties have both asked that matter be sent to mediation. Continue status conference approximately 90 days and direct parties to complete a day of mediation prior to date of continued status conference.
Tentative Ruling for December 17, 2019:
See tentative ruling for matter no. 207.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel L Carlsen Pro Se
Carlsen Financial, Inc. Pro Se
Carlsen Financial, LLP Pro Se
Plaintiff(s):
Mark Guirguis Represented By Candice Bryner
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al
Docket 314
- NONE LISTED -
Grant motion. Continue dates as follows:
date to designate expert witnesses and exchange expert reports: March 30, 2020;
date to conduct expert witness discovery, including the deposition of expert witnesses: May 29, 2020;
status conference: April 14, 2020 at 2:00 p.m.;
last day to complete one day of mediation: April 13, 2019
date to complete non-expert fact discovery, including discovery related to the valuation issues: March 30, 2020.
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
2:00 PM
Movant(s):
Samuel Price
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
11:00 AM
Docket 261
12/16/19 - Virginia O. Hoyt , (925) 416-7405 has been approved for telephonic appearance on 12/18/19 @ 11 AM
Tentative Ruling for November 6, 2019:
Did the trustee avail himself of the workers' compensation insurance? Were any claims filed? Did the trustee operate the business from April 9, 2018 through the closing of the sale? Did the trustee refrain from purchasing workers' compensation insurance because there was already coverage in place?
Hearing required.
Final Ruling for November 6, 2019:
This was the workers compensation insurance that the trustee used. Trustee believes the premiums were paid. Continue hearing to December 18, 2019 at 11:00 a.m. to permit trustee determine what premiums should have been paid and what was actually paid. Trustee should serve and file supplemental declaration by November 27, 2019. Any supplemental opposition should be filed by December 11, 2019.
Tentative Ruling for December 18, 2019:
Deny motion to strike. Court understands that workers compensation insurers routinely do an audit to determine how the premiums paid based on estimated wages compare to the premiums due on the actual wages, but the
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magnitude of the difference between the resulting premiums and the estimated premiums leaves the court with questions as to the manner in which the claimant conducted its audit. It appears from the attachments that the audit included both the restaurant operated by Onebada and that operated by RH BBQ. Sustain objection to the extent that calculations include any premiums attributable to employees of a different debtor or wages attributable to periods after the sale of the restaurant closed.
Hearing required.
Debtor(s):
Onebada, 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 8
- NONE LISTED -
Papers filed do not contain anything that demonstrates to the court's satisfaction that the debtor actually knows or understands what is going on and that she has consented to a bankruptcy filing on her behalf. (Debtor's mother has not obtained an order appointing herself as conservator so debtor is still the decisionmaker.) There was no admissible evidence of the debtor's condition and, even after the supplemental papers were filed, there is at most an unsworn letter from a nurse practitioner, not a declaration under penalty of perjury from a doctor. The giving of a power of attorney may permit the debtor's mother to act on her behalf with regard to property, but it is insufficient to enable the debtor's mother to file a bankruptcy on the debtor's behalf (moreover, no copy of the power of attorney was provided).
Hearing required.
Debtor(s):
Yumi Choe Represented By
Andrew S Cho
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 146
12/17/19 - Carl Mueller, (424)322-0221, has been approved for telephonic appearance on 12/18/19 @ 11am
11/26/19 -- Court approved stipulation continuing hearing to December 18, 2019 at 11:00 a.m. OFF CALENDAR FOR DECEMBER 4, 2019.
Tentative Ruling for December 18, 2019:
The trustee cannot abandon property to anyone other than the debtor. Abandonment simply results in the estate's giving up any interest that it would otherwise have in the property and leaving any other parties claiming an interest therein to take whatever steps they would otherwise take under applicable nonbankruptcy law to protect their asserted interests in the property.
Court is prepared to defer to the trustee's business judgment that the property and claims in question are of inconsequential value to the estate and are burdensome. Although it might have made sense to require the trustee to retain whatever interest the estate had in these items of property if someone else was prepared to bear the expense of litigating the avoidance action and not pass this expense along to the estate, but no one has made an offer to do this or to purchase the property at a price that would produce equity for the estate. (Stated differently, in the trustee's view, even if the relevant transfers were avoided, once the senior lien and closing costs were taken into account, the asset is unlikely to produce value for the estate.)
Overrule objections. Grant motion. Authorize trustee to abandon assets.
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12/17/19 -- Court approved stipulation continuing hearing to January 8, 2020 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 18, 2019.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
11:00 AM
fr. 4-15-15, 5-11-16, 11-9-16, 5-24-17, 1-10-18, 7-18-18, 3-20-19
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.
Tentative Ruling for March 20, 2019:
Court has reviewed the reorganized debtor's case status report. Continue status conference to December 18, 2019 at 11:00 a.m. APPEARANCES WAIVED ON MARCH 20, 2019.
Tentative Ruling for December 18, 2019:
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Court has reviewed the reorganized debtor's case status report. Continue status conference to March 18, 2020 at 11:00 a.m. APPEARANCES WAIVED ON DECEMBER 18, 2019.
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, 1-10-18, 7-18-18, 3-20-19
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:
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 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.
Tentative Ruling for March 20, 2019:
Court has reviewed the reorganized debtor's case status report. Continue status conference to December 18, 2019 at 11:00 a.m. Reorganized debtor should file updated status report not later than December 6, 2019.
APPEARANCES WAIVED ON MARCH 20, 2019.
Tentative Ruling for December 18, 2019:
Court has reviewed the reorganized debtor's case status report. Continue status conference to March 18, 2020 at 11:00 a.m. Reorganized debtor should file updated case status report not later than March 4, 2020.
APPEARANCES WAIVED ON DECEMBER 18, 2019.
11:00 AM
Debtor(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
Movant(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
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, 11-28-18,
12-19-18, 6-19-19
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
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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.
11/21/18 -- Court approved stipulation continuing hearing to December 19, 2018 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 24, 2018.
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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.
Tentative Ruling for June 19, 2019:
The plan confirmation hearing was August 30, 2017, yet debtor's counsel still has not filed his final fee application. Why not? Is there any reason for this delay? Hearing required.
Tentative Ruling for December 18, 2019:
Court has reviewed the reorganized debtor's case status report. Continue status conference to March 18, 2020 at 11:00 a.m. Reorganized debtor should file updated case status report not later than March 4, 2020.
APPEARANCES WAIVED ON DECEMBER 18, 2019.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
Docket 1
12/10/19 - Kenneth Freed, (818)990-0888x 102, has been approved for telephonic appearance on 12/18/19 @ 11am
Set deadline for debtor to serve notice of bar date and bar date. Continue case status conference approximately 90 days.
6/20/19 -- Court signed scheduling order setting following dates: L/D to serve notice of bar date -- June 26, 2019
Bar date -- August 16, 2019
L/D to file updated status report -- September 6, 2019
Cont'd status conference -- September 18, 2019 at 11:00 a.m.
Tentative Ruling for September 18, 2019:
Does it make sense for the debtor to utilize the bankruptcy court's mediation program in an effort to resolve disputes with Creditor's Adjustment Bureau? Now that the debtor has succeeded in setting aside default judgment, is it even necessary for this case to remain in bankruptcy?
Hearing required.
9/19/19 -- Court approved scheduling order with the following dates:
Cont'd status conference -- December 18, 2019 at 11:00 a.m. L/D to file updated status report -- December 6, 2019
L/D to lodge order appointing mediators -- October 1, 2019
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L/D to complete mediation -- December 18, 2019 10/2/19 -- Court approved order appointing mediators.
Tentative Ruling for December 18, 2019:
Has debtor filed an objection to the proofs of claim filed by State Compensation Insurance Fund and 1 West Capital, LLC? If not, why not? What is the debtor's game plan with regard to the claim of Creditor's Adjustment Bureau? Is it time to permit the state court litigation to proceed to a final judgment?
Hearing required.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
11:00 AM
Authorizing Assumption And Assignment Of Equipment Lease by and Between Debtor And BB&T Commercial Equipment Capital Corp.Pursuant to 11
U.S.C. Section 365
Waiving the 14-Day Stay Period Set Forth In Bankruptcy Rule 6006(d)
Docket 62
- NONE LISTED -
Grant motion. Waive appearances. Applicant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
Docket 28
- NONE LISTED -
Court is confused by the relief being sought. What is the debtor saying about the insider compensation that it intends to provide? What does it mean to say that the debtor's members each allocate $1100 toward their share of "in kind" rent? (Does that mean that they don't pay any rent and treat the value of their occupation as $1,100 per month?) The property has 4 units. Two are being occupied by insiders. The other two units generate rentals of
$7,064.79. Are these units nicer or larger than the units occupied by the insiders? From this amount the debtor proposes to pay the operating expenses of the property and $2,000 to one of the debtor's insiders? This debtor only owns a fractional interest in the property. Is the other fractional owner contributing to the cost of maintaining this property? Are monthly payments being made to the lenders with regard to this property? Only one of the debtor's members is currently providing services to the debtor. Why is compensation in the form of free rent being "paid" to both members? Should the Court issue an OSC re the appointment of a chapter 11 trustee?
Hearing required.
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
11:00 AM
fr. 9-12-19, 9-26-19;12-3-19;12-4-19
Docket 135
12/17/19 - Veronica Velez, (956)369-3073, has been approved for telephonic appearance on 12/18/19 @ 11am
Tentative Ruling for September 12, 2019:
Debtor concedes in its opposition that "Debtor has not generated a net profit during the five-month post-petition term," but, on the bright side, debtor notes that it has reduced its losses each month and generated a profit in August of
$5,269. This amount is undoubtedly dwarfed by the attorneys' fees that were incurred during the same period.
Debtor argues that unsecured creditors will have no chance of recovery unless its operations are permitted to resume. This may be true, but, because the debtor is losing money, it is essentially liquidating the collateral of secured creditors in order to finance its operations. In other words, it is spending the secured creditors' collateral in the hope of producing a distribution for unsecured creditors. Debtor argues that matters would look very different but for the chargebacks from AMEX and Visa, but debtor has not established that these chargebacks are improper. Debtor has not provided any evidence from which the Court can determine that whether the chargebacks in question are impermissible setoffs that violate the automatic stay or permissible recoupments that do not.
Debtor's operations have been losing money. Relief from stay has been granted to permit ADP to terminate its services. Debtor's motion to extend time to assume or reject its lease has been denied. Debtor is deemed to
11:00 AM
have rejected its lease and must vacate its business premises immediately. Debtor's motion to use cash collateral has been denied. Convert case to chapter 7. Chapter 7 trustee can request that case be dismissed if he or she thinks that would be more appropriate.
Final Ruling for September 12, 2019:
Continue hearing to September 26, 2019 at 2:00 p.m.
Tentative Ruling for September 26, 2019:
Is debtor current on its post-petition taxes? Post-petition insurance payments? Post-petition rents for premises other than New York lease? What kids of post-petition expenses are included within the $105,000 of post petition accounts receivable that have not been paid, according to the August 2019 operating report? Pages 15 and 16 of the August operting report refer to $414,593 that includes ""funds owed to Cash Advance Lenders." To what does this refer?
Hearing required.
Tentative Ruling for December 3, 2019:
Debtor expects influx of cash of $127,000 from American Express and
$250,000 from insurance carrier. But for these extraordinary receipts, would the debtor anticipate operating profitably from this point forward? Hearing required.
CONTINUE THIS HEARING TO DECEMBER 4, 2019 AT 10:30 A.M. APPEARANCES WAIVED ON DECEMBER 3, 2019.
Final Ruling for December 4, 2019:
Continue hearing to December 18, 2019 at 11:00 a.m. as a holding date.
Tentative Ruling for December 18, 2019:
Revisit this matter after conclusion of related matters on calendar.
11:00 AM
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
11:00 AM
Authorizing Use of Cash Collateral on a Final Basis; and
Granting Replacement Liens fr. 12-4-19
Docket 173
12/17/19 - Veronica Velez, (956)369-3073, has been approved for telephonic appearance on 12/18/19 @ 11am
Tentative Ruling for December 4, 2019:
It is disappointing that the debtor's motion to use cash collateral beyond December 3, 2019 had to be brought on an expedited basis. Debtor had ample opportunity to bring its motion on a fully-noticed basis. (And court's prior order specifically directed debtor to do this.) Future motions for use of cash collateral will need to be be brought on a fully-noticed basis. No further interim grants will be authorized.
Court cannot authorize use of cash collateral on an emergency basis for more than an interim period. Authorize use for a period of 2 to 3 weeks on same terms as in prior orders and set a new final hearing on request to use cash collateral.
Final Ruling for December 4, 2019:
Grant motion on interim basis, authorizing debtor to use cash collateral in accordance with the budget, plus a 15 percent variance, through December 31, 2019. Set final hearing for December 18, 2019 at 11:00 a.m. Debtor
11:00 AM
should file budget for the first quarter of 2020 not later than December 9, 2019 and serve notice by that date of final hearing. Papers should advise parties in interest that oppositions will be due by December 16, 2019.
Tentative Ruling for December 18, 2019:
Grant motion on a final basis. Authorize debtor to use cash collateral in accordance with budget, plus a 15 percent variance, on the same terms previously authorized through the period reflected on the budget. Future motions to extend time to use cash collateral should be brought on a fully- noticed basis.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
11:00 AM
FR. 5-29-19, 8-28-19(advanced), 8-27-19, 9-12-19, 9-26-19
fr. 12-3-19, 12-4-19
Docket 1
12/17/19 - Veronica Velez, (956)369-3073, has been approved for telephonic appearance on 12/18/19 @ 11am
How has the debtor been doing with regard to meeting its projections? Are quotes converting to orders at the rate the debtor had anticipated? Has debtor succeeded in operating in accordance with its cash collateral budget or have there been significant variances? If so, in what areas?
Hearing required.
6/6/19 -- Court approved scheduling order setting following dates:
Cont'd status conference -- August 28, 2019 at 11:00 a.m. L/D to file updated status report -- August 16, 2019
L/D to serve notice of bar date -- June 7, 2019 Bar date -- August 9, 2019
Tentative Ruling for August 27, 2019:
Where is the status report that debtor was to have filed by August 16, 2019? Based on US Trustee's status report, issue OSC why case should not be dismissed or converted. Set expedited hearing on OSC.
Tentative Ruling for September 12, 2019:
Take case status conference off calendar due to conversion of case to
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chapter 7.
Tentative Ruling for December 3, 2019:
Revisit status of case after conclusion of related matters on calendar.
CONTINUE THIS HEARING TO DECEMBER 4, 2019 AT 10:30 A.M. APPEARANCES WAIVED ON DECEMBER 3, 2019.
Tentative Ruling for December 18, 2019:
Does the debtor have anything new to report since the hearings held December 4, 2019?
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
2:00 PM
Docket 144
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Lucie Idleman Represented By Suzette Douglas
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey
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):
Napoleon Humberto Arias-Lazo Represented By Heather J Canning
Joint Debtor(s):
Catalina Arias-Hernandez Represented By Heather J Canning
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 146
- NONE LISTED -
Court notes that applicant seeks reimbursement of $776.84 for tax return preparation for the debtor's son. Absent an explanation of why such a charge is appropriate, disallow reimbursement of this expense. Allow balance of amounts sought on a final basis and direct payment of outstanding amounts. Waive appearances and authorize applicant to lodge order consistent with tentative ruling.
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
[Fees requested: $246,890.00, Expenses: $9,393.32]
Docket 180
- NONE LISTED -
Grant application. Allow on interim basis fees of $246,890 and costs of $9,393.32. 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):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
[Fees requested: $20,293.75, Expenses: $185]
Docket 179
- NONE LISTED -
Grant application. Allow on interim basis fees of $20,293.75 and costs of $185. 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):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
[Fees requested: $4,807.50, Expenses: $0.00]
Docket 178
- NONE LISTED -
Grant application. Allow on interim basis fees of $4,807.50 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):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
Docket 177
- NONE LISTED -
Grant application. Allow on interim basis fees of $52,077.50 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):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
[Fees requested: $29,325.00, Expenses: $13.00]
Docket 188
- NONE LISTED -
Grant application. Allow on interim basis fees of $29,325 and costs of $13. 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):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
Docket 233
- NONE LISTED -
OFF CALENDAR.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Joanne P Sanchez
2:00 PM
Docket 241
- NONE LISTED -
11/8/19 -- Court continued this date to January 9, 2020 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 18, 2019.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Joanne P Sanchez
2:00 PM
fr. 3-14-18, 6-13-18, 8-1-18, 10-2-18, 12-12-18, 2-6-19, 2-27-19, 4-17-19,
5-29-19, 8-27-19, 10-2-19
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
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.
Tentative Ruling for February 6, 2019:
Discuss with parties whether it would be better for the court to appoint a chapter 11 trustee or to convert the case to chapter 7. Hearing required.
Tentative Ruling for April 17, 2019:
If court approves disclosure statement, set plan confirmation schedule.
Tentative Ruling for May 29, 2019:
At hearing held April 19, 2019, Court conditionally approved disclosure statement and directed debtor to file final version of plan and disclosure
2:00 PM
statement and lodge order approving disclosure statement by April 30, 2019. Docket does not reflect the filing of an amended plan or disclosure statement. Why not?
Hearing required.
6/3/2019 -- Court approved fourth amended disclosure statement and set status conference on confirmation process for August 27, 2019 at 2:00 p.m.
Tentative Ruling for October 2, 2019:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for December 18, 2019:
Continue case status conference to January 9, 2020 at 10:00 a.m. to be heard concurrently with confirmation. OFF CALENDAR FOR DECEMBER 18, 2019.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
2:00 PM
[Fee: $34,195, Expenses: $302.41]
Docket 306
12/10/19 - Joon Khang, (949)410-3834 has been approved for telephonic appearance on 12/18/19 @ 2pm
12/11/19 - Eric Bensamochan, (818)574-5740 has been approved for telephonic appearance on 12/18/19 @ 2pm
At the time the Court ordered that payment not be released to counsel, the court did not know whether this case would be moving forward in chapter 11 at all. The speed with which the debtor was replacing his counsel gave rise to concern that conversion or dismissal of the case would be imminent and, if the case were converted to chapter 7, payment of chapter 11 expenses of administration would be subordinated to the payment of chapter 7 expenses of administration. Debtor now contends that he is making progress toward negotiation of a consensual plan and there is no reason to require this particular chapter 11 professional to await payment of fees allowed on an interim basis. Grant motion. Order release of funds reserved for payment of fees allowed on an interim basis.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan
10:00 AM
DEBTOR, DANA HOLLISTER 2:18-BK-12429NB
fr. 6-19-18, 11-20-18, 1-17-19, 2-21-19, 4-25-19, 5-16-19, 8-8-19, 11-14-19
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