10:00 AM
Docket 369
- NONE LISTED -
Court has reviewed trustee's status report. Continue hearing to April 29, 2020 at 10:00 a.m. to give trustee an opportunity to complete her administration of the estate. If case has not been closed by then, trustee should file updated status reporrt by April 22, 2020. APPEARANCES WAIVED ON JANUARY 8, 2020.
Debtor(s):
Daniel Louis Reece Represented By James A Hayes Jr James R Selth
Joint Debtor(s):
Kimberly Ann Reece Represented By James A Hayes Jr James R Selth
Trustee(s):
Diane C Weil (TR) Pro Se
10:00 AM
Docket 18
1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM
If delinquent fees have not bee paid, dismiss case for failure to pay installments.
Debtor(s):
Doris Jean Meyers Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 12
1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM
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):
Roberto V Navarro Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: HMC ASSETS, LLC SOLELY AS ADMINISTRATOR OF THE CIVIC SECURITIZATION TRUST II
FR. 12-10-19
Docket 27
- NONE LISTED -
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
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) Represented By Aram Ordubegian
Christopher K.S. Wong
10:00 AM
MOVANT: KELLY JEAN NORTON
Docket 8
- NONE LISTED -
The only reason the debtor's first case was dismissed is because debtor was unaware of prepetition credit counseling requirement. Presumption of bad faith has been overcome. Grant motion. NO APPEARANCE REQUIRED. Court will prepare order.
Debtor(s):
Kelly Jean Norton Pro Se
Movant(s):
Kelly Jean Norton Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 128
- NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
California Sandblasting & Coating, Pro Se
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 146
1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM
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.)
10:00 AM
Overrule objections. Grant motion. Authorize trustee to abandon assets.
12/17/19 -- Court approved stipulation continuing hearing to January 8, 2020 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 18, 2019.
Tentative Ruling for January 8, 2020:
Tentative ruling from December 18, 2019 remains unchanged.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
Docket 73
- NONE LISTED -
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
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
Authorizing The Debtor To Continue 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; And
Granting Related Relief
Docket 77
- NONE LISTED -
Grant motion. Authorize debtor to use cash collateral on same terms set forth in Court's November 22, 2019 order (docket no. 55) through and including May 31, 2020. APPEARANCES WAIVED ON JANUARY 8, 2020. Movant is
authorized to upload order consistent with tentative ruling.
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
Docket 1131
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.
Tentative Ruling for January 8, 2020:
At trustee's request, continue case management conference to March 18, 2020 at 11:00 a.m. Trustee should file updated status report not later than March 11, 2020. APPEARANCES WAIVED ON JANUARY 8, 2020.
Debtor(s):
Morry Waksberg MD Represented By
Steven Karlton Kop - DISBARRED - Daniel J McCarthy
William A Kent - INACTIVE -
11:00 AM
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
11:00 AM
Docket 826
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.
Tentative Ruling for January 8, 2020:
At trustee's request, continue case management conference to March 18, 2020 at 11:00 a.m. Trustee should file updated status report not later than March 11, 2020. APPEARANCES WAIVED ON JANUARY 8, 2020.
Debtor(s):
Morry Waksberg MD Inc Represented By
11:00 AM
Trustee(s):
Daniel J McCarthy
Alfred H Siegel (TR) Represented By Anthony A Friedman Byron Z Moldo Daniel A Lev Matthew J Eandi
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, 12-11-19
Docket 1
12/30/19 - J. Alexander Rhim, (818)907-3135, has been approved for telephonic appearance on 1/8/20 @ 11am
1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM
Docket reflects service of notice of bar date, which is good, but where is the order actually establishing the bar date that is necessary in a chapter 11 case and that was expressly requested by the Court? When will the debtor be in a position to formulate a chapter 11 plan?
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
11:00 AM
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
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing
11:00 AM
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:
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:
11:00 AM
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:
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.
11:00 AM
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.
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.
Tentative Ruling for January 8, 2020:
What, if anything, has transpired since the last status report? Did a foreclosure sale occur on December 12? If so, what happened at the sale? Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
11:00 AM
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 Philip E Strok Michael Simon Timothy W Evanston
2:00 PM
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.
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 Hearing on amended disclosure statement -- September 11, 2019
2:00 PM
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.
9/13/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 8, 2020 at 2:00 pm
L/D for debtor to file second amended plan and disclosure statement -- November 13, 2019
Hearing on disclosure statement -- January 8, 2020 at 2:00 pm Requirement of filing case status report waived
11/12/19 -- Court granted motion to extend time to file plan and continue confirmation hearing date to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan
2:00 PM
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
2:00 PM
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.
12/13/19 -- Court approved stipulation setting following continued dates: L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
2:00 PM
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 78
- NONE LISTED -
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.
12/13/19 -- Court approved stipulation setting following continued dates:
2:00 PM
L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
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
Docket 13
- NONE LISTED -
Grant motion. Require attorney to disgorge all amounts he received for filing bankruptcy case on behalf of debtor who was barred from filing bankruptcy in district without taking appropriate steps to have the bar lifted.
Debtor(s):
Ismael Marquez Represented By Randy Alexander
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 12
- NONE LISTED -
Unless debtor is now in compliance with all filing requirements, including the filing of monthly operating reports, discuss with parties whether conversion of the case to chapter 7 or dismissal of the case would be the more appropriate option.
Even if debtor has filed all required documents, discuss with debtor whether there is any reasonable prospect for a reorganization, as it appears that this case does not belong in chapter 11.
Debtor(s):
Pablo Meza Pro Se
10:00 AM
Docket 241
1/7/20 - L. Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 1/9/20 @ 10am
11/8/19 -- Court continued this date to January 9, 2020 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 18, 2019.
Tentative Ruling for January 9, 2020:
Class 1(a)'s limited objection: The Court will not approve a stipulation or confirm a plan that provides that a document other than the plan (or the confirmation order) will control in the event of an inconsistency. The Court does not want anyone to have to refer to any document other than the plan to determine what a creditor's plan treatment is. Are there any provisions of the plan that the creditor believes are inconsistent with the treatment that it agreed to accept, as the limited objection does not identify any provisions other than the inconsistency provision identified above, which the court will not approve.
Debtor needs to cram down the plan on classes 1(b) and 2(a), as these classes are impaired and did not submit ballots. The treatment for these classes appears to satisfy the applicable requirements, in that these claimants will be paid in full with interest at an appropriate rate to constitute payment in full as of the effective date.
Hearing required.
10:00 AM
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Joanne P Sanchez
10:00 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,
5-29-19, 8-27-19, 10-2-19, 12-18-19
Docket 1
1/7/20 - L. Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 1/9/20 @ 10am
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:
10:00 AM
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
10:00 AM
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.
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.
Tentative Ruling for January 9, 2020:
Revisit status of case after conclusion of confirmation hearing.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
10:00 AM
Credit Counseling was taken post petition fr. 1-8-2020
Docket 12
1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM
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):
Roberto V Navarro Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
fr. 1-8-2020
Docket 18
1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM
If delinquent fees have not been paid, dismiss case for failure to pay installments.
Debtor(s):
Doris Jean Meyers Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 146
1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM
1/7/20 - Rika Kido, (949)340-3400, has been approved for telephonic appearance on 1/9/20 @ 10am
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
10:00 AM
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.
12/17/19 -- Court approved stipulation continuing hearing to January 8, 2020 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 18, 2019.
Tentative Ruling for January 8, 2020:
Tentative ruling from December 18, 2019 remains unchanged.
1/8/20 -- Court approved stipulation continuing hearing to January 29, 2020 at 10:00 a.m. OFF CALENDAR FOR JANUARY 9, 2020.
Debtor(s):
Matthew Edward Wiltsey Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
fr 5-11-16, 6-7-16, 7-21-16, 7-27-16, 9-28-16, 10-18-16, 11-29-16, 12-7-16,
3-8-17, 6-14-17, 7-11-17, 7-26-17, 8-15-17, 10-18-17, 1-10-18, 2-14-18, 3-1-18,
6-7-18, 10-17-18, 2-6-19, 8-7-19, 9-11-19, 12-11-19, 1-8-20
Docket 1
12/30/19 - J. Alexander Rhim, (818)907-3135, has been approved for telephonic appearance on 1/9/20 @ 10am
1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM
1/7/20 - Victor Vilaplana, (858)847-6759, has been approved for telephonic appearance on 1/9/20 @ 10am
Docket reflects service of notice of bar date, which is good, but where is the order actually establishing the bar date that is necessary in a chapter 11 case and that was expressly requested by the Court? When will the debtor be in a position to formulate a chapter 11 plan?
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
10:00 AM
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
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
10:00 AM
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:
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:
10:00 AM
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:
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.
10:00 AM
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.
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.
Tentative Ruling for January 9, 2020:
What, if anything, has transpired since the last status report? Did a foreclosure sale occur on December 12? If so, what happened at the sale? Hearing required.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
10:00 AM
Trustee(s):
Michael Jay Berger
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford IV
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
10:00 AM
MOVANT: LAKEVIEW LOAN SERVICING, LLC.
Docket 66
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Consuelo A Canales Represented By John F Bazan
Movant(s):
Lakeview Loan Servicing, LLC Represented By Cassandra J Richey
Trustee(s):
John J Menchaca (TR) Represented By Leonard M Shulman Lauren E Raya Lynda T Bui
10:00 AM
MOVANT: MANCHESTER DEVELOPMENT LP
Docket 9
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Stevie Anthony Wakes Jr Pro Se
Movant(s):
Manchester Development LP Represented By Agop G Arakelian
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 29
1/10/20 - Austin Nagel, (925)855-8080 x 201, has been approved for telephonic appearance on 1/14/20 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Roberto Aguirre Pacheco Represented By Susan Jill Wolf
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Volkswagen Touareg VIN# WVGEF9BPXDD010502
MOVANT: LOGIX FEDERAL CREDIT UNION
Docket 9
1/7/20 - Reilly Wilkinson, (415)491-8900x 106, has been approved for telephonic appearance on 1/14/20 @ 10am.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Christy Anne Woodson Represented By Taylor F Williams
Movant(s):
LOGIX FEDERAL CREDIT Represented By Reilly D Wilkinson
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MOVANT: BANK OF THE WEST
Docket 25
12/17/19 - Mary Tang, (925)678-1876, has been approved for telephonic appearance on 1/14/20 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Melissa A Snee Pro Se
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 12
1/7/20 - Jennifer Wang, (714)431-1058 has been approved for telephonic appearance on 1/14/20 @ 10am.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Brenda Carolina Vasquez Represented By Sanaz S Bereliani
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: CONNECTIONS CREDIT UNION
Docket 11
- NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Kandace Juhola Storvis Represented By Jeffrey J Hagen
Joint Debtor(s):
Taylor Michael Storvis Represented By Jeffrey J Hagen
Movant(s):
Connections Credit Union Represented By Steven L Bryson
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: BANK OF THE WEST
Docket 8
12/23/19 - Mary Ellmann Tang, (925)678-1876, has been approved for telephonic appearance on 1/14/20 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Trevor Anthony Fiore Represented By Marjorie S Archer
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: JULIAN M. HOLDINGS, LLC, DBA HYDE PARK
Docket 6
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3) but with annulment.
Debtor(s):
Eunho Kim Represented By
Simon S Chang
Movant(s):
Julian M. Holdings, LLC dba Hyde Represented By
Joseph Cruz
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
fr. 6-26-18, 8-7-18, 10-2-18, 10-23-18, 11-27-18, 1-29-19, 4-30-19, 8-13-19,
10-15-19
Docket 1
1/10/20 - Cliff Davidson, (503)243-1653, has been approved for telephonic appearance on 1/14/20 @ 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.
2:00 PM
Tentative Ruling for January 29, 2019:
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.
Tentative Ruling for January 14, 2020:
Trustee filed motion for approval of compromise on December 20, 2019 with notice and an opportunity for hearing. Continue status conference to March 3, 2020 at 2 pm to give court an opportunity to process motion.
APPEARANCES WAIVED ON JANUARY 14, 2020.
Debtor(s):
Lite Solar Corp. Represented By
2:00 PM
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, 8-13-19, 10-15-19
Docket 1
1/7/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 1/14/20 @ 2pm.
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.
Tentative Ruling for January 14, 2020:
Continue status conference approximately 90 days. Issue scheduling order with dates propposed in joint status report.
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
2:00 PM
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 Joshua D Stadtler
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, 10-15-19
Docket 1
1/7/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 1/14/20 @ 2pm.
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
2:00 PM
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.
Tentative Ruling for January 14, 2020:
Continue status conference approximately 90 days. Issue scheduling order with dates propposed in joint status report.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Energy Wise Lightning, Inc. Represented By Joseph A Field Irving M Gross
Peter Greenberg Represented By Joseph A Field
2:00 PM
Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen Joshua D Stadtler
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
Adv#: 2:19-01044 Dye v. Babaie et al
fr. 4-9-19, 5-7-19, 9-17-19, 11-12-19
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.
Tentative Ruling for January 14, 2020:
Where is joint status report that should have been filed by December 31, 2019? At last status conference, parties reported that matter had been settled and that there would be a lump sum settlement. What, if anything, has transpired since the last settlement conference? (Docket does not reflect filing of a motion to compromise or to sell assets.) 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
2:00 PM
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,
9-17-19, 11-19-19
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
1/8/20 -- Court approved stipulation setting following continued dates:
Cont'd pretrial conference -- February 11, 2020 at 2
L/D for Bitetti to take Bren's deposition -- February 10, 2020 L/D to file pretrial motions -- February 10, 2020
OFF CALENDAR FOR JANUARY 14, 2020. PARTIES SHOULD LODGE JOINT PRETRIAL ORDER TWO WEEKS PRIOR TO CONTINUED PRETRIAL 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#: 2:19-01487 YOO v. Lennon et al
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):
Lennon and Wolfe, Inc. Represented By Steven L Bryson
Defendant(s):
Amanda Lennon Pro Se
Christopher Lennon Pro Se
Plaintiff(s):
TIMOTHY J YOO Represented By Robyn B Sokol
Trustee(s):
Timothy Yoo (TR) Represented By Steven T Gubner
2:00 PM
Adv#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor
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):
Stephanie Monique Victor Represented By
D Justin Harelik
Defendant(s):
Stephanie Monique Victor Pro Se
Plaintiff(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01486 Hage v. Benzimra et al
Docket 1
- NONE LISTED -
12/16/19 -- Court approved stipulation continuing deadline to respond to complaint to January 7, 2020 and continuing status conference to January 28, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 14, 2020.
Debtor(s):
Charles Adib Hage Represented By Brian J Soo-Hoo Mark S Martinez
Defendant(s):
Felix Benzimra Represented By Lewis R Landau
Sarah Amozeg-Tirosh Benzimra Represented By
Lewis R Landau
Platinum Loan Servicing, Inc. Represented By Lewis R Landau
Trust Deed Network Represented By Lewis R Landau
2:00 PM
All Persons Known and Unknown Pro Se DOES 1-10, inclusive Pro Se
Plaintiff(s):
Charles Adib Hage Represented By Mark S Martinez
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01485 Vons Credit Union, a Federal Credit Union v. Martinez
Docket 1
- NONE LISTED -
Where is declaration that should have accompanied filing of unilateral status report? Hearing required.
Debtor(s):
Veronica Martinez Represented By Marjorie S Archer
Defendant(s):
Veronica Martinez Represented By
Andrew Edward Smyth
Plaintiff(s):
Vons Credit Union, a Federal Credit Represented By
Leon D Bayer
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, 10-1-19
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
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.
10/2/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- January 14, 2020 at 2
L/D to file joint status report -- December 31, 2019 L/D to conduct discovery -- December 31, 2019
L/D to lodge order appointing mediators -- October 25, 2019 L/D to complete mediation -- January 14, 2020
11/4/19 -- 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 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#: 2:19-01139 Gonzalez v. De La Madrid et al
Docket 36
12/10/19 - Matter re-noticed to 1/28/20 @ 2pm per Scheduling Order entered on 10/18/19.
- NONE LISTED -
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Danniel De La Madrid Represented By Chad T Pratt
Llamas Estates, LLC Pro Se
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
Movant(s):
Rosendo Gonzalez Represented By
2:00 PM
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#: 2:19-01417 Gonzalez v. Choi et al
Docket 14
- NONE LISTED -
The complaint and the motion describe the transfers as "loan distributions." This is not a term of art. What were the transfers for? Were they loans extended to the defendants? Were they repayments to the defendants of monies lent to the defendants by the defendants? How does the trustee know what the payments were for? Are there books and records that show these as accounts receivable from the defendants?
A number of the transfers are checks made out to cash. How does the trustee know that these were transfers to the defendants? What does the back of each check show?
Hearing required.
Debtor(s):
CSJN, Inc. Represented By
Young K Chang
Defendant(s):
Sang Ho Choi Pro Se
Jung Ah Lee Pro Se
Movant(s):
Rosendo Gonzalez Represented By
2:00 PM
Frank X Ruggier
Plaintiff(s):
Rosendo Gonzalez Represented By Frank X Ruggier
Trustee(s):
Rosendo Gonzalez (TR) Represented By Larry D Simons
2:00 PM
Adv#: 2:19-01417 Gonzalez v. Choi et al
fr. 11-19-19
Docket 1
10/30/2019 - Request for entry of default against defendant(s) Sang Ho Choi & Defendant(s) Jung Ah Lee
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):
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
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Represented By Larry D Simons
2:00 PM
Adv#: 2:19-01425 J&C International, LLC et al v. DONG
Docket 6
- NONE LISTED -
Plaintiff has filed a request for dismissal. Plaintiff should lodge a proposed form of order dismissing action. Court will enter an order vacating the OSC as moot.
OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
XU DONG Represented By
Alice Lin
Defendant(s):
XU DONG Represented By
Alice Lin
Plaintiff(s):
Ideal City Realty, LLC. Represented By Lawrence Hoodack
Mimi Wu Represented By
Lawrence Hoodack
J&C International, LLC Represented By Lawrence Hoodack
2:00 PM
Trustee(s):
Lawrence Hoodack
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01425 J&C International, LLC et al v. DONG
fr. 12-3-19
Docket 1
- NONE LISTED -
Plaintiff has filed a request for dismissal. Plaintiff should lodge a proposed form of order dismissing action.
OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
XU DONG Represented By
Alice Lin
Defendant(s):
XU DONG Represented By
Alice Lin
Plaintiff(s):
Ideal City Realty, LLC. Represented By Lawrence Hoodack
Mimi Wu Represented By
2:00 PM
Lawrence Hoodack
J&C International, LLC Represented By Lawrence Hoodack Lawrence Hoodack
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01174 Amgine Aerospace Corporation v. Avakian
fr. 9-5-19, 12-3-19
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.
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.
TAKE HEARING OFF CALENDAR. MOTION MOOT. COURT APPROVED STIPULATION RE DISMISSAL.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D. Resnik
2:00 PM
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, 12-3-19
Docket 1
- NONE LISTED -
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.
1/8/20 -- Court approved stipulation re dismissal. OFF CALENDAR. ACTION DISMISSED.
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
2:00 PM
Trustee(s):
R. Jeffrey Neer
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 12-17-19
Docket 24
- NONE LISTED -
Tentative Ruling for December 17, 2019:
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.
Final Ruling for December 17, 2019:
2:00 PM
Continue hearing to January 14, 2020 at 2:00 p.m. to give parties an opportunity to evaluation the options. Court would like to do one of the following: (1) dismiss the removed action and have the parties file amended pleadings in this action to include any claims that are not already there (order should make clear that, for statute of limitations purposes, filing of such claims should relate back to date they were filed in the removed action, as this would just be a mechanism for consolidating the actions); or (2) remand the removed action to state court and hold the 523 action in abeyance while the parties litigated claims in the state court action (court would nevertheless conduct periodic status conferences).
Tentative Ruling for January 14, 2020:
As between the two options outlined above, what would the parties like to do? Hearing required.
Debtor(s):
Rachel Louise Carlsen Pro Se
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
2:00 PM
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, 12-17-19
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:
2:00 PM
Revisit status of action after conclusion of related matters on calendar.
Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
Plaintiff(s):
Tyler Fred Represented By
Candice Candice Bryner
Mark Guirguis 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, 12-17-19
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
2:00 PM
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.
Tentative Ruling for January 14, 2020:
See tentative ruling for matter no. 217.
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
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Docket 67
1/10/20 - George J. Paukert, (310) 850-0231 has been approved for telephonic appearance on 1/14/20 @ 2pm.
Overrule debtor's objection. Approve compromise. Alma Darnell has a final judgment against the debtor and a judgment lien recorded against the debtor's real property. The outcome of the dischargeability action (namely, whether Darnell's claims can be discharged or not) has no bearing on whether Darnell has a lien or a claim against assets of the debtor's bankruptcy estate.
Debtor(s):
Judith Anne Sanchez Represented By George J Paukert
Movant(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
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, 9-10-19
Docket 1
12/16/19 - George J. Paukert, (310) 850-0231 has been approved for telephonic appearance on 1/14/20 @ 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?
Tentative Ruling for January 14, 2020:
Status report states that, if the trustee's proposed compromise is approved,
2:00 PM
Darnell will be substituted in as plaintiff in this action in lieu of the trustee. Have all the existing claims been resolved? If so, does Darnell plan to file an amended complaint or should Darnell file a new adversary proceeding asserting these claims? Are there statute of limitations issues?
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
Adv#: 2:19-01060 Darnell v. Sanchez
Docket 27
12/16/19 - George J. Paukert, (310) 850-0231 has been approved for telephonic appearance on 1/14/20 @ 2pm.
Grant both requests for judicial notice. All attachments are matters of which it is appropriate for the court to take judicial notice.
Court agrees with plaintiff that the December 6, 2016 Final Statement of Decision and Order is a final order. The clerk of court treated it as a final order and issued an abstract of judgment for the amount awarded ($5,814,000). The Clerk of court issued a writ of execution on April 11, 2018 to permit enforcement of that judgment. However, even if defendant were correct that that this memorandum of decision was not a final, appealable order because it required further action (namely, the preparation/approval of an accounting), these additional actions have already occurred. Debtor filed her accounting on June 30, 2017 and, on June 14, 2018, the probate court entered an order approving the accounting. That order has also become final.
Under these circumstances, and as the litigation is between the same parties, issue preclusion is available for the findings made by the probate court, and defendant has not identified any facts or circumstances that would make it inappropriate for this court to give these findings preclusive effect. The question remains, however, did the probate court make sufficient findings to render the amounts awarded to plaintiff nondischargeable under bankruptcy code sections 523(a)(2), (a)(4) or (a)(6).
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Defendant argues that the findings were not sufficient because they didn't use the same language as the applicable bankruptcy code sections, but this is not the standard. No magic words are required. The question is whether the relevant issues were actually and necessarily decided. Fortunately, the probate court issued detailed findings from which the Court can make the required determinations.
Plaintiff seeks judgment under section 523(a)(2), but the court is not prepared to find on these facts that the debtor engaged in fraud. As discussed in more detail below, the court believes that she engaged in wrongful conduct sufficient to give rise to nondischargeable liability, but she did not do so by making false representations on which anyone relied to their detriment. She did not deceive the plaintiff or her other siblings. Therefore, the motion should be denied insofar as it seeks judgment under section 523(a)(2).
However, it is clear from the findings of the probate court that it was the intent of the debtor's deceased brother to create an express trust with his sister as the trustee acting as a fiduciary for the benefit of herself and her siblings. In this capacity, the debtor's job was to liquidate her deceased brother's real properties and distribute the net proceeds equally among the surviving siblings. The probate court found that the debtor knew this and nevertheless failed to perform these obligations. Instead, she wrongfully transferred the properties to herself and her daughter, resulting in the damage award issued by the probate court in favor of plaintiff. This is a breach of fiduciary duty sufficient to give rise to nondischargeable liability under Bankruptcy Code section 523(a)(4).
Section 523(a)(6) excepts from discharge debts arising from a debtor's "willful and malicious" injury to another person or to the property of another. The "willful" and "malicious" requirements are conjunctive and subject to separate analysis:
-- A "malicious" injury requires: (1) a wrongful act, (2) done intentionally, (3) which necessarily causes injury, and (4) is done without just cause or excuse. Petralia v. Jercich (In re Jercich), 238 F.3d 1202, 1209 (9th Cir. 2001) .
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-- The willful injury requirement speaks to the state of mind necessary for nondischargeability and is satisfied when a debtor harbors either a subjective intent to harm, or a subjective belief that harm is substantially certain." In re Su, 290 F.3d 1140. The injury must be deliberate or intentional, "not merely a deliberate or intentional act that leads to injury." Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998).
Based on its review of the probate court's findings, this Court finds that It beyond dispute that the probate court actually and necessarily decided all of the issues necessary to entitle plaintiff to summary judgment under section 523(a)(6).
--The probate court found, on page 3, in paragraph 10, that Judith Sanchez engaged in a bad faith wrongful taking as to those properties that she claimed by deed. This led the probate court to issue a monetary judgment for twice the value of the properties.
--The probate court found, on page 3, in paragraph 12, that Judith Sanchez engaged in the wrongful taking of rental income of the properties she claimed by way of deed, which led the probate court to issue a monetary judgment for twice the amount of the wrongfully diverted rents.
--The probate court found, on page 13, at line 22, that Judith Sanchez was well aware of the provisions of the Lost Will that provided for equal distribution of her brother's estate to his living siblings.
--The probate court found, on page 14, at lines 21 through 26, that "It was clear that she [Judith Sanchez] believed that her plan of waiting to sell the properties, while still collecting rents and making little or no distributions to the remaining heirs was in direct contravention to what she was well aware her brother had wanted."
Nevertheless, even after she acknowledged through her attorney that she was supposed to sell all of the real and personal property and share the proceeds with her siblings, she did not do so. Instead, the probate court found that she destroyed the 2009 will that made this intention clear and offered into probate the two earlier wills that left all assets to her, and transferred the properties for her own benefit and for that of her daughter, giving nothing to her siblings. Thus, the probate court actually and
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necessarily found that the debtor had engaged in wrongful conduct, done intentionally, that necessarily caused injury and did so with full knowledge of the fact that her conduct was wrongful and that it would wrongfully deprive her siblings of their share of her brother's estate. These facts are sufficient to render the liability imposed upon the debtor by the probate court based upon this conduct nondischargeable under Bankruptcy Code section 523(a)(6).
Accordingly, grant plaintiff summary judgment under Bankruptcy Code sections 523(a)(4) and 523(a)(6), rendering amounts awarded to plaintiff in the probate action nondischargeable.
Debtor(s):
Judith Anne Sanchez Represented By George J Paukert
Defendant(s):
Judith Anne Sanchez Represented By George J Paukert
Movant(s):
Alma Darnell Represented By Kathy McCormick
Plaintiff(s):
Alma Darnell Represented By Kathy McCormick
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:19-01060 Darnell v. Sanchez
fr. 5-7-19, 9-10-19
Docket 1
12/16/19 - George J. Paukert, (310) 850-0231 has been approved for telephonic appearance on 1/14/20 @ 2pm.
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.
Tentative Ruling for January 14, 2020:
Revisit status of action after conclusion of hearing on motion for summary judgment.
2:00 PM
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
10:00 AM
Adv#: 2:19-01224 IMAGIC, INC, v. Dong
fr. 9-17-19
Docket 1
8/26/19 - Default entered against Defendant Xu Dong.
11/21/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 1/15/20 @ 11am
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.
MATTER MOVED TO 11 AM CALENDAR.
Debtor(s):
XU DONG Represented By
Alice Lin
Defendant(s):
Xu Dong Pro Se
Plaintiff(s):
IMAGIC, INC, Represented By Young H Bae
10:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Adv#: 2:19-01224 IMAGIC, INC, v. Dong
Docket 22
11/21/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 1/15/20 @ 11am
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.
MATTER MOVED TO 11 AM CALENDAR.
Debtor(s):
XU DONG Represented By
Alice Lin
Defendant(s):
Xu Dong Pro Se
Movant(s):
IMAGIC, INC, Represented By
10:00 AM
Young H Bae
Plaintiff(s):
IMAGIC, INC, Represented By Young H Bae
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Adv#: 2:19-01224 IMAGIC, INC, v. Dong
Docket 22
11/21/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 1/15/20 @ 11am
Tentative Ruling for October 15, 2019:
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.
Final Ruling for October 15, 2019:
Continue hearing to January 15, 2020 at 10:00 (later moved to 11). Plaintiff should file and serve supplemental declaration(s) not later than December 18, 2019.
Tentative Ruling for January 15, 2020:
Declaration still contains hearsay, but court is prepared to admit it under residual exception of FRE 807. Grant motion. Enter judgment in favor of plaintiff for $150,000 that is nondischargeable under Bankruptcy Code sections 523(a)(2)(A) and 523(a)(6).
11:00 AM
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
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Adv#: 2:19-01224 IMAGIC, INC, v. Dong
fr. 9-17-19
Docket 1
8/26/19 - Default entered against Defendant Xu Dong.
11/21/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 1/15/20 @ 11am
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
11:00 AM
11:00 AM
Docket 9
NONE LISTED -
Deny motion to dismiss as moot. Case has already been dismissed. Court will prepare order. No appearance required.
Debtor(s):
Hervin Torreblanca Pro Se
Movant(s):
Hervin Torreblanca Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Authorizing Sale of Real Property Free and Clear of Liens and Encumbrances, Except Solar Lien
Approving Overbid Procedures
Authorizing Payments of Liens (Except Solar Lien), Costs of Sale, Property Taxes, Amount to Tenant, and Debtors Amended Wildcard Exemption
Finding That Purchasers Are Good Faith Purchasers under 11 U.S.C. § 363(m)
Docket 38
NONE LISTED -
Grant motion. Approve sale to highest bidder. Authorize the transfer of the SunSun Solar Agreement pursuant to the terms of the contract.
Debtor(s):
Charles Harvey Wissore Represented By Marjorie S Archer
Trustee(s):
Jason M Rund (TR) Represented By Robert A Hessling
11:00 AM
Docket 48
1/13/20 - Keith Banner, (310)553-3610, has been approved for telephonic appearance on 1/15/20 @ 11am
This is a chapter 7 case. Is the trustee still performing under any of the agreements in question? By extending the time to assume or reject, is the trustee causing increases in the amount of damages that will be incurred by the nondebtor parties to the contracts?
Hearing required.
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
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, 11-20-19
Docket 1
1/7/20 - Diane Weifenbach, (714)695-6637, has been approved for telephonic appearance on 1/15/20 @ 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
Tentative Ruling for January 15, 2020:
According to the reorganized debtor's status report, the replacement loan will fund on January 12 and reorganized debtor will be able to pay off all amounts due unsecured creditors under her plan and cure any delinquencies on her secured claims. Has this occurred? Hearing required.
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
11:00 AM
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,
8-15-19
Docket 1
NONE LISTED -
According to reorganized debtor's post-confirmation status report, the reorganized debtor is currently delinquent on a variety of payments due under its confirmed plan. The status report represents that these arrearages will have been cured by the date of the status conference. Has this occurred? Is the reorganized debtor now current on its plan payments? Hearing required.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
11:00 AM
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?
11:00 AM
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.
Tentative Ruling for January 15, 2020:
Court has reviewed trustee's status report. Continue case status conference to April 29, 2020 at 11:00 a.m. Trustee should file and serve updated status report not later than April 17, 2020. Appearances waived on January 15, 2020.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
11:00 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.
Final Ruling for October 2, 2019:
Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file and serve updated status report not later than January 3, 2020.
Tentative Ruling for January 15, 2020:
Status report was filed belatedly on January 12, 2020. Has debtor filed the valuation motions referenced in the status report? When/how does the debtor anticipate resolving the issues concerning Gentle Care Transport, Inc.
Hearing required.
11:00 AM
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
Docket 87
1/13/20 - Tinho Mang, (949)333-7777, has been approved for telephonic appearance on 1/15/20 @ 11am.
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.
10/21/19 -- Court approved scheduling order that set following dates: L/D to serve notice of bar date -- October 25, 2019
Bar date -- December 20, 2019
Con'd case status conference -- January 15, 2020 at 11 L/D to file updated status report -- January 3, 2020
Tentative Ruling for January 15, 2020:
Set deadline for debtor to file plan and disclosure statement and administrative bar date for all creditors other than professional persons. Set deadline for debtor to serve notice of bar date.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
11:00 AM
Docket 1
NONE LISTED -
1/9/20 -- At hearing held this date, court continued case status conference to March 11, 2020 at 11:00. OFF CALENDAR FOR JANUARY 15, 2020.
Debtor should file updated status report not later than March 2, 2020.
Debtor(s):
Pablo Meza Pro Se
11:00 AM
Settlement of State Court Action
Relief From Stay
Dismissal of Ninth Circuit Appeal
Docket 1000
NONE LISTED -
12/27/19 -- Court granted ex parte application by debtor to continue hearing to January 29, 2020 at 10:00 a.m. OFF CALENDAR FOR JANUARY 15,
2020.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Jason M Rund (TR) Represented By Timothy J Yoo
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
11:00 AM
Docket 1004
NONE LISTED -
12/27/19 -- Court granted ex parte application by debtor to continue hearing to January 29, 2020 at 10:00 a.m. OFF CALENDAR FOR JANUARY 15,
2020.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
Jason M Rund (TR) Represented By Timothy J Yoo
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
2:00 PM
Docket 100
1/7/20 - Melissa Lowe, (949)340-3400 x 151, has been approved for telephonic appearance on 1/15/20 @ 2pm.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Emma B Valles Represented By Marcus Gomez
Kourosh M Pourmorady
Trustee(s):
Carolyn A Dye (TR) Represented By Melissa Davis Lowe Leonard M Shulman Ryan D O'Dea
2:00 PM
Docket 65
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Raymond Ernest Chagolla Represented By Kian Mottahedeh
Trustee(s):
Peter J Mastan (TR) Represented By Lovee D Sarenas
2:00 PM
Docket 64
NONE LISTED -
Overrule objection. Approve trustee's final report in full.
Debtor(s):
Dacia Genoveva Molina Represented By
Michael H Colmenares
Trustee(s):
Wesley H Avery (TR) Represented By Robert A Hessling
2:00 PM
Docket 54
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Manuel Rene Servin Pro Se
Joint Debtor(s):
Brenda Marisela Servin Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay
2:00 PM
Docket 31
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Raul Campos Renteria Represented By Francis Guilardi
Joint Debtor(s):
Susana Campos Represented By Francis Guilardi
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 1008
NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
Movant(s):
San Fernando Red, LLC Represented By John P Schock
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
10:00 AM
MOVANT: ANTHONY KAFESJIAN
Docket 9
NONE LISTED -
Court doesn't grant in rem relief except as authorized by section 362(d)(4), which is inapplicable here. Provided motion and notice of hearing were properly served, grant motion, including waiver of Bankruptcy Rule 4001(a) (3).
Debtor(s):
Vincent Guy Cammarata Pro Se
Movant(s):
Ann Kafesjian Represented By Dana M Perlman
Anthony Kafesjian Represented By Dana M Perlman
Trustee(s):
Elissa Miller (TR) Pro Se
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, 11-7-19
Docket 1
1/16/20 - Notice of dismissal filed.
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.
10/11/19 -- Court approved order approving compromise. Trustee is to pay lump sum and action to be dismissed thereafter.
OFF CALENDAR. ACTION DISMISSED.
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
10:00 AM
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
10:00 AM
Adv#: 2:18-01372 Yoo v. Merchant Advance Pay, Inc.
#3.00 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, 11-7-19
Docket 1
1/16/20 - Notice of Dismissal filed.
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:
10:00 AM
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.
10/11/19 -- Court approved order approving compromise. Trustee is to pay lump sum and action to be dismissed thereafter.
OFF CALENDAR. ACTION DISMISSED.
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
MOVANT: NATIONSTAR MORTGAGE, LLC.
Docket 10
1/27/20 - Kelly M. Kaufmann, (619) 955-1555, has been approved for telephonic appearance on 1/28/20 @ 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
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 Davila Pro Se
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Merdaud Jafarnia
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: ACAR LEASING LTD.
Docket 11
1/22/2020 - Jennifer H. Wang, (714) 431-1058, has been approved for telephonic appearance on 1/28/20 @ 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:
10:00 AM
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Christopher Michael Garcia Pro Se
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
MOVANT: AJAX MORTGAGE LOAN TRUST 2018-G, BY US BANK, NA, AS INDENTURE TRUSTEE
Docket 8
1/7/20 - Renee Parker, (509)252-0723, has been approved for telephonic appearance on 1/28/20 @ 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
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Keith Wayne Roberson Represented By
D Justin Harelik
Movant(s):
Ajax Mortgage Loan Trust 2018-G, Represented By
Renee M Parker
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: DAIMLER TRUST
Docket 312
1/22/2020 - Jennifer H. Wang, (714) 431-1058, has been approved for telephonic appearance on 1/28/20 @ 10AM
1/27/2020 - Eric Bensamochan, (818) 574-5740, has been approved for telephonic appearance on 1/28/20 @ 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 :
10:00 AM
WITHDRAWN:
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan
Movant(s):
Daimler Trust Represented By
Randall P Mroczynski
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, 11-5-19,11-19-19
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 Sevices, Inc.
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:
2:00 PM
Complete 1 day of mediation by:
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:
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
p.m. and directing that any motion to vacate a default be filed not later than September 26, 2017 and set for hearing on or before November 14, 2017 at 2:00 p.m.
Tentative Ruling for November 14, 2017:
2:00 PM
Why didn't the trustee comply with the court's directive to file his motion for partial summary judgment in time to have it heard on November 14, 2017? That motion is currently set for November 28, 2017.
Revisit status of action after conclusion of related matter on calendar. Tentative Ruling for November 28, 2017:
Revisit status of action after conclusion of related matter on calendar.
Tentative Ruling for January 9, 2018:
Set deadline for filing amended complaint and deadline for filing response to complaint.
Tentative Ruling for April 11, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
6/22/18 -- Court signed order approving stipulation continuing hearing to July 17, 2018 at 2:00 p.m. OFF CALENDAR FOR JUNE 26, 2018.
Tentative Ruling for July 17, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for October 16, 2018:
(Where is status report that should have been filed October 2, 2018?) Plaintiff has now filed third amended complaint and defendants have answered. Defendants have brought motion for summary judgment that is 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
2:00 PM
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.
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
2:00 PM
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.
Tentative Ruling for January 28, 2020:
Impose sanctions of $250 on counsel for plaintiff for failing to participate in preparation of joint pretrial order. Court cannot use the material provided by defendants as a pretrial order as it is not in the correct format. Continue pretrial conference and (again) order parties to lodge a proposed pretrial order two weeks prior to date of continued conference.
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#: 2:16-01294 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, 9-17=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:
2:00 PM
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:
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:
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.
2:00 PM
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:
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.
2:00 PM
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
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
2:00 PM
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.
9/26/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 28, 2020 at 2:00 p.m. L/D to file updated status report -- January 14, 2020
L/D to complete mediation -- January 28, 2020
L/D to conduct nonexpert fact discovery -- December 30, 2019
L/D to designate experts and exchange expert reports -- December 30, 2019 L/D to conduct expert witness discovery -- February 28, 2020
12/30/19 -- Court entered scheduling order with following dates: Cont'd status conference -- April 14, 2020 at 2:00 p.m.
L/D to file updated status report -- March 31, 2020 L/D to complete mediation -- April 13, 2020
L/D to conduct nonexpert fact discovery -- March 30, 2020
L/D to designate experts and exchange expert reports -- March 30, 2020 L/D to conduct expert witness discovery -- May 29, 2020
OFF CALENDAR FOR JANUARY 28, 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
2:00 PM
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
fr. 6-11-19, 9-17-19
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:
2:00 PM
Lodge Pretrial Order by:
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
12/22/16 -- Court approved stipulation continuing hearing to April 4, 2017 at 2:00 p.m. and waiving status report for that conference. OFF CALENDAR FOR JANUARY 10, 2017. NO APPEARANCE REQUIRED.
3/21/17 -- Court approved stipulation continuing hearing to April 25, 2017 at 2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing 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.
2:00 PM
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:
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)
2:00 PM
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?
9/26/19 -- Court approved scheduling order vacating discovery cutoff and waiving requirement that status report be filed in connection with January 28, 2020 status conference.
Tentative Ruling for January 28, 2020:
Continue status conference to April 14, 2020 at 2:00 p.m. to coincide with continued status conference in related matter. Parties need not file status report in connection with April status conference. APPEARANCES WAIVED ON JANUARY 28, 2020.
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
2:00 PM
Trustee(s):
Howard Kollitz
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
2:00 PM
Adv#: 2:19-01150 Avery v. Huber
fr. 7-30-19, 9-17-19, 12-3-19
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:
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:
No order approving compromise has been entered because, on October 22,
2:00 PM
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.
Final Ruling for December 3, 2019:
Continue status conference to January 28, 2020 at 2:00 p.m. to give parties an opportunity to consummate settlement agreement and dismiss this action.
Tentative Ruling for January 28, 2020:
OFF CALENDAR. COURT APPROVED STIPULATED ORDER DISMISSING ACTION.
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#: 2:18-01430 Leslie (TR) v. Alaberdyan
fr. 2-12-19, 2-26-19, 6-4-19, 8-13-19, 10-15-19
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:
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.
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
2:00 PM
28, 2020 at 2:00 p.m. and deadline to complete mediation to January 13,
2020. OFF CALENDAR FOR OCTOBER 15, 2019.
1/13/20 -- Court approved stipulation continuing deadline for completion of mediation to February 3, 2020 and continuing status conference to February 25, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 28, 2020.
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#: 2:18-01462 Venegas v. Educational Credit Management Corporation, a non-p
fr. 2-26-19, 4-9-19, 7-2-19, 10-1-19
Docket 1
1/13/20 - Scott Schiff, (310)276-2026, has been approved for telephonic appearance on 1/28/20 @ 2pm
1/13/20 - Keith Banner, (310)201-7469, has been approved for telephonic appearance on 1/28/20 @ 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:
2:00 PM
Lodge Pretrial Order by:
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
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:
Why don't the parties want this matter sent to mediation? Hearing required. 10/4/19 -- Court entered scheduling order with following dates:
2:00 PM
Cont'd status conference -- January 28, 2020 at 2:00 p.m. L/D to file joint status report -- January 14, 2020
L/D to complete fact discovery -- November 27, 2019
L/D to disclose experts and exchange expert reports -- December 15, 2019 L/D to disclose rebuttal experts and exchange reports -- January 10, 2020 L/D to complete expert discovery -- February 10, 2020
Tentative Ruling for January 28, 2020:
Set pretrial conference for approximately 90 days. Order parties to complete a day of mediation before date of pretrial conference.
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, 7-2-19, 10-1-19
Docket 1
4/24/19 - Notice of dismissal filed for Benjamin An, Corbel Architects, Inc. and King Star Security Patrol, Inc.
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:
2:00 PM
Lodge Pretrial Order by:
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
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:
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
2:00 PM
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.
OFF CALENDAR. NOTICE OF DISMISSAL FILED.
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#: 2:19-01116 Avery v. An
fr. 7-2-19, 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:
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.
OFF CALENDAR. NOTICE OF DISMISSAL FILED.
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
2:00 PM
Adv#: 2:19-01117 Avery v. Corbel Architects, Inc.
fr. 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:
Continue status conference approximately 90 to 120 days.
OFF CALENDAR. NOTICE OF DISMISSAL FILED.
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, 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:
Status report was late-filed. Continue status conference approximately 90 to 120 days.
OFF CALENDAR. NOTICE OF DISMISSAL FILED.
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#: 2:19-01488 An v. ADMIRE CAPITAL LENDING LLC
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:
Trial set for:
Scheduling order to be
lodged by:
2:00 PM
Off Calendar:
On November 21, 2019, Court entered an order denying motion for preliminary injunction and directing plaintiff to dismiss this action within 30 days after entry of order. Why hasn't this action been dismissed?
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
2:00 PM
Adv#: 2:19-01281 Elissa D. Miller, Chapter 7 Trustee v. Chan
fr. 11-5-19
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:
Set date for pretrial conference. Order parties to complete a day of mediation prior to date of pretrial conference.
1/17/20 -- Court approved compromise pursuant to which trustee will receive lump sum payment within 10 days after entry of order.
Tentative Ruling for January 28, 2020:
Has trustee received settlement payment? Hearing required.
Debtor(s):
Vitra Optika, LLC Represented By Michael E Plotkin
Defendant(s):
Sammy Casanova Chan Represented By
Andrew Edward Smyth
Plaintiff(s):
Elissa D. Miller, Chapter 7 Trustee Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.
fr. 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:
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.
10/4/19 -- Court entered order striking third claim for relief and directing parties to file joint status report not later than January 14, 2020.
Tentative Ruling for January 28, 2020:
Set discovery cutoff for late May 2020. Continue status conference approximately 90 days. Discuss with parties why they do not want this matter sent to mediation.
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Defendant(s):
Eugene Hubbard Jr. Represented By
2:00 PM
Vernon R Yancy
Plaintiff(s):
Upstream Capital Investments LLC Represented By
Douglas A Crowder Lynda E Jacobs
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez
fr. 10-15-19
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:
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:
Scheduling order to be
lodged by:
Off Calendar:
2:00 PM
Tentative Ruling for October 15, 2019:
(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.
Final Ruling for October 15, 2019:
Continue status conference to January 28, 2020 at 2:00 p.m. Parties are to file joint status report not later than January 14, 2020.
Tentative Ruling for January 28, 2020:
Once again, plaintiff has filed a unilateral status report without an accompanying declaration. Impose sanctions of $150 on counsel for plaintiff for failing to supply this declaration. Issue order to show cause 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.
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#: 2:19-01494 National Union Fire Insurance Company of Pittsburg v. Lopez
Docket 1
1/6/20 - Default entered against Ramiro Lopez.
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 to February 11, 2020 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON JANUARY 28, 2020.
Debtor(s):
Ramiro Lopez Represented By Daniel King
Defendant(s):
Ramiro Lopez Pro Se
Plaintiff(s):
National Union Fire Insurance Represented By Jacob J Stettin
Trustee(s):
Timothy Yoo (TR) Pro Se
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 fr. 12-3-19
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:
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.
Tentative Ruling for January 28, 2020:
OFF CALENDAR. ACTION HAS BEEN DISMISSED.
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
2:00 PM
Adv#: 2:19-01139 Gonzalez v. De La Madrid et al
Docket 35
1/27/20 - Rosendo Gonzalez, (213) 452-0070, has been approved for telephonic appearance on 1/28/20 @ 2pm
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:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
2:00 PM
Deny motion to dismiss. Movant's default has been taken based on his failure to respond to complaint and movant has not filed a motion to set aside his default. Unless and until his default is set aside, he cannot file an answer to the complaint or a motion to dismiss.
(NOTE: If the court were to reach the merits of the motion, it would nevertheless deny it. First, defendant has not sought and obtained an order dismissing the underlying bankruptcy case and cannot seek dismissal of the underlying case by filing a motion in the adversary proceeding (and debtor represented in his petition under penalty of perjury that as of the petition date he resided at 1620 E. McMillan St., Compton, CA 90221). Second, personal service is not required. The Federal Rules of Bankruptcy Procedure permit service by first class mail upon someone with sufficient minimum contacts with the United States and the address at which Movant was served is the address that movant has been using on his pleadings. Court will not entertain oral evidence as motions to dismiss are based on the pleadings and not on any extrinsic evidence that movant may care to admit.)
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Danniel De La Madrid Represented By Chad T Pratt
Llamas Estates, LLC Pro Se
Muziknewum Nevada Irrevocable Pro Se
Castizo Holdings, LLC Pro Se
Eliza Villareal Pro Se
Martha Lizeth Perez Pro Se
2:00 PM
Joint Debtor(s):
Martha Delia Zamora Pro Se
Movant(s):
Danniel De La Madrid Represented By Chad T Pratt Chad T Pratt Chad T Pratt Chad T Pratt
Plaintiff(s):
Rosendo Gonzalez Represented By Rosendo Gonzalez
Trustee(s):
Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:19-01139 Gonzalez v. De La Madrid et al
Docket 36
1/27/20 - Rosendo Gonzalez, (213) 452-0070, has been approved for telephonic appearance on 1/28/20 @ 2pm
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:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
2:00 PM
Grant in part and deny in part. Grant motion and enter judgment avoiding transfer of real property, business and liquor license, subject to a lien in favor of De La Madrid for consideration paid ($396,175.59). Deny request for judgment on breach of contract claim for $3,824.42 (the remainder of the
$400,000 purchase price). This is the contract that the trustee is avoiding as a fraudulent transfer. The trustee cannot both enforce the contract and avoid it (and were this additional amount paid, it would merely give rise to an additional lien/setoff in the same amount).
With regard to the request to recover the transfers made to Villareal ($100,000) and Perez ($80,000), either deny motion without prejudice or continue the hearing to give plaintiff an opportunity to supplement the record with evidence in support of his claims. The complaint and the motion describe these monies as having been paid by De La Madrid, not by the debtors. How is this a transfer from the debtors?
Perhaps the trustee is trying to say that these are sales proceeds that were paid to third parties rather than to the debtor (perhaps at the direction of the debtor, although this was not established); however, under what theory are these recoverable? The motion says that the $100,000 payment was "apparently" "for the benefit of and/or to pay the debts of Villareal." What does this mean? Assuming that the debtor directed this payment, does the trustee mean that this payment was to satisfy debts that the debtors owed to Villareal? Otherwise, why would the debtors direct money to Villareal? If there was an antecedent debt, there was reasonably equivalent value, so there would be no constructive fraud fraudulent transfer and there has been no showing whatsoever that Villareal was a party to an actual fraud fraudulent transfer. Is this amount recoverable as a preference? The payment was made on or after July 26, 2017. The bankruptcy was filed on October 17, 2017, so this might be recoverable as a preference, but the trustee has not pleaded this theory of recovery, has he? In any event, the motion does not seek a judgment under this theory.
The Court has similar questions with regard to the $80,000 payment to or for the benefit of Perez. Assuming that this payment can qualify as the transfer
2:00 PM
of an interest in property of the debtor, rather than a payment from De La Madrid, what was the payment for? Did the debtors owe money to Perez? If so, this transfer too should be analyzed under a preference theory rather than under a fraudulent transfer theory.
Hearing required.
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Danniel De La Madrid Represented By Chad T Pratt
Llamas Estates, LLC Pro Se
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
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#: 2:19-01139 Gonzalez v. De La Madrid et al
fr. 7-16-19, 10-15-19
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
1/27/20 - Rosendo Gonzalez, (213) 452-0070, has been approved for telephonic appearance on 1/28/20 @ 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:
2:00 PM
Complete 1 day of mediation by:
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:
10/18/19 -- Court approved scheduling order setting December 2, 2019 as last day for defendants to file and serve a motion to set aside default. Court will conduct a continued status conference on January 28, 2020 at 2:00 p.m. and, if the trustee files a motion for default judgment by January 7, 2020, this date will serve as date of hearing on motion for default judgment. (Joint status report will be due, if default have been set aside, on January 14, 2020.)
Tentative Ruling for January 28, 2020:
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.
2:00 PM
Debtor(s):
Jose Antonio Zamora Pro Se
Defendant(s):
Danniel De La Madrid Represented By Chad T Pratt
Llamas Estates, LLC Pro Se
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#: 2:19-01231 Dagawa Trading LLC v. Ashbee
Docket 43
1/21/20 - Ronald Richards, (310)556-1001, has been approved for telephonic appearance on 1/28/20 @ 2pm
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:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
2:00 PM
Grant with leave to amend to give plaintiff one last opportunity to clean up its complaint. Plaintiff's complaint seems to boil down to two theories: (1) that defendant placed orders for goods that he knew the company would not be able to pay for and failed to disclose to plaintiff that the company would not be able to pay for them and (2) the debtor diverted revenue and profits from the company to himself, rendering the company unable to pay for the goods ordered. The first is a fraud theory that could be asserted under either section 523(a)(2)(A) or 523(a)(6). The second theory works, if at all, under section 523(a)(6).
The complaint doesn't attach any invoices and gives inconsistent information as to the time period in question. As plaintiff is asserting that defendant knew the company was insolvent and unable to pay and failed to disclose this to plaintiff, the precise time period that we are talking about is relevant. Further, a failure to disclose information can only constitute fraud when there is a duty to disclose. Grant motion with leave to amend to permit plaintiff one last opportunity to amend its complaint to attach the relevant unpaid invoices, specify the point in time at which plaintiff contends the company was insolvent and unable to pay for goods being ordered and pleads that defendants had a duty to disclose information as to the company's financial condition without being asked for this information.
Further, plaintiff's amended complaint should either omit the allegation that defendant diverted assets of the company to himself, leaving the company insolvent, or plead these facts with more particularity and not as mere conclusions. What did the defendant transfer to himself and when -- any facts and circumstances surrounding these alleged transfers would be helpful.
In paragraphs such as 70 and 71, plaintiff alleges that there were emails and oral representations made by defendant that court assumes plaintiff contends were false. If there are writings, they should be attached. If there were oral representations made, specific dates or much more narrow time frames need to be provided if plaintiff is attempting rely on these representations to support its fraud claim.
2:00 PM
The court should not have to guess which alleged representations the plaintiff is relying on for its fraud claim. The way the complaint is structured -- with everything in the general allegations and only legal conclusions in the claims for relief -- the court cannot determine if various alleged representations are included simply for background or if plaintiff contends that these representations were intentionally false and that plaintiff relied upon them to its detriment. This needs to be cleaned up in the amended complaint. The defendant is entitled to know what he has to disprove in order to defend againt this complaint.
In paragraph 73, plaintiff alleges that the defendant caused the company to pay his personal debts. What debts? When? Paragraph 74 should be omitted. Making payments to a creditor other than plaintiff while the company was insolvent is not fraudulent or wrongful conduct.
NOTE: The alter ego allegations are not useful here. Even if plaintiff were to succeed in establishing vicarious liability for amounts due from the company under an alter ego theory, that wouldn't give rise to nondischargeable liability unless the elements of section 523(a)(2)(A) and/or 523(a)(6) are established. Amended complaint should omit allegations such as paragraph 63 and 64.
The court is not concerned with any liability that the company may have had or any liability that defendant may have under nonbankruptcy law as a co- conspirator or alter ego of the company (and it is not possible for a closely held corporation to conspire with its owner). Defendant will only have nondischargeable liability here if his conduct satisfies the elements of one of the subsections of section 523.
Complaint doesn't plead a claim under section 523(a)(2)(B), but the complaint (in paragraph 36 and elsewhere) does allege the existence of a writing (emails). If plaintiff is alleging that the contents of emails were false and constitutte fraudulent representations on which plaintiff justifiably relied to its detriment, plaintiff should attach a copy of the writing (and any other writings on which plaintiff claims to have relied) to the further amended complaint.
Court notes also that recklessness is an insufficient basis for nondischargeability under either section 523(a)(2)(A) or (a)(6). Under section
2:00 PM
523(a)(2)(A), the fraud needs to have been intentional. Under section 523(a) (6), the wrongful conduct must be knowing and intentional. Defendant must have either intended to cause harm or have known that harm was substantially certain to occur. Recklessness as to whether or not harm results is insufficient. The same is true with regard to allegations that the defendant knew or had reason to know that the company would not be able to pay. The plaintiff needs to be able to plead and prove that the defendant KNEW, not that he had reason to know, that the company would not be able to pay.
Court rejects statute of frauds and statute of limitations arguments. As explained above, plaintiff is proceeding under a fraud theory. Even the willful and malicious injury theory only works if plaintiff can establish intentional fraud as the tortious act. There is no statute of limitations problem with a fraud theory here and one need not commit fraud in writing in order for it to be actionable. Plaintiff is not suing to collect on a guaranty or under a breach of contract theory.
Plaintiff does not have to allege or prove that plaintiff was a creditor of the debtor separate and apart from the wrongful conduct in order to prevail in a 523 action. There is no need for a guaranty or alter ego liability. Plaintiff can allege that defendant fraudulently induced plaintiff to extend credit to someone else under section 523(a)(2)(A). If plaintiff succeeds in proving the elements of this section, the amount of damage that plaintiff suffered as a result of the fraud may be recovered from the party that committed the fraud. This is tort liability, not contractual liability. The same is true with regard to section 523(a)(6). If plaintiff suffered damage as a proximate result of conduct of the debtor that satisfies the willful and malicious requirements of the statute, it doesn't matter that the manner in which damage occurred was through the company's failure to repay the amounts it owed.
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
2:00 PM
Defendant(s):
Richard Laurence Ashbee Represented By Ronald N Richards
Movant(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, 10-1-19, 11-5-19
Docket 1
1/21/20 - Ronald Richards, (310)556-1001, has been approved for telephonic appearance on 1/28/20 @ 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:
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.
11/13/19 -- Court entered order granting motion to dismiss second claim for relief (523(a)(4)) without leave to amend and granting with regard to claims under section 523(a)(2)(A) and 523(a)(6) with leave to amend. Amended complaint must be filed and served by November 26, 2019. Defendant shall file and serve response not later than January 7, 2020.
Tentative Ruling for January 28, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
2:00 PM
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#: 2:19-01246 Bankers Small Business Community Development Corp v. Kirakosyan et al
Docket 24
1/27/20 - Jillian A. Benbow, (714) 285-2683, has been approved for telephonic appearance on 1/28/20 @ 2pm
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:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
2:00 PM
Grant request for judicial notice. Grant motion insofar as it requests declaration that default judgment obtained in state court is nondischargeable under Bankruptcy Code sections 523(a)(2)(B) and 523(a)(6). Deny motion insofar as it requests judgment under sections 523(a)(2)(A) and 523(a)(4).
Debtor(s):
Albert Kirakosyan Represented By Aidan Butler
Defendant(s):
Albert Kirakosyan Pro Se
DOES 1 through 10, inclusive Pro Se
Movant(s):
Bankers Small Business Community Represented By
Jillian A Benbow
Plaintiff(s):
Bankers Small Business Community Represented By
Jillian A Benbow
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01246 Bankers Small Business Community Development Corp v. Kirakosyan et al
fr. 10-1-19, 12-3-19
Docket 1
1/27/20 - Jillian A. Benbow, (714)285-2683, has been approved for telephonic appearance on 1/28/20 @ 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:
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):
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
Docket 20
- 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:
OBJECTION SUSTAINED:
OBJECTION OVERRULED:
2:00 PM
Deny motion for summary judgment. Plaintiff has not provided sufficient support for any viable theory.
According to plaintiff, during the "prefunding call," debtor made a variety of representations; however, these all appear to be oral statements concerning the debtor's financial condition and are therefore not actionable under either Bankruptcy Code section 523(a)(2)(A) or 523(a)(2)(B). (And, in any event, plaintiff has not provided any evidence to support the conclusion that these representations were false.)
Plaintiff also alleges that it relied on false representations contained in the Loan Agreement itself, but where are these representations? The Loan Agreement contains a variety of promises that the debtor appears to have breached, but no representations or warranties that plaintiff has demonstrated were false at the time they were made. (Notably, this is the first loan that the debtor obtained during his prepetition borrowing spree.)
Plaintiff also pleads a claim under section 523(a)(4), but there is no trust res or any fiduciary duty that applies here. This claim has no support whatsoever.
And what is the basis for the claim under section 523(a)(6)? It cannot be fraud based on oral statements concerning the debtor's financial condition, as that would be an end-run around the exclusions from section 523(a)(2)(A).
Hearing required.
Debtor(s):
Albert Kirakosyan Represented By Aidan Butler
Defendant(s):
Albert Kirakosyan Pro Se
2:00 PM
Movant(s):
Strategic Funding Source, Inc. Represented By Brian T Harvey
Plaintiff(s):
Strategic Funding Source, Inc. Represented By Brian T Harvey
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01247 Strategic Funding Source, Inc. v. Kirakosyan
fr. 10-1-19, 12-3-19
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:
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):
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#: 2:19-01486 Hage v. Benzimra et al
Docket 10
1/27/20 - Mark S. Martinez, (714) 442-9741, has been approved for telephonic appearance on 1/28/20 @ 2pm
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:
Grant motion to dismiss without leave to amend as to all claims for relief:
Stay Violation - SPLLC is separate legal entity. SPLLC was the Property owner. Accordingly, the stay didn't apply. Court has already so found in connection with hearing on defendant's motion for relief from stay.
Breach of contract - If there is a claim for breach of contract, prepetition, it belonged to SPLLC (a currently suspended California limited liability company that may not prosecute a claim while suspended), not the debtor. Now that a chapter 7 bankruptcy has been filed, even if the debtor had a claim to assert, he would lack standing as the chapter 7 trustee would be the appropriate party to litigate the claim.
Wrongful foreclosure - In light of the above reasoning, there is no basis on which the debtor has standing to assert that the foreclosure was wrongful.
Violation of CA Civil Code §2923.55 - This section applies to the borrower’s principal residence for a non-commercial loan. Here, SPLLC is the borrower and the subject loan is a business purpose loan. Therefore, this code section is inapplicable.
Quiet title - As debtor is not the owner of the property, even prior to the bankruptcy, he would not be able to prosecute this claim. After the bankruptcy, the chapter 7 trustee would be the appropriate party to prosecute this claim if the debtor had been the owner of the property.
Violation of CFR §1024.41(f) - The application of this section is expressly limited by the coverage and scope limitations as found in CA Civil Code §2923.55 above."
2:00 PM
Accounting - Debtor’s complaint fails to satisfy the requirements for an accounting. Debtor has not alleged that a fiduciary relationship exists between the parties or that the accounts are so complicated that an ordinary legal action demanding a fixed sum in impracticable. And again, debtor is not the real party in interest.
1/27/20 -- Plaintiff filed notice of dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Charles Adib Hage Represented By Brian J Soo-Hoo Mark S Martinez
Defendant(s):
Felix Benzimra Represented By Lewis R Landau
Sarah Amozeg-Tirosh Benzimra Represented By
Lewis R Landau
Platinum Loan Servicing, Inc. Represented By Lewis R Landau
Trust Deed Network Represented By Lewis R Landau
All Persons Known and Unknown Pro Se DOES 1-10, inclusive Pro Se
Movant(s):
Felix Benzimra Represented By Lewis R Landau
Sarah Amozeg-Tirosh Benzimra Represented By
Lewis R Landau
2:00 PM
Platinum Loan Servicing, Inc. Represented By Lewis R Landau
Trust Deed Network Represented By Lewis R Landau
Plaintiff(s):
Charles Adib Hage Represented By Mark S Martinez
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01486 Hage v. Benzimra et al
fr. 1-14-20
Docket 1
1/27/20 - Mark S. Martinez, (714) 442-9741, has been approved for telephonic appearance on 1/28/20 @ 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
2:00 PM
be lodged by:
Lodge Pretrial Order by:
Pretrial Conference set for:
Trial set for:
Scheduling order to be
lodged by:
Off Calendar:
12/16/19 -- Court approved stipulation continuing deadline to respond to complaint to January 7, 2020 and continuing status conference to January 28, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 14, 2020.
Tentative Ruling for January 28, 2020:
Take status conference off calendar due to grant of motion to dismiss.
1/27/20 -- Plaintiff filed notice of dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Charles Adib Hage Represented By Brian J Soo-Hoo Mark S Martinez
Defendant(s):
Felix Benzimra Represented By Lewis R Landau
Sarah Amozeg-Tirosh Benzimra Represented By
2:00 PM
Lewis R Landau
Platinum Loan Servicing, Inc. Represented By Lewis R Landau
Trust Deed Network Represented By Lewis R Landau
All Persons Known and Unknown Pro Se DOES 1-10, inclusive Pro Se
Plaintiff(s):
Charles Adib Hage Represented By Mark S Martinez
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket No: 175
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 No: 146
10:00 AM
Debtor(s):
Matthew Edward Wiltsey Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
Docket No: 40
Debtor(s):
Harold Winfred Dickens III Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket No: 18
10:00 AM
Debtor(s):
Lydia C Gutierrez Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket No: 323
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan
10:00 AM
Docket No: 83
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
Docket No: 1
Debtor(s):
901 Strada, LLC Represented By Bruce D Rudman
10:00 AM
Docket No: 126
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Docket No: 33
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Docket No: 133
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Docket No: 1004
Debtor(s):
Altadena Lincoln Crossing LLC Represented By
Lisa Lenherr Gregory M Salvato
Movant(s):
Jason M Rund (TR) Represented By Timothy J Yoo
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
10:00 AM
Docket No: 1000
10:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By
Lisa Lenherr Gregory M Salvato
Movant(s):
Jason M Rund (TR) Represented By Timothy J Yoo
Trustee(s):
Jason M Rund (TR) Represented By
10:00 AM
Timothy J Yoo
10:00 AM
CATHERINE TRINH 2:18-BK-11475RK
fr. 11-21-19
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
VIN# JTHBA1D29H5039187
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 39
1/29/20 - Austin Nagel, (925)855-8080 x 201, has been approved for telephonic appearance on 2/4/20 @ 10am
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Bradley M. Bronson Represented By
J. Bennett Friedman Michael D Sobkowiak
Movant(s):
Toyota Motor Credit Corporation, as Represented By
Austin P Nagel
Trustee(s):
Rosendo Gonzalez (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, 7-30-19, 9-17-19, 12-17-19
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued 4/30/19 - Second Amended complaint filed.
1/29/20 - Ryan Beall, (714)966-1000, has been approved for telephonic appearance on 2/4/20 @ 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
2:00 PM
for approximately 90 days.
Final Ruling for December 17, 2019:
Parties report that matter settled. Continue status conference to February 4, 2020 at 2 pm. Parties should file joint status report not later than January 21, 2020.
Tentative Ruling for February 4, 2020:
When does trustee anticipate filing 9019 motion? Hearing required.
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
10:00 AM
Docket 14
1/31/20 - Joshua Engle, (714)502-4823, has been approved for telephonic appearance on 2/5/20 @ 10am
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):
Victor Mora Mendoza Represented By Joshua R Engle
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 14
- NONE LISTED -
Debtor never filed prepetition credit counseling certificate. There is no evidence that debtor is eligible to be a debtor in bankruptcy. Dismiss case.
Debtor(s):
Cary A. Jordan Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 12
- NONE LISTED -
Vacate OSC as moot. Case has already been dismissed. Appearances waived. Court will prepare order.
Debtor(s):
Clara Peralta Pro Se
Trustee(s):
Rosendo Gonzalez (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):
Debra Ann Leal Represented By Joel M Feinstein
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 179
- NONE LISTED -
Grant motion. Enter order authorizing financing. Appearances waived. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Ida Mae Woods Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 1
- NONE LISTED -
If debtor has no income, how does debtor intend to make the debt service payments on any financing that it may obtain? Do owners intend to make sufficient capital contributions to fund the debt service payments?
Set deadline for serving notice of bar date and bar date. Continue case status conference approximately 90 days.
Debtor(s):
2034 Sunset Plaza Drive LLC Represented By Matthew Abbasi
11:00 AM
fr. 2-15-17, 8-30-17, 2-28-18, 6-13-18, 12-12-18, 4-17-19, 8-28-19
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.
Tentative Ruling for February 5, 2020:
Continue case status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report (with accompanying declaration) not later than May 22, 2020. APPEARANCES WAIVED ON FEBRUARY 5, 2020.
Debtor(s):
Hansen Freightlines Incorporated Represented By
David L. Neale Krikor J Meshefejian
11:00 AM
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, 8-7-19
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.
Tentative Ruling for February 5, 2020:
Court has reviewed Liquidating Trustee's status report. Continue case status conference to June 3, 2020 at 11:00 a.m. Liquidating Trustee should file updated status report (with accompanying declaration) not later than May 22, 2020 if final decree has not been entered by then. APPEARANCES WAIVED ON FEBRUARY 5, 2020.
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
Docket 24
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Derrick Wayne Bromley Represented By
Raj T Wadhwani
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 10
- NONE LISTED -
Grant motion to dismiss. Deny alternate request for relief as moot. Once figures on debtor's means test have been corrected, debtor will have
$1,504.04 in monthly disposable income which would be more than enough to pay creditors in full over the life of a plan. Dismiss case under section 707(b)(2) for presumed abuse that has not been rebutted.
Debtor(s):
Kevin V. Urbayan Represented By Keith Q Nguyen
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 19
- NONE LISTED -
Grant motion to dismiss. Deny alternate request for relief as moot. Once figures on debtor's means test have been corrected, debtor will have $588.54 in monthly disposable income which would be more than enough to pay creditors in full over the life of a plan. Dismiss case under section 707(b)(2) for presumed abuse that has not been rebutted.
Debtor(s):
Lashetta Ridgeway Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: PACCAR FINANCIAL CORP.
Docket 9
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Michael R Hall Represented By Stephen S Smyth
Joint Debtor(s):
La Vada Rhodes-Hall Represented By Stephen S Smyth
Movant(s):
PACCAR Financial Corp. Represented By Raymond A Policar
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
fr. 1-9-20
Docket 13
- NONE LISTED -
Tentative Ruling for January 9, 2020:
Grant motion. Require attorney to disgorge all amounts he received for filing bankruptcy case on behalf of debtor who was barred from filing bankruptcy in district without taking appropriate steps to have the bar lifted.
Final Ruling for January 9, 2020:
Attorney has agreed to relief sought and sent copy of check drawn to debtor. If he files a declaration to this effect by January 31, 2020, there will be no need for a continued hearing. In interim, continue hearing to February 11, 2020 at 10:00 a.m. as a holding date.
Tentative Ruling for February 11, 2020:
Declaration has been filed. Take hearing off calendar. Motion now moot.
Debtor(s):
Ismael Marquez Represented By Randy Alexander
10:00 AM
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
fr. 10-2-19, 11-13-19
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:
10:30 AM
Judges' copy should not be two-sided. There are sufficient issues of fact that 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.
Final Ruling for November 13, 2019:
Continue hearing to February 11, 2020 at 10:30 as a status conference. (No new papers.)
Tentative Ruling for February 11, 2020:
Have the parties completed any required discovery? Should the court schedule an evidentiary hearing?
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
10:30 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:
10:30 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.
Final Ruling for November 13, 2019:
Continue case status conference to February 11, 2020 at 10:30. Debtor should file updated status report by January 31, 2020.
Tentative Ruling for February 11, 2020:
Continue case status conference to March 4, 2020 at 2:00 p.m. to coincide with date of hearing on disclosure statement. Debtor need not file updated status report in connection with that status conference.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
2:00 PM
fr. 11-6-19
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.
HEARING CONTINUED TO MARCH 10, 2020 AT 2:00 P.M. Off calendar for
February 11, 2020.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
fr. 8-27-19, 11-19-19, 12-17-19
Docket 1
- NONE LISTED -
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.
12/16/19 -- Court approved stipulation continuing hearing to February 11,
2:00 PM
2020 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 17, 2019.
Tentative Ruling for February 11, 2020:
Set discovery cutoff for late July, 2020. Set final status conference for shortly before discovery cutoff.
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
2:00 PM
Adv#: 2:19-01184 DYE v. de Gallegos et al
Christian de Gallegos
fr. 8-27-19, 11-19-19, 12-17-19
Docket 1
2/6/20 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 2/11/20 @ 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,
2:00 PM
2020 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 17, 2019.
Tentative Ruling for February 11, 2020:
Set discovery cutoff for early June, 2020. Set final status conference for shortly before discovery cutoff.
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#: 2:17-01522 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, 11-19-19, 1-14-20
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
1/8/20 -- Court approved stipulation setting following continued dates:
Cont'd pretrial conference -- February 11, 2020 at 2
L/D for Bitetti to take Bren's deposition -- February 10, 2020 L/D to file pretrial motions -- February 10, 2020
OFF CALENDAR FOR JANUARY 14, 2020. PARTIES SHOULD LODGE JOINT PRETRIAL ORDER TWO WEEKS PRIOR TO CONTINUED PRETRIAL CONFERENCE.
1/23/20 -- Court approved stipulation continuing pretrial conference to March 10, 2020 at 2:00 p.m., extending discovery cutoff to March 9, 2020 for limited purposes, extending deadline for filing pretrial motions to March 9, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR FEBRUARY 11, 2020.
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#: 2:19-01439 Wolkowitz v. Emerson
FR. 12-10-19
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.
12/23/19 -- Court approved stipulation continuing defendant's deadline to respond to complaint to January 15, 2020.
OFF CALENDAR. ACTION DISMISSED.
Debtor(s):
Golden Vista Construction Inc Represented By Jason Wallach
Defendant(s):
Michael E. Emerson Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By
2:00 PM
Trustee(s):
Carmela Pagay
Edward M Wolkowitz (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:19-01036 Garcia v. Carroll
fr. 4-9-19, 8-13-19, 11-12-19
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.
11/18/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- February 11, 2019 at 2 Extended discovery cutoff -- December 31, 2019
L/D to lodge order appointing mediators -- November 29, 2019 L/D to complete mediation -- February 11, 2019
12/19/19 -- Court approved order appointing mediators. 1/29/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- April 28, 2020 Cont'd status conference -- April 28, 2020 at 2:00 p.m. L/D to file joint status report -- April 14, 2020
OFF CALENDAR FOR FEBRUARY 11, 2020.
Debtor(s):
John Carroll Represented By
Allan D Sarver
Defendant(s):
John Carroll Represented By
2:00 PM
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#: 2:19-01131 Howard M. Ehrenberg, Chapter 7 Trustee of the Bank v. Chul Joo Lee et al
fr. 7-2-19, 11-5-19
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.
1/28/20 -- Court approved order dismissing entire action. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
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
Adv#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez
Docket 36
- NONE LISTED -
Court agrees that defendant was properly served in that service by mail back in July of 2019 constitutes sufficient service. Defendant has known about this action for months, but has yet to file a response to the complaint. Nothing contained in the motion provides a basis upon which to set aside a default; however, the plaintiffs have not taken the defendants' default. If defendant wants to answer the complaint, he should file an answer to the complaint ASAP. Enter order denying motion, but directing plaintiff to wait at least a week before taking defendant's default.
Debtor(s):
David Gomez Represented By
Raj T Wadhwani
Defendant(s):
David Gomez Pro Se
Plaintiff(s):
PEOPLE OF THE STATE OF Represented By 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 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#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez
Gomez
fr. 9-17-19, 11-5-19
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.
11/6/19 -- Court entered scheduling order setting status conference for February 11, 2020 at 2:00 p.m. and setting deadline of January 21, 2020 for defendant to file motion to set aside default.
2:00 PM
Tentative Ruling for February 11, 2020:
Continue status conference for approximately 90 days. If defendant fails to file response to complaint within time limit set forth in response to motion on calendar as number 207, plaintiffs should take defendant's default, serve and file a motion for default judgment and set it for hearing at same date and time as continued status conference.
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
2:00 PM
Trustee(s):
Elizabeth Medrano Peter W. Saltzman Justin T. Curley
D. Ward Kallstrom
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01494 National Union Fire Insurance Company of Pittsburg v. Lopez
Docket 33
2/6/20 - Jacob Stettin, (323)702-3768, has been approved for telephonic appearance on 2/11/20 @ 2pm
It is unclear whether this action even needed to be brought. Plaintiff has already obtained a judgment from this Court declaring the underlying state court judgment to be nondischargeable. That judgment stands. If plaintiff so desires, enter a new default judgment again declaring amounts due under the state court judgment to be nondischargeable. (Court might have concluded that a different subsection of 523 would be more appropriate, but that is no longer at issue here, as the matter has already been fully adjudicated.)
Debtor(s):
Ramiro Lopez Represented By Daniel King
Defendant(s):
Ramiro Lopez Pro Se
Plaintiff(s):
National Union Fire Insurance Represented By Jacob J Stettin
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:19-01494 National Union Fire Insurance Company of Pittsburg v. Lopez
fr. 1-28-20
Docket 1
1/6/20 - Default entered against Ramiro Lopez.
Take status conference off calendar due to grant of default judgment.
Debtor(s):
Ramiro Lopez Represented By Daniel King
Defendant(s):
Ramiro Lopez Pro Se
Plaintiff(s):
National Union Fire Insurance Represented By Jacob J Stettin
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Directing Turnover Of All Host Data To Plaintiffs Expert, Bruce Anderson;
For The Following Related Relief:
Striking Certain Intervenor Search Terms And Barring Any Objection By Those Intervenors To The Turnover Of Hosted Data
Finding That Robert Leppo Waived Any Objection To Disclosure Of Documents Or Communications Re His Financial Transactions With Baker/OMSJ
Finding That Baker, By His Misconduct, Has Waived Any Objection To The Turnover Of Hosted Data &/Or To Bruce Anderson
Any Other Related Relief
Docket 632
- NONE LISTED -
Court agrees that the data and documents that movant seeks to obtain from the hosts are different from the universe of data turned over to Mr. Broom. As movant has explained, there were many deleted and encrypted files that Mr.
Broom was unable to access. Baker has testified that he used various services to backup data. The hosts may well have backups of data that were deleted or encrypted and therefore not provided to Mr. Broom.
Court will not impose sanctions on movant for bringing this motion under any of the theories advanced by the opponents. As the court has explained on numerous occasions, this is a challenging situation and, in many ways,
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uncharted territory. Court does not fault movant for attempting through various mechanisms to obtain data that Baker should have provided but did not. Baker created this situation, not the plaintiff.
Court agrees with intervenors that, if plaintiff would like the hosts to actually turn information over to anyone (rather than merely to preserve it and prevent Baker from further spoilating it), he will need to serve subpoenas upon them. The Secure Communications Act does not pose an obstacle here in that the Court deems Baker to have given lawful consent to the release of this information to plaintiff. Baker has been ordered to consent and has provided consents. Further, the court will provide the required consent if Baker repudiates any consents actually given or fails to give any required consent. Nevertheless, once subpoenas are served, if the hosts would like to litigate the applicability of the Secure Communications Act, they may do so.
Intervenor and other third parties should limit themselves to issues relating to the privileges they would like to assert with regard to the data in question and not to litigating other issues that are more appropriately raised by other parties.
Court is not troubled by the plaintiff's attempt to devise a different approach to obtaining data than previously outlined by the court. As the parties are well aware, the approach previously devised by the Court proved to be exceedingly expensive and Baker purports to be unable to bear the cost of this exercise, with the result that plaintiff cannot utilize these procedures to obtain the information that he requires.
Court is not persuaded by movant's arguments that all privileges have been waived by parties other than Baker. Court does not find the deposition testimony provided by plaintiff to be particularly persuasive on this issue (and much of the information contained in the Murtagh declaration is not admissible as it is lacking in foundation and suffers either from hearsay and/or best evidence rule problems).
On the issue of third party privileges, and how to segregate privileged materials in a cost-effective manner, which will once again become relevant if and when the plaintiff serves subpoenas on the hosts, the court will adopt the following approach. The subpoenas should direct the hosts to deliver all
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requested information, other than emails, to Mr. Anderson. It appears from the oppositions that the majority of the third parties' concerns relate to communications via email. However, in case there are other materials that may be protected by the work product rule, the court will enter an order providing protection against inadvertent waiver of attorney/client privilege or work product rules. (NOTE: Murtagh claims that a stipulated protective order entered in the parties' state court litigation still applies and should suffice to provide the necessary protections, but Murtagh did not provide a copy of that protective order for the court's reference. Therefore, court cannot determine the extent to which provisions of this order would be helpful.)
With regard to emails, the subpoenas should direct the hosts to turnover all emails to counsel for Baker. She will then have a period of 60 days from her receipt of the data to review the emails turned over and cull out those that she contends are protected by the attorney/client privilege or work product rule.
In doing this review, Ms. Ponce should keep in mind that Baker has waived his attorney/client privilege and the work product rule with regard to communications between himself and Baruch Cohen and that she should not assert a privilege with regard to any emails from or to any email account that Baker has denied in a declaration filed with this court is one of his email accounts. In conducting her review, Ms. Ponce may if necessary consult with the intervenors or an independent expert, but she shall not relinquish possession of the data, permit Baker to access any of it or take any steps that might enable a third party to delete or spoilate any of the data.
At the earlier of the completion of her review and 60 days from her receipt of the data, Ms. Ponce shall turnover any emails that are not protected by third party privilege to counsel for plaintiff and provide plaintiff with a privilege log that identifies any emails withheld from the turnover on privilege ground, which log should break out the different bases for withholding any such emails. If plaintiff consents, she may refrain from turning over to plaintiff's counsel (or turnover in a separate batch) emails that are entirely unrelated to the subject matter of this adversary proceeding. Order should provide protection against inadvertent waivers resulting from Ms. Ponce's delivery of data to plaintiff's counsel.
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Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - 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 Derek Linke
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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, 10-22-19
Docket 1
- NONE LISTED -
Plaintiff seeks judgment barring defendant's discharge under Bankruptcy Code sections 727(a)(2) (transfers with intent to hinder, delay or default within the year prior to bankruptcy), 727(a)(3) (failure to maintain records from which his financial condition may be ascertained, 727(a)(4) (making false oaths knowingly and fraudulently); and 727(a)(5) (failure to explain the loss of assets to satisfy his liabilities).
Plaintiff's claims are based on defendant's alleged or admitted
Understating his income for year prior to bankruptcy;
Failing to disclose that he still held title to Nissan 350Z as of petition date;
Failing to disclose transfers to father within the year prior to bankruptcy and failure to disclose any remaining obligation due his father (Note: If these were not loan repayments, they were gifts and need to be disclosed so they can be scrutinized to determine if they are fraudulent transfers. Transfers were not disclosed at all.)
Failing to list collectibles as assets (rather than including them as household goods);
Failing to disclose existence of website -- Arthooligan.com; and
Understating value, or misdescribing condition of, 1955 Ford truck.
With regard to Ford truck, valuation and condition are in dispute. With regard to the remainder of the issues, the dispute is whether these inaccuracies were knowing and fraudulent.
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Rulings on Evidentiary Objections:
Defendant's Objections to Cunjak Declaration:
Overrule. Statement by a party opponent is not hearsay. FRE 801(d)(2).
Overrule. Court understands this opening statement as an argument or a proposition that plaintiff attempts to prove with later evidence. Court will not accept this statement itself as evidence for the proposition asserted.
Overrule as to authentication foundation for documents and hearsay under FRE 803(8). Sustain as to balance under best evidence rule.
Overrule.
Overrule as to all but last sentence quoted (statement by party opponent). Sustain as to last sentence for lack of foundation.
Overrule as to authentication for Exhibit G. Sustain as to balance.
Overrule.
Sustain as to phrase, "which is fraudulent." Overrule as to balance.
Overrule (statement of party opponent).
Overrule.
Defendant's Objections to Cohen Declaration:
Overrule. Facts are not in dispute.
Sustain.
Overrule.
Overrule.
Plaintiff's Objections to Defendant Joseph Garcia Declaration:
Sustain for lack of foundation. (No information provided as to who sent letter or how defendant knows facts to which he testifies.)
Sustain -- not on defendant's exhibit list.
Overrule. Although not on defendant's exhibit list, defendant expressly states that document was given to plaintiff during discovery. Plaintiff will not be prejudiced by inclusion of this document.
Sustain -- not on defendant's exhibit list.
No objection asserted. No ruling necessary.
Sustain -- not on defendant's exhibit list.
Sustain -- not on defendant's exhibit list.
(Isn't this objection redundant? Didn't plaintiff seek to have the same
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exhibit excluded in objection no. 3?) Overrule for reasons set forth above.
Plaintiff's Objections to Dilella Declaration:
Sustain.
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
11:00 AM
MOVANT: INTERIM CAPITAL, 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.
Debtor(s):
Douglas Min Pro Se
Movant(s):
Interim Capital LLC Represented By Dennette A Mulvaney
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
MOVANT: KC 2011 HOLLYWOOD & VINE LP
Docket 8
1/27/20 - Amended Motion Filed.
Grant without waiver of Rule 4001(a)(3) but with annulment.
Debtor(s):
Henry Madriroosnejad Pro Se
Movant(s):
KC 2011 Hollywood & Vine LP Represented By
Agop G Arakelian
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
VIN# 1HGC V1F9 2JA0 47828 MOVANT: HONDA LEASE TRUST
Docket 14
- NONE LISTED -
Grant without waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Trevon B Card Represented By Christie Cronenweth
Joint Debtor(s):
Taeler X Card Represented By Christie Cronenweth
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 21
NONE LISTED -
Debtor has now paid all installments. Vacate OSC. Court will prepare order. No appearance required.
Debtor(s):
Karen Anissa Thomas Ray Pro Se
Joint Debtor(s):
Johnny Carl Ray Jr Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Authorizing the Trustee to Sell the Estate's Right, Title, and Interest in that certain Real Property located at 281 Sundance Court, Azusa, California 91702 (the "Property")
Approving the Overbid Procedure set forth in this Motion
Approving the Payment of the Real Estate Broker's Commissions
Finding that the Prchasers are Good Faith Purchasers
Waiving the Stay under Rule 6004(h) of the Federal Rules of Bankruptcy Procedure re: Property located at:: 281 Sundance Court, Azusa, CA 91702
Docket 44
NONE LISTED -
Grant motion. Approve sale to highest bidder.
Debtor(s):
Debra C Polakowski Represented By Debora M Zumwalt
Movant(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
Trustee(s):
Heide Kurtz (TR) Represented By
11:00 AM
Timothy J Yoo Carmela Pagay
11:00 AM
Docket 66
NONE LISTED -
This is essentially an action to recover money and should therefore be brought as an adversary proceeding pursuant to FRBP 7001(a). Respondent cannot be served via email without consent. Service should be by first class mail and needs to be on the party, not merely on his counsel.
(NOTE: If the proceeds in escrow relate to the family residence in which the Court has already determined that debtor and her bankruptcy estate have no interest, no action as against that property is likely to be a violation of the automatic stay.)
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
Docket 40
2/11/20 - Jenelle Arnold, (714)285-2666, has been approved for telephonic appearance on 2/19/20 @ 11am
There does not need to be a deduction from the value for recalls. A dealer will perform any required repair work without charging the consumer. The declaration states that the Edmunds valuation is $768. This appears to be a typographical error. The valuation debtor asserts now is inconsistent with the values she has previously assigned to the vehicle.
Continue hearing to give lienholder an opportunity to examine and obtain an appraisal of the vehicle.
Debtor(s):
Eugena Renee Lawler Pro Se
Movant(s):
Eugena Renee Lawler Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Approving Debtors' Disclosure Statement Describing Debtors Plan Dated January 8, 2020
Setting Plan Confirmation Dates And Deadlines
Docket 166
NONE LISTED -
2/11/20 -- Court approved stipulation continuing hearing to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 19, 2020.
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
2:00 PM
Docket 165
NONE LISTED -
2/11/20 -- Court approved stipulation continuing hearing to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 19, 2020.
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 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.
11/13/19 -- Court approved scheduling order with following dates:
New deadline for debtor to file plan and disclosure statement -- January 8, 2020
Hearing on disclosure statement -- February 19, 2020 at 2 Cont'd status conference -- February 19, 2020 at 2
2/11/20 -- Court approved stipulation continuing hearing to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 19, 2020.
Debtor(s):
Herbert W. Gains Represented By Martin J Brill Todd M Arnold
Joint Debtor(s):
Beth A. Gains Represented By
2:00 PM
Martin J Brill Todd M Arnold
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,
12-19-19
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: HSBC CANK USA, NA
Docket 225
NONE LISTED -
Deny request for relief under section 362(d)(1) due to existence of sizeable equity cushion, but grant motion under section 362(d)(2) (without waiver of Rule 4001(a)(3)) as debtor lacks equity in the property.
Debtor(s):
Lisa Frances Platt Represented By Craig G Margulies
Movant(s):
HSBC Bank USA, National Represented By Gilbert R Yabes
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
MOVANT: BCMB1 TRUST
Docket 36
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):
Annette Victoria Torres Pro Se
Movant(s):
BCMB1 TRUST, As Owner, Represented By
Lemuel Bryant Jaquez
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
10:00 AM
MOVANT: SOUTH BAY PROPERTY MANAGEMENT, INC.
Docket 13
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Movant(s):
South Bay Property Management Represented By
Joseph Cruz
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: IPFS CORPORATION
Docket 9
2/7/20 - Brian Paino, (949)381-5933, has been approved for telephonic appearance on 2/25/20 @ 10am
Grant with waiver of Rule 4001(a)(3) and annulment.
Debtor(s):
EF5 ACQUISITIONS GROUP, LLC Represented By
Brett A Axelrod
Movant(s):
IPFS Corporation Represented By Brian A Paino
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
VIN #: JN1FV7EK4JM530516 MOVANT: NISSAN INFINITI LT
Docket 9
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Jason Citro Represented By
Paul Y Lee
Movant(s):
NISSAN-INFINITI LT. Represented By
Michael D Vanlochem
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
VIN# 1HGC R3F9 4HA0 10497 .
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 8
2/19/20 - Vincent Froujian, (818)859-7511, has been approved for telephonic appearance on 2/25/20 @ 10am
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Robert John Alvarez Represented By David Lozano
Joint Debtor(s):
Laurene Eliabeth Alvarez Represented By David Lozano
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: DUNLAP FALLS PARTNERS, LLC.
Docket 29
2/21/20 - Gary Smith, (602)888-9969, has been approved for telephonic appearance on 2/25/20 @ 10am
Grant without waiver of Rule 4001(a)(3) to the extent necessary to permit movant to litigate to a final judgment, including any appeals and post-trial motions. Enforcement will remain stayed.
Debtor(s):
Orion Solar Racking, Inc. Represented By Stephen L Burton
Movant(s):
Dunlap Falls Partners, LLC Represented By Andrew Goodman
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, 11-5-19,11-19-19,
1-28-20
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
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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:
(Where is status report that should have been filed October 2, 2018?)
2:00 PM
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 adjudication. Set deadline for the filing of these motions and continue status
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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.
Tentative Ruling for January 28, 2020:
Impose sanctions of $250 on counsel for plaintiff for failing to participate in preparation of joint pretrial order. Court cannot use the material provided by defendants as a pretrial order as it is not in the correct format. Continue
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pretrial conference and (again) order parties to lodge a proposed pretrial order two weeks prior to date of continued conference.
Tentative Ruling for February 25, 2020:
Where are the facts (which the parties say are undisputed) that will enable the court to calculate the value of the deeds of trust? The pretrial order sets forth the procedural facts, but none of the underlying facts of this case.
Continue pretrial conference so parties can prepare a pretrial order that is useful.
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 Jason L Weisberg
Lynn Wolcott Represented By Michael A Coletti
2:00 PM
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#: 2:19-01151 Avery v. Quinn Emanuel Urquhart & Sullivan, LLP
fr. 7-30-19, 9-17-19, 12-3-19
Docket 1
10/8/19 - Amended Complaint filed
2/19/20 - Ian Shelton, (512)721-2714, has been approved for telephonic appearance on 2/25/20 @ 2pm
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:
2:00 PM
Continue status conference 90 to 120 days and order parties to complete a day of mediation prior to date of continued status conference.
12/4/19 -- Court denied motion to dismiss and set deadline of December 31, 2019 for defendant to file response to complaint.
Tentative Ruling for February 25, 2020:
Any extension of the deadline to respond to the amended complaint should be in a stipulation filed with the court. Have the parties reached a settlement? If not, order the parties to complete a day of mediation prior to date of a continued status conference.
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#: 2:18-01430 Leslie (TR) v. Alaberdyan
fr. 2-12-19, 2-26-19, 6-4-19, 8-13-19, 10-15-19, 1-28-20
Docket 1
2/19/20 - Brandon Iskander, (949)340-3400, has been approved for telephonic appearance on 2/25/20 @ 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.
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.
2:00 PM
5/3/19 -- Court approved stipulation continuing hearing to August 13, 2019 at 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.
1/13/20 -- Court approved stipulation continuing deadline for completion of mediation to February 3, 2020 and continuing status conference to February 25, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 29, 2020.
Tentative Ruling for February 25, 2020:
Parties state in status report that, due to divergent views on the law and the facts, settlement negotiations have stalled. Discuss with parties whether there are any legal issues that can be resolved on stipulated facts with a motion for partial summary adjudication? If not, set deadline for completion of discovery and continued status conference.
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
2:00 PM
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Adv#: 2:19-01056 Friedman v. Navient Private Loan Trust et al
fr. 4-30-19, 7-30-19, 11-5-19
Docket 1
NONE LISTED -
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.
2/11/20 -- Court approved stipulation dismissing Navient Solutions. Tentative Ruling for February 25, 2020:
Court approved stipulation dismissing Navient, but there are other defendants, no? Where is the status report that should have been filed by the remaining parties? Hearing required.
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
2:00 PM
Trustee(s):
Wesley H Avery (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, 11-5-19
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.
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.
11/6/19 -- Court issued scheduling order extending deadline for mediation to February 25, 2020, directing parties to lodge pretrial order not later than February 11, 2020 and continuing pretrial conference to February 25, 2020 at 2:00 p.m. Court imposed sanctions of $150 on counsel for parties.
12/17/19 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Jeffrey Donohue Represented By
2:00 PM
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Plaintiff(s):
NATIONAL FUNIDNG, INC., a Represented By
Jennifer Eileen Duty James D. Hornbuckle
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01518 Goodrich v. Fernandez
Docket 1
NONE LISTED -
At parties' request (in status report), continue status conference to May 12, 2020 at 2:00 p.m. Parties should file updated status report not later than April 28, 2020. APPEARANCES WAIVED ON FEBRUARY 25, 2020.
Debtor(s):
Raymond A Fernandez Represented By Christie Cronenweth
Defendant(s):
Imelda Merton Fernandez Represented By Shai S Oved
Plaintiff(s):
David M Goodrich Represented By
Alastair M Gesmundo
Trustee(s):
David M Goodrich (TR) Represented By Richard H Golubow
2:00 PM
Adv#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor
fr. 1-14-20
Docket 1
NONE LISTED -
Tentative Ruling for January 14, 2020:
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 January 14, 2020:
Continue status conference to February 25, 2020 at 2:00 p.m. Plaintiff should file and serve motion for default judgment not later than February 4, 2020 and set it for hearing on February 25, 2020 at 2:00 p.m.
Tentative Ruling for February 25, 2020:
Where is the default judgment motion that should have been filed by February 4?
Debtor(s):
Stephanie Monique Victor Represented By
D Justin Harelik
Defendant(s):
Stephanie Monique Victor Pro Se
2:00 PM
Plaintiff(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
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, 12-10-19
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.
1/14/20 -- 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 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#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al
Docket 43
NONE LISTED -
Deny motion insofar as it argues that the complaint is time-barred. Court is satisfied that trustee has adequately pleaded sufficient facts to support his contention that the doctrine of equitable tolling should apply to the 546 deadline for commencing the action.
With regard to the balance of the motion, for the reasons discussed below, grant the motion without leave to amend insofar as it challenges any of the trustee's constructive fraud theories for avoiding transfers other than the reduction of the principal amount of the Totalis note from $5M to $2.5M. Deny balance of relief sought by the motion.
The operative facts as alleged by the trustee are as follows:
Sanhi advanced more than $17M to the debtor under a $20M line of credit. Court was unable to locate any portion of the complaint that challenged the validity of this loan or alleged that it was a disguised capital contribution.
Debtor transferred $5M in inventory to Totalis, and Totalis executed a $5M promissory note in favor of the debtor for the purchase price.
For reasons that remain unclear (defendants argue that only $2.5M of inventory was actually transferred), on or about December 31, 2013, Totalis and the Debtor agreed to reduce the principal balance on the Totalis note to
$2.5M.
2:00 PM
Within the year prior to the bankruptcy, the debtor granted security interests to Sanhi to secure the amounts due him under its line of credit (or the security interests were perfected within the year prior to bankruptcy, which, for the purpose of section 547, is the same thing). There was also an amendment to the UCC-1 within the year prior to bankruptcy.
Sanhi owns 100 percent of the debtor and 100 percent of Totalis.
Debtor claims that, in 2015, the debtor paid off $2.3 million of the amounts it owed Sanhi by reducing the balance due under the Totalis note by an equivalent amount. (Trustee claims that the debtor's books and records show a smaller credit entry on November 25, 2015 -- $1,850,000 -- and a cash payment to the debtor from Totalis of $98,000, leaving a balance due the debtor under the Totalis note of $552,000.)
The transaction described in paragraph 5 doesn't look like a transfer of the Totalis note to Sanhi, but it may nevertheless be characterized as a potentially avoidable transfer to Sanhi and Totalis. The definition of transfer contained in the bankruptcy code is sufficient broad to include the release of an obligation of amounts due under a promissory note, but, inasmuch as the trustee never challenges the underlying $17M obligation to Sanhi and the debtor received a credit against amounts due Sanhi in exchange for this transfer, the transfer was necessarily for reasonably equivalent value. (A transfer made in satisfaction of an antecedent debt is made for value.) Therefore, the trustee cannot seek to avoid this transfer as a constructive fraud fraudulent transfer and any claims for relief under either state or federal law premised on constructive fraud fraudulent transfer theories should be eliminated from the next version of the complaint.
The trustee may still attempt to avoid this transaction as an actual fraud fraudulent transfer, but this is rendered more difficult because reasonably equivalent value was given. The complaint alleges that the transfer was to an insider, that it was concealed and that the debtor was insolvent at the time, but are there other badges that can be pleaded? Were there other events going on in November of 2015 that might be added to fill out the picture?
2:00 PM
Other viable claims appear to be preference claims to avoid the liens granted to Sanhi within the year prior to bankruptcy; a preference claim based on the payment made to Sanhi by reducing the balance due on the Totalis note; and constructive and actual fraud claims based on the original reduction of the principal amount of the Totalis note from $5M to $2.5.
Set new deadline for trustee to file cleaned up complaint and deadline for defendants to file answer to second amended complaint.
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
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 Zev Shechtman
2:00 PM
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
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, 12-10-19
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 February 25, 2020:
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 Zev Shechtman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
2:00 PM
Adv#: 2:18-01224 Time Warner Cable Pacific West LLC v. Figueroa et al
Docket 27
NONE LISTED -
Deny motion. There is nothing new here. It does not appear that plaintiff was ever served with this motion. The only proof of service attached is one that bears the date of the last motion defendants filed back in November. There is no proof of service showing that anything was served on or about January 28, 2020, which is when this motion was filed.
And substantively, there is nothing new here. Perhaps the defendants are confused as to the reason that the first motion was denied. The proof of service shows that the defendants WERE served at the accurate address. They were ALSO served at the incorrect address, but the attachment to the proof of service shows that the plaintiff made sure to serve the defendants at the accurate address. Therefore a motion claiming that they were served at the wrong address is going nowhere. The defendants cannot simply keep refiling the same motion and expect a different result.
Deny the motion with prejudice (which means that the court will simply ignore any new motions filed seeking the same relief). As the court explained at the last hearing, if the defendants do not like this result, they should appeal this court's order to the bankruptcy appellate panel (or the district court, if defendants prefer).
Debtor(s):
Joel De Jesus Figueroa Represented By Daniel A DeSoto
2:00 PM
Defendant(s):
Joel De Jesus Figueroa Pro Se
Ana Figueroa Pro Se
Joint Debtor(s):
Ana Miriam Figueroa Represented By Daniel A DeSoto
Movant(s):
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#: 2:19-01417 Gonzalez v. Choi et al
fr. 1-14-20
Docket 14
NONE LISTED -
Tentative Ruling for January 14, 2020:
The complaint and the motion describe the transfers as "loan distributions." This is not a term of art. What were the transfers for? Were they loans extended to the defendants? Were they repayments to the defendants of monies lent to the defendants by the defendants? How does the trustee know what the payments were for? Are there books and records that show these as accounts receivable from the defendants?
A number of the transfers are checks made out to cash. How does the trustee know that these were transfers to the defendants? What does the back of each check show?
Final Ruling for January 14, 2020:
Continue hearing to February 25, 2020 at 2:00 p.m. Plaintiff should file and serve supplemental declaration(s) not later than February 4, 2020 and serve and file a notice of continuance of the status conference.
Tentative Ruling for February 25, 2020:
Grant motion. Enter judgment for plaintiff for $69,000 against the defendants for amounts loaned to defendants that have not been repaid to company.
2:00 PM
Hearing required.
Debtor(s):
CSJN, Inc. Represented By
Young K Chang
Defendant(s):
Sang Ho Choi Pro Se
Jung Ah Lee Pro Se
Movant(s):
Rosendo Gonzalez Represented By Frank X Ruggier
Plaintiff(s):
Rosendo Gonzalez Represented By Frank X Ruggier
Trustee(s):
Rosendo Gonzalez (TR) Represented By Larry D Simons
2:00 PM
Adv#: 2:19-01417 Gonzalez v. Choi et al
fr. 11-19-19, 1-14-20
Docket 1
10/30/2019 - Request for entry of default against defendant(s) Sang Ho Choi & Defendant(s) Jung Ah Lee
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):
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
2:00 PM
Trustee(s):
Rosendo Gonzalez (TR) Represented By Larry D Simons
2:00 PM
Adv#: 2:19-01487 YOO v. Lennon et al
Docket 7
NONE LISTED -
2/21/20 -- Court approved stipulation continuing hearing to April 28, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 25, 2020.
Debtor(s):
Lennon and Wolfe, Inc. Represented By Steven L Bryson
Defendant(s):
Amanda Lennon Pro Se
Christopher Lennon Pro Se
Plaintiff(s):
TIMOTHY J YOO Represented By Robyn B Sokol
Trustee(s):
Timothy Yoo (TR) Represented By Steven T Gubner Robyn B Sokol
2:00 PM
Adv#: 2:19-01487 YOO v. Lennon et al
fr. 1-14-20
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.
2/21/20 -- Court approved stipulation continuing hearing to April 28, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 25, 2020.
Debtor(s):
Lennon and Wolfe, Inc. Represented By Steven L Bryson
Defendant(s):
Amanda Lennon Pro Se
Christopher Lennon Pro Se
Plaintiff(s):
TIMOTHY J YOO Represented By Robyn B Sokol
Trustee(s):
Timothy Yoo (TR) Represented By
2:00 PM
Steven T Gubner Robyn B Sokol
2:00 PM
Adv#: 2:19-01281 Elissa D. Miller, Chapter 7 Trustee v. Chan
Docket 9
NONE LISTED -
OFF CALENDAR. ACTION ALREADY DISMISSED.
Debtor(s):
Vitra Optika, LLC Represented By Michael E Plotkin
Defendant(s):
Sammy Casanova Chan Represented By
Andrew Edward Smyth
Plaintiff(s):
Elissa D. Miller, Chapter 7 Trustee Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:19-01281 Elissa D. Miller, Chapter 7 Trustee v. Chan
fr. 11-5-19, 1-28-20
Docket 1
NONE LISTED -
Set date for pretrial conference. Order parties to complete a day of mediation prior to date of pretrial conference.
1/17/20 -- Court approved compromise pursuant to which trustee will receive lump sum payment within 10 days after entry of order.
Tentative Ruling for January 28, 2020:
Has trustee received settlement payment? Hearing required.
2/11/20 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Vitra Optika, LLC Represented By Michael E Plotkin
Defendant(s):
Sammy Casanova Chan Represented By
Andrew Edward Smyth
2:00 PM
Plaintiff(s):
Elissa D. Miller, Chapter 7 Trustee Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 11
NONE LISTED -
Vacate OSC. Debtor has now filed missing document. OFF CALENDAR. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Thu Hang Thi Hoang Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 9
NONE LISTED -
Vacate OSC. Debtor has now filed missing document. OFF CALENDAR. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Betty Jean Hancock Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
[Presumption of Undue Hardship]
Docket 13
NONE LISTED -
OFF CALENDAR. Although the "presumption of hardship" box was checked, it does not appear that there is a presumption of hardship (income exceeds expenses) and attorney has signed. Court approval is not required.
Debtor(s):
Ricardo Isidro Flores Represented By Marc A Goldbach
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
[Presumption of Undue Hardship]
Docket 7
2/12/20 - Voluntary dismissal of reaffirmation agreement filed.
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):
Jaime J Andrachick Represented By Jaenam J Coe
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 14
NONE LISTED -
Grant motion. Dismiss case unless debtor would prefer to convert to chapter 13.
Debtor(s):
Trixie Ann Peyer Pro Se
Movant(s):
Carolyn A Dye (TR) Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
to Approve Compromise with Slinde & Nelson,LLC, Darian A. Stanford and David Luneke
for Finding that Compromise has been entered into in Good Faith for All Purposes
for Authority to Pay Special Counsel's Contingency Fee and Costs
Docket 357
2/6/20 - Cliff Davidson, (503)243-1653, has been approved for telephonic appearance on 2/26/20 @ 10am
[Consider motion to continue hearing first.] Tentative Ruling for February 26, 2020:
Is Sanhi advancing any argument other than the idea that the trustee could do better by going to trial? Does Sanhi claim that his interests personally are adversely affected by the settlement? If so, the court missed this section of his opposition. (Either Sanhi has a right to assert claims for malpractice by way of affirmative defense or counterclaim in his individual capacity in the Oregon collection action or he does not. If he has such a right in his individual capacity, the releases granted by the trustee to which he is not a party should not eliminate this right.)
The attorneys representing the trustee in connection with this litigation are the same attorneys selected by Sanhi himself to represent the debtor in connection with this malpractice litigation. These attorneys support the proposed compromise and share the trustee's view that this proposed compromise is in the best interest of the estate. Trustee has adequately
10:00 AM
explained the basis of his business judgment that the compromise would be in the best interest of the estate and has adequately demonstrated that the four A&C factors weigh in favor of granting this motion.
Overrule objection, grant motion and approve compromise.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
10:00 AM
(1) To Approve Compromise with Slinde & Nelson, LLC, Darian A. Stanford and David Luneke; (2) For Finding that Compromise Has Been Entered into in Good Faith for all Purposes; and (3) For Authority to Pay Special Counsel’s Contingency Fee and Costs
Docket 367
NONE LISTED -
Hearing required. (Court advised that trustee may offer opposition to motion orally at time of hearing.)
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
Ranbir Sahni Pro Se
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
10:00 AM
Docket 92
NONE LISTED -
Court appreciates claimant's candor in explaining the circumstances that led to the failure to file a timely proof of claim in this case, but these circumstances cannot be characterized as "excusable neglect" within the meaning of the relevant caselaw. Claimants attorneys acknowledge having received notice of the bar date and even having calendared that date. The neglect appears to be counsel's failure to understand language printed in capital letters in bold explaining the very thing that counsel claims not to have understood. It is not "excusable neglect" because the attorneys involved are not bankruptcy attorneys and do not practice in this area. It is malpractice to provide services in an area of the law in which you are not competent without taking appropriate steps to educate yourself or associate with someone experienced in the relevant area. Bankruptcy courts set bar dates for a reason -- to have a deadline by which claims must be asserted so that the bankruptcy case may move forward with certainty as to the claims that must be addressed in the case. If the court were to consider the circumstances outlined by the claimant in this case sufficient to justify a late-filing, it is hard to imagine a set of circumstances in which a late filing would not be due to excusable neglect and bar dates would be meaningless.
Grant motion. Disallow proof of claim of Kimberly Hernandez as late-filed.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
Movant(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
Docket 41
2/25/20 - Steven M. Berman, (813)227-2332, has been approved for telephonic appearance on 2/26/20 @ 10am
Grant motion to dismiss. Dismiss case. This is a two-party dispute and not an appropriate candidate for a chapter 11 reorganization. Court rejects argument that it is premature to make this determination. The debtor's list of 20 largest unsecured creditors has no unsecured creditors on it. It lists only one creditor -- the movant, who is a secured creditor. The debtor's schedule E/F lists no unsecured creditors. The debtor owns nothing but title to the land. Even the cash in the bank, according to the debtor, isn't the debtor's. The entire function of this case is to keep equity from losing its equity in the property through foreclosure. Debtor hopes to use the automatic stay to enable it to raise the money necessary to build a luxury single family residence on the home and therefore generate significant profit for equity.
This case is not about generating funds to pay creditors.
Debtor(s):
2034 Sunset Plaza Drive LLC Represented By Matthew Abbasi
Movant(s):
Pivotal Capital Group II, LLC Represented By Gerrick Warrington Michael G Fletcher
10:00 AM
Docket 39
2/25/20 - Steven M. Berman, (813)227-2332, has been approved for telephonic appearance on 2/26/20 @ 10am
Deny motion. Pursuant to Bankruptcy Code section 101(51B), in order for property to be "single asset real estate," the debtor must not be a family farmer and all of the following must be true:
the debtor must own a single piece of real property or a single project
other than residential real property with fewer than 4 residential units
which generates substantially all of the gross income of the debtor
on which no substantial business is being conducted by a debtor other than the business of operating the real property and activities incidental thereto.
All but one of these elements can be satisfied, but that is insufficient. No one contends that the debtor is a farmer. The debtor owns a single piece of real property. The debtor has no income, but if it ever has any income, it will be generated by the property; and the debtor is not conducting any business other than trying to develop the property, so, if the debtor can be said to be conducting business at all, it is business incidental to operating the property.
The issue, therefore, is whether this piece of property should be characterized as "residential real property with fewer than 4 residential units." Clearly, it is real property and there are fewer than 4 units on the property as there are NO units on the property, but is it residential real property? Movant has cited cases for the proposition that Congress did not mean to exclude undeveloped land from the definition of single asset real estate, but all of the cases that movant has cited are projects that, once developed, would qualify as single
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asset real estate. They were either commercial projects or multi-unit residential developments.
Here, the property in question is only zoned for a single family residence.
The game plan is to build a single family residence. If the project were completed, it would be excluded from the definition of single asset real estate. This property, even in its current form, is residential property, not commercial property. Nothing commercial could be built here, not even a four unit apartment building. The absence of a building on the property doesn't transform this property into commercial property. If the debtor's only asset is a single piece of property that has a single family dwelling on it or one that can never have anything other than a single family dwelling on it, the debtor cannot qualify as a single asset real estate debtor within the meaning of bankruptcy code section 101(51B).
Debtor(s):
2034 Sunset Plaza Drive LLC Represented By Matthew Abbasi
Movant(s):
Pivotal Capital Group II, LLC Represented By Gerrick Warrington Michael G Fletcher
10:00 AM
Docket 23
NONE LISTED -
Grant motion. Convert case to chapter 7.
Debtor(s):
Orion Solar Racking, Inc. Represented By Stephen L Burton
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
10:00 AM
Docket 1
NONE LISTED -
Take case status conference off calendar due to conversion of case to chapter 7.
Debtor(s):
Orion Solar Racking, Inc. Represented By Stephen L Burton
10:00 AM
Docket 13
NONE LISTED -
It is fine for the debtor to amend its petition to correct a typographical error in the name of the debtor -- EVJT Investment Firm LLC to EBJT Investment Firm LLC -- but a debtor cannot amend its petition to name a different entity. If EBJT Investment Firm LLC is the record title holder of the property, it is the correct entity to be in bankruptcy if the debtor hopes to stop a foreclosure from proceeding with regard to the property.
Court is not persuaded that a suspended corporation is precluded from filing bankruptcy.
Revisit this matter after the conclusion of the hearing on the U.S. Trustee's motion to dismiss or convert.
Debtor(s):
EVJT Investment Firm LLC Represented By Kevin Tang
10:00 AM
Docket 16
NONE LISTED -
Debtor remains out of compliance with the majority of the reporting requirements of the U.S. Trustee and has attempted to impermissibly change the entity that is in bankruptcy. Moreover, current management has permitted the company to be suspended. It is clear that this case should not remain in chapter 11 with the current debtor as a debtor in possession. The debtor would like to see this case dismissed without a bar, but the U.S. Trustee argues that there is a valuable asset that should be administered for the benefit of creditors.
Court agrees that debtor has not established it would be in the best interests of creditors to dismiss this case, either with or without a bar. It would better serve the interests of creditors for a trustee to be appointed, either in chapter 11 or in chapter 7. Grant motion. Appoint chapter 11 trustee. If trustee believes case should be converted, he/she may convert the case.
Debtor(s):
EVJT Investment Firm LLC Represented By Kevin Tang
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
10:00 AM
Docket 21
NONE LISTED -
Deny. See tentative ruling for matters nos. 12 and 13.
Debtor(s):
EVJT Investment Firm LLC Represented By Kevin Tang
Movant(s):
EVJT Investment Firm LLC Represented By Kevin Tang
10:00 AM
Docket 1
NONE LISTED -
Continue case status conference to give chapter 11 trustee an opportunity to file case status report and attend status conference.
Debtor(s):
EVJT Investment Firm LLC Represented By Kevin Tang
11:00 AM
Docket 9
2/21/20 - Brian Guiney, (212)336-2305, has been approved for telephonic appearance on 2/26/20 @ 11am
2/21/20 - Scheduling and Case Management Conference set for: APRIL 8, 2020 @ 10AM
Debtor should respond to questions raised by U.S. Trustee. In addition, court would like to know more about the circumstances that led the debtor to file bankruptcy, how the debtor came up with the valuations for its assets that are asserted in the motion, what the relationship is between the debtor and ABS Capital LLC and what "outside services" the debtor has included in its budget for $7,200.
Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
11:00 AM
Docket 11
2/21/20 - Brian Guiney, (212)336-2305, has been approved for telephonic appearance on 2/26/20 @ 11am
2/21/20 - Scheduling and Case Management Conference set for: APRIL 8, 2020 @ 10AM
Debtor needs to respond to the issues raised by the U.S. Trustee.
Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
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):
Arthur Rodriguez Jr. Represented By Justin P Dixon
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 33
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Jose A Clemente Represented By Marcus Gomez
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
[Fees requested: $26370, Expenses: $525.20]
Docket 261
NONE LISTED -
OFF CALENDAR. APPLICATION WILL BE HEARD AS PART OF TRUSTEE'S FINAL REPORT.
Debtor(s):
RH BBQ, Inc Represented By
Jaenam J Coe
Movant(s):
Law Offices of Jaenam Coe PC Represented By Jaenam J Coe
Trustee(s):
Timothy Yoo (TR) Represented By Monica Y Kim Juliet Y Oh Carmela Pagay
Elissa Miller (TR) Pro Se
2:00 PM
[Fees requested: $27965, Expenses: $352.30]
fr. 1-29-20
Docket 133
2/19/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 2/26/20 @ 2pm
Tentative Ruling for January 29, 2020:
Continue hearing to permit applicant to file supplemental declarations to comply with LBR 2016-1. (Application is missing brief narrative history and report concerning the status of the case as described in LBR 2016-1(A)(i), a discussion of the money on hand as required by LBR 2016-1(A)(iii); a brief narrative statement of the services rendered and the time expended (separate and apart from the billing statements themselves) as required by LBR 2016-1(D); and a declaration from client as required by LBR 2016-1(J).)
Final Ruling for January 29, 2020:
Continue hearing to February 26, 2020 at 2:00 p.m. Applicant should file and serve supplemental declaration(s) and billing statements broken down by category not later than February 5, 2020.
Tentative Ruling for February 26, 2020:
Court is satisfied with supplemental filings, but supplemental papers were filed late. Has U.S. Trustee had a sufficient opportunity to review these documents?
2:00 PM
Hearing required.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Directing Turnover Of All Host Data To Plaintiffs Expert, Bruce Anderson;
For The Following Related Relief:
Striking Certain Intervenor Search Terms And Barring Any Objection By Those Intervenors To The Turnover Of Hosted Data
Finding That Robert Leppo Waived Any Objection To Disclosure Of Documents Or Communications Re His Financial Transactions With Baker/OMSJ
Finding That Baker, By His Misconduct, Has Waived Any Objection To The Turnover Of Hosted Data &/Or To Bruce Anderson
Any Other Related Relief fr. 2-11-20
Docket 632
2/25/20 - Derek Linke, (206)274-2800, has been approved for telephonic appearance on 2/26/20 @ 2pm
Tenative Ruling for February 11, 2020:
Court agrees that the data and documents that movant seeks to obtain from the hosts are different from the universe of data turned over to Mr. Broom. As movant has explained, there were many deleted and encrypted files that Mr.
Broom was unable to access. Baker has testified that he used various services to backup data. The hosts may well have backups of data that were
2:00 PM
deleted or encrypted and therefore not provided to Mr. Broom.
Court will not impose sanctions on movant for bringing this motion under any of the theories advanced by the opponents. As the court has explained on numerous occasions, this is a challenging situation and, in many ways, uncharted territory. Court does not fault movant for attempting through various mechanisms to obtain data that Baker should have provided but did not. Baker created this situation, not the plaintiff.
Court agrees with intervenors that, if plaintiff would like the hosts to actually turn information over to anyone (rather than merely to preserve it and prevent Baker from further spoilating it), he will need to serve subpoenas upon them. The Secure Communications Act does not pose an obstacle here in that the Court deems Baker to have given lawful consent to the release of this information to plaintiff. Baker has been ordered to consent and has provided consents. Further, the court will provide the required consent if Baker repudiates any consents actually given or fails to give any required consent. Nevertheless, once subpoenas are served, if the hosts would like to litigate the applicability of the Secure Communications Act, they may do so.
Intervenor and other third parties should limit themselves to issues relating to the privileges they would like to assert with regard to the data in question and not to litigating other issues that are more appropriately raised by other parties.
Court is not troubled by the plaintiff's attempt to devise a different approach to obtaining data than previously outlined by the court. As the parties are well aware, the approach previously devised by the Court proved to be exceedingly expensive and Baker purports to be unable to bear the cost of this exercise, with the result that plaintiff cannot utilize these procedures to obtain the information that he requires.
Court is not persuaded by movant's arguments that all privileges have been waived by parties other than Baker. Court does not find the deposition testimony provided by plaintiff to be particularly persuasive on this issue (and much of the information contained in the Murtagh declaration is not admissible as it is lacking in foundation and suffers either from hearsay and/or best evidence rule problems).
2:00 PM
On the issue of third party privileges, and how to segregate privileged materials in a cost-effective manner, which will once again become relevant if and when the plaintiff serves subpoenas on the hosts, the court will adopt the following approach. The subpoenas should direct the hosts to deliver all requested information, other than emails, to Mr. Anderson. It appears from the oppositions that the majority of the third parties' concerns relate to communications via email. However, in case there are other materials that may be protected by the work product rule, the court will enter an order providing protection against inadvertent waiver of attorney/client privilege or work product rules. (NOTE: Murtagh claims that a stipulated protective order entered in the parties' state court litigation still applies and should suffice to provide the necessary protections, but Murtagh did not provide a copy of that protective order for the court's reference. Therefore, court cannot determine the extent to which provisions of this order would be helpful.)
With regard to emails, the subpoenas should direct the hosts to turnover all emails to counsel for Baker. She will then have a period of 60 days from her receipt of the data to review the emails turned over and cull out those that she contends are protected by the attorney/client privilege or work product rule.
In doing this review, Ms. Ponce should keep in mind that Baker has waived his attorney/client privilege and the work product rule with regard to communications between himself and Baruch Cohen and that she should not assert a privilege with regard to any emails from or to any email account that Baker has denied in a declaration filed with this court is one of his email accounts. In conducting her review, Ms. Ponce may if necessary consult with the intervenors or an independent expert, but she shall not relinquish possession of the data, permit Baker to access any of it or take any steps that might enable a third party to delete or spoilate any of the data.
At the earlier of the completion of her review and 60 days from her receipt of the data, Ms. Ponce shall turnover any emails that are not protected by third party privilege to counsel for plaintiff and provide plaintiff with a privilege log that identifies any emails withheld from the turnover on privilege ground, which log should break out the different bases for withholding any such emails. If plaintiff consents, she may refrain from turning over to plaintiff's counsel (or turnover in a separate batch) emails that are entirely unrelated to
2:00 PM
the subject matter of this adversary proceeding. Order should provide protection against inadvertent waivers resulting from Ms. Ponce's delivery of data to plaintiff's counsel.
Final Ruling for February 11, 2020:
Previously, Neutral Expert had not been willing to turnover any information or data to plaintiff's expert without having his entire outstanding bill paid. At the February 11 hearing, the Neutral Expert advised the court and that parties that he had already performed most (or all?) of the sorting required by keyword required by the court's prior orders and that he would be willing to negotiate with plaintiff's counsel to see whether the parties could agree on amounts to be paid in exchange for certain categories of data to be turned over. If the plaintiff were able to obtain the data that he needs in this manner, it might enable the plaintiff to limit any subpoenas that he now serves on third parties to the time frame after the turnover of data to the neutral expert.
Depending on the time frame of information and data requested in these subpoenas, third party objectors, who have not been doing business with Baker for some period of time, may not have any privilege concerns.
In light of the foregoing, the court continued the hearing on this motion to February 26, 2020 at 2:00 p.m. to give the plaintiff an opportunity to negotiate with the neutral expert to see whether much or all of the information and data that he now seeks may be obtained from the neutral expert in a more expeditious and cost-effective way.
Tentative Ruling for February 26, 2020:
What, if any, progress has been made in this matter? Has plaintiff succeeded in reaching any agreements with the neutral expert? If not, why not? Hearing required.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - 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 Douglas M Neistat Michael J Conway Derek Linke
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
MOVANT: LOGIX FEDERAL CREDIT UNION
Docket 10
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Roy Michael Naasz Represented By Frank J Alvarado
Joint Debtor(s):
Andrea Naasz Represented By Frank J Alvarado
Movant(s):
LOGIX FEDERAL CREDIT Represented By Karel G Rocha
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 11
NONE LISTED -
Deny motion as moot as it does not seek extraordinary relief. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Dora Elizabeth Perez Pro Se
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 10
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Axel Anoulak Represented By Randolph R Ramirez
Joint Debtor(s):
Marie Lea Penant Represented By Randolph R Ramirez
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
fr. 6-26-18, 8-7-18, 10-2-18, 10-23-18, 11-27-18, 1-29-19, 4-30-19, 8-13-19,
10-15-19, 1-14-20
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.
Tentative Ruling for January 14, 2020:
Trustee filed motion for approval of compromise on December 20, 2019 with notice and an opportunity for hearing. Continue status conference to March 3, 2020 at 2 pm to give court an opportunity to process motion.
APPEARANCES WAIVED ON JANUARY 14, 2020.
Tentative Ruling for March 3, 2020:
Court entered order approving compromise on February 27, 2020. Continue status conference to May 5, 2020 at 2:00 p.m. to give parties an opportunity to consummate settlement agreement and dismiss action. APPEARANCES WAIVED ON MARCH 3, 2020.
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 Aaron E de Leest Sonia Singh
2:00 PM
Adv#: 2:19-01513 Carlsen v. Wells Fargo Dealer Services, Inc. et al
Docket 1
1/9/20 - Another Summons Issued. Original summons was not mailed to the Plaintiff.
Where is joint status report that should have been filed two weeks ago? Was debtor actually on title as the owner of the vehicle that was repossessed?
Defendant's answer to complaint is entirely boilerplate. What is the actual issue here? Where is the car now? What does defendant contend happened?
Hearing required.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Wells Fargo Dealer Services, Inc. Represented By
Adam N Barasch
Roes 1-100 Pro Se
Plaintiff(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
10:00 AM
Docket 6
NONE LISTED -
Debtors have not filed certificates of credit counseling or attached a separate sheet to the petition attesting to the elements necessary to entitle them to a temporary waiver, but case has already been dismissed for failure to file schedules.
Vacate OSC as moot. Court will prepare order. No appearance required.
Debtor(s):
Israel Rivera Pro Se
Joint Debtor(s):
Kimberly E. C. Rivera Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 24
NONE LISTED -
Debtor's 341(a) meeting concluded on December 17, 2019. The deadline for filing an objection to the exemptions claimed was 30 days later, or January 16, 2020. This objection was filed on January 28, 2020 and is therefore untimely. Overrule objection to debtor's claim of exemption.
Debtor(s):
Angel Rodriguez Llamas Pro Se
Joint Debtor(s):
Maria C Mendez Rodriguez Pro Se
Movant(s):
Carolyn A Dye (TR) Represented By Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
10:00 AM
Docket 50
NONE LISTED -
Serving a different party, even if it is an affiliate, in care of the same lawyer is not necessarily sufficient notice. Grant motion. Reopening the case is a purely ministerial act. Court will reopen case. Movant can take whatever steps it deems appropriate in the reopened case, and the debtor can respond with whatever defenses it may have to those actions.
Debtor(s):
ERIN JEON Represented By
Jaenam J Coe Gilad Berkowitz
Joint Debtor(s):
Jong Kim Represented By
Jaenam J Coe Gilad Berkowitz
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 76
2/24/20 – Bonnie Mantovani, (818)227-0100 has been approved for telephonic appearance on 3/4/2020 @ 10am
Grant motion. Approve sale to highest bidder.
Debtor(s):
Judith Anne Sanchez Represented By George J Paukert
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
10:00 AM
Docket 95
NONE LISTED -
2/26/20 -- At hearing held this date on debtor's motion to disallow claim as late-filed, court considered and rejected arguments on which this motion is based. Motion is moot. Counsel for debtor will lodge order to this effect.
OFF CALENDAR.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
Docket 261
NONE LISTED -
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
11:00 AM
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.
2/26/20 -- Court approved stipulated order resolving matter. OFF CALENDAR. NO APPEARANCE 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 1
NONE LISTED -
Tentative Ruling for December 4, 2019:
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.
12/11/19 -- Court approved order setting following dates: L/D to serve notice of bar date -- 12/13/19
Bar date -- 1/31/20
Cont'd case status conference -- 03/04/20 at 11:00 a.m. L/D to file updated case status report -- 02/21/20.
Tentative Ruling for March 4, 2020:
Status report was filed late (on February 27, 2020). Discuss with debtor pending litigation in state court concerning the parties' respective priorities. Set deadline for debtor to commence litigation in this court to resolve these issues. Explore whether ordering the parties to mediation would be useful.
Hearing required.
11:00 AM
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
11:00 AM
Docket 1029
2/13/20 and 2/20/20 - Mr. Salvato, Debtor's Counsel, instructed to reschedule for 11am to be heard with the Scheduling and Case Management Conference.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
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
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
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, 11-13-19
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:
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.
Tentative Ruling for March 4, 2020:
At trustee's request, continue case status conference to March 11, 2020 at 10:00 a.m. to be heard concurrently with trustee's motion to convert to chapter 7. APPEARANCES WAIVED ON MARCH 4, 2020.
11:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
2:00 PM
Docket 1029
2/13/20 and 2/20/20 - Mr. Salvato, Debtor's Counsel, instructed to reschedule for 11am to be heard with the Scheduling and Case Management Conference.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
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
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
2:00 PM
fr. 1-29-20
Docket 323
NONE LISTED -
Grant Chase's request for continuance to give lender an opportunity to obtain an appraisal and conduct discovery.
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan
2:00 PM
Docket 338
NONE LISTED -
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan Jeffrey I Golden
2:00 PM
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.
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 Hearing on amended disclosure statement -- September 11, 2019
2:00 PM
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.
9/13/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 8, 2020 at 2:00 pm
L/D for debtor to file second amended plan and disclosure statement -- November 13, 2019
Hearing on disclosure statement -- January 8, 2020 at 2:00 pm Requirement of filing case status report waived
11/12/19 -- Court granted motion to extend time to file plan and continue confirmation hearing date to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2020.
1/30/20 -- Court approved stipulation continuing deadline for debtors to file amended plan and disclosure statement and continuing hearing on disclosure statement and case status conference to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
2:00 PM
Approving Debtors' Disclosure Statement Describing Debtors Plan Dated January 8, 2020
Setting Plan Confirmation Dates And Deadlines fr. 2-19-20
Docket 166
NONE LISTED -
2/11/20 -- Court approved stipulation continuing hearing to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 19, 2020.
Tentative Ruling for March 4, 2020: See tentative ruling for matter no. 205.
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
2:00 PM
Martin J Brill Todd M Arnold
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
2:00 PM
fr. 2-19-20
Docket 165
NONE LISTED -
2/11/20 -- Court approved stipulation continuing hearing to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 19, 2020.
Tentative Ruling for March 4, 2020:
Court has a number of concerns with regard to the debtor's plan and disclosure statement, in no particular order:
Court agrees with US Trustee that additional information is required concerning LNBYB's service as disbursing agent. A reader cannot tell from either the plan or the disclosure statement how/at what rate the firm will be compensated for serving as disbursing agent. Does the firm intend to bill by the hour for these services or will there be some other compensation arrangement?
Court agrees that proposed revisions should be made to release/exclupation provisions.
Court would like the disclosure statement to contain additional information concerning Prize Pictures and Nomax Films. The only reference the court was able to locate appears in the liquidation analysis chart. What kind of business do or did these companies operate? What is the source of the funds of $3,000 to $5,000 per year that they receive? What, if any, assets does either entity have?
2:00 PM
Court is satisfied with the information contained concerning separate classification of LNV's claim.
Court is not satisfied with the treatment of general unsecured creditors. There is no information in either the body of the plan or the disclosure statement as to the amount or frequency of the payments the debtor plans to make. The debtors purport to be devoting their disposable income to the payment of unsecured creditors, but they do not commit to pay any particular dollar amount. This is unacceptable. Court needs to be able to determine whether debtors have or have not defaulted on the payments due unsecured creditors under the plan. They should commit to a dollar amount of monthly payments.
Is there any discussion anywhere in the disclosure statement as to why the debtors need 4 luxury cars? How many drivers are there? Who is driving what vehicle?
The modification sections of the plan and disclosure statement should be modified to comport with the current version of section 1127. There should be a discussion of the fact that any party in interest can move to modify.
The discharge section of the plan and disclosure statement is too vague. The debtors can request a discharge once they have completed payments to unsecured creditors due under the plan.
There are a few other typographical errors that will be noted on the record at the time of hearing on the disclosure statement.
Are the debtors taking the position that the plan complies with section 1125(a)(15)? Disclosure statement should make an affirmative statement one way or the other.
Debtor(s):
Herbert W. Gains Represented By
2:00 PM
Martin J Brill Todd M Arnold
Joint Debtor(s):
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
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.
11/13/19 -- Court approved scheduling order with following dates:
New deadline for debtor to file plan and disclosure statement -- January 8, 2020
Hearing on disclosure statement -- February 19, 2020 at 2 Cont'd status conference -- February 19, 2020 at 2
2/11/20 -- Court approved stipulation continuing hearing to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 19, 2020.
Tentative Ruling for March 4, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Herbert W. Gains Represented By Martin J Brill
2:00 PM
Todd M Arnold
Joint Debtor(s):
Beth A. Gains Represented By
Martin J Brill Todd M Arnold
2:00 PM
Docket 78
NONE LISTED -
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.
12/13/19 -- Court approved stipulation setting following continued dates:
2:00 PM
L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
1/30/20 -- Court approved stipulation continuing deadline for debtors to file amended plan and disclosure statement and continuing hearing on disclosure statement and case status conference to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
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 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
2:00 PM
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.
12/13/19 -- Court approved stipulation setting following continued dates: L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
2:00 PM
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 94
NONE LISTED -
Court has a number of concerns with the form of the amended disclosure statement, in no particular order:
Disclosure statement should have a discussion of the basis for Wang's
$25,000 administrative claim. Court was unable to find any discussion of when/how this claim arose.
The collateral value of Class 1's personal property collateral is listed as "unknown." If the collateral value is unknown, it is not appropriate to pay this creditor's claim in full and give unsecured creditors only 10 percent of the amount of their claims. Disclosure statement should contain a discussion of what this collateral is and how much the debtor thinks it's worth and why or, if the collateral is not sufficient to make Class 1's claim wholly secured, there needs to be a discussion in the disclosure statement as to why it is nevertheless appropriate to pay this claim in full.
There is no commitment in the body of the plan or the disclosure statement to make any particular payment to the holders of unsecured claims. This should be remedied. The plan should commit to a payment of $X per month on account of these claims so that the Court can determine whether or not there has been a default.
The class of unsecured creditors IS impaired under the plan. (Perhaps Class 3 is impaired as well? Plan says that the holder of the Class 3 claim is permitted to vote.)
2:00 PM
The plan violates the absolute priority rule. Wang is permitted to retain 10 percent of the equity in the company "in exchange for his continued services as the visionary chief executive and managing member of the Reorganized Debtor." Consideration of this kind does not satisfy the new value exception to the absolute priority rule. Therefore, the disclosure statement needs to say explicitly in the section that discusses confirmation without approval by all classes that this plan cannot be confirmed over the objection of the class of unsecured creditors.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
2:00 PM
Docket 103
NONE LISTED -
See tentative ruling for matter no. 209.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
2:00 PM
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:
Where is status report that should have been filed by October 25, 2019?
2:00 PM
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.
Final Ruling for November 13, 2019:
Continue case status conference to February 11, 2020 at 10:30. Debtor should file updated status report by January 31, 2020.
Tentative Ruling for February 11, 2020:
Continue case status conference to March 4, 2020 at 2:00 p.m. to coincide with date of hearing on disclosure statement. Debtor need not file updated status report in connection with that status conference.
Tentative Ruling for March 4, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
10:00 AM
fr. 2-6-20
Docket 19
NONE LISTED -
Grant motion to dismiss. Deny alternate request for relief as moot. Once figures on debtor's means test have been corrected, debtor will have $588.54 in monthly disposable income which would be more than enough to pay creditors in full over the life of a plan. Dismiss case under section 707(b)(2) for presumed abuse that has not been rebutted.
Debtor(s):
Lashetta Ridgeway Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Authorizing Debtor To Obtain Secured Post-Petition Financing Pursuant To Section 364 Of The Bankruptcy Code
Authorizing The Use Of Cash Collateral Pursuant To Section 363 Of The Bankruptcy Code
Granting Liens
Scheduling A Final Hearing
Granting Related Relief
Docket 20
3/2/20 - Debtor is deficient for Statement (Form 122B) - due 2/26/20
Debtor has had the property on the market since September of 2019. Have there been any offers? If so, what have those offers been? Have any prospective buyers toured the property in person?
Is there really any value in the property above and beyond the liens at this point in time? Are properties in this price range currently selling well? If there is equity, secured lenders are not likely to get relief from stay to foreclosure in the near future. Would approving this loan serve to merely make it less likely that unsecured creditors will be able to recover anything from any equity in the property? Would it be better for the debtor to negotiate a prompt sale of his Bentley and his art collection? (According to SOFA, Bentley has been pawned.)
Where did the $5,000 post petition payment that the debtor received come from? Home maintenance runs $8,700 per month? What needs to be done
10:00 AM
to the house each month for this cost? Utilities are $4,700 per month? Variances are excessive. Lender is agreeing to permit debtor to use its cash collateral. What cash collateral? Lender is also taking a pledge of all of the debtor's personal property, which is currently unencumbered? What collateral will be in a secured storage facility?
Debtor's SOFA shows no income for 2018, 2019 and 2020. How has debtor been paying his living expenses?
One of the events of default is the debtor's sale of the property without the lender's written consent or "any proceeding, action, petition or filing in the Debtor's bankruptcy case in direct violation of the Loan Document." In the event of default, even without first foreclosing, the lender may exercise all voting, consensual and other powers of ownership pertaining to the collateral as if the lender were the sole and absolute owner of the collateral? The court cannot approve a loan with these provisions in the context of a bankruptcy case. The lender cannot be the debtor in possession. Court would have to appoint a trustee.
Do the parties contemplate that disputes under this agreement will be resolved by a referee rather than by the bankruptcy court?
Based on the terms of this agreement, it is clear that the debtor is desperate and that the lender has him over a barrel. Otherwise, why would he agree to such terms? Can this debtor be trusted to act as a fiduciary for the benefit of his creditors?
Hearing required.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
Movant(s):
Gennady Moshkovich Represented By
10:00 AM
David B Golubchik Todd M Arnold
10:00 AM
MOVANT: US BANK, NA
Docket 10
NONE LISTED -
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Chang Sub Shim Represented By Kelly K Chang
Movant(s):
U.S. Bank National Association, not Represented By
Mark S Krause
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: JPMORGAN CHASE BANK, N.A.
Docket 17
3/6/20 - Joseph Delmotte, (619)342-8811, has been approved for telephonic appearance on 3/10/20 @ 10am
Grant with 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):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: LOS ARBOLES PARTNERSHIP, A CA LIMITED PARTNERSHIP
Docket 7
NONE LISTED -
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
San Thai Chen Ly Represented By
Jaime G Monteclaro
Movant(s):
Los Arboles Partnership, A Represented By Agop G Arakelian
Trustee(s):
Jason M Rund (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, 11-19-19, 1-14-20, 2-11-20
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
1/8/20 -- Court approved stipulation setting following continued dates:
Cont'd pretrial conference -- February 11, 2020 at 2
L/D for Bitetti to take Bren's deposition -- February 10, 2020 L/D to file pretrial motions -- February 10, 2020
OFF CALENDAR FOR JANUARY 14, 2020. PARTIES SHOULD LODGE JOINT PRETRIAL ORDER TWO WEEKS PRIOR TO CONTINUED PRETRIAL CONFERENCE.
1/23/20 -- Court approved stipulation continuing pretrial conference to March 10, 2020 at 2:00 p.m., extending discovery cutoff to March 9, 2020 for limited purposes, extending deadline for filing pretrial motions to March 9, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR FEBRUARY 11, 2020.
2/26/20 -- Court approved stipulation continuing pretrial conference to March 31, 2020 at 2:00 p.m., extending discovery cutoff to March 23, 2020 for limited purposes, extending deadline for filing pretrial motions to March 23, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR MARCH 10, 2020.
Debtor(s):
Steven M Bren Represented By Robert S Altagen
Defendant(s):
Steven M. Bren Represented By Robert S Altagen
Plaintiff(s):
Jeffrey J. Bitetti, individually and as Represented By
Roger F Friedman
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Leonard M Shulman Ryan D O'Dea
Rika Kido
2:00 PM
Adv#: 2:19-01170 Farwell v. Herzstock
J. Herzstock
fr. 8-27-19, 12-3-19
Docket 1
NONE LISTED -
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?
Final Ruling for December 3, 2019:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties should file joint status report by February 25, 2020. Parties are to complete a day of mediation by March 10, 2020 and should lodge an order appointing mediators by December 24, 2019. Plaintiff should lodge scheduling order.
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge
2:00 PM
scheduling order as instructed at prior status conference. Impose additional sanctions of $250 on counsel for plaintiff and defendant in pro per for failing to lodge an order appointing mediators and complete a day of mediation by March 10, 2020, as directed by the Court. Impose additional sanctions of
$150 on defendant in pro per for failing to participate in preparation of joint status report. Lack of cooperation from defendant does not excuse plaintiff from deadlines established by the Court. These are joint obligations.
Set discovery cutoff for late May, 2020. Set deadline for filing pretrial motions. Order parties AGAIN to conduct mediation. If defendant does not cooperate in selection of mediators, plaintiff should lodge unilateral order appointing mediators. If parties do not complete mediation by new deadline, court will impose additional monetary sanctions of not less than $500. Court does not consider its deadlines to be optional.
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, 12-3-19
Docket 1
NONE LISTED -
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?
Final Ruling for December 3, 2019:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties should file joint status report by February 25, 2020. Parties are to complete a day of mediation by March 10, 2020 and should lodge an order appointing mediators by December 24, 2019. Plaintiff should lodge scheduling order.
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge
2:00 PM
scheduling order as instructed at prior status conference. Impose additional sanctions of $250 on counsel for plaintiff and defendant in pro per for failing to lodge an order appointing mediators and complete a day of mediation by March 10, 2020, as directed by the Court. Impose additional sanctions of
$150 on defendant in pro per for failing to participate in preparation of joint status report. Lack of cooperation from defendant does not excuse plaintiff from deadlines established by the Court. These are joint obligations.
Set discovery cutoff for late May, 2020. Set deadline for filing pretrial motions. Order parties AGAIN to conduct mediation. If defendant does not cooperate in selection of mediators, plaintiff should lodge unilateral order appointing mediators. If parties do not complete mediation by new deadline, court will impose additional monetary sanctions of not less than $500. Court does not consider its deadlines to be optional.
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
fr. 8-27-19, 12-10-19
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
12/10/20 -- Court approved scheduling order with following dates:
Cont'd status conference -- March 10, 2020 at 2 L/D to file joint status report -- February 25, 2020
New deadline for completion of mediation -- March 10, 2020
Tentative Ruling for March 10, 2020:
Discuss with parties feasibility of proceeding with depositions and mediation via telephone and making other arrangements for production of documents in light of travel ban.
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 Anne C Manalili
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
fr. 11-6-19, 2-11-20
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.
3/4/20 -- Court approved stipulation continuing status conference to May 5, 2020 at 2:00 p.m. and extending deadline for filing joint status report to April 21, 2020. OFF CALENDAR FOR MARCH 10, 2020.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Movant(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:20-01002 Avery v. Torres et al
Docket 1
3/4/20 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 3/10/20 @ 2pm
Set deadline for plaintiff to file motions for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Defendant(s):
Rigoberto F. Torres Pro Se Nevada Street Trust Dated October Pro Se Teresa Torres, Trustee of the Torres Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By
2:00 PM
David M Goodrich
2:00 PM
Adv#: 2:19-01172 XMI FINANCIAL SERVICES, LLC, a Limited Liability C v. Avakian
fr. 8-27-19, 12-3-19
Docket 1
NONE LISTED -
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020 12/27/19 -- Court approved order appointing mediators.
Tentative Ruling for March 10, 2020:
Did the parties complete their court-ordered mediation? If not, why not? Hearing required.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
2:00 PM
Defendant(s):
Sergik Avakian Represented By Matthew D. Resnik
Plaintiff(s):
XMI FINANCIAL SERVICES, Represented By Stephen E Jenkins
Raffi Khatchadourian
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, 12-3-19
Docket 1
NONE LISTED -
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020
Tentative Ruling for March 10, 2020:
Did the parties complete their court-ordered mediation? If not, why not? Hearing required.
12/27/19 -- Court approved order appointing mediators.
Debtor(s):
Sergik Avakian Represented By
2:00 PM
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, 12-3-19
Docket 1
2/28/20 - Valerie Bantner Peo, (415) 227-0900, has been approved for telephonic appearance on 3/10/20 @ 2PM
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020 12/27/19 -- Court approved order appointing mediators.
Tentative Ruling for March 10, 2020:
When court sets a deadline, parties should either comply with that deadline or file a stipulation requesting an extension of that deadline.
Hearing required.
2:00 PM
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, 12-3-19
Docket 1
NONE LISTED -
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/27/19 -- Court approved order appointing mediators.
Final Ruling for March 10, 2020:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties are to file joint status report not later than February 25, 2020. Parties should lodge an order appointing mediators not later than December 24, 2020 and should complete a day of mediation not later than March 10, 2020. Plaintiff should lodge scheduling order.
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order. Impose sanctions of $150 each on counsel for parties for failing to file joint status report in a timely manner.
Did the parties complete a day of mediation as previously ordered by the Court? If not, why not?
2:00 PM
Hearing required.
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 Matthew D. Resnik
Acra Machinery, Inc., a California Represented By
Marshall L Brubacher Matthew D. Resnik
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01418 Kirakosian v. Avakian et al
Docket 3
NONE LISTED -
There is no evidence on the docket that the summons was ever served and plaintiff failed to attend last status conference. Court has not received response to OSC or status report in connection with March 10, 2020 status conference.
Dismiss action for failure to prosecute.
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
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01418 Kirakosian v. Avakian et al
fr. 12-3-19
Docket 1
NONE LISTED -
Take status conference off calendar due to dismissal of action.
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
2:00 PM
Trustee(s):
Edward M Wolkowitz (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,
11-5-19, 10-16-18, 11-27-18, 12-18-18, 3-19-19, 7-16-19, 11-5-19,11-19-19,
1-28-20, 2-25-20
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
2:00 PM
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:
(Where is status report that should have been filed October 2, 2018?)
2:00 PM
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 adjudication. Set deadline for the filing of these motions and continue status
2:00 PM
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.
Tentative Ruling for January 28, 2020:
Impose sanctions of $250 on counsel for plaintiff for failing to participate in preparation of joint pretrial order. Court cannot use the material provided by defendants as a pretrial order as it is not in the correct format. Continue
2:00 PM
pretrial conference and (again) order parties to lodge a proposed pretrial order two weeks prior to date of continued conference.
Tentative Ruling for February 25, 2020:
Where are the facts (which the parties say are undisputed) that will enable the court to calculate the value of the deeds of trust? The pretrial order sets forth the procedural facts, but none of the underlying facts of this case.
Continue pretrial conference so parties can prepare a pretrial order that is useful.
Final Ruling for February 25, 2020:
Continue pretrial conference to March 10, 2020 at 2:00 p.m. to give parties an opportunity to lodge amended pretrial order. Parties should upload revised pretrial order by March 3, 2020.
Tentative Ruling for March 10, 2020:
Where is pretrial order that should have been uploaded by March 3, 2020?
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 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 10
NONE LISTED -
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in any way to benefit the debtor? Is debtor current on the payments? Will the debtor be able to remain current on the payments? Hearing required.
Debtor(s):
Moises Orlando Alveno Castaneda Represented By
Michael D Luppi
Movant(s):
Snap On Credit LLC Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Convert Case From Chapter 11 to 7
Authorize Continued Employment of Certain Professionals Employed During Chapter 11 Case
Establish a Bar Date for Filing Administrative Expense Claims Arising During Debtor's Chapter 11 Bankruptcy Case
Authorize Trustee to Operate Business of Debtor Pursuant to 11 U.S.C. § 721;
Docket 1042
NONE LISTED -
Grant motion. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato Justin P Karczag
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
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, 9-26-19, 11-13-19, 3-4-20
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.
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.
Tentative Ruling for March 4, 2020:
At trustee's request, continue case status conference to March 11, 2020 at 10:00 a.m. to be heard concurrently with trustee's motion to convert to
10:00 AM
chapter 7. APPEARANCES WAIVED ON MARCH 4, 2020.
Tentative Ruling for March 11, 2020:
In light of conversion of case, take status conference off calendar. Court does not customarily conduct periodic status conferences in chapter 7 cases. APPEARANCES WAIVED.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato
10:00 AM
Rejection of Unexpired Lease Relating to the Beverly Facility Nunc Pro Tunc to the Petition Date
Abandonment of Personal Property Located at the Beverly Facility
Docket 82
3/10/20 - Sherry Harper, (310)785-6860, has been approved for telephonic appearance on 3/11/20 @ 10am
Court set this matter for hearing because of its confusion over the fact that the motion both seeks rejection nunc pro tunc as of the petition date, yet purports to reserve the issue of the landlord's entitlement to an administrative claim for the post-petition period. What does it mean to reject the hearing as of the petition date in the view of the chapter 7 trustee? What is the legal significance of the landlord's consent to the rejection as of this date?
Court does not ordinarily make rejections effective unless and until the debtor in possession or trustee has relinquished possession of the leased property (or when the lease is rejected by operation of law). When did the debtor or trustee vacate the premises and make them available to the landlord?
Hearing required.
Debtor(s):
Youth Policy Institute, Inc. Represented By Kevin Meek
Movant(s):
Jason M Rund (TR) Represented By
10:00 AM
Trustee(s):
Keith Patrick Banner Jeffrey A Krieger
Jason M Rund (TR) Represented By
Keith Patrick Banner Jeffrey A Krieger
11:00 AM
fr. 2-19-20
Docket 40
3/6/20 - Joseph Delmotte, (619)342-8811, has been approved for telephonic appearance on 3/11/20 @ 11am
Tentative Ruling for February 19, 2020:
There does not need to be a deduction from the value for recalls. A dealer will perform any required repair work without charging the consumer. The declaration states that the Edmunds valuation is $768. This appears to be a typographical error. The valuation debtor asserts now is inconsistent with the values she has previously assigned to the vehicle.
Continue hearing to give lienholder an opportunity to examine and obtain an appraisal of the vehicle.
Final Ruling for February 19, 2020:
Continue hearing to March 11, 2020 at 11:00 pursuant to a stipulation between the parties.
Tentative Ruling for March 11, 2020:
Has lender now obtained a valuation of the vehicle? Debtor has not responded to issues raised in February 19 tentative.
Hearing required.
11:00 AM
3/10/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 10:00 a.m. OFF CALENDAR FOR MARCH 11, 2020.
Debtor(s):
Eugena Renee Lawler Pro Se
Movant(s):
Eugena Renee Lawler Pro Se
Trustee(s):
Peter J Mastan (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, 10-9-19, 10-16-19, 11-20-19, 1-15-20
Docket 1
3/6/20 - Diane Weifenbach, (714)695-6637, has been approved for telephonic appearance on 3/11/20 @ 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
Tentative Ruling for January 15, 2020:
According to the reorganized debtor's status report, the replacement loan will fund on January 12 and reorganized debtor will be able to pay off all amounts due unsecured creditors under her plan and cure any delinquencies on her secured claims. Has this occurred? Hearing required.
Tentative Ruling for March 11, 2020:
Debtor has now obtained financing and cured arrearages under plan. Continue case status conference to May 6, 2020 at 11:00 a.m. to give debtor an opportunity to move for and obtain final decree. APPEARANCES WAIVED ON MARCH 11, 2020.
Debtor(s):
Ida Mae Woods Represented By Michael R Totaro
11:00 AM
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,
8-15-19
Docket 1
NONE LISTED -
Tentative Ruling for January 15, 2020:
According to reorganized debtor's post-confirmation status report, the reorganized debtor is currently delinquent on a variety of payments due under its confirmed plan. The status report represents that these arrearages will have been cured by the date of the status conference. Has this occurred? Is the reorganized debtor now current on its plan payments? Hearing required.
Final Ruling for January 15, 2020:
Debtor has not cured arrearages as of January 14, 2020, but thinks it will be able to do so by the end of January and that it will be able to make February payments. Continue status conference to March 11, 2020 at 11:00 a.m.
Reorganized debtor should file updated status report not later than February 28, 2020.
Tentative Ruling for March 11, 2020:
Reorganized debtor filed status report belatedly on March 5, 2020. Debtor failed to make the February payments and is having checks returned from two secured creditors. Status report represents that reorganized debtor will cure arrearages before the hearing. Has this occurred? What is the debtor doing about the creditors' whose checks are being returned?
11:00 AM
Hearing required.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
11:00 AM
fr. 1-9-20
Docket 12
NONE LISTED -
Tentative Ruling for January 9, 2020:
Unless debtor is now in compliance with all filing requirements, including the filing of monthly operating reports, discuss with parties whether conversion of the case to chapter 7 or dismissal of the case would be the more appropriate option.
Even if debtor has filed all required documents, discuss with debtor whether there is any reasonable prospect for a reorganization, as it appears that this case does not belong in chapter 11.
1/13/20 -- Court entered order continuing hearing to March 11, 2020 and requiring debtor to come into full compliance by the close of business on Friday, January 17, 2020 and to remain in compliance thereafter. If debtor fails to do so, U.S. Trustee may submit a notice of noncompliance to the debtor and, if debtor fails to cure within 7 days, the U.S. Trustee may submit a declaration to this effect and lodge an order dismissing the case, which the court will sign without further notice or hearing.
Tentative Ruling for March 11, 2020:
Docket does not reflect the filing of any applications or declarations from the
U.S. Trustee concerning noncompliance. Does this mean that the debtor is now in full compliance? Hearing required.
11:00 AM
3/10/20 -- Court approved stipulation resolving matter. OFF CALENDAR.
Debtor(s):
Pablo Meza Pro Se
11:00 AM
Docket 1
NONE LISTED -
1/9/20 -- At hearing held this date, court continued case status conference to March 11, 2020 at 11:00. OFF CALENDAR FOR JANUARY 15, 2020.
Debtor should file updated status report not later than March 2, 2020. Tentative Ruling for March 11, 2020:
Set bar date and deadline for debtor to serve notice of bar date. Continue status conference approximately 90 days and set deadline for filing of updated status report.
Debtor(s):
Pablo Meza Pro Se
2:00 PM
Docket 1162
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Morry Waksberg MD Represented By
Steven Karlton Kop - DISBARRED - Daniel J McCarthy
William A Kent - INACTIVE -
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
2:00 PM
Docket 854
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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
2:00 PM
Docket 77
NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Reginald Avery Thomas Represented By Brad Weil Stephen M Harris
Trustee(s):
Elissa Miller (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):
Shawn D Galvez Pro Se
Joint Debtor(s):
Lisseth Galvez Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: PNC BANK, NA
Docket 13
3/16/20 - Kelly Kaufmann, (619(955-1555, has been approved for telephonic appearance on 3/17/20 @ 10am
Grant motion, including waiver of Rule 4001(a)(3). Make finding that the transfer of an interest in property to someone already in bankruptcy 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/or multiple bankruptcy filings affecting this property.
As debtor has filed a response indicating that she has no interest in the property, APPEARANCES WAIVED. COURT WILL PREPARE ORDER.
Debtor(s):
Maricela Leonila Lemus Pro Se
Movant(s):
PNC Bank, National Association Represented By
Merdaud Jafarnia
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: ADP TOTALSOURCE, INC.
[OST]
Docket 45
NONE LISTED -
Parties have filed a stipulation resolving motion. Parties should upload order incorporating operative terms of the stipulation. APPEARANCES WAIVED.
3/16/20 -- Court approved order resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver Jason E Turner
Movant(s):
ADP TotalSource, Inc. Represented By Scott E Blakeley
10:00 AM
[OST]
Docket 57
3/16/20 - Carmela Pagay, (310)229-1234, has been approved for telephonic appearance on 3/17/20 @ 10am
Grant motion. House is an asset of the estate and it has been sold. Order approving sale (which included 363(m) finding) has become final, as no notice of appeal was filed within 14 days after entry. Debtor must vacate premises immediately. Trustee should lodge order consistent with tentative ruling.
If parties would like to appear and be heard in response to this tentative ruling, they should contact Court Call at 866-582-6878 to make arrangements to appear by telephone through Court Call. (Court has been advised that this service will be made available to parties who do not have attorneys at no cost.)
Debtor(s):
Debra C Polakowski Represented By Debora M Zumwalt
Movant(s):
Heide Kurtz (TR) Represented By Timothy J Yoo Carmela Pagay
Trustee(s):
Heide Kurtz (TR) Represented By
10:00 AM
Timothy J Yoo Carmela Pagay
2:00 PM
Adv#: 2:19-01044 Dye v. Babaie et al
fr. 4-9-19, 5-7-19, 9-17-19, 11-12-19, 1-14-20
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.
Tentative Ruling for January 14, 2020:
Where is joint status report that should have been filed by December 31, 2019? At last status conference, parties reported that matter had been settled and that there would be a lump sum settlement. What, if anything, has transpired since the last settlement conference? (Docket does not reflect filing of a motion to compromise or to sell assets.) Hearing required.
Final Ruling for January 14, 2020:
Continue status conference to March 17, 2020 at 2:00 pm. Parties should file joint status report in March 3, 2020. Plaintiff should serve notice of continued status conference.
Tentative Ruling for March 17, 2020:
Where is status report that should have been filed by March 3, 2020?
3/16/20 -- Court approved stipulation continuing hearing to April 29, 2020 at 10:00 a.m. OFF CALENDAR FOR MARCH 17, 2020. NO APPEARANCE REQUIRED.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Defendant(s):
David Babaie Represented By
2:00 PM
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#: 2:19-01330 Menchaca v. Ozuna et al
Theresa Harden, Richard Harden fr. 11-5-19
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.
11/6/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- March 17, 2020 at 2:00 p.m.
L/D to file joint status report -- March 3, 2020 L/D to complete discovery -- February 28, 2020
L/D to lodge order appointing mediators -- December 13, 2019 L/D to complete mediation -- March 17, 2020
2/4/20 -- Court approved stipulation setting following dates: Cont'd status conference -- June 30, 2020 at 2:00 p.m.
L/D to file joint status report -- June 16, 2020 L/D to complete discovery -- May 29, 2020
L/D to lodge order appointing mediators -- February 28, 2020 L/D to complete mediation -- May 4, 2020
OFF CALENDAR FOR MARCH 17, 2020.
2:00 PM
Debtor(s):
Candina Marie Ozuna Represented By
Raj T Wadhwani
Defendant(s):
Candina Marie Ozuna Represented By Craig G Margulies
David Ozuna Represented By
Craig G Margulies
Theresa Harden Represented By Craig G Margulies
Richard Harden Represented By Craig G Margulies
Plaintiff(s):
John J. Menchaca Represented By David M Goodrich
Trustee(s):
John J Menchaca (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:19-01242 Cabrera v. Bronson
Bronson
fr. 10-1-19, 11-12-19
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.
Final Ruling for November 12, 2019:
Continue status conference to March 17, 2020 at 2:00 p.m. Parties should file joint status report by March 3, 2020. Court set deadline of November 27, 2020 for defendant to file and serve answer to first and third claims for relief.
2:00 PM
(Second and fourth claims for relief were dismissed with prejudice.)
Tentative Ruling for March 17, 2020:
At request of parties, continue status conference to June 30, 2020 at 2:00
p.m. Parties should file updated status report not later than June 16, 2020. APPEARANCES WAIVED ON MARCH 17, 2020.
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
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
Docket 66
NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
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
Movant(s):
Ranbir Sahni Represented By
Leslie A Cohen
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 Sonia Singh
10:00 AM
Docket 25
NONE LISTED -
Grant motion. Approve assignment agreement between debtor and trustee with 363(m) finding and waiver of Rule 6004(b).
UNLESS THE TRUSTEE IS AWARE OF ANYONE WISHING TO OVERBID, APPEARANCES WAIVED. TRUSTEE SHOULD UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Raymond D. Rivera Represented By Steven B Lever
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 61
NONE LISTED -
OFF CALENDAR. CASE HAS ALREADY BEEN DISMISSED.
Debtor(s):
2034 Sunset Plaza Drive LLC Represented By Matthew Abbasi Gerrick Warrington
Movant(s):
2034 Sunset Plaza Drive LLC Represented By Matthew Abbasi Gerrick Warrington
11:00 AM
fr. 5-29-19, 10-30-19, 11-6-19
fr. 1-8-20
Docket 1131
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.
Tentative Ruling for January 8, 2020:
At trustee's request, continue case management conference to March 18, 2020 at 11:00 a.m. Trustee should file updated status report not later than March 11, 2020. APPEARANCES WAIVED ON JANUARY 8, 2020.
Tentative Ruling for March 18, 2020:
Court has already approved trustee's final report. There is no need for a status conference at this point. OFF CALENDAR.
11:00 AM
Debtor(s):
Morry Waksberg MD Represented By
Steven Karlton Kop - DISBARRED - Daniel J McCarthy
William A Kent - INACTIVE -
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
11:00 AM
fr. 5-29-19, 10-30-19, 11-6-19
fr. 1-8-20
Docket 826
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.
Tentative Ruling for January 8, 2020:
At trustee's request, continue case management conference to March 18, 2020 at 11:00 a.m. Trustee should file updated status report not later than March 11, 2020. APPEARANCES WAIVED ON JANUARY 8, 2020.
Tentative Ruling for March 18, 2020:
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Court has already approved trustee's final report. There is no need for a status conference at this point. OFF CALENDAR.
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
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
fr. 12-18-19
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
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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.
Tentative Ruling for December 18, 2019:
11:00 AM
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.
Tentative Ruling for March 18, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 26, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
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
fr. 12-18-19
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
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.
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.
Tentative Ruling for March 18, 2020:
11:00 AM
Court has reviewed the reorganized debtor's case status report. Continue status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 26, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
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, 12-18-19
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:
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.
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.
Tentative Ruling for March 18, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to July 22, 2020 at 11:00 a.m. Reorganized debtor should file updated case status report not later than July 10, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Debtor(s):
Albany Investment Properties, LLC Represented By
11:00 AM
Raymond H. Aver
R Alexander Comley
11:00 AM
fr. 2-26-20
Docket 9
2/21/20 - Scheduling and Case Management Conference set for: APRIL 8, 2020 @ 10AM
3/9/20 - Brian Guiney, (212)336-2305, has been approved for telephonic appearance on 3/18/20 @ 11am
3/16/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearance on 3/18/20 @ 11am
3/17/20 - Jonathan Loeb, (424)239-3422, has been approved for telephonic appearance on 3/18/20 @ 11am
Tentative Ruling for February 26, 2020:
Debtor should respond to questions raised by U.S. Trustee. In addition, court would like to know more about the circumstances that led the debtor to file bankruptcy, how the debtor came up with the valuations for its assets that are asserted in the motion, what the relationship is between the debtor and ABS Capital LLC and what "outside services" the debtor has included in its budget for $7,200.
Hearing required.
Final Ruling for February 26, 2020:
Court entered order March 2, 2020, granting motion on an interim basis,
11:00 AM
authorizing debtor to expend up to a total of $805,000 in accordance with budget, plus a 10 percent variance. See terms of order [docket no. 39] for additional provisions.
Tentative Ruling for March 18, 2020:
PARTIES ARE ENCOURAGED TO MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Benjamin Pouladian, who claims to be an unsecured creditor of the estate as well as the owner of an interest in the debtor, has objected to the motion.
The debtor and its remaining principals are currently embroiled in litigation with Pouladian. Based on the assertions made by Pouladian, the more appropriate course of conduct for him would be to move for the appointment of a trustee. The arguments advanced in the opposition do not appear to relate to whether or not the secured creditor's interest in collateral will be adequately protected if the debtor is permitted to use cash collateral.
Court agrees with Siena that changing values for accounts receivable, inventory and other assets need to be clarified, but court rejects the argument that the collateral available from the guarantor is irrelevant here. The authorities cited by Siena refer to an unsecured guaranty. Here, Siena has a second position lien on real property that appears to be worth substantially more than the combined amount of the loans against it. (And Siena does not appear to dispute the value asserted in the debtor's most recent appraisal.) Unlike the scenario in the Earth Lite case, the court here need not be concerned that the unsecured assets of the guarantor will be dissipated.
Siena has a perfected lien against real property that will not go anywhere. If Siena has concerns about the future of this case and whether the debtor has a viable game plan for making an exit from bankruptcy, the more appropriate vehicle to advance such an argument appears to be a motion for conversion, dismissal or appointment of a chapter 11 trustee.
Based on the debtor's valuations, Siena may be oversecured, which would entitle it to post-petition interest and fees due under its agreement, but that does not mean that Siena has a right to receive current payment of these
11:00 AM
amounts. Moreover, if the debtor's collateral values are inaccurate, and the adequate protection available to Siena comes from the collateral for its guarantee, Siena would not be entitled to receive post-petition interest and charges from the debtor, even though it would remain entitled to collect these amounts under the guaranty. As the Court cannot yet determine the source of funding for these charges, court is not inclined to require debtor to pay these amounts currently.
Discuss with debtor in possession how actual receipts/revenues are comparing with projections and the extent to which the debtor anticipates it will be able to continue its operations in light of recent developments.
Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
11:00 AM
Docket 1337
3/10/20 - Alexandra Rhim, (818)907-3135, has been approved for telephonic appearance on 3/18/20 @ 11am
3/16/20 - Brian Weiss, (714)445-1023, has been approved for telephonic appearance on 3/18/20 @ 11am
3/16/20 - John Tedford, (310)277-0077, has been approved for telephonic appearance on 3/18/20 @ 11am
3/16/20 - Victor Vilaplana, (858)847-6759, has been approved for telephonic appearance on 3/18/20 @ 11am
3/17/20 - Robert Marticello, (714)445-1023, has been approved for telephonic appearance on 3/18/20 @ 11am
3/18/20 - Jolene Tanner, (213)894-3544, has been approved for telephonic appearance on 3/18/20 @ 11am
3/18/20 - Anthony Bisconti, (949)369-3700, has been approved for telephonic appearance on 3/18/20 @ 11am
PARTIES ARE ENCOURAGED TO MAKE ARRANGEMENTS TO APPEAR
11:00 AM
TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Discuss with parties how to proceed at this juncture in light of partial reversal and remand from district court. Explore whether trustee would like to submit new papers or have court revisit compensation based on existing record.
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 IV
Brian Weiss Represented By
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, 8-7-19, 9-11-19, 12-11-19, 1-8-20, 1-9-20
Docket 1
3/10/20 - Alexandra Rhim, (818)907-3135, has been approved for telephonic appearance on 3/18/20 @ 11am
3/16/20 - Brian Weiss, (714)445-1023, has been approved for telephonic appearance on 3/18/20 @ 11am
3/16/20 - John Tedford, (310)277-0077, has been approved for telephonic appearance on 3/18/20 @ 11am
3/16/20 - Victor Vilaplana, (858)847-6759, has been approved for telephonic appearance on 3/18/20 @ 11am
3/17/20 - Robert Marticello, (714)445-1023, has been approved for telephonic appearance on 3/18/20 @ 11am
3/18/20 - Jolene Tanner, (213)894-3544, has been approved for telephonic appearance on 3/18/20 @ 11am
3/18/20 - Anthony Bisconti, (949)369-3700, has been approved for telephonic appearance on 3/18/20 @ 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?
11:00 AM
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016?
7/20/16 -- At hearing held this date, Court heard status conference, as all parties were present and continued status conference to July 27, 2016 at 10:00 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.
11:00 AM
Tentative Ruling for October 19, 2016:
What has transpired since the trustee was appointed? Where does the trustee see this case going? Hearing required.
11/28/16 -- Court approved stipulation continuing hearing to December 7, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by the trustee of any possible substantive consolidation issues. Has the trustee commenced or concluded such an analysis? Does the trustee have a sense 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.
11:00 AM
Tentative Ruling for August 16, 2017:
Court waived the requirement that the trustee file an updated status report in connection with this status conference and set this date as a holding date.
Are there any upcoming hearings scheduled in this chapter 11 case?
Final Ruling for August 16, 2017:
Continue status conference to October 18, 2017 at 2:00 p.m. Updated status report should be served and filed not later than October 6, 2017.
Tentative Ruling for October 18, 2017:
Continue case status conference to January 10, 2018 at 2:00 p.m.
Disclosure statement should be noticed for same date and time, provided it is filed and served not less than 42 days before this date. Waive requirement of updated status report. APPEARANCES WAIVED ON OCTOBER 18, 2017.
1/9/18 -- Court approved stipulation continuing status conference to February 14, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 10, 2018.
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.
11:00 AM
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 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.
11:00 AM
Tentative Ruling for January 9, 2020:
What, if anything, has transpired since the last status report? Did a foreclosure sale occur on December 12? If so, what happened at the sale? Hearing required.
Tentative Ruling for March 18, 2020:
Did the foreclosure proceed on March 16? If not, why not? How will the closure of restaurants in Los Angeles impact the trustee's ability to perform under the confirmed plan? 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 IV
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
Docket 5
NONE LISTED -
PARTIES ARE ENCOURAGED TO MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Did debtor file missing documents, including schedules, that were due March 16, 2020? If not, deny motion and dismiss case.
Court has no facts with which to decide this motion. What is the property address? Who owned the property? Who conducted a foreclosure? What was the nature of that party's interest in the property?
Hearing required.
Debtor(s):
Wichit Chantharath Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
fr. 3-4-20
Docket 338
NONE LISTED -
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan Jeffrey I Golden
2:00 PM
fr. 1-29-20, 3-4-20
Docket 323
NONE LISTED -
Grant Chase's request for continuance to give lender an opportunity to obtain an appraisal and conduct discovery.
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan
2:00 PM
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.
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.
9/13/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 8, 2020 at 2:00 pm
L/D for debtor to file second amended plan and disclosure statement -- November 13, 2019
Hearing on disclosure statement -- January 8, 2020 at 2:00 pm Requirement of filing case status report waived
11/12/19 -- Court granted motion to extend time to file plan and continue confirmation hearing date to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2020.
1/30/20 -- Court approved stipulation continuing deadline for debtors to file amended plan and disclosure statement and continuing hearing on disclosure statement and case status conference to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
2:00 PM
Docket 78
NONE LISTED -
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.
12/13/19 -- Court approved stipulation setting following continued dates:
2:00 PM
L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
1/30/20 -- Court approved stipulation continuing deadline for debtors to file amended plan and disclosure statement and continuing hearing on disclosure statement and case status conference to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
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 102
NONE LISTED -
NONE LISTED -
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 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
2:00 PM
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.
12/13/19 -- Court approved stipulation setting following continued dates: L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
2:00 PM
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 242
NONE LISTED -
NONE LISTED -
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
Docket 87
1/22/2020 - Catherin Schlomann Robertson, (408) 286-5100, has been approved for telephonic appearance on 3/18/20 @ 2:00pm
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.
10/21/19 -- Court approved scheduling order that set following dates: L/D to serve notice of bar date -- October 25, 2019
Bar date -- December 20, 2019
Con'd case status conference -- January 15, 2020 at 11 L/D to file updated status report -- January 3, 2020
Tentative Ruling for January 15, 2020:
Set deadline for debtor to file plan and disclosure statement and administrative bar date for all creditors other than professional persons. Set deadline for debtor to serve notice of bar date.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
2:00 PM
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
2:00 PM
Docket 15
3/19/20 - Scheduling and Case Management Conference and Order to Show Cause re: Dismissal is currently set for: APRIL 29, 2020 @ 10AM.
3/19/20 - Stella Havkin, (818)999-1568, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - John Ellis, (213)894-2740, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - John-Patrick M. Fritz, (310)229-1234, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - Chris Joffe, (818)999-1568, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - Kenneth Lau, (213)894-4480, has been approved for telephonic appearance on 3/20/20 @ 2pm
Provided service is adequate, authorize debtor to use cash collateral purpose of paying operating expenses in accordance with budget plus a 10 percent variance. All lenders shall receive replacement lien on all post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Authorize use for interim period, pending hearing on a fully-noticed basis. Set final hearing on motion.
2:00 PM
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
2:00 PM
Docket 17
3/19/20 - Scheduling and Case Management Conference and Order to Show Cause re: Dismissal is currently set for: APRIL 29, 2020 @ 10AM.
3/19/20 - Stella Havkin, (818)999-1568, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - John Ellis, (213)894-2740, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - John-Patrick M. Fritz, (310)229-1234, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - Chris Joffe, (818)999-1568, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - Kenneth Lau, (213)894-4480, has been approved for telephonic appearance on 3/20/20 @ 2pm
Grant motion; however, order granting motion should be served on all creditors and should include a section that explains to creditors how to receive courtesy electronic notices.
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
2:00 PM
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
2:00 PM
Docket 21
3/19/20 - Scheduling and Case Management Conference and Order to Show Cause re: Dismissal is currently set for: APRIL 29, 2020 @ 10AM.
3/19/20 - Stella Havkin, (818)999-1568, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - John Ellis, (213)894-2740, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - John-Patrick M. Fritz, (310)229-1234, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - Chris Joffe, (818)999-1568, has been approved for telephonic appearance on 3/20/20 @ 2pm
3/19/20 - Kenneth Lau, (213)894-4480, has been approved for telephonic appearance on 3/20/20 @ 2pm
Provided service is adequate, authorize debtor to pay prepetition wages and honor prepetition benefits up to an aggregate of priority amount per employee, excluding insiders.
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
2:00 PM
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
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, 10-22-19,
2-18-20
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 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.
Final Ruling for December 11, 2019:
Continue case status conference to March 18, 2020 at 2:00 p.m. Disclosure statement may be heard at same date and time if filed not less than 42 days prior to this date. Debtor should file and serve updated status report by March 6, 2020. (Court later moved hearing to March 26, 2020 at 10:00 a.m.)
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Continue case status conference to be heard concurrently with hearing on disclosure statement scheduled for April 29, 2020 at 2:00 p.m. Debtors need not file updated status report. APPEARANCES WAIVED ON MARCH 26, 2020.
10:00 AM
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
fr. 1-29-20, 3-4-20, 3-18-20
Docket 323
NONE LISTED -
Grant Chase's request for continuance to give lender an opportunity to obtain an appraisal and conduct discovery.
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan
10:00 AM
fr. 3-4-20, 3-18-20
Docket 338
NONE LISTED -
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan Jeffrey I Golden
10:00 AM
fr. 8-1-18, 11-7-18, 2-6-19, 8-7-19, 7-3-19, 9-11-19, 1-8-20, 3-4-20, 3-18-20
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?
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 Hearing on amended disclosure statement -- September 11, 2019
10:00 AM
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.
9/13/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 8, 2020 at 2:00 pm
L/D for debtor to file second amended plan and disclosure statement -- November 13, 2019
Hearing on disclosure statement -- January 8, 2020 at 2:00 pm Requirement of filing case status report waived
11/12/19 -- Court granted motion to extend time to file plan and continue confirmation hearing date to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2020.
1/30/20 -- Court approved stipulation continuing deadline for debtors to file amended plan and disclosure statement and continuing hearing on disclosure statement and case status conference to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
Debtor(s):
Samuel Michael Saber Represented By Michael R Totaro
10:00 AM
Docket 78
3/20/20 - Kenneth Lau, (213-894-4480, has been approved for telephonic appearance on 3/26/20 @ 10am.
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.
10:00 AM
12/13/19 -- Court approved stipulation setting following continued dates:
L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
1/30/20 -- Court approved stipulation continuing deadline for debtors to file amended plan and disclosure statement and continuing hearing on disclosure statement and case status conference to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
OFF CALENDAR. DEBTOR HAS NOW FILED AMENDED 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
fr. 3-18-20
Docket 102
3/11/20 - Chanel Oldham, (323)852-1000, has been approved for telephonic appearance on 3/26/20 @ 10am
3/11/20 - Garrick Warrington, (323)852-1000, has been approved for telephonic appearance on 3/26/20 @ 10am
3/20/20 - Kenneth Lau, (213-894-4480, has been approved for telephonic appearance on 3/26/20 @ 10am.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
There are a handful of corrections requested by the Court at the prior hearing on the disclosure statement that were not made or were not properly made.
These will be discussed on the record at the time of hearing on the disclosure statement.
What is Wilmington Bank's actual objection to the disclosure statement? There was a lot of boilderplate in its objection, but not much substance. The only issue that the court was abile to identify that is not a plan confirmation issue was a complaint that the objecting creditor could not ascertain what the debtors' income has been since the filing date exclusive of rental income from the revised projections attached as Exhibit "B". Is there anything else?
10:00 AM
Jeffrey Cowan has now filed a notice of withdrawal of his claim. That is not sufficient to clear title, but at least has the effect of constituting a withdrawal of his objection to approval of the disclosure statement. Are the debtors aware of the facts and circumstances that led to the filing of this withdrawal?
In light of recent developments, are the debtors still in a position to proceed forward with confirmation of their plan? Are they confident that they will have the income reflected in their projections? Hearing required.
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
Docket 1
3/11/20 - Chanel Oldham, (323)852-1000, has been approved for telephonic appearance on 3/26/20 @ 10am
3/11/20 - Garrick Warrington, (323)852-1000, has been approved for telephonic appearance on 3/26/20 @ 10am
3/20/20 - Kenneth Lau, (213-894-4480, has been approved for telephonic appearance on 3/26/20 @ 10am.
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.
10:00 AM
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
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.
12/13/19 -- Court approved stipulation setting following continued dates: L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
10:00 AM
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
Tenative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit status of case after conclusion of 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
fr. 3-18-20
Docket 242
3/16/20 - Tinho Mang, (949)333-7777, has been approved for telephonic appearance on 3/26/20 @ 10am
3/20/20 - Kenneth Lau, (213-894-4480, has been approved for telephonic appearance on 3/26/20 @ 10am.
3/23/20 - David Goodrich, (714-966-1000), has been approved for telephonic appearance on 3/26/20 @ 10am.
OFF CALENDAR. AMENDED DISCLOSURE STATEMENT FILED.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
10:00 AM
Docket 257
3/16/20 - Tinho Mang, (949)333-7777, has been approved for telephonic appearance on 3/26/20 @ 10am
3/20/20 - Kenneth Lau, (213-894-4480, has been approved for telephonic appearance on 3/26/20 @ 10am.
3/23/20 - David Goodrich, (714-966-1000), has been approved for telephonic appearance on 3/26/20 @ 10am.
OFF CALENDAR. AMENDED DISCLOSURE STATEMENT FILED.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
10:00 AM
Docket 263
3/16/20 - Tinho Mang, (949)333-7777, has been approved for telephonic appearance on 3/26/20 @ 10am
3/20/20 - Kenneth Lau, (213-894-4480, has been approved for telephonic appearance on 3/26/20 @ 10am.
3/23/20 - David Goodrich, (714-966-1000), has been approved for telephonic appearance on 3/26/20 @ 10am.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Approve Second Amended Disclosure Statement and set deadlines for confirmation process.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
10:00 AM
Docket 87
1/22/2020 - Catherin Schlomann Robertson, (408) 286-5100, has been approved for telephonic appearance on 3/26/20 @ 10am
3/16/20 - Tinho Mang, (949)333-7777, has been approved for telephonic appearance on 3/26/20 @ 10am
3/20/20 - Kenneth Lau, (213-894-4480, has been approved for telephonic appearance on 3/26/20 @ 10am.
3/23/20 - David Goodrich, (714-966-1000), has been approved for telephonic appearance on 3/26/20 @ 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.
10/21/19 -- Court approved scheduling order that set following dates: L/D to serve notice of bar date -- October 25, 2019
Bar date -- December 20, 2019
Con'd case status conference -- January 15, 2020 at 11 L/D to file updated status report -- January 3, 2020
Tentative Ruling for January 15, 2020:
Set deadline for debtor to file plan and disclosure statement and administrative bar date for all creditors other than professional persons. Set
10:00 AM
deadline for debtor to serve notice of bar date.
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
10:00 AM
MOVANT: U.S. BANK NATIONAL ASSOCIATION
Docket 15
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Case has been dismissed and movant has not served a notice of intent to proceed notwithstanding dismissal as required by judge's procedures for hearings in dismissed cases. Judge Bluebond was served with motion at incorrect division and old suite number.
Deny motion without prejudice.
Debtor(s):
Douglas Min Pro Se
Movant(s):
U.S. Bank National Association, Not Represented By
Joseph C Delmotte
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: JEANETTE MCDONALD HENDERSON LIVING TRUST, DYANNA HENDERSON TRUSTEE
Docket 10
3/25/20 - John Brockmeier, (310)425-3431, has been approved for telephonic appearance on 3/31/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Motion was filed on incorrect form. Movant should have used mandatory Form F4001-1.RFS.UD.MOTION. Deny motion without prejudice.
Appearances waived. Court will prepare order.
Debtor(s):
Ok Cha Toon Represented By
Young K Chang
Movant(s):
Jeanette McDonald Henderson Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 13
3/25/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/31/20 @ 10am.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
David Hui Represented By
Yoon O Ham
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: SOUTHLAND CREDIT UNION
Docket 11
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
San Thai Chen Ly Represented By
Jaime G Monteclaro
Movant(s):
Southland Credit Union Represented By Karel G Rocha
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.
Docket 9
3/25/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/31/20 @ 10am.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
David Bong Chung Represented By Stephen S Smyth
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Jennifer H Wang
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: WESTERN NATIONAL SECURITIES DBA WESTERN NATIONAL PROPERTY MANAGEMENT
Docket 10
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Laine Edwin Hedwall Pro Se
Movant(s):
Western National Securities dba Represented By Agop G Arakelian
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 9
3/25/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/31/20 @ 10am.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
La Nelle Kay Meyer-Lucero Represented By Daniel King
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 8
3/25/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 3/31/20 @ 10am.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
John Benjamin Nickens III Represented By Neil R Hedtke
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
[OST]
fr. 4-8-20
Docket 82
3/24/20 - Kenneth Lau, (818) 794-7430, has been approved for telephonic appearance on 3/31/20 @ 10am
3/30/20 - Raymond Aver, (310)571-3511, has been approvd for telephonic appearance on 3/31/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Tentative Ruling for March 31, 2020:
For each of the insiders, court needs to know:
The names of all entities for whom the insider performs services.
The job duties of each insider for each of these entities.
How many hours per week the insider works for each entity.
How much compensation does the debtor receive from each entity, including any perquisites.
Court is not concerned with the form that the compensation takes. That is, whether the compensation comes in the form of a car allowance, car
10:00 AM
insurance, medical insurance, etc. The issue is what is the aggregate value of the compensation received and whether that is reasonable in light of the nature and extent of the services provided to this debtor and whether these services are duplicative of services being provided by another insider or employee. Owners should not be receiving returns on capital (as opposed to compensation for services rendered) while the company is in bankruptcy -- even if this an insider's only source of income.
Why did the debtor increase Babak Sinai's compensation on the petition date? What was the compensation formula before? Why hasn't the debtor provided any backup documentation as to the amounts of the insiders' salaries?
Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
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, 11-19-19, 1-14-20, 2-11-20, 3-10-20
Docket 1
3/24/20 - Roger Friedman, (714) 641-5100, has been approved for telephonic appearance on 3/31/20 @ 2pm
3/27/20 - Robert Altagen, (323)268-9588, has been approved for telephonic appearance on 3/31/20 @ 2pm
3/27/20 - Michael Allison, (323)268-9588, has been approved for telephonic appearance on 3/31/20 @ 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.
2:00 PM
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.
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
2:00 PM
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.
1/8/20 -- Court approved stipulation setting following continued dates: Cont'd pretrial conference -- February 11, 2020 at 2
L/D for Bitetti to take Bren's deposition -- February 10, 2020 L/D to file pretrial motions -- February 10, 2020
OFF CALENDAR FOR JANUARY 14, 2020. PARTIES SHOULD LODGE JOINT PRETRIAL ORDER TWO WEEKS PRIOR TO CONTINUED PRETRIAL CONFERENCE.
1/23/20 -- Court approved stipulation continuing pretrial conference to March 10, 2020 at 2:00 p.m., extending discovery cutoff to March 9, 2020 for limited purposes, extending deadline for filing pretrial motions to March 9, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR FEBRUARY 11, 2020.
2/26/20 -- Court approved stipulation continuing pretrial conference to March 31, 2020 at 2:00 p.m., extending discovery cutoff to March 23, 2020 for limited purposes, extending deadline for filing pretrial motions to March 23, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR MARCH 10, 2020.
Tentative Ruling for March 31, 2020:
Continue pretrial conference to April 28, 2020at 2:00 p.m. PARTIES SHOULD LODGE A SINGLE JOINT PRETRIAL ORDER not later than Apri
2:00 PM
14, 2020. Mr. Altagen should participate personally in negotiations concerning the form of the pretrial order. Parties may break the "admitted facts" portion of the pretrial order into two separate parts: (1) facts that have already been adjudicated by the court and therefore require no proof; and (2) facts that are admitted (and therefore require no proof). If the parties disagree about whether something is or is not an issue, that dispute should be preserved in the pretrial order as well. In other words, under the appropriate list of issues (either issues of law or issues of fact), the parties should include an issue that reads, "whether plaintiff must prove . . . . " If the parties persist in lodging separate pretrial orders, the court will review the relevant declarations and orders and assess monetary sanctions as against any party that it considers to have behaved in an unreasonable manner in connection with the drafting of the document.
APPEARANCES WAIVED ON MARCH 31, 2020.
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#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 8-27-19, 11-19-19, 12-17-19, 1-14-20
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:
2:00 PM
Revisit status of action after conclusion of related matters on calendar.
Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.
Tentative Ruling for March 31, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Defendant has filed a motion to dismiss, but has not served a notice of hearing on that motion despite having been instructed by the Court to do so. Court will prepare and enter an order denying that motion without prejudice and setting a new deadline of April 14, 2020 for defendant to either answer or file and notice a hearing on a motion to dismiss. Defendant must give not less than 21 days' notice of the hearing on her motion and must select an appropriate hearing date by using the self-calendaring instructions on Judge Bluebond's page on the Court's website.
Order prepared by the Court should continue the status conference to May 5, 2020 at 2:00 p.m. THE PARTIES SHOULD JOINTLY PREPARE a joint
status report that should be filed with the Court not later than April 21, 2020.
APPEARANCES WAIVED ON MARCH 31, 2020.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
2:00 PM
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, 12-17-19, 1-14-20
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
2:00 PM
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.
Tentative Ruling for January 14, 2020:
See tentative ruling for matter no. 217.
OFF CALENDAR. ACTION HAS BEEN DISMISSED BY ORDER ENTERED MARCH 13, 2020.
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
2:00 PM
Trustee(s):
Candice Bryner Candice Candice Bryner
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01056 Friedman v. Navient Private Loan Trust et al
Docket 38
NONE LISTED -
Court will prepare and enter an order vacating OSC as moot in light of plaintiff's filing of a notice of dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
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#: 2:19-01056 Friedman v. Navient Private Loan Trust et al
fr. 4-30-19, 7-30-19, 11-5-19, 2-25-20
Docket 1
NONE LISTED -
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.
2/11/20 -- Court approved stipulation dismissing Navient Solutions. Tentative Ruling for February 25, 2020:
Court approved stipulation dismissing Navient, but there are other defendants, no? Where is the status report that should have been filed by the remaining parties? Hearing required.
3/26/20 -- Plaintiff has filed a notice of voluntary dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
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
2:00 PM
Plaintiff(s):
Tricialee Friedman Represented By Christine A Kingston
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16,
1-10-17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18, 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, 12-3-19
Docket 1
3/27/20 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearance on 3/31/20 @ 2pm
3/30/20 - Jessica Ponce (213)263-2911, has been approved for telephonic appearance on 3/31/20 @ 2pm
3/30/20 - Peter Arhangelsky, (917)676-6536, has been approved for telephonic appearance on 3/31/20 @ 2pm
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
Tentative Ruling for May 31, 2016:
Revisit status of action after conclusion of related matters on calendar. 6/2/16 -- Court signed scheduling order setting following dates:
2:00 PM
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:
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:
2:00 PM
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 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.
2:00 PM
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.
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.
2:00 PM
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:
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:
2:00 PM
Continue status conference to date that can be used for hearing on motion for default judgment (which must be filed by March 20, 2020).
Final Ruling for December 3, 2019:
Continue status conference to March 31, 2020 at 2:00 p.m. Plaintiff should file and serve a unilateral status report not later than March 17, 2020.
Tentative Ruling for March 31, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Where is the status report that plaintiff should have filed by March 17? Why hasn't counsel for plaintiff filed stipulation with Mr. Broom or lodged order resolving motion for turnover? Hearing required.
Status report filed on March 27, 2020. Court received copy on March 30, 2020. It now appears that plaintiff has abandoned any attempts to obtain information from Mr. Broom and plans to file yet another motion that he believes will enable him to maintain the information that he desires. Has that motion been filed and, if so, when is it set for hearing? Court still needs the order that plaintiff was to lodge in connection with turnover motion. Court will not want to rule on that motion until it has memorialized in an order its prior ruling on the latest turnover motion.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - 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 Douglas M Neistat Michael J Conway Derek Linke
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al
Docket 46
NONE LISTED -
OFF CALENDAR. COURT APPROVED STIPULATION TRANSFERRING VENUE.
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 David L. Neale
Brian Arbizzani Represented By Joseph A Field Irving M Gross David L. Neale
Adam Ward Represented By
Joseph A Field Irving M Gross David L. Neale
2:00 PM
Steve Sefchick Represented By Joseph A Field Irving M Gross David L. Neale
Movant(s):
Heather Schiffke Represented By Joseph A Field Irving M Gross David L. Neale
Brian Arbizzani Represented By Joseph A Field Irving M Gross David L. Neale
Adam Ward Represented By
Joseph A Field Irving M Gross David L. Neale
Steve Sefchick Represented By Joseph A Field Irving M Gross David L. Neale
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen Joshua D Stadtler
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
2:00 PM
Adv#: 2:18-01240 Lite Solar Corp. v. Energy Wise Lightning, Inc. et al
Docket 42
NONE LISTED -
OFF CALENDAR. COURT APPROVED STIPULATION TRANSFERRING VENUE.
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 David L. Neale
Peter Greenberg Represented By Joseph A Field Irving M Gross David L. Neale
Movant(s):
Energy Wise Lightning, Inc. Represented By Joseph A Field Irving M Gross
2:00 PM
David L. Neale
Peter Greenberg Represented By Joseph A Field Irving M Gross David L. Neale
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen Joshua D Stadtler
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
10:00 AM
Docket 16
3/31/20 - Priscilla Garcia, (562)337-6038, has been approved for telephonic appaerance on 4/1/20 @ 10am.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
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.
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):
Priscilla Michelle Garcia Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Docket 15
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Motion was not served on creditors. Debtor hasn't paid installment due March 19, 2020. If debtor lacks sufficient income to pay the filing fee in full or even in installments, how will debtor have sufficiently regular income to make chapter 13 plan payments? Does debtor even have regular income?
Hearing required.
Debtor(s):
Frankie Dale Vernail Jacobs Sr. Pro Se
Movant(s):
Frankie Dale Vernail Jacobs Sr. Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 132
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant motion. Sustain objection. Allow claims 3, 4 and 11 as fully secured, not entitled to a dividend. APPEARANCES WAIVED. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
California Sandblasting & Coating, Pro Se
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
fr. 2-19-20, 3-11-20
Docket 40
3/27/20 - Greg Campbell, (805)440-3703, has been approved for telephonic appearance on 4/1/20 @ 10am
3/31/20 - Eugena Lawler, (323)802-8159, has been approved for telephonic appearance on 4/1/20 @ 10am
Tentative Ruling for February 19, 2020:
There does not need to be a deduction from the value for recalls. A dealer will perform any required repair work without charging the consumer. The declaration states that the Edmunds valuation is $768. This appears to be a typographical error. The valuation debtor asserts now is inconsistent with the values she has previously assigned to the vehicle.
Continue hearing to give lienholder an opportunity to examine and obtain an appraisal of the vehicle.
Final Ruling for February 19, 2020:
Continue hearing to March 11, 2020 at 11:00 pursuant to a stipulation between the parties.
Tentative Ruling for March 11, 2020:
Has lender now obtained a valuation of the vehicle? Debtor has not
10:00 AM
responded to issues raised in February 19 tentative. Hearing required.
3/10/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 10:00 a.m. OFF CALENDAR FOR MARCH 11, 2020.
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Debtor cannot deduct the cost of registration from the value of the vehicle. The only evidence of value that the debtor has provided is the Edmunds report, which shows a value, even in rough condition, of $7,761. It is unclear why the debtor thinks it would be appropriate for her to redeem the vehicle at a value of $768, let alone $500. Lienholder has provided a NADA report showing a much higher value and requested an opportunity to inspect the vehicle. Lienholder has now had such an opportunity, but has not filed anything.
Hearing required.
3/31/20 -- Court approved stipulation continuing hearing to April 15, 2020 at
11. OFF CALENDAR FOR APRIL 1, 2020.
Debtor(s):
Eugena Renee Lawler Pro Se
Movant(s):
Eugena Renee Lawler Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 64
3/27/20 - Greg Campbell, (805)440-3703, has been approved for telephonic appearance on 4/1/20 @ 10am
3/31/20 - Eugena Lawler, (323)802-8159, has been approved for telephonic appearance on 4/1/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Debtor's schedules value the vehicle at $3,560.54. Perhaps debtor meant to value the vehicle at $1,657 and completed the schedule wrong? In any event, this is significantly more than the $768 (or $500) that the debtor now claims the vehicle is worth. Why the change and where did the first figure come from? (Debtor may not include the cost of registration or a personalized license plate as deductions from the value.)
Has debtor provided a printout from Edmunds showing any value for the vehicle? Court was unable to locate that in the moving papers. (NOTE: The motion had already been denied. Filing a supplemental declaration is not sufficient, but court has treated the debtor's declaration as a new motion.)
Debtor(s):
Eugena Renee Lawler Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
10:00 AM
Docket 1
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Continue case status conference to April 2, 2020 at 10:00 to be heard concurrently with final hearing on interim financing. OFF CALENDAR FOR APRIL 1, 2020. NO APPEARANCE REQUIRED.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
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.
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 L/D to complete mediation -- December 18, 2019
11:00 AM
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.
12/20/19 -- Court approved scheduling order setting following dates:
1/6/2020 -- L/D for debtor to file objections to claims of State Compensation Insurance Fund and 1 West Capital;
3/20/2020 -- L/D for debtor to file updated status report 3/31/2020 -- L/D for debtor to file plan and disclosure statement 4/1/2020 at 11:00 a.m. -- Cont'd case status conference
3/27/20 -- Court approved stipulation setting following dates:
L/D for debtor to file plan and disclosure statement -- June 30, 2020 Cont'd status conference -- June 30, 2020 at 11:00 a.m.
OFF CALENDAR FOR APRIL 1, 2020.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
11:00 AM
fr. 1-29-20, 3-4-20, 3-18-20, 3-26-20
Docket 323
NONE LISTED -
Grant Chase's request for continuance to give lender an opportunity to obtain an appraisal and conduct discovery.
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan Jeffrey I Golden
Movant(s):
Samuel Michael Saber Represented By
Eric Bensamochan Eric Bensamochan Jeffrey I Golden
11:00 AM
Jeffrey I Golden
11:00 AM
fr. 3-4-20, 3-18-20, 3-26-20
Docket 338
NONE LISTED -
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020. (Court approved
stipulation extending reply deadline to May 4, 2020.)
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan Jeffrey I Golden
11:00 AM
fr. 8-1-18, 11-7-18, 2-6-19, 8-7-19, 7-3-19, 9-11-19, 1-8-20, 3-4-20, 3-18-20,
3-26-20
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.
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
11:00 AM
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.
9/13/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 8, 2020 at 2:00 pm
L/D for debtor to file second amended plan and disclosure statement -- November 13, 2019
Hearing on disclosure statement -- January 8, 2020 at 2:00 pm Requirement of filing case status report waived
11/12/19 -- Court granted motion to extend time to file plan and continue confirmation hearing date to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2020.
1/30/20 -- Court approved stipulation continuing deadline for debtors to file amended plan and disclosure statement and continuing hearing on disclosure statement and case status conference to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020.
11:00 AM
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan Jeffrey I Golden
11:00 AM
fr. 9-12-19, 9-26-19;12-3-19;12-4-19, 12-18-19
Docket 135
3/31/20 - Crystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 4/1/20 @ 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:
11:00 AM
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit this matter after conclusion of related matters on calendar.
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 in Accordance with its Proposed Budget
Granting Replacement Liens
Docket 206
3/31/20 - Crystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 4/1/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Is debtor currently operating at this point or are operations shut down? If the latter, how much cash will the debtor require on a going forward basis to maintain the status quo until operations can be restored?
Hearing required.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Movant(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub
11:00 AM
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, 12-3-19, 12-4-19,
12-18-19
Docket 1
3/31/20 - Crystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 4/1/20 @ 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
11:00 AM
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?
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit this matter after conclusion of related matters on calendar.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
2:00 PM
Docket 475
3/24/20 - Elissa Miller (213)617-5234, has been approved for telephonic appearance on 4/1/20 @ 2pm
3/31/20 - Johnny White, (310)478-4100, has been approved for telephonic appearance on 4/1/20 @ 2pm.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Approve trustee's final report in full. Court agrees that, if TF Properties would like the additional language it requested in an order approving the trustee's final report, it may upload an order containing that language. The form of the order should first be reviewed by the U.S. Trustee and the chapter 7 trustee. APPEARANCES WAIVED. PARTIES ARE AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Gerson Irving Fox Represented By David B Golubchik
Michael D Dempsey
Trustee(s):
Elissa Miller (TR) Represented By Leonard M Shulman Ryan D O'Dea
2:00 PM
Docket 100
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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 11
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Debtor's counsel has now filed disclosure of compensation. Unless U.S. Trustee would prefer to handle this in some other way, deny motion as moot. Waive appearances. U.S. Trustee should lodge order consistent with tentative ruling.
Debtor(s):
K C 701 Partnership Represented By Andrew K Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Authorizing Debtor To Obtain Secured Post-Petition Financing Pursuant To Section 364 Of The Bankruptcy Code
Authorizing The Use Of Cash Collateral Pursuant To Section 363 Of The Bankruptcy Code
Granting Liens
Scheduling A Final Hearing
Granting Related Relief fr. 3-5-20
Docket 20
NONE LISTED -
Tentative Ruling for March 5, 2020:
Debtor has had the property on the market since September of 2019. Have there been any offers? If so, what have those offers been? Have any prospective buyers toured the property in person?
Is there really any value in the property above and beyond the liens at this point in time? Are properties in this price range currently selling well? If there is equity, secured lenders are not likely to get relief from stay to foreclosure in the near future. Would approving this loan serve to merely make it less likely that unsecured creditors will be able to recover anything from any equity in the property? Would it be better for the debtor to negotiate a prompt sale of his Bentley and his art collection? (According to SOFA, Bentley has been
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pawned.)
Where did the $5,000 post petition payment that the debtor received come from? Home maintenance runs $8,700 per month? What needs to be done to the house each month for this cost? Utilities are $4,700 per month?
Variances are excessive. Lender is agreeing to permit debtor to use its cash collateral. What cash collateral? Lender is also taking a pledge of all of the debtor's personal property, which is currently unencumbered? What collateral will be in a secured storage facility?
Debtor's SOFA shows no income for 2018, 2019 and 2020. How has debtor been paying his living expenses?
One of the events of default is the debtor's sale of the property without the lender's written consent or "any proceeding, action, petition or filing in the Debtor's bankruptcy case in direct violation of the Loan Document." In the event of default, even without first foreclosing, the lender may exercise all voting, consensual and other powers of ownership pertaining to the collateral as if the lender were the sole and absolute owner of the collateral? The court cannot approve a loan with these provisions in the context of a bankruptcy case. The lender cannot be the debtor in possession. Court would have to appoint a trustee.
Do the parties contemplate that disputes under this agreement will be resolved by a referee rather than by the bankruptcy court?
Based on the terms of this agreement, it is clear that the debtor is desperate and that the lender has him over a barrel. Otherwise, why would he agree to such terms? Can this debtor be trusted to act as a fiduciary for the benefit of his creditors?
Hearing required.
Final Ruling for March 5, 2020:
Authorize debtor to borrow on an interim basis up to $30,000 between the petition date and the conclusion of the final hearing on use of cash collateral
10:00 AM
to pay expenses set forth on his budget, without a variance. Set final hearing for April 2, 2020 at 10:00 a.m. Lender will receive lien junior to existing encumbrances to secure repayment. Debtor is not authorized to use the loan proceeds to make payment on his Bentley. Debtor should file and serve any amended papers with revisions to budget and declaration setting forth his actual expenditures not later than March 26, 2020. Any supplemental oppositions may be interposed at the hearing. (See written order entered March 6, 2020 for additional terms.)
Tentative Ruling for April 2, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Deny motion to strike. The court ordered the debtor to file updated numbers and to set forth how much he had actually spent by March 26, 2020. Court set a deadline for supplemental oppositions -- the hearing on April 2, 2020. This supplemental opposition was filed on March 24, well in advance of the deadline the court set for this purpose. It was never this court's intention to bar creditors from filing further oppositions. The initial hearing was set on shortened time. Creditors have to be given a further opportunity to oppose the motion. However, court agrees that, if Bobs wants the case dismissed, it will need to file a motion to dismiss. An opposition to a financing motion cannot suffice for this purpose.
Court has a few questions concerning the attachment to the debtor's March 26, 2020 declaration. Hearing required.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
Movant(s):
Gennady Moshkovich Represented By
10:00 AM
David B Golubchik Todd M Arnold
10:00 AM
[OST]
Docket 48
NONE LISTED -
Deny motion. Suspension is not what the debtor seems to think it is. Section 305(a) does not give a bankruptcy court the authority to give the debtor the benefit of the automatic stay, approve its financing request and deny any other party the ability to do anything in the case for a set period of time.
Suspension or dismissal under section 305(a) is a decision by the bankruptcy court to refrain from exercising jurisdiction over the case. Suspension is like dismissal of the case, but with a retention of jurisdiction to see whether the case should be resurrected at some time in the future. During the period of the suspension, it is as if the case is not in bankruptcy anymore. There would not be an automatic stay and the debtor would not be able to avail itself of any of the powers that would otherwise be available to a debtor in bankruptcy.
Suspension would be appropriate if the debtor believed (and the court agreed) that there was a nonbankruptcy alternative that would better resolve the debtor's current financial problems. Here, that does not appear to be the case. Suspension would result in Bobs' foreclosing on the property that is the debtor's sole asset.
For example, in In re Mazzocone, 183 B.R. 402 (Bankr. E.D. Pa. 1995), the court weighed whether to dismiss or convert the case and eventually decided that dismissal was the better option. Instead of actually dismissing, however, the court decided to suspend the case for a period of 6 months to see whether the debtor's nonbankruptcy game plan would work. The court ordered the parties to file status reports in six months, at which point in time the court would decide whether to dismiss the case, convert it to chapter 7 or
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suspend if for another finite time period. In connection with the suspension, the court said, “As a result, this case shall be considered and treated in all respects as if it were dismissed pending the status hearing referenced below.”
In another case, Curtis Papers, Inc. v. Town of Adams (In re Curtis Papers, Inc.), 2008 Bankr. LEXIS 114 (Bankr. D.N.J. 2008), the bankruptcy court suspended a case shortly after an involuntary petition was filed because there was litigation going on in state court that might resolve all the relevant issues. After those proceedings didn’t go quite the way the debtor wanted, the debtor tried to argue that actions taken by the Town of Adams after the petition was filed were void due to the automatic stay because the case had merely been suspended and not dismissed. The court rejected the debtor’s argument.
The court offered the following explanation for this result,
Ordinarily, the commencement of an involuntary case gives rise to the imposition of the automatic stay. [Citations omitted.] There are precious few cases dealing directly with the issue of whether the automatic stay is in effect while a suspension order has been issued in favor of another proceeding.
The majority of reported decisions that impose the automatic stay even though the Bankruptcy proceedings have been "suspended" did so for a limited period of time to enable the parties to accomplish a specific act. The Debtor cites two cases where the creditors were granted relief from stay, and asks this court to infer that the stay was presumed in effect during the suspension. However, these cited cases can be readily distinguished
from the case at hand because these bankruptcy proceedings were not suspended pending a decision on a limited issue pending in state court but rather, the entire case was essentially transferred to another forum. The order suspending the proceedings in this case provided that: "All proceedings in this case shall be suspended, subject to being reactivated by further order of this Court as provided in this Order after motion by any Petitioning Creditor or Lender[,]" and "[t]he Court may lift the suspension of proceedings in this case upon a finding, after notice and hearing, that the lifting of the suspension of proceedings in this case is in the best interests of all creditors and the Debtor." (Order Suspending Proceedings). That language indicates only that the Court could recall the case back to the bankruptcy court if at some point and for some reason, the Bankruptcy court deemed that revival was in the best interest of all parties. In other words, this bankruptcy case, such as it
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was, sat moribund for well over 2 years while liquidation functions were supervised by a state court.
Interestingly, a recent case from the Bankruptcy Court in the Southern District of New York is the most factually apposite to the facts presented here. In In re Compania de Alimentos Fargo, S.A. 376 B.R. 427, 441 (Bankr SDNY, 2007), a party asked the court to "suspend rather than dismiss the involuntary case, leave the automatic stay in place, and take another look at the progress in Argentina [where a foreign liquidation proceeding was pending] in the future." The Fargo court declined to suspend the proceedings, indicating that "the automatic stay is not an end unto itself, but a protection a debtor gets to allow it to reorganize. If the reorganization serves no purpose, the automatic stay cannot give it a purpose." The Bankruptcy Court essentially declined to "oversee" liquidation or reorganization proceedings in another court, and dismissed the involuntary proceeding.
Curtis Papers, Inc. v. Town of Adams (In re Curtis Papers, Inc.), Nos.
03-46139 (KCF), 07-1245, 2008 Bankr. LEXIS 114, at *11-15 (Bankr. D.N.J.
Jan. 9, 2008)
However, court is aware of the current situation caused by the COVID-19 and will certainly take into account whether the debtor can currently market the property in connection with any deadlines that it may establish in the case.
Court will address issues that arise in this bankruptcy on a case by case basis and decide how and to what extent it should take into account the problems created by COVID-19.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
10:00 AM
Docket 1
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Continue case status conference to April 2, 2020 at 10:00 to be heard concurrently with final hearing on interim financing. OFF CALENDAR FOR APRIL 1, 2020. NO APPEARANCE REQUIRED.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
11:00 AM
Docket 43
NONE LISTED -
NONE LISTED -
Debtor(s):
Gustavo Alfredo Meza Represented By Thomas B Ure
Joint Debtor(s):
Jessica Rose Murphy Represented By Thomas B Ure
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
fr. 3-10-20
Docket 97
NONE LISTED -
NONE LISTED -
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 99
NONE LISTED -
NONE LISTED -
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 40
NONE LISTED -
NONE LISTED -
Debtor(s):
Raquel Alvarado Represented By Matthew D. Resnik
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Manuel A Deras Pro Se
Joint Debtor(s):
Cecilia Deras Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
fr. 2-10-20
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Audwin Gene McCoy Represented By Daniel King
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Elio Ernesto Aleman Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 16
NONE LISTED -
NONE LISTED -
Debtor(s):
Antony Calix Garcia Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Albert Anthony Morales Jr. Represented By Barry E Borowitz
Joint Debtor(s):
Arely Morales Represented By Barry E Borowitz
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Albert Anthony Morales Jr. Represented By Barry E Borowitz
Joint Debtor(s):
Arely Morales Represented By Barry E Borowitz
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Tamera Anne Lawrence Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Tania Noemi Arenas Represented By
Michael H Colmenares
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 23
NONE LISTED -
NONE LISTED -
Debtor(s):
Elizabeth Damato Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Hipatia Aguirre Represented By
Michael H Colmenares
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 17
NONE LISTED -
NONE LISTED -
Debtor(s):
Eric Morales Represented By
Nicholas M Wajda
Joint Debtor(s):
Marykate Lorraine Morales Represented By Nicholas M Wajda
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Neil Lee Abeyta Represented By Daniel King
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 16
NONE LISTED -
NONE LISTED -
Debtor(s):
Jacobo Vargas Represented By Jose Cervantes
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Lisa Way Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Rocio Plazola Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Taylor Smith Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Emerson Noe Rivera Represented By Marlin Branstetter
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 28
NONE LISTED -
NONE LISTED -
Debtor(s):
Elizabeth Rodriguez Represented By Caroline S Kim
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Travis J. Takahashi Represented By Raymond H. Aver
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Luis Alberto Hernandez Represented By Michael E Clark
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Javier Gonzalez Gonzalez Jr. Represented By Heather J Canning
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Steven Lien Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Chunyuan Liu Represented By Maria W Tam
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Thomas William Brubaker Represented By Daniel King
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Mozafar Tabibnia Represented By David S Hagen
Joint Debtor(s):
Elaheh Tabibnia Represented By David S Hagen
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Filoted Rivera Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Steve Lewis Represented By
Allan D Sarver
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Jose T Gonzalez Vela Represented By Lauren M Foley
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Evelyn M Lopez Turcios Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 15
NONE LISTED -
NONE LISTED -
Debtor(s):
Kevin Huntelman Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 22
NONE LISTED -
NONE LISTED -
Debtor(s):
MICHAEL T WADA Represented By Edwin Hur
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: MINGHO CHEN
Docket 38
4/6/20 - Luke Daniels (626)716-7329, has been approved for telephonic appearance on 4/7/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant without waiver of Rule 4001(a)(3) or annulment.
Debtor(s):
Eunho Kim Represented By
Simon S Chang
Movant(s):
Mingho Chen Represented By Luke P Daniels
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: FLAGSTAR BANK, FSB
Docket 26
4/6/20 - Erin McCartney, (14)848-7920, has been approved for telephonic appearance on 4/7/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Donald G. Melton Represented By Stephen L Burton
Movant(s):
Flagstar Bank, FSB Represented By
Erin M McCartney
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 15
3/19/20 - Scheduling and Case Management Conference and Order to Show Cause re: Dismissal is currently set for: APRIL 29, 2020 @ 10AM.
4/6/20 - John Ellis, (213)894-2740, has been approved for telephonic appearance on 4/7/20 @ 10:30am
4/6/20 - John-Patrick M. Fritz, (310)229-1234, has been approved for telephonic appearance on 4/7/20 @ 10:30am
4/6/20 - Stell Havkin, (818)999-1568, has been approved for telephonic appearance on 4/7/20 @ 10:30am
Tentative Ruling for March 20, 2020:
Provided service is adequate, authorize debtor to use cash collateral purpose of paying operating expenses in accordance with budget plus a 10 percent variance. All lenders shall receive replacement lien on all post-petition assets, other than avoiding power recoveries, to secure the diminution in value of their prepetition collateral. Post-petition liens shall have the same validity and priority as prepetition liens. Authorize use for interim period, pending hearing on a fully-noticed basis. Set final hearing on motion.
Final Ruling for March 20, 2020:
Grant motion on interim basis. Authorize debtor to spend between petition
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date and close of business on April 10, 2020 for wages, heath insurance, rent, utilities, up to a total of $45,000. Grant secured lenders replacement liens on all but avoiding power recoveries with same validity and priority as prepetition liens. Debtor should file and serve not later than March 31, 2020 updated budget and breakdown of amounts actually spent pursuant to interim order. Set final hearing for April 7, 2020 at 10:00 a.m. Oppositions due by noon on April 6, 2020.
[Order entered March 25, 2020. Stipulation with IRS approved by order entered March 25, 2020.]
Tentative Ruling for April 7, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
What is the debtor's response to the IRS's limited opposition?
Subject to the above, grant motion. Authorized debtor to continue to use cash collateral in accordance with budget, plus a 10 percent variance through June 30, 2020.
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
Movant(s):
Joffe Emergency Services Represented By Stella A Havkin
Trustee(s):
John-Patrick McGinnis Fritz (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, 7-30-19, 9-17-19, 12-17-19, 2-4-20
Docket 1
10/22/18 - Amended complaint filed. 10/25/18 - Another Summons issued 4/30/19 - Second Amended complaint filed.
4/6/20 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 4/7/20 @ 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:
2:00 PM
Set discovery cutoff for March or April 2020 and continued status conference for approximately 90 days.
Final Ruling for December 17, 2019:
Parties report that matter settled. Continue status conference to February 4, 2020 at 2 pm. Parties should file joint status report not later than January 21, 2020.
Tentative Ruling for February 4, 2020:
When does trustee anticipate filing 9019 motion? Hearing required. 2/25/20 -- Court approved compromise resolving action.
Tentative Ruling for April 7, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Trustee reports that trustee has received entirety of settlement payment and will be dismissing action shortly. Continue hearing to May 5, 2020 at 2:00
p.m. to give trustee an opportunity to dismiss case. APPEARANCES WAIVED ON APRIL 7, 2020.
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
2:00 PM
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#: 2:18-01442 Martinez v. Peters et al
fr. 2-26-19, 5-14-19, 8-27-19, 12-3-19
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.
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.
2:00 PM
12/4/19 -- Court approved scheduling order with following dates:
L/D to complete fact discovery -- April 17, 2020 Cont'd status conference -- April 7, 2020 at 2:00 p.m. L/D to file joint status report -- March 24, 2020
3/30/20 -- Court approved scheduling order with following dates: L/D to complete fact discovery -- July 10, 2020
Cont'd status conference -- July 14, 2020 at 2:00 p.m. L/D to file joint status report -- June 30, 2020
OFF CALENDAR FOR APRIL 7, 2020. NO APPEARANCE REQUIRED.
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
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez
Gomez
fr. 9-17-19, 11-5-19, 2-11-20
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.
11/6/19 -- Court entered scheduling order setting status conference for February 11, 2020 at 2:00 p.m. and setting deadline of January 21, 2020 for defendant to file motion to set aside default.
2:00 PM
Tentative Ruling for February 11, 2020:
Continue status conference for approximately 90 days. If defendant fails to file response to complaint within time limit set forth in response to motion on calendar as number 207, plaintiffs should take defendant's default, serve and file a motion for default judgment and set it for hearing at same date and time as continued status conference.
Tentative Ruling for April 7, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
At request of parties, continue status conference to July 14, 2020 at 2:00 p.m. Parties should file joint status report not later than June 30, 2020.
APPEARANCES WAIVED ON APRIL 7, 2020.
Debtor(s):
David Gomez Represented By
Raj T Wadhwani
Defendant(s):
David Gomez Pro Se
Plaintiff(s):
PEOPLE OF THE STATE OF Represented By Michael R Pinkston Maisie C Sokolove Christine S Hwang S Bradley Perkins Thomas E Fraysse Elizabeth Medrano Peter W Saltzman
2:00 PM
Justin T Curley
D Ward Kallstrom
ILWU-PMA WELFARE PLAN Represented By 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#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez
Docket 46
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant motion. It does not appear that the Court has set any deadlines (other than a deadline for defendant to respond to complaint, which he had).
Therefore, there are no dates to continue other than the status conference, which will be continued to July 14, 2020 at 2:00 p.m. Plaintiff should upload order consistent with this tentative ruling. APPEARANCES WAIVED ON APRIL 7, 2020.
Debtor(s):
David Gomez Represented By
Raj T Wadhwani
Defendant(s):
David Gomez Pro Se
Plaintiff(s):
PEOPLE OF THE STATE OF Represented By Michael R Pinkston Maisie C Sokolove Christine S Hwang S Bradley Perkins
2:00 PM
Thomas E Fraysse Elizabeth Medrano Peter W Saltzman Justin T Curley
D Ward Kallstrom
ILWU-PMA WELFARE PLAN Represented By 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#: 2:20-01019 First Financial Federal Credit Union v. Donohue
Docket 1
4/6/20 - Bruce Needleman (818)715-007, has been approved for telephonic appearance on 4/7/20 @ 2pm.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Where is the vehicle now and why hasn't the debtor returned the vehicle? Hearing required.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Plaintiff(s):
First Financial Federal Credit Union Represented By
Bruce P. Needleman
2:00 PM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Exclusivity Period For The Debtor To File A Plan Pursuant To 11 U.S.C. § 1121(e)(1)
Time Fixed In 11 U.S.C. § 1129(e) Within Which The Plan Must Be Confirmed
Docket 116
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Grant motion. Extend exclusivity period during which only debtor may file a plan from April 15, 2020 to June 30, 2020 and extend deadline for debtor to confirm plan filed March 18, 2020 from May 2, 2020 through June 30, 2020. APPEARANCES WAIVED. DEBTOR SHOULD LODGE ORDER CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
Docket 157
4/7/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 4/8/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
The claims objection process is not the appropriate procedure for the court to resolve a dispute about who owns or should be entitled to control the debtor. One side or the other should file an action for declaratory relief or a motion for relief from stay to permit the dispute to be resolved in state court.
Continue hearing to April 15, 2020 at 11:00 a.m. to be heard concurrently with US Trustee's motion to dismiss or convert. APPEARANCES WAIVED ON APRIL 8, 2020.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Docket 158
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
The claims objection process is not the appropriate procedure for the court to resolve a dispute about who owns or should be entitled to control the debtor. One side or the other should file an action for declaratory relief or a motion for relief from stay to permit the dispute to be resolved in state court.
Continue hearing to April 15, 2020 at 11:00 a.m. to be heard concurrently with US Trustee's motion to dismiss or convert. APPEARANCES WAIVED ON APRIL 8, 2020.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Docket 75
4/7/20 - Raymond Aver, (310)571-3511, has been approved for telephonic appearance on 4/8/20 @ 10am
4/7/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearanc eon 4/8/20 @ 10am
4/7/20 - Jim Persico, (203)842-5555, has been approved for telephonic appearance on 4/8/20 @ 10am
4/7/20 - Gregory Vizza, (215)569-5702, has been approved for telephonic appearance on 4/8/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Mr. Aver's supplemental declaration addresses most of the issues raised by the US Trustee, but does not include a copy of his retainer agreement. Is there some reason this wasn't provided? Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver Jason E Turner
10:00 AM
Docket 86
4/7/20 - Raymond Aver, (310)571-3511, has been approved for telephonic appearance on 4/8/20 @ 10am
4/7/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearanc eon 4/8/20 @ 10am
4/7/20 - Jim Persico, (203)842-5555, has been approved for telephonic appearance on 4/8/20 @ 10am
4/7/20 - Gregory Vizza, (215)569-5702, has been approved for telephonic appearance on 4/8/20 @ 10am
OFF CALENDAR. ADVANCED TO MARCH 31, 2020.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
10:00 AM
fr. 2-26-20, 3-18-20
Docket 9
4/7/20 - Raymond Aver, (310)571-3511, has been approved for telephonic appearance on 4/8/20 @ 10am
4/7/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearanc eon 4/8/20 @ 10am
4/7/20 - Jim Persico, (203)842-5555, has been approved for telephonic appearance on 4/8/20 @ 10am
4/7/20 - Gregory Vizza, (215)569-5702, has been approved for telephonic appearance on 4/8/20 @ 10am
Tentative Ruling for February 26, 2020:
Debtor should respond to questions raised by U.S. Trustee. In addition, court would like to know more about the circumstances that led the debtor to file bankruptcy, how the debtor came up with the valuations for its assets that are asserted in the motion, what the relationship is between the debtor and ABS Capital LLC and what "outside services" the debtor has included in its budget for $7,200.
Hearing required.
Final Ruling for February 26, 2020:
Court entered order March 2, 2020, granting motion on an interim basis,
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authorizing debtor to expend up to a total of $805,000 in accordance with budget, plus a 10 percent variance. See terms of order [docket no. 39] for additional provisions.
Tentative Ruling for March 18, 2020:
PARTIES ARE ENCOURAGED TO MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Benjamin Pouladian, who claims to be an unsecured creditor of the estate as well as the owner of an interest in the debtor, has objected to the motion.
The debtor and its remaining principals are currently embroiled in litigation with Pouladian. Based on the assertions made by Pouladian, the more appropriate course of conduct for him would be to move for the appointment of a trustee. The arguments advanced in the opposition do not appear to relate to whether or not the secured creditor's interest in collateral will be adequately protected if the debtor is permitted to use cash collateral.
Court agrees with Siena that changing values for accounts receivable, inventory and other assets need to be clarified, but court rejects the argument that the collateral available from the guarantor is irrelevant here. The authorities cited by Siena refer to an unsecured guaranty. Here, Siena has a second position lien on real property that appears to be worth substantially more than the combined amount of the loans against it. (And Siena does not appear to dispute the value asserted in the debtor's most recent appraisal.) Unlike the scenario in the Earth Lite case, the court here need not be concerned that the unsecured assets of the guarantor will be dissipated.
Siena has a perfected lien against real property that will not go anywhere. If Siena has concerns about the future of this case and whether the debtor has a viable game plan for making an exit from bankruptcy, the more appropriate vehicle to advance such an argument appears to be a motion for conversion, dismissal or appointment of a chapter 11 trustee.
Based on the debtor's valuations, Siena may be oversecured, which would entitle it to post-petition interest and fees due under its agreement, but that does not mean that Siena has a right to receive current payment of these
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amounts. Moreover, if the debtor's collateral values are inaccurate, and the adequate protection available to Siena comes from the collateral for its guarantee, Siena would not be entitled to receive post-petition interest and charges from the debtor, even though it would remain entitled to collect these amounts under the guaranty. As the Court cannot yet determine the source of funding for these charges, court is not inclined to require debtor to pay these amounts currently.
Discuss with debtor in possession how actual receipts/revenues are comparing with projections and the extent to which the debtor anticipates it will be able to continue its operations in light of recent developments.
Hearing required.
Final Ruling from March 18, 2020:
Grant. Authorize debtor to spend up to a total of $1,236,000 between the petition date and the close of business on April 10, 2020 pursuant to budget attached to the supplement. Court will conduct a further hearing on April 8, 2020 at 10:00 a.m.. Debtor should file and serve projections through April 30, 2020 by March 23, 2020. Debtor should file any revised budget and report on monies actually spent by April 1. Supplemental oppositions should be filed and served by April 6, 2020. (See March 23, 2020 order for additional terms.)
Tentative Ruling for April 8, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
10:00 AM
Docket 1
4/7/20 - Raymond Aver, (310)571-3511, has been approved for telephonic appearance on 4/8/20 @ 10am
4/7/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearanc eon 4/8/20 @ 10am
4/7/20 - Jim Persico, (203)842-5555, has been approved for telephonic appearance on 4/8/20 @ 10am
4/7/20 - Gregory Vizza, (215)569-5702, has been approved for telephonic appearance on 4/8/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit status of case after conclusion of related matters on calendar.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
10:00 AM
MOVANT: DAVIS SHAUN
Docket 16
3/24/20- David Lally, 949-500-7409, has been approved for telephonic appearance on 4/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3), but clarify in order that court is NOT granting relief from stay to permit state court to adjudicate property settlement issues.
Debtor(s):
Jaime J Andrachick Represented By Jaenam J Coe
Movant(s):
Davis Shaun Represented By
10:00 AM
Trustee(s):
David Brian Lally
John J Menchaca (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 TOYOTA RAV4 VIN# JTMDJREV4JD162246
MOVANT: TOYOTA LEASE TRUST
Docket 9
4/13/20 - Kirsten Martinez, (657)294-5060, has been approved for telephonic appearance on 4/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Victor Manuel Lopez Esqueda Represented By Francis Guilardi
Movant(s):
Toyota Lease Trust Represented By Kirsten Martinez
10:00 AM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 11
4/13/20 - Kirsten Martinez, (657)294-5060, has been approved for telephonic appearance on 4/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Jazmine Alyza Reynoso Pro Se
Movant(s):
Nissan Motor Acceptance Represented By Kirsten Martinez
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: TYMEOUT, LP A CA PARTNERSHIP
Docket 49
4/13/20 -Kristi Wells, (714)504-3277, has been approved for telephonic appearance on 4/14/20 @ 10am
4/13/20 - Louis Esbin, (661)305-8995, has been approved for telephonic appearance on 4/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
[Resolve matter no. 4.10 first]
See tentative ruling for matter no. 4.10.
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
Movant(s):
Tymeout, LP, a California Represented By
10:00 AM
Edward T Weber
10:00 AM
Docket 51
4/13/20 -Kristi Wells, (714)504-3277, has been approved for telephonic appearance on 4/14/20 @ 10am
4/13/20 - Louis Esbin, (661)305-8995, has been approved for telephonic appearance on 4/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
There are statutory requirements governing when a motion for relief from stay must be heard. Court cannot summarily continue hearing in response to ex parte application. Court must covene preliminary hearing within 30 days and can only set matter over for a final hearing if there is a reasonable likelihood that the party opposing relief from stay will prevail at the conclusion of the final hearing. (The final hearing must commence within 30 days after the conclusion of the preliminary hearing.)
Tentative Ruling on the merits:
Grant in part. Court is not willing to continue hearing to give debtor sufficient time to obtain an appraisal. Court agrees with movant that value of property
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is not the only issue relevant to the disposition of the motion for relief from stay and court cannot determine how much time would be necessary to obtain an appraisal under the circumstances. Moreover, debtor must have been aware of movant's efforts to obtain relief from stay in the prior bankruptcy case of Erick Pastor Juarez and therefore has had ample time to obtain an appraisal. (This bankruptcy was filed the day after the unopposed motion for relief from stay was granted in Pastor Juarez's bankruptcy case.)
However, court would like to hear whatever response the debtor may have to contention that this bankruptcy filing was part of a continued scheme to hinder, delay and defraud movant. What are the facts and circumstances surrounding the execution and recordation on June 5, 2019 of a deed of trust in favor of Erick Pastor Juarez, who filed a bankruptcy case with almost no assets and no income two months later and used the property address as his residence address? Accordingly, give debtor an additional week to file and serve a written response to the motion for relief from stay and continue hearing for approximately two weeks.
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
10:00 AM
MOVANT: US BANK, NA
Docket 45
4/13/20 - Arnold graff, (949)477-5060, has been approved for telephonic appearance on 4/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
This motion was not filed until two weeks after case was dismissed. Deny motion as moot. If there is another pending bankruptcy case that is currently preventing movant from proceeding with a foreclosure, movant should file motion in that case.
Debtor(s):
Orion Solar Racking, Inc. Represented By Stephen L Burton
Movant(s):
U.S. Bank NA, successor trustee to Represented By
Kelly M Kaufmann
10:00 AM
Arnold L Graff
10:00 AM
MOVANT: JEANETTE MCDONALD HENDERSON LIVING TRUST, DYANNA HENDERSON TRUSTEE
fr. 3-31-20
Docket 10
4/2/20 - Amended Motion for relief from stay filed.
4/13/20 - John Brockmeier, (310)425-3431, has been approved for telephonic appearance on 4/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Tentative Ruling for March 31, 2020:
Motion was filed on incorrect form. Movant should have used mandatory Form F4001-1.RFS.UD.MOTION. Deny motion without prejudice.
Appearances waived. Court will prepare order. Final Ruling for March 31, 2020:
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Continue hearing to April 14, 2020 at 10:00. Movant should file and serve amended motion using correct form. Oppositions will be due by hearing.
Tentative Ruling for April 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Local Bankruptcy Rule 4001-1(c) requires motions for relief from stay to be served on the debtor as well as the debtor's attorney. Was the debtor ever served with the motion or the amended motion? What actions occurred post- petition does movant seek to validate by obtaining an order annulling the stay? Hearing required.
Debtor(s):
Ok Cha Toon Represented By
Young K Chang
Movant(s):
Jeanette McDonald Henderson Pro Se
Trustee(s):
Rosendo Gonzalez (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,
11-5-19, 10-16-18, 11-27-18, 12-18-18, 3-19-19, 7-16-19, 11-5-19,11-19-19,
1-28-20, 2-25-20, 3-10-20
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.
4/13/20 - M. Mattthew Abbasi, (310)358-9341, has been approved for telephonic appearance on 4/14/20 @ 2pm
4/13/20 - Andrew Smyth, (323)933-8401, has been approved for telephonic appearance on 4/14/20 @ 2pm
4/3/20 - Related adversary transferred from San Fernando Valley - 1:19- ap-01127VK to Los Angeles - New Adversary No. 2:20-ap-01080BB is set for status conference and Motion for Default Judgment on 5/5/20 @ 2pm
Defaults have been entered as against Lynn Wolcott, Julie Taberdo and TD Foreclosure Services.
2:00 PM
The trustee is of the opinion that there are legal issues that can be resolved through a motion for partial summary adjudication. Set deadline for the filing of such motions and continue status conference to a date that can serve as a date for hearing on those motions.
9/20/17 -- Court approved scheduling order continuing status conference to November 14, 2017 at 2:00 p.m., ordering parties to file a joint status report not later than Octoer 31, 2017, ordering trustee to file and serve his motion for partial summary judgment against GB Inland Properties not later than September 26, 2017 and set it for hearing on November 14, 2017 at 2:00
p.m. and directing that any motion to vacate a default be filed not later than 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.
2:00 PM
Tentative Ruling for July 17, 2018:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for October 16, 2018:
(Where is status report that should have been filed October 2, 2018?) Plaintiff has now filed third amended complaint and defendants have answered. Defendants have brought motion for summary judgment that is 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.
2:00 PM
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.
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:
2:00 PM
Set date for pretrial conference and deadline for lodging pretrial order.
Tentative Ruling for January 28, 2020:
Impose sanctions of $250 on counsel for plaintiff for failing to participate in preparation of joint pretrial order. Court cannot use the material provided by defendants as a pretrial order as it is not in the correct format. Continue pretrial conference and (again) order parties to lodge a proposed pretrial order two weeks prior to date of continued conference.
Tentative Ruling for February 25, 2020:
Where are the facts (which the parties say are undisputed) that will enable the court to calculate the value of the deeds of trust? The pretrial order sets forth the procedural facts, but none of the underlying facts of this case.
Continue pretrial conference so parties can prepare a pretrial order that is useful.
Final Ruling for February 25, 2020:
Continue pretrial conference to March 10, 2020 at 2:00 p.m. to give parties an opportunity to lodge amended pretrial order. Parties should upload revised pretrial order by March 3, 2020.
Tentative Ruling for March 10, 2020:
Where is pretrial order that should have been uploaded by March 3, 2020?
Final Ruling for March 10, 2020:
Continue pretrial conference to April 14, 2020 at 2:00 p.m. Parties should upload proposed joint pretrial order not later than March 31, 2020.
Tentative Ruling for April 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
2:00 PM
APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Where is pretrial order that should have been uploaded by March 31, 2020?
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 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
2:00 PM
Trustee(s):
Matthew Abbasi
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
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,
6-11-19, 9-17-19, 1-28-20
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.
9/26/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 28, 2020 at 2:00 p.m. L/D to file updated status report -- January 14, 2020
L/D to complete mediation -- January 28, 2020
L/D to conduct nonexpert fact discovery -- December 30, 2019
L/D to designate experts and exchange expert reports -- December 30, 2019 L/D to conduct expert witness discovery -- February 28, 2020
12/30/19 -- Court entered scheduling order with following dates: Cont'd status conference -- April 14, 2020 at 2:00 p.m.
L/D to file updated status report -- March 31, 2020 L/D to complete mediation -- April 13, 2020
L/D to conduct nonexpert fact discovery -- March 30, 2020
L/D to designate experts and exchange expert reports -- March 30, 2020 L/D to conduct expert witness discovery -- May 29, 2020
3/25/20 -- Court approved stipulation continuing dates as follows: Cont'd status conference -- July 21, 2020 at 2:00 p.m.
L/D to file updated status report -- July 7, 2020
2:00 PM
L/D to complete mediation -- July 21, 2020
L/D to conduct nonexpert fact discovery -- June 30, 2020
L/D to designate experts and exchange expert reports -- June 30, 2020 L/D to conduct expert witness discovery -- August 29, 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 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, 1-28-20, 6-11-19, 9-17-19
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?
9/26/19 -- Court approved scheduling order vacating discovery cutoff and waiving requirement that status report be filed in connection with January 28, 2020 status conference.
Tentative Ruling for January 28, 2020:
Continue status conference to April 14, 2020 at 2:00 p.m. to coincide with continued status conference in related matter. Parties need not file status report in connection with April status conference. APPEARANCES WAIVED ON JANUARY 28, 2020.
3/31/20 -- Court approved stipulation continuing hearing to July 21, 2020 at 2:00 p.m. to coincide with status conference in related matter. Parties need not file status report in connection with July status conference.
APPEARANCES WAIVED ON APRIL 14, 2020.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Alice Yick Flanagan Represented By
2:00 PM
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#: 2:19-01062 Gonzalez v. Sanchez et al
Sanchez
fr. 5-7-19, 9-10-19, 1-14-20
Docket 1
NONE LISTED -
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?
Tentative Ruling for January 14, 2020:
Status report states that, if the trustee's proposed compromise is approved, Darnell will be substituted in as plaintiff in this action in lieu of the trustee.
Have all the existing claims been resolved? If so, does Darnell plan to file an amended complaint or should Darnell file a new adversary proceeding
2:00 PM
asserting these claims? Are there statute of limitations issues? Hearing required.
Tentative Ruling for August 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Court is reluctant to set discovery cutoff at this time in light of current pandemic situation. Continue status conference to July 21, 2020 at 2:00 p.m. Parties should file updated status report by July 7, 2020. APPEARANCES WAIVED ON APRIL 14, 2020.
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
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
fr. 9-17-19, 10-1-19, 11-5-19, 1-28-20
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.
11/13/19 -- Court entered order granting motion to dismiss second claim for relief (523(a)(4)) without leave to amend and granting with regard to claims under section 523(a)(2)(A) and 523(a)(6) with leave to amend. Amended complaint must be filed and served by November 26, 2019. Defendant shall file and serve response not later than January 7, 2020.
Tentative Ruling for January 28, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
2:00 PM
3/24/20 -- Court approved stipulation continuing status conference to May 12, 2020 at 2:00 p.m. OFF CALENDAR FOR APRIL 14, 2020.
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#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor
fr. 1-14-20, 2-25-20
Docket 1
NONE LISTED -
Tentative Ruling for January 14, 2020:
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 January 14, 2020:
Continue status conference to February 25, 2020 at 2:00 p.m. Plaintiff should file and serve motion for default judgment not later than February 4, 2020 and set it for hearing on February 25, 2020 at 2:00 p.m.
Tentative Ruling for February 25, 2020:
Where is the default judgment motion that should have been filed by February 4? Tentative Ruling for April 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Continue status conference to April 28, 2020 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON APRIL 14, 2020.
2:00 PM
Debtor(s):
Stephanie Monique Victor Represented By
D Justin Harelik
Defendant(s):
Stephanie Monique Victor Pro Se
Plaintiff(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01485 Vons Credit Union, a Federal Credit Union v. Martinez
fr. 1-14-20
Docket 1
4/13/20 - Leon Bayer, (213)629-8801, has been approved for telephonic appearance on 4/14/20 @ 2pm
Where is declaration that should have accompanied filing of unilateral status report? Hearing required.
2/21/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- April 14, 2020 at 2:00 p.m.
L/D to file joint status report -- March 31, 2020
L/D to lodge order appointing mediators -- January 31, 2020 L/D to complete mediation -- April 14, 2020.
2/26/20 -- Court approved order appointing mediators.
Tentative Ruling for April 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Parties both report that they do not need any discovery to be ready for trial. Court set a deadline for the completion of mediation, but it appears that
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mediation has not occurred, which is not surprising under the circumstances. Set a pretrial conference in three to four months and extend deadline for completion of mediation until date of pretrial conference.
Debtor(s):
Veronica Martinez Represented By Marjorie S Archer
Defendant(s):
Veronica Martinez Represented By
Andrew Edward Smyth
Plaintiff(s):
Vons Credit Union, a Federal Credit Represented By
Leon D Bayer Marcus G Tiggs
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 36
4/14/20 - Anita Khachikyan, (818)243-8500, has been approved for telephonic appearance on 4/15/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
New motion was filed with same proof of service from prior motion. Motion not supported by any meaningful evidence of fair market value. How did declarant arrive at this figure? Debtor has not claimed an exemption in this property.
Debtor(s):
Haroutian S. Menedjian Represented By Khachik Akhkashian Anita Khachikyan
Movant(s):
Haroutian S. Menedjian Represented By Khachik Akhkashian Anita Khachikyan
11:00 AM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 156
4/8/20 - Carmela Pagay, (310)229-1234, has been approved for telephonic appearance n 4/15/20 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Approve sale. If trustee would like order to include a 363(m) finding, court will need a supplemental declaration describing how trustee located this purchaser. APPEARANCES WAIVED. Trustee should upload order (and supplemental declaration) consistent with tentative ruling.
Debtor(s):
Golden Vista Construction Inc Represented By Jason Wallach
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
11:00 AM
Docket 125
4/14/20 - Roksana Moradi-Brovia, (310)877-8002, has been approved for telephonic appearance on 4/15/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Have the debtors completed making all payments due under their plan, or are they seeking an early discharge before all payments have been made? (It appears from the motion that it is the latter.) If so, why should the plan be modified to give them a discharge earlier than the plan contemplated?
Hearing required.
Debtor(s):
Patrick Sweeney Represented By
M. Jonathan Hayes Roksana D. Moradi-Brovia
Joint Debtor(s):
Claudine Sweeney Represented By
M. Jonathan Hayes Roksana D. Moradi-Brovia
11:00 AM
Docket 361
NONE LISTED -
3/31/20 -- Court approved stipulation continuing hearing to April 29, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 15, 2020.
Debtor(s):
Samuel Michael Saber Represented By
Eric Bensamochan Jeffrey I Golden
11:00 AM
Docket 1
4/7/20 - Lovee Sarenas, (213)599-7884, has been approved for telephonic appearance on 4/15/20 @ 11am
4/9/10 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/15/20 @ 11am
4/13/20 - Richard Baum, (310)286-9525, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Najah Shariff, (213)894-2534, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Roksana Moradi-Brovia, (310)877-8002, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Thomas Shuck (213)683-6623, has been approved for telephonic appearance on 4/15/20 @ 11am
9/16/19 -- Court approved stipulation between US Trustee and debtor concerning the appointment of a patient care ombudsman.
11:00 AM
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.
Final Ruling for October 2, 2019:
Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file and serve updated status report not later than January 3, 2020.
Tentative Ruling for January 15, 2020:
Status report was filed belatedly on January 12, 2020. Has debtor filed the valuation motions referenced in the status report? When/how does the debtor anticipate resolving the issues concerning Gentle Care Transport, Inc.
Hearing required.
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Where is the status report that the Court directed the debtor to file by April 3, 2020?
Revisit status of case after conclusion of hearing on U.S. Trustee's motion to dismiss or convert.
11:00 AM
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
Docket 161
4/7/20 - Lovee Sarenas, (213)599-7884, has been approved for telephonic appearance on 4/15/20 @ 11am
4/9/10 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/15/20 @ 11am
4/13/20 - Richard Baum, (310)286-9525, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Najah Shariff, (213)894-2534, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Roksana Moradi-Brovia, (310)877-8002, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Thomas Shuck (213)683-6623, has been approved for telephonic appearance on 4/15/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS
11:00 AM
TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor's response/opposition to the motion, which is not accompanied by a declaration, is that there are two individuals running the company with whom counsel has contact -- one of whom overseas operations [Ms. Safarian] and one of whom [Mr. Spiro] oversees finance and "quantitative analysis." Counsel explains that, "after not hearing from either for some time, Mr. Spiro advised undersigned counsel yesterday [March 31, 2020] that he has been in and out of the hospital in March with presumed covid. He further represents that he has been at home and in quarantine and has not been well." Counsel goes on to state that, without Mr. Spiro, he cannot adequately do his job.
Counsel does not explain why he hasn't heard from the other individual, Ms. Safarian.
Debtor has not been performing the required functions of a debtor in possession and will not be able to do so without Mr. Spiro, who is not in a position to perform these functions. Accordingly, grant motion. Appoint chapter 11 trustee to run what the parties seem to agree could well be a profitable business during a pandemic [running a medical transport company].
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
11:00 AM
Docket 158
4/9/10 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/15/20 @ 11am
4/13/20 - Richard Bau, (310)286-9525, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Thomas Shuck (213)683-6623, has been approved for telephonic appearance on 4/15/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
The claims objection process is not the appropriate procedure for the court to resolve a dispute about who owns or should be entitled to control the debtor. One side or the other should file an action for declaratory relief or a motion for relief from stay to permit the dispute to be resolved in state court, if it really even matters. (In other words, is there any value available for equity in this
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case. And, if the court appoints a trustee, there will not be any issue concerning control and trustee can look into issues raised by claimants.)
Continue hearing to give trustee an opportunity to evaluate how to proceed once he/she has analyzed underlying issues.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
Docket 157
4/7/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 4/8/20 @ 10am
4/9/10 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/15/20 @ 11am
4/13/20 - Richard Baum, (310)286-9525, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Thomas Shuck (213)683-6623, has been approved for telephonic appearance on 4/15/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
The claims objection process is not the appropriate procedure for the court to resolve a dispute about who owns or should be entitled to control the debtor. One side or the other should file an action for declaratory relief or a motion for relief from stay to permit the dispute to be resolved in state court, if it really even matters. (In other words, is there any value available for equity in this case. And, if the court appoints a trustee, there will not be any issue
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concerning control and trustee can look into issues raised by claimants.)
Continue hearing to give trustee an opportunity to evaluate how to proceed once he/she has analyzed underlying issues.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
fr. 2-19-20, 3-11-20, 4-1-20
Docket 40
4/10/20 - Josephine Salmon, (858)750-7619, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Joseph Delmotte, (858)750-7639, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Eugena Lawler, (323)802-8159, has been approved for telephonic appearance on 4/15/20 @ 11am
Tentative Ruling for February 19, 2020:
There does not need to be a deduction from the value for recalls. A dealer will perform any required repair work without charging the consumer. The declaration states that the Edmunds valuation is $768. This appears to be a typographical error. The valuation debtor asserts now is inconsistent with the values she has previously assigned to the vehicle.
Continue hearing to give lienholder an opportunity to examine and obtain an appraisal of the vehicle.
Final Ruling for February 19, 2020:
Continue hearing to March 11, 2020 at 11:00 pursuant to a stipulation between the parties.
Tentative Ruling for March 11, 2020:
11:00 AM
Has lender now obtained a valuation of the vehicle? Debtor has not responded to issues raised in February 19 tentative.
Hearing required.
3/10/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 10:00 a.m. OFF CALENDAR FOR MARCH 11, 2020.
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Debtor cannot deduct the cost of registration from the value of the vehicle. The only evidence of value that the debtor has provided is the Edmunds report, which shows a value, even in rough condition, of $7,761. It is unclear why the debtor thinks it would be appropriate for her to redeem the vehicle at a value of $768, let alone $500. Lienholder has provided a NADA report showing a much higher value and requested an opportunity to inspect the vehicle. Lienholder has now had such an opportunity, but has not filed anything.
Hearing required.
3/31/20 -- Court approved stipulation continuing hearing to April 15, 2020 at
OFF CALENDAR FOR APRIL 1, 2020.
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS
11:00 AM
TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Tentative Ruling from April 1, 2020 remains unchanged.
Debtor(s):
Eugena Renee Lawler Pro Se
Movant(s):
Eugena Renee Lawler Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
[OST]
Docket 89
4/14/20 - Carolyn Dye, (310)902-5539, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - Kathy McCormick (909)626-7894, has been approved for telephonic appearance on 4/15/20 @ 11am
4/14/20 - George Paukert, (310)26-0180, has been approved for telephonic appearance on 4/15/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant.
Debtor(s):
Judith Anne Sanchez Represented By George J Paukert
11:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Docket 37
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Francisco Javier Hernandez-Gomez Represented By
Michael H Colmenares
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 203
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Young Keun Park Pro Se
Trustee(s):
Elissa Miller (TR) Represented By Annie Y Stoops Aram Ordubegian Arent Fox
Andy Kong
2:00 PM
Docket 28
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Michael Graham Frederich Represented By Russ W Ercolani
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
[Fees requested: $16,998.00, Expenses: $1,611.73]
Docket 40
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on interim basis fees of $16,998 and costs of $1,611.73. 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):
Seda Bederian Represented By Aris Artounians Christian T Kim
Trustee(s):
Carolyn A Dye (TR) Represented By Christian T Kim James A Dumas Jr
2:00 PM
[Fees requested: $3,374.50, Expenses: $140.40]
Docket 43
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Where is written statement from client? Assuming that is provided, grant application. Allow on interim basis fees of $3,374.50 and costs of $140.40. 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):
Seda Bederian Represented By Aris Artounians Christian T Kim
Trustee(s):
Carolyn A Dye (TR) Represented By Christian T Kim
2:00 PM
James A Dumas Jr
2:00 PM
Docket 100
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on interim basis distribution to trustee of amounts requested in application, namely, fees of $61,680 and no costs. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
[Fees requested: $28,560.50, Expenses: $338.45]
Docket 101
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Where is written statement from client? Assuming that is provided, grant application. Allow on interim basis fees of $28,560.50 and costs of $338.45. 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):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
an Interim Distribution to Creditors with Timely Filed and Allowed Claims
Payment of Administrative Claims
Docket 98
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion, as modified by supplement. Trustee is authorized to upload order consistent with tentative ruling. APPEARANCES WAIVED.
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 22
4/27/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearanc eon 4/28/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Gloria Adriana Quinones Valenzuela Represented By
Francis Guilardi
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
10:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 10
4/27/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearanc eon 4/28/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Elba Susana Gonzalez Pro Se
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 11
4/27/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearanc eon 4/28/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Nathaniel Luis Anthony Fonnegra Represented By
Eric Bensamochan
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 12
4/27/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearanc eon 4/28/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Nathaniel Luis Anthony Fonnegra Represented By
Eric Bensamochan
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
10:00 AM
MOVANT: TYMEOUT, LP A CA PARTNERSHIP fr. 4-14-20
Docket 49
4/27/20 - Louis Esbin, (661)305-8995, has been approved for telephonic appearance on 4/28/20 @ 10am
4/27/20 - Kristi Wells, (714)504-3277, has been approved for telephonic appearance on 4/28/20 @ 10am
Court granted, in part, ex parte application for continuance of hearing on this motion with the following tentative ruling:
There are statutory requirements governing when a motion for relief from stay must be heard. Court cannot summarily continue hearing in response to ex parte application. Court must covene preliminary hearing within 30 days and can only set matter over for a final hearing if there is a reasonable likelihood that the party opposing relief from stay will prevail at the conclusion of the final hearing. (The final hearing must commence within 30 days after the conclusion of the preliminary hearing.)
Tentative Ruling on the merits:
Grant in part. Court is not willing to continue hearing to give debtor sufficient time to obtain an appraisal. Court agrees with movant that value of property is not the only issue relevant to the disposition of the motion for relief from stay and court cannot determine how much time would be necessary to obtain an appraisal under the circumstances. Moreover, debtor must have
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been aware of movant's efforts to obtain relief from stay in the prior bankruptcy case of Erick Pastor Juarez and therefore has had ample time to obtain an appraisal. (This bankruptcy was filed the day after the unopposed motion for relief from stay was granted in Pastor Juarez's bankruptcy case.)
However, court would like to hear whatever response the debtor may have to contention that this bankruptcy filing was part of a continued scheme to hinder, delay and defraud movant. What are the facts and circumstances surrounding the execution and recordation on June 5, 2019 of a deed of trust in favor of Erick Pastor Juarez, who filed a bankruptcy case with almost no assets and no income two months later and used the property address as his residence address? Accordingly, give debtor an additional week to file and serve a written response to the motion for relief from stay and continue hearing for approximately two weeks.
Tentative Ruling for April 28, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Order granting in rem relief from stay is supposed to obviate the need for movant to have to seek relief from stay again in a later case. The order in the Juarez case was entered on the docket on October 3, 2019 at 11:15 am. Debtor filed this bankruptcy case on October 3, 2020 at 23:37, that is, at 11:37 p.m. The Juarez order became binding in this case once the order was recorded. It seems unlikely that Congress intended for a debtor who was already aware of the prior proceeding to avoid the impact of an order granting in rem relief from stay pursuant to section 362(d)(4) by filing a new bankruptcy case after the order was entered but before it could be recorded.
Court has concerns with the credibility of the declaration offered by George Gabriel. Why would the debtor have filed a bankruptcy the day an order granting relief from
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stay with regard to the property was entered in the Juarez case if the debtor and its principals had nothing to do with the Juarez bankruptcy? It appears likely that there was some coordination between them. Otherwise, if the debtor needed to be in bankruptcy, why wouldn't it have filed bankruptcy earlier. It does appear that the execution of this deed of trust in favor of a party who was planning to file bankruptcy was an attempt to obtain the benefit of the automatic stay without this debtor's having to file its own bankruptcy. When that attempt failed, this debtor filed bankruptcy. Is the debtor's contention that the timing here was purely coincidental? Debtor's simple denials just don't add up here. More information concerning the facts and circumstances is required.
Also, the Court notes that the signature of George Gabriel on the Notice of Setting/Increasing Insider Compensation for Isaac Gabriel looks very much like the signature affixed for Isaac Gabriel on the deed of trust in favor of Juarez. Perhaps the document is a forgery because George Gabriel purported to sign for Isaac Gabriel?
Debtor's discussion in opposition about movant's failing to object to request for use of cash collateral, etc. is not relevant to anything here. Court will not treat movant as having waived the benefit of an order granting in rem relief from stay by not objecting to other proceedings in the debtor's bankruptcy case.
Once an order is entered under section 362(d)(4) and recorded, the relief from stay is binding in any other case filed not later than 2 years after the recordation, but a debtor in a subsequent case may move for relief from this order based on changed circumstances or for good cause shown after notice and a hearing. Court sees no reason to depart from the statutory procedures here.
Grant motion as a comfort order. Include annulment to validate recordation (if necessary), but do not waive 14-day stay of Rule 4001(a)(3). Grant of relief is without prejudice to the ability of this debtor to bring a motion for relief from the Juarez order for good cause shown. Debtor will bear the burden of proving changed circumstances or good cause, which could include that the prior bankruptcy was not part of a scheme to hinder, delay or defraud movant. Perhaps the debtor can obtain testimony from Juarez that would be helpful to its position on this issue.
Answers to the following questions might be informative. Was Juarez a tenant of the
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debtor? Did the debtor know Juarez? Did debtor ever see this deed of trust before it was executed? Did debtor ever discuss the execution of a deed of trust with Juarez? Did debtor ever discuss with Juarez the fact that Juarez would be filing bankruptcy? When did debtor first learn about this deed of trust? Why would Juarez have forged a deed of trust in his favor and then filed bankruptcy two months later? According to the opposition, debtor has reached an agreement with Juarez to release this deed of trust. Is this because both Juarez and the debtor executed this deed of trust with the intention that it would be unenforceable? Does Juarez concede that the deed of trust is unenforceable? If so, what does Juarez have to say about why the deed of trust is unenforceable? Who would Juarez say executed the deed of trust? It seems that there is much more to this story than is outlined in the debtor's supplemental declaration in opposition to this motion.
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
Movant(s):
Tymeout, LP, a California Represented By Edward T Weber
2:00 PM
Adv#: 2:19-01151 Avery v. Quinn Emanuel Urquhart & Sullivan, LLP
fr. 7-30-19, 9-17-19, 12-3-19, 2-25-20
Docket 1
10/8/19 - Amended Complaint filed
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
2:00 PM
day of mediation prior to date of continued status conference.
12/4/19 -- Court denied motion to dismiss and set deadline of December 31, 2019 for defendant to file response to complaint.
Tentative Ruling for February 25, 2020:
Any extension of the deadline to respond to the amended complaint should be in a stipulation filed with the court. Have the parties reached a settlement? If not, order the parties to complete a day of mediation prior to date of a continued status conference.
3/30/20 -- Court approved compromise pursuant to which defendant will make three monthly payments commencing once order approving compromise is entered.
4/6/20 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
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 Stephen L Raucher
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana Stephen L Raucher
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, 11-19-19, 1-14-20, 2-11-20, 3-10-20, 3-31-20
Docket 1
4/27/20 - Michael Allison,(323)268-9588 has been approved for telephonic appearance on 4/28/20 @ 2pm
4/27/20 - Robert Altagen,(323)268-9588 has been approved for telephonic appearance on 4/28/20 @ 2pm
4/27/20 - Roger Friedman, (714)641-5100 has been approved for telephonic appearance on 4/28/20 @ 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:
2:00 PM
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.
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.
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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.
1/8/20 -- Court approved stipulation setting following continued dates: Cont'd pretrial conference -- February 11, 2020 at 2
L/D for Bitetti to take Bren's deposition -- February 10, 2020 L/D to file pretrial motions -- February 10, 2020
OFF CALENDAR FOR JANUARY 14, 2020. PARTIES SHOULD LODGE JOINT PRETRIAL ORDER TWO WEEKS PRIOR TO CONTINUED PRETRIAL CONFERENCE.
1/23/20 -- Court approved stipulation continuing pretrial conference to March 10, 2020 at 2:00 p.m., extending discovery cutoff to March 9, 2020 for limited purposes, extending deadline for filing pretrial motions to March 9, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR FEBRUARY 11, 2020.
2/26/20 -- Court approved stipulation continuing pretrial conference to March 31, 2020 at 2:00 p.m., extending discovery cutoff to March 23, 2020 for limited purposes, extending deadline for filing pretrial motions to March 23, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR MARCH 10, 2020.
Tentative Ruling for March 31, 2020:
Continue pretrial conference to April 28, 2020at 2:00 p.m. PARTIES SHOULD LODGE A SINGLE JOINT PRETRIAL ORDER not later than Apri
14, 2020. Mr. Altagen should participate personally in negotiations concerning the form of the pretrial order. Parties may break the "admitted facts" portion of the pretrial order into two separate parts: (1) facts that have
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already been adjudicated by the court and therefore require no proof; and (2) facts that are admitted (and therefore require no proof). If the parties disagree about whether something is or is not an issue, that dispute should be preserved in the pretrial order as well. In other words, under the appropriate list of issues (either issues of law or issues of fact), the parties should include an issue that reads, "whether plaintiff must prove . . . . " If the parties persist in lodging separate pretrial orders, the court will review the relevant declarations and orders and assess monetary sanctions as against any party that it considers to have behaved in an unreasonable manner in connection with the drafting of the document.
APPEARANCES WAIVED ON MARCH 31, 2020.
-----------------------------------
Tentative Ruling for April 28, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has a number of questions and concerns with regard to the form of the pretrial order that it will discuss with parties on the record at the time of the pretrial conference.
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 O'Dea
Rika Kido
2:00 PM
Adv#: 2:18-01430 Leslie (TR) v. Alaberdyan
fr. 2-12-19, 2-26-19, 6-4-19, 8-13-19, 10-15-19, 1-28-20, 2-25-20
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.
1/13/20 -- Court approved stipulation continuing deadline for completion of mediation to February 3, 2020 and continuing status conference to February 25, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 29, 2020.
Tentative Ruling for February 25, 2020:
Parties state in status report that, due to divergent views on the law and the facts, settlement negotiations have stalled. Discuss with parties whether there are any legal issues that can be resolved on stipulated facts with a motion for partial summary adjudication? If not, set deadline for completion of discovery and continued status conference.
Tentative Ruling for April 28, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Parties report that matter has been settled and that a motion for approval of compromise is pending in main case. Continue status conference to June 30, 2020 at 2:00 p.m. to give the court an opportunity to process motion for approval of compromise. APPEARANCES WAIVED ON APRIL 28, 2020.
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#: 2:18-01462 Venegas v. Educational Credit Management Corporation, a non-p
fr. 2-26-19, 4-9-19, 7-2-19, 10-1-19, 1-28-20
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.
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. 10/4/19 -- Court entered scheduling order with following dates:
Cont'd status conference -- January 28, 2020 at 2:00 p.m. L/D to file joint status report -- January 14, 2020
L/D to complete fact discovery -- November 27, 2019
L/D to disclose experts and exchange expert reports -- December 15, 2019 L/D to disclose rebuttal experts and exchange reports -- January 10, 2020 L/D to complete expert discovery -- February 10, 2020
Tentative Ruling for January 28, 2020:
Set pretrial conference for approximately 90 days. Order parties to complete a day of mediation before date of pretrial conference.
1/29/20 -- Court approved scheduling order with following dates:
L/D to lodge pretrial order -- April 14, 2020 Pretrial conference -- April 28, 2020 at 2
L/D to lodge order appointing mediators -- February 21, 2020 L/D to complete mediation -- April 28, 2020
2/26/20 -- Court approved judgment pursuant to stipulation. OFF CALENDAR. MATTER RESOLVED.
Debtor(s):
Dante Lorenzo Venegas Pro Se
Defendant(s):
Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Dante Lorenzo Venegas Represented By
2:00 PM
Trustee(s):
C John M Melissinos Keith Patrick Banner
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01036 Garcia v. Carroll
fr. 4-9-19, 8-13-19, 11-12-19, 2-11-20
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.
11/18/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- February 11, 2019 at 2 Extended discovery cutoff -- December 31, 2019
L/D to lodge order appointing mediators -- November 29, 2019 L/D to complete mediation -- February 11, 2019
12/19/19 -- Court approved order appointing mediators. 1/29/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- April 28, 2020 Cont'd status conference -- April 28, 2020 at 2:00 p.m. L/D to file joint status report -- April 14, 2020
OFF CALENDAR FOR FEBRUARY 11, 2020.
3/25/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- June 30, 2020 Cont'd status conference -- June 30, 2020 at 2:00 p.m. L/D to file joint status report -- June 16, 2020
OFF CALENDAR FOR APRIL 28, 2020.
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#: 2:19-01487 YOO v. Lennon et al
fr. 2-25-20
Docket 7
4/28/20 - Michael Weisberg, (818)827-9000, has been approved for telephonic appearance on 4/28/20 @ 2pm
2/21/20 -- Court approved stipulation continuing hearing to April 28, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 25, 2020.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
According to response to OSC filed by plaintiff’s counsel, matter has been settled and a motion for approval of compromise has been entered. Motion has been filed and time to object has run. Why hasn’t movant filed notice of nonopposition and lodged order approving compromise? Hearing required.
Debtor(s):
Lennon and Wolfe, Inc. Represented By
2:00 PM
Steven L Bryson
Defendant(s):
Amanda Lennon Pro Se
Christopher Lennon Pro Se
Plaintiff(s):
TIMOTHY J YOO Represented By Robyn B Sokol
Trustee(s):
Timothy Yoo (TR) Represented By Steven T Gubner Robyn B Sokol
2:00 PM
Adv#: 2:19-01487 YOO v. Lennon et al
fr. 1-14-20,2-25-20
Docket 1
4/28/20 - Michael Weisberg, (818)827-9000, has been approved for telephonic appearance on 4/28/20 @ 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.
2/21/20 -- Court approved stipulation continuing hearing to April 28, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 25, 2020.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
According to response to OSC filed by plaintiff’s counsel, matter has been settled and a motion for approval of compromise has been entered. Motion has been filed and time to object has run. Why hasn’t movant filed notice of nonopposition and lodged order approving compromise?
2:00 PM
Debtor(s):
Lennon and Wolfe, Inc. Represented By Steven L Bryson
Defendant(s):
Amanda Lennon Pro Se
Christopher Lennon Pro Se
Plaintiff(s):
TIMOTHY J YOO Represented By Robyn B Sokol
Trustee(s):
Timothy Yoo (TR) Represented By Steven T Gubner Robyn B Sokol
2:00 PM
Adv#: 2:20-01044 Anaim et al v. Vartanian et al
Docket 10
4/27/20 - Peter DiDonato, (661)255-7500, has been approved for telephonic appearance on 4/28/20 @ 2pm
4/27/20 - Richard Goor, (818)784-6899, has been approved for telephonic appearance on 4/28/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Deny motion. This is a core proceeding within the exclusive jurisdiction of the bankruptcy court as it seeks to impose liability on a professional employed by the trustee for alleged misconduct during the course of the performance of its duties as a professional for the trustee. Only the bankruptcy court can assess whether and to what extent a professional employed by a bankruptcy estate committed misconduct. See MSR Expl. v. Meridian Oil, 74 F.3d 910 (9th Cir. 1996).
Moreover, commencement of this action violated the Barton Doctrine because plaintiffs failed to obtain leave of the bankruptcy court before commencing the action in another forum. See, e.g., Reinert v. Bould (In re Reinert), Nos. 11-22840-JAD, 14-02204-JAD, 2015 Bankr. LEXIS 803 (Bankr. W.D. Pa. Mar. 12, 2015). Accordingly, dismiss action without prejudice.
2:00 PM
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Defendant(s):
Derrick Vartanian Represented By Richard L Goor
Jonathan Agustin Prakash Represented By Richard L Goor
MVP Commercial/Investment Real Represented By
Richard L Goor
Marina Brokerage Partners, Inc. dba Represented By
Richard L Goor
DOES 1 through 100, inclusive Represented By Richard L Goor
Movant(s):
Jamal A Anaim Represented By Peter diDonato
Nidhal Anaim Represented By Peter diDonato
Dalmah LLC Represented By
Peter diDonato
Plaintiff(s):
Jamal A Anaim Represented By Peter diDonato
Nidhal Anaim Represented By Peter diDonato
Dalmah LLC Represented By
2:00 PM
Trustee(s):
Peter diDonato
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:20-01044 Anaim et al v. Vartanian et al
Docket 1
4/27/20 - Peter DiDonato, (661)255-7500, has been approved for telephonic appearance on 4/28/20 @ 2pm
4/27/20 - Richard Goor, (818)784-6899, has been approved for telephonic appearance on 4/28/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Take status conference off calendar due to dismissal of action.
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Defendant(s):
Derrick Vartanian Represented By Richard L Goor
Jonathan Agustin Prakash Represented By
2:00 PM
Richard L Goor
MVP Commercial/Investment Real Represented By
Richard L Goor
Marina Brokerage Partners, Inc. dba Represented By
Richard L Goor
DOES 1 through 100, inclusive Represented By Richard L Goor
Plaintiff(s):
Jamal A Anaim Represented By Peter diDonato
Nidhal Anaim Represented By Peter diDonato
Dalmah LLC Represented By
Peter diDonato
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:20-01002 Avery v. Torres et al
Docket 15
4/27/20 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 4/28/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Enter default judgment against defendants Rigoberto Torres and Nevada Street Trust.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Defendant(s):
Rigoberto F. Torres Pro Se Nevada Street Trust Dated October Pro Se
2:00 PM
Teresa Torres, Trustee of the Torres Pro Se
Movant(s):
Wesley H Avery (TR) Represented By David M Goodrich
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:20-01002 Avery v. Torres et al
Rigoberto F. Torres, Nevada Street Trust Dated October 12, 2006 fr. 3-10-20
Docket 1
4/27/20 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 4/28/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
In an earlier status report, trustee reported that he has reached an agreement with Teresa Torres, trustee of the Torres Vallejo Family Trust, to resolve this action. What is the nature of that agreement and how will it be documented? Hearing required.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
2:00 PM
Defendant(s):
Rigoberto F. Torres Pro Se Nevada Street Trust Dated October Pro Se Teresa Torres, Trustee of the Torres Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor
Docket 14
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Enter default judgment in favor of plaintiff declaring the sum of
$12,683.82 nondischargeable under section 523(a)(2)(C)(i)(II), and awarding plaintiff attorneys' fees pursuant to LBR 7055-1(b)(4) of $1,360.98 and costs of $350.
Debtor(s):
Stephanie Monique Victor Represented By
D Justin Harelik
Defendant(s):
Stephanie Monique Victor Pro Se
Movant(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
2:00 PM
Plaintiff(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor
fr. 1-14-20, 2-25-20, 4-14-20
Docket 1
NONE LISTED -
Tentative Ruling for January 14, 2020:
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 January 14, 2020:
Continue status conference to February 25, 2020 at 2:00 p.m. Plaintiff should file and serve motion for default judgment not later than February 4, 2020 and set it for hearing on February 25, 2020 at 2:00 p.m.
Tentative Ruling for February 25, 2020:
Where is the default judgment motion that should have been filed by February 4? Tentative Ruling for April 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Continue status conference to April 28, 2020 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON APRIL 14, 2020.
2:00 PM
Tentative Ruling for April 28, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
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):
Stephanie Monique Victor Represented By
D Justin Harelik
Defendant(s):
Stephanie Monique Victor Pro Se
Plaintiff(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
fr. 1-8-20
Docket 369
4/28/20 - Diane Weil, (818)51-6400, has been approved for telephonic appearance on 4/29/20 @ 10am
Ruling from January 8, 2020:
Court has reviewed trustee's status report. Continue hearing to April 29, 2020 at 10:00 a.m. to give trustee an opportunity to complete her administration of the estate. If case has not been closed by then, trustee should file updated status report by April 22, 2020. APPEARANCES WAIVED ON JANUARY 8, 2020.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Docket does not reflect any filings since last hearing. When will trustee be in a position to close this case? Hearing required.
10:00 AM
Debtor(s):
Daniel Louis Reece Represented By James A Hayes Jr James R Selth
Joint Debtor(s):
Kimberly Ann Reece Represented By James A Hayes Jr James R Selth
Trustee(s):
Diane C Weil (TR) Pro Se
10:00 AM
Approval Sale of Litigation Claims and
2) Compromise of Claims
Docket 79
4/28/20 - Matthew Lesnik, (310)396-0964, has been approved for telephonic appearance on 4/29/20 @ 10am
4/29/20 - Leonard Pena, (626)396-4000, has been approved for telephonic appearance on 4/29/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Approve sale to highest bidder.
Debtor(s):
Karine Kenaraki Mansoorian Represented By Nancy Hanna
Movant(s):
Carolyn A Dye (TR) Represented By Leonard Pena
10:00 AM
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
10:00 AM
Adv#: 2:19-01044 Dye v. Babaie et al
fr. 4-9-19, 5-7-19, 9-17-19, 11-12-19, 1-14-20, 3-17-20
Docket 1
4/28/20 - Matthew Lesnik, (310)396-0964, has been approved for telephonic appearance on 4/29/20 @ 10am
4/29/20 - Leonard Pena, (626)396-4000, has been approved for telephonic appearance on 4/29/20 @ 10am
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
10:00 AM
mediation? Where is joint status report that was due September 3, 2019? Hearing required.
9/16/19 -- Court approved stipulation continuing status conference to 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.
Tentative Ruling for January 14, 2020:
Where is joint status report that should have been filed by December 31, 2019? At last status conference, parties reported that matter had been settled and that there would be a lump sum settlement. What, if anything, has transpired since the last settlement conference? (Docket does not reflect filing of a motion to compromise or to sell assets.) Hearing required.
Final Ruling for January 14, 2020:
Continue status conference to March 17, 2020 at 2:00 pm. Parties should file joint status report in March 3, 2020. Plaintiff should serve notice of continued status conference.
Tentative Ruling for March 17, 2020:
Where is status report that should have been filed by March 3, 2020?
3/16/20 -- Court approved stipulation continuing hearing to April 29, 2020 at 10:00 a.m. OFF CALENDAR FOR MARCH 17, 2020. NO APPEARANCE REQUIRED.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
10:00 AM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Assuming court grants motion for approval of sale of claims, what will become of 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
Plaintiff(s):
Carolyn Dye Represented By
Leonard Pena
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
10:00 AM
Docket 1058
4/28/20 - J. Scott Bovitz, (213)346-8300, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Timothy Yoo, (310)229-3365, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - John Tedford, (310)277-0077, has been approved for telephonic appearance on 4/29/20 @ 10am
4/29/20 - Gregory Salvato, (213)484-8400, has been approved for telephonic apparance on 4/29/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
The settlement payments of $75,000 each are not being deducted from the parties' claim amounts? The amounts of the amended proofs of claim are the balances due after application of the $150,000 in payments? Hearing required.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
10:00 AM
Movant(s):
Gregory M Salvato Justin P Karczag
Jason M Rund (TR) Represented By Timothy J Yoo
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
10:00 AM
Docket 42
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Approve compromise. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
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
10:00 AM
Authorizing Use of Cash Collateral
Granting Certain Carve Outs from Senior Lien in Favor of the Bankruptcy Estate
Resolving Disputes Regarding Secured Claim and Extent of Lien
Docket 107
4/23/20 - Keith Banner, (310)553-610, has been approved for telephonic appearance on 4/29/20 @ 10am
4/23/20 - Jeffrey Krieger, (310)553-610, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Kennison Lay,(213)896-6030, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Genevieve Weiner, (213)896-6116, has been approved for telephonic appearance on 4/29/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
10:00 AM
Grant motion. Approve stipulation. Waive appearances. Trustee is authorized to upload order consistent with tentative ruling.
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
A Final Decree Closing The Debtor's Chapter 11 Case
An Order Providing Related Relief
Docket 1367
4/3/20 - Notice to pay court costs in the amount of $700.00 sent to Kevin Meek, Debtor's Counsel.
4/10/20 - Court Costs in the amount of $700 paid in full.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling granting motion on terms set forth in moving papers.
Debtor(s):
NG DIP INC.(f/k/a Nasty Gal, Inc. a Represented By
Scott F Gautier Kevin Meek Lorie A Ball David B Shemano
10:00 AM
Movant(s):
Province, Inc, as Trustee of the NG Represented By
Kevin Meek Scott F Gautier David B Shemano Todd M Arnold
10:00 AM
Docket 1
4/27/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Joseph Dunn. (858)314-1500, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Willam Coffeee (949)757-1600 x 103, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Peter Fargrell, (310)659-5444, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Jeffrey Shinbrot, (310)659-5444, has been approved for telephonic appearance on 4/29/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set deadline for service of notice of bar date and bar date. Continue case status conference approximately 90 to 120 days. Set deadline for filing updated status report.
10:00 AM
Debtor(s):
Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot
10:00 AM
Docket 8
4/27/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Stella Havkin, (818)999-1568, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Chris Joffe, (818)999-1568, has been approved for telephonic appearance on 4/29/20 @ 10am
4/29/20 - John-Patrick Fritz, (310)229-1234, has been approved for telephonic apparance on 4/29/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court generated OSC because debtor did not file required documents with petition on March 12, 2020. On March 16, 2020, debtor filed its most recent tax return. On March 24, 2020, debtor filed its balance sheet and its profit and loss statement, the latter of which satisfies the requirement that a debtor file a "statement of operations," but where is the required cash flow statement? Hearing required.
10:00 AM
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
10:00 AM
Docket 1
4/27/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Stella Havkin, (818)999-1568, has been approved for telephonic appearance on 4/29/20 @ 10am
4/28/20 - Chris Joffe, (818)999-1568, has been approved for telephonic appearance on 4/29/20 @ 10am
4/29/20 - John-Patrick Fritz, (310)229-1234, has been approved for telephonic apparance on 4/29/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set deadline for debtor to serve notice of bar date and bar date. Discuss with debtor plan procedures and deadline for filing plan of reorganization. Discuss with debtor issues raised by proposed financing.
Hearing required.
Debtor(s):
Joffe Emergency Services Represented By
10:00 AM
Trustee(s):
Stella A Havkin
John-Patrick McGinnis Fritz (TR) Pro Se
11:00 AM
fr. 4-15-20
Docket 361
4/27/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Gregory Jones, (310)429-9581, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Giovanni Orantes, (213)389-4362, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Deborah Heald, (310)576-2130, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Simren Gill, (310)576-2142, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Sharon Weiss, (310)576-2276, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Jennifer Wong, (619)955-1557, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Theron Covey, (858)997-0500, has been approved for telephonic appearance on 4/29/20 @ 11am
4/29/20 - Sean Ferry, (561)241-6901, has been approved for telephonic apparance on 4/29/20 @ 10am
11:00 AM
4/29/20 - Sam Saber (310)261-5500, has been approved for telephonic apparance on 4/29/20 @ 10am
3/31/20 -- Court approved stipulation continuing hearing to April 29, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 15, 2020.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor filed amended petition electing to proceed under subchapter V of chapter 11. This does not moot out a motion for the appointment of a trustee, but it does make section 1104 of the Bankruptcy Code inapplicable. (See 11 U.S.C. section 1181(a).) However, section 1185, which permits the removal of a debtor in possession remains applicable.
Removal of the debtor as a debtor in possession would leave the subchapter V trustee in the position of performing the duties of an ordinary chapter 11 trustee. However, perhaps due to a drafting error on the part of Congress, it appears that, even after removal of a debtor in possession under subchapter V, nothing in subchapter V authorizes the trustee to file a plan, meaning that the subchapter V trustee would either have to sell the debtor's assets and move for dismissal of the case or move to convert the case to chapter 7.
Still applicable in subchapter V cases, however, is Bankruptcy Code section 1112, which permits the court to convert or dismiss a chapter 11 case "for cause" and defines what constitutes cause in this context. Cause pursuant to section 1112 includes, among other things, (A) substantial or continuing loss to or diminution of
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the estate and the absence of a reasonable likelihood of rehabilitation; (B) gross mismanagement of the estate; (E) failure to comply with an order of the court; (F) unexcused failure to satisfy timely any filing or reporting requirement established by this title or by any rule applicable to a case under this chapter; and (J) failure to file a disclosure statement or to file or confirm a plan within the time fixed by this title or by order of the court.
Debtor's present counsel has come late to this party and, as a result, may not fully appreciate the history that this court and the parties have experienced with this debtor. His overly charitable interpretation of the debtor's actions and inactions may be due to this limited perspective.
For example, counsel argues zealously that errors committed by the debtor's three prior attorneys should not be held against his client. However, this Court has had the occasion to review the conduct of debtor's prior attorneys and has found that the debtor is indeed responsible for the failure of this case to move forward in a timely manner. In the context of adjudicating the objection that the debtor interposed (in propia persona) to the third interim fee applicaton of Khang & Khang, LLP (after executing two declarations under penalty of perjury approving of the performance of his counsel and the fees requested in the prior interim applications), the court overruled the debtor's objections based on its understanding of the role that the debtor had played in preventing this case from moving forward. These facts and circumstances are laid out in the declaration of Joon M. Khang, filed at pages 4 through 13 of Docket No. 235. The court also had the opportunity to observe the difficulties that the debtor's next attorney, Michael Totaro, had in obtaining the level of cooperation of the debtor necessary to move this case forward.
There are other instances in which the debtor's latest attorney seems to have misunderstood the court's rulings, perhaps because he was not present at the relevant hearings. For example, with regard to Dowdle's request that the automatic stay be annulled to validate the jury verdict in her state trial, there was no dispute that the debtor had given notice of the pendency of the bankruptcy case. That wasn't the issue. The point was that the action itself (having been commenced by the debtor) was not stayed. The issue was the counterclaims. The debtor never took the position that the counterclaims were stayed until 9 months after a 5-day jury trial that resulted in a verdict against him. Clearly, the debtor was attempting to have his cake and eat it too
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by permitting the claims to go to trial and reserving in his back pocket in case he lost the argument that this extremely time-consuming exercise was null and void because it violated the stay. The court refused to countenance what it characterized as a travesty by permitting the debtor to play fast and loose with the automatic stay in this manner.
Similarly, the Court did set a deadline of January 8, 2020 for the filing of an amended plan. The Court's point was that it would not need a status report if the debtor met the court-imposed deadline but that, if, for any reason, the debtor failed to file the amended plan in a timely manner, it would want the status report. Admittedly, the written order was not as clear on this point as the court might have liked, but had counsel been in attendance at that hearing, he would have understood that the court did indeed direct that an amended plan be filed by January 8, 2020. However, in any event, the debtor filed neither an amended plan nor a status report by January 8, 2020. Thus, he did not comply even with the debtor's reading of the court's scheduling order.
The debtor is correct that he need not cure and reinstate either of the secured loans in order to confirm a plan and that, as a subchapter V debtor, he does not need an impaired consenting class. However, he still needs a feasible plan.
(NOTE: The debtor failed to file along with his amended petition a balance sheet, a statement of operations or a statement of cash flows. Instead, the debtor filed a section 1116 statement in which he testifies under penalty of perjury that "I have not prepared nor caused to be prepared a balance sheet, statement of operations or a cash- flow statement." However, attached to the plan of reorganization that he filed on the very same day there is a balance sheet -- his liquidation analysis.)
The plan currently proposed contemplates monthly payments to creditors of more than
$30,000 in addition to property related expenses and living expenses. Yet the last two monthly operating reports that the debtor filed (for February and March, 2020) show that he does not have the net income to make these payments. These reports show monthly expenditures that are approximately $9,000 less than the amounts received each month without making any of these payments.
The debtor has had more than ample opportunity to propose a confirmable plan in this bankruptcy case. Instead, he has been collecting and spending the rents generated by
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his rental properties. (He has also offered valuations for these properties that show a decrease in value since the filinge date.) On these facts, there is ample cause to convert this case to chapter 7, as there has been a substantial and continuing loss or diminution of the estate, there is no reasonable likelihood of reorganization, the debtor has failed to comply with orders of this court and has failed to file a plan within the time limits established by the court.
Grant motion insofar as it seeks to convert this case to chapter 7. Debtor has had more than ample time to try to confirm a chapter 11 plan in this case.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia Sharon Z. Weiss
11:00 AM
Docket 402
4/27/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Gregory Jones, (310)429-9581, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Giovanni Orantes, (213)389-4362, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Deborah Heald, (310)576-2130, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Simren Gill, (310)576-2142, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Sharon Weiss, (310)576-2276, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Jennifer Wong, (619)955-1557, has been approved for telephonic appearance on 4/29/20 @ 11am
4/28/20 - Theron Covey, (858)997-0500, has been approved for telephonic appearance on 4/29/20 @ 11am
4/29/20 - Sean Ferry, (561)241-6901, has been approved for telephonic apparance on 4/29/20 @ 10am
4/29/20 - Sam Saber (310)261-5500, has been approved for telephonic apparance on 4/29/20 @ 10am
11:00 AM
Grant motion. Make determination that debtor is not eligible to be a debtor under subchapter V because his liquidated noncontingent debts exceed the statutory maximum. Movant assumes that this figure is $7.5 million; however, as this debtor filed bankruptcy prior to the effective date of the CARES Act (March 27, 2020), he will be ineligible to elect the application of subchapter V if his liquidated noncontingent debts exceed $2,725,625. (Section 1113(a)(1) of the CARES Act increased the debt limit to $7.5M by amending the definition of a debtor in section 1182(1). Section 1113(a)(3) clarifies, however, that this increase "shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of this Act" on March 27, 2020.) To be eligible to elect subchapter V, the debtor's noncontingent, liquidated debts must not exceed $2,725,625.
In his new plan filed April 22, 2020 in connection with his election to proceed under subchapter V, debtor lists Chase and Nationstar as having claims that total more than
$8.4 million. Debtor tries to avoid having too much debt to be eligible to make a subchapter V election by scheduling Chase and Nationstar as having disputed and unliquidated claims. (In his opposition, debtor states that "Debtor does not currently argue that Claims No. 7 and 9 are contingent but reserves the right to do so if facts learned during the case suggest otherwise.") However, the fact that debtor believes he may have a theory under which he might be able to defend against having to pay the noncontingent, liquidated debts held by Chase and Nationstar may make these claims disputed, but it does not make them contingent or unliquidated within the meaning of the applicable caselaw.
Chase and Nationstar hold promissory notes and deeds of trust against the debtor's real properties. These are clear, contractual claims directly against the debtor of a kind that have never been held to be contingent or unliquidated -- even if they are disputed. Contingent, disputed and unliquidated are each different things. That is why there are separate boxes for each of these categories on the schedules.
In Nicholes v. Johnny Appleseed (In re Nicholes), 184 B.R. 82 (B.A.P. 9th Cir. 1995), the Bankruptcy Appellate Panel explained these distinctions. With regard to
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contingency, the Panel offered the following,
"[D]ebts of a contractual nature -- i.e. claims for goods or services -- are not contingent. In re Albano, 55 Bankr. 363, 366-67 (N.D. Ill. 1985) (liability on contract is "noncontingent" once contract is made, even if liability is subject to being avoided by some later occurrence).
* * * *
In the instant matter, the bankruptcy court correctly held that the debts for freight were noncontingent because "claims for freight already incurred ordinarily are not obligations dependent on the occurrence of a future event."
* * * *
None of the debts listed on debtor's schedules as "contingent" rely on some future extrinsic event to trigger liability. Rather, all events giving rise to liability for these debts arose when Boss Fruit received the agricultural goods and trucking services. Furthermore, debtor's potential personal liability stems from Boss Fruit's failure to pay for the PACA obligations. All of these events occurred prior to the debtor's bankruptcy filing.
Nicholes v. Johnny Appleseed (In re Nicholes), 184 B.R. 82, 88 (B.A.P. 9th Cir. 1995).
On the subject of liquidated debts, the BAP offered the following explanation:
A debt is liquidated if it is capable of "ready determination and precision in computation of the amount due." Fostvedt, 823 F.2d at 306 (citing Sylvester, 19 Bankr. at 673). The test for "ready determination" is whether the amount due is fixed or certain or otherwise ascertainable by reference to an agreement or by a simple computation. [Citations omitted.] Thus, debts arising from a contract are generally liquidated. Sylvester, 19 Bankr. at 673. On the other hand, debts based on unlitigated tort and quantum meruit claims are generally unliquidated because damages are not based on a fixed sum. [Citations omitted.]
* * * *
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Although courts agree that a claim is liquidated if the amount is readily determinable, courts are divided over whether a debt is unliquidated when there is a dispute as to liability or amount.
* * * *
The Ninth Circuit Bankruptcy Appellate Panel expanded Sylvester's definition of "ready determination" and analyzed the interplay between "disputed" debts and "unliquidated" debts in Wenberg. The Panel in Wenberg held that
the definition of "ready determination" turns on the distinction between a simple hearing to determine the amount of a certain debt, and an extensive and contested evidentiary hearing in which substantial evidence may be necessary to establish amounts or liability. On this issue, the bankruptcy judge has the best occasion to determine whether a claim will require an overly extensive hearing or whether the claim is subject to a bona fide dispute; therefore not subject to "ready determination."
* * * *
Under this test, even though disputed, debts of a contractual nature are generally liquidated. Sylvester, 19 Bankr. at 673; see also In re Pennypacker, 115 Bankr. 504, 507 (Bankr. E.D. Pa. 1990); Vaughan, 36 Bankr. at 938.
In any event, the bankruptcy court must determine whether the debts in question are subject to ready determination and whether computation of the amount due is a simple matter. If the court determines that such debts are readily determinable, then they are liquidated and included in the debtor's eligibility tally. If they are not readily determinable, then they are unliquidated and excluded from the eligibility tally.
Nicholes v. Johnny Appleseed (In re Nicholes), 184 B.R. 82, 89-91 (B.A.P. 9th Cir. 1995)
In his opposition to the motion, the debtor relies on State Dep't of Revenue v.
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Blixseth, 942 F.3d 1179 (9th Cir. 2019) for the proposition that, if any portion of a debt is not fixed, the entire amount is not fixed, but this is not the standard in this context. Blixseth was interpreting language added to section 109 by BAPCPA in an effort to determine whether a petitioning creditor could rely on the undisputed portion of its claim to qualify as a petitioning creditor notwithstanding the new language of section 109, which requires that a petitioning creditor's claim not be subject to a bona fide dispute as to liability or amount. Blixseth does not provide authority for the proposition that a dispute of the kind raised by the debtor here renders the claims of Chase or Nationstar unliquidated. The Court in Blixseth discusses only what it means for a claim to be disputed as to amount, not what it means for a claim to be liquidated.
The state court already entered summary judgment in favor of Chase on September 26, 2019 on the debtor's claim that it caused his mortgage interest rates to be artificially inflated and that Chase engaged in unfair business practices relating to the interest rates on his loan and granted Chase judgment on the pleadings on June 10, 2019 as to the debtor's second cause of action. The debtor may have moved to set aside and vacate Chase's judgment, but the existence of an appeal or a post-trial motion is not enough to make Chase's claim unliquidated. Nor is the debtor's contention that one or more of his lenders have failed to account for credits of
$45,128. This is the kind of an issue that can be readily determined through simple calculation.
Chase is correct that, regardless of any dispute that debtor may care to raise by way of defense in response to the secured and unsecured claims of Chase and Nationstar, these claims are neither contingent nor unliquidated. As a result, debtor is ineligible to elect the application of subchapter V because either of these debts alone, without regard to the remainder of the claims that debtor has scheduled as disputed and contingent, exceed the statutory maximum of $2,725,625. Furthermore, the debtor's contention that the many of his other scheduled debts are unliquidated is highly suspect. These "unliquidated" debts all have very specific dollar amounts and, in many instances, include an explanatory note suggesting that the basis of the notation "unliquidated" is that the dollar amount of the claim does not appear to reflect the debtor's last payment. This too would be a matter that could be resolved through simple calculations and is not enough to render the debts unliquidated. Certain of the
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creditors have judgment liens or automobile leases. These claims are not unliquidated. The Court questions whether the debtor is acting in good faith in characterizing these debts as "unliquidated" in his schedules. (It is telling that, on his original schedules, filed June 23, 2018, the debtor lists all the same creditors as disputed, but none of these creditors is listed as having an unliquidated debt -- not even Chase or Nationstar.)
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia Sharon Z. Weiss
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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?
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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.
Tentative Ruling for January 15, 2020:
Court has reviewed trustee's status report. Continue case status conference to April 29, 2020 at 11:00 a.m. Trustee should file and serve updated status report not later than April 17, 2020. Appearances waived on January 15, 2020.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed trustee's status report. Continue case status conference to October 28, 2020 at 11:00 a.m. Trustee should file and serve updated status report not later than October 16, 2020. Appearances waived on April 29, 2020.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
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Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
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Docket 1
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Case has now been converted to chapter 7. It is not this Court's practice to convene periodic status conferences in chapter 7. Court will serve notice on parties in interest if it wishes to schedule another status conference. OFF CALENDAR FOR APRIL 29, 2020.
Debtor(s):
E.B.J.T. Investment Firm LLC Represented By Kevin Tang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Docket 118
4/29/20 - Daniel Reiss, (310)229-3338, has been approved for telephonic apparance on 4/29/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
All classes voted in favor of confirmation of the plan and there are no objections. Confirm plan under 11 U.S.C. section 1129(a). Discuss with counsel form of confirmation order.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
2:00 PM
Docket 120
4/29/20 - Krikor Meshefejian, (310)229-1234 has been approved for telephonic apparance on 4/29/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor's most recent monthly report shows significant losses for the month of March. The court has no interest in proceeding toward confirmation with a plan that is no longer feasible. Conveniently, the plan in its current form contemplates payments to unsecured creditors that are a percentage of net profit; however, the plan in its current form contemplates that unsecured creditors will receive payment in full, with interest at the rate of 2 percent, in approximately 48 months. Does the debtor need to revise its projections in light of recent events? Is the debtor even in a position to make realistic projections at this juncture?
Hearing required.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
2:00 PM
Movant(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
2:00 PM
Docket 1
4/29/20 - Daniel Reiss, (310)229-3338, has been approved for telephonic apparance on 4/29/20 @ 2pm
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:
2:00 PM
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.
Final Ruling for November 13, 2019:
Continue case status conference to February 11, 2020 at 10:30. Debtor should file updated status report by January 31, 2020.
Tentative Ruling for February 11, 2020:
Continue case status conference to March 4, 2020 at 2:00 p.m. to coincide with date of hearing on disclosure statement. Debtor need not file updated status report in connection with that status conference.
Tentative Ruling for March 4, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
If court confirms plan, set post-confirmation status conference and deadline for filing post-confirmation status report, accompanied by declaration.
2:00 PM
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
2:00 PM
Docket 119
4/29/20 - Krikor Meshefejian, (310)229-1234 has been approved for telephonic apparance on 4/29/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
See tentative ruling for matter no. 202.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
2:00 PM
Docket 1
4/29/20 - Krikor Meshefejian, (310)229-1234 has been approved for telephonic apparance on 4/29/20 @ 2pm
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.
Final Ruling for December 11, 2019:
Continue case status conference to March 18, 2020 at 2:00 p.m. Disclosure statement may be heard at same date and time if filed not less than 42 days prior to this date. Debtor should file and serve updated status report by March 6, 2020. (Court later moved hearing to March 26, 2020 at 10:00 a.m.)
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
2:00 PM
Continue case status conference to be heard concurrently with hearing on disclosure statement scheduled for April 29, 2020 at 2:00 p.m. Debtors need not file updated status report. APPEARANCES WAIVED ON MARCH 26, 2020.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
Misc#: 2:19-00109
Docket 1
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: MIDFIRST BANK
Docket 17
NONE LISTED -
4/21/20 -- Court approved stipulation continuing hearing to June 2, 2020 at 10:00 a.m. OFF CALENDAR FOR MAY 5, 2020.
Debtor(s):
Maria Ana Belen A. Gregorio Represented By
James D. Hornbuckle
Movant(s):
MidFirst Bank Represented By Nancy L Lee
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
10:00 AM
MOVANT: RADIUS BANK
Docket 16
5/4/20 - Adam Greely, (949)851-9001, has been approved for telephonic appearance on 5/5/20 @ 10am
5/4/20 -Elaine Nguyen, (858)736-6009, has been approved for telephonic appearance on 5/5/20 @ 10am
4/22/20 -- Court approved stipulation extending deadline for trustee to respond to motion for relief from stay to April 28, 2020.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Unsigned broker's price opinion without accompanying declaration is not admissible evidence of value, but movant has also attached schedules in which debtor, under penalty of perjury, represents that the property is worth $515,000. Lender has now provided accounting of proceeds generated by sale of personal property collateral, which appears to have been consummated in violation of automatic stay. Even with
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the application of the net sales proceeds to reduce the balance due movant, there is no equity in the property after the liens against it and there is no prospect for reorganization within a reasonable period as the case is in chapter 7. Grant motion without waiver of Rule 4001(a)(3) pursuant to section 362(d)(2) as against debtor.
Trustee was given an extension of time to respond to motion. What is trustee's position with regard to the motion?
Debtor(s):
Raymond Earl Mattox Jr Represented By Elaine Nguyen
Joint Debtor(s):
Porsche Elizabeth Mattox Represented By Elaine Nguyen
Movant(s):
Radius Bank Represented By
Adam M Greely
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
MOVANT: MEGUERDITCH PANOSSIAN AND IDAK AVAKIAN
Docket 177
NONE LISTED -
4/15/20 -- At a hearing held this date, Court continued the hearing on this motion at the request of movant to June 17, 2020 at 11:00 a.m. OFF CALENDAR FOR MAY 5, 2020.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
Idak Avakian Represented By
Richard T Baum
Meguerditch Panossian Represented By Richard T Baum
Trustee(s):
David Keith Gottlieb (TR) Pro Se
2:00 PM
Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al
fr. 6-26-18, 8-7-18, 10-2-18, 10-23-18, 11-27-18, 1-29-19, 4-30-19, 8-13-19,
10-15-19, 1-14-20, 3-3-20
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.
Tentative Ruling for January 14, 2020:
Trustee filed motion for approval of compromise on December 20, 2019 with notice and an opportunity for hearing. Continue status conference to March 3, 2020 at 2 pm to give court an opportunity to process motion.
APPEARANCES WAIVED ON JANUARY 14, 2020.
Tentative Ruling for March 3, 2020:
Court entered order approving compromise on February 27, 2020. Continue status conference to May 5, 2020 at 2:00 p.m. to give parties an opportunity to consummate settlement agreement and dismiss action. APPEARANCES
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WAIVED ON MARCH 3, 2020.
4/27/20 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Slinde & Nelson, LLC Represented By David L. Neale Irving M Gross
Darian A. Stanford Represented By Irving M Gross
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
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, 12-17-19, 2-4-20, 4-7-20
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.
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.
2:00 PM
Final Ruling for December 17, 2019:
Parties report that matter settled. Continue status conference to February 4, 2020 at 2 pm. Parties should file joint status report not later than January 21, 2020.
Tentative Ruling for February 4, 2020:
When does trustee anticipate filing 9019 motion? Hearing required. 2/25/20 -- Court approved compromise resolving action.
Tentative Ruling for April 7, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Trustee reports that trustee has received entirety of settlement payment and will be dismissing action shortly. Continue hearing to May 5, 2020 at 2:00
p.m. to give trustee an opportunity to dismiss case. APPEARANCES WAIVED ON APRIL 7, 2020.
4/10/20 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
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
2:00 PM
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#: 2:20-01080 Hooshim v. Wolcott
Docket 13
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Deny motion for default judgment and dismiss action with prejudice as untimely. Debtor filed this bankruptcy case on March 8, 2019. The deadline for nondischargeability actions to be filed was June 11, 2019. Plaintiff neither sought nor obtained an extension of time to bring this action. Lawsuit was not commenced until October 23, 2019.
NOTE: Plaintiff's counsel has advised that he will submit on the tentative ruling. As a result, court waived appearances.
Debtor(s):
Lynn Patricia Wolcott Represented By Faith A Ford
Defendant(s):
Lynn Patricia Wolcott Pro Se
2:00 PM
Movant(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth
Plaintiff(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth
Trustee(s):
Diane C Weil (TR) Pro Se
2:00 PM
Adv#: 2:20-01080 Hooshim v. Wolcott
Docket 1
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Take status conference off calendar due to dismissal of action. See tentative ruling for matter no. 202.
NOTE: Plaintiff's counsel has advised that he will submit on the tentative ruling. As a result, court waived appearances.
Debtor(s):
Lynn Patricia Wolcott Represented By Faith A Ford
Defendant(s):
Lynn Patricia Wolcott Pro Se
2:00 PM
Plaintiff(s):
Benjamin Hooshim Represented By
Andrew Edward Smyth
Trustee(s):
Diane C Weil (TR) Pro Se
2:00 PM
Adv#: 2:20-01048 Dye v. Chen et al
Docket 1
5/4/20 - Michael Berger, (310)271-6223, has been approved for telephonic appearance on 5/5/20 @ 2pm
5/4/20 - Gary Wallace, (310)571-3511, has been approved for telephonic appearance on 5/5/20 @ 2pm
5/4/20 - Felix Woo, (213)335-3960, has been approved for telephonic appearance on 5/5/20 @ 2pm
4/3/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to April 17, 2020.
4/7/10 -- Court approved stipulation continuing deadline for defendant Chen to respond to complaint to May 1, 2020.
4/17/20 -- Court approved stipulation continuing deadline for defendant Wang to respond to complaint to May 1, 2020.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS
2:00 PM
TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference to June 2, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss filed by defendant Bin Wang. APPEARANCES WAIVED ON MAY 5, 2020.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
Michael Jay Berger
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo
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, 12-17-19, 1-14-20, 3-31-20
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed
1/31/2020 - Second Amended Complaint filed. 4/27/20 - Second Amended Cross Complaint filed.
5/4/20 -Rachel Carlsen, (661)644-1502, has been approved for telephonic appearance on 5/5/20 @ 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:
Plaintiffs have filed motion to dismiss cross-complaint. Court would like to
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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.
Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.
Tentative Ruling for March 31, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Defendant has filed a motion to dismiss, but has not served a notice of hearing on that motion despite having been instructed by the Court to do so. Court will prepare and enter an order denying that motion without prejudice and setting a new deadline of April 14, 2020 for defendant to either answer or file and notice a hearing on a motion to dismiss. Defendant must give not less than 21 days' notice of the hearing on her motion and must select an appropriate hearing date by using the self-calendaring instructions on Judge Bluebond's page on the Court's website.
Order prepared by the Court should continue the status conference to May 5, 2020 at 2:00 p.m. THE PARTIES SHOULD JOINTLY PREPARE a joint
status report that should be filed with the Court not later than April 21, 2020.
APPEARANCES WAIVED ON MARCH 31, 2020.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN
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4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
Plaintiff(s):
Tyler Fred Represented By
Candice Candice Bryner
Mark Guirguis 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
Docket 58
5/4/20 -Rachel Carlsen, (661)644-1502, has been approved for telephonic appearance on 5/5/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Deny motion with prejudice. Debtor never did serve an accurate notice of hearing in a timely manner as repeatedly directed by the Court.
Debtor's prior motion to dismiss was filed on March 19, 2020, with a notice of hearing that stated that the hearing would be held on March 18, 2020. The Court denied that motion without prejudice by order entered April 1, 2020, due to debtor's failure to serve an accurate notice of hearing, and set a new deadline for the filing of the notice of motion and motion of April 14, 2020 directed that the hearing be held on May 5, 2020 at 2:00 pm.
On April 13, 2020, debtor filed her motion to dismiss the second amended complaint but noticed a hearing on the motion for May 4, 2020, instead of May 5. The court contacted the debtor on April 14, 2020, explained in detail that a new notice of hearing must be served and filed with the correct hearing date. When that notice had not been received by April 20, 2020, the court again contacted the debtor to request that she file and serve an accurate notice of hearing, explaining again in detail what
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was wrong with the prior notice.
Debtor filed an amended notice on April 21, 2020 with a hearing date of March 5, 2020 at 2 pm. On April 22, 2020, the court again contacted debtor to request that she file and serve an accurate notice of hearing. In response, debtor sent chambers a document marked, "courtesy copy," with a proof of service signed April 23, 2020, that is a "corrected" notice of hearing with the correct date, time and place of the hearing on her motion, but it does not appear that she ever filed the document, as it is not on the court's docket, and the notice was not served at least 21 days prior to the hearing on the motion as required by the court's local rules.
Court appreciates that debtor is representing herself without an attorney, but the court has bent over backward in an effort to assist the debtor in complying with its procedures, but she is either unwilling or unable to do so for some reason.
Set new deadline for debtor to file and serve an answer to the complaint. (The "general denial" form that she used from the district court is not acceptable. Debtor must file and serve an answer to complaint that specifically admits or denies each of the allegations of the complaint.)
(NOTE: Even if court reached merits of the motion, it would deny the motion. The complaint adequately pleads the elements of the required claims under section 523. And, with regard to the timeliness of the 727 claims, the first time these claims appeared in this action was in the first amended complaint filed July 28, 2019. The deadline for filing complaints objecting to the debtor's discharge was July 29, 2019. Thus, these claims were brought timely.)
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
Movant(s):
Rachel Louise Carlsen Pro Se
2:00 PM
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#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.
fr. 10-1-19, 1-28-20
Docket 1
5/4/20 - Vernon Yancy, (213)480-0200, has been approved for telephonic appearance on 5/5/20 @ 2pm
5/4/20 - Lynda Jacobs (844)869-0999, has been approved for telephonic appearance on 5/5/20 @ 2pm
Tentative Ruling from October 1, 2019:
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.
10/4/19 -- Court entered order striking third claim for relief and directing parties to file joint status report not later than January 14, 2020.
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Tentative Ruling for January 28, 2020:
Set discovery cutoff for late May 2020. Continue status conference approximately 90 days. Discuss with parties why they do not want this matter sent to mediation.
Final Ruling for January 28, 2020:
Set discovery cutoff of May 29, 2020. Continue status conference to May 5, 2020 at 2:00 p.m. Parties should file joint status report by April 21, 2020.
Plaintiff is directed to lodge scheduling order with these dates.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order in a timely manner. Impose additional sanctions of $250 on counsel for each party for failing to participate in the preparation of a joint status report. What is the status of this matter? Are the parties on track to complete discovery by the end of May, 2020? Hearing required.
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Defendant(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
2:00 PM
Plaintiff(s):
Upstream Capital Investments LLC Represented By
Douglas A Crowder Lynda E Jacobs
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez
fr. 10-15-19, 1-28-20
Docket 1
5/4/20 - Anton Richardson, (213)637+8501, has been approved for telephonic appearance on 5/5/20 @ 2pm
Tentative Ruling for October 15, 2019:
(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.
Final Ruling for October 15, 2019:
Continue status conference to January 28, 2020 at 2:00 p.m. Parties are to file joint status report not later than January 14, 2020.
Tentative Ruling for January 28, 2020:
Once again, plaintiff has filed a unilateral status report without an accompanying declaration. Impose sanctions of $150 on counsel for plaintiff for failing to supply this declaration. Issue order to show cause why
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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.
2/5/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- May 5, 2020 at 2:00 p.m.
L/D to file joint status report -- April 21, 2020
L/D to lodge order appointing mediators -- February 28, 2020 L/D to complete mediation -- May 5, 2020
3/3/20 -- Court approved order appointing mediators.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Plaintiff's counsel seems to be confused about the meaning of question 5 on the status report form. The term "Claims Documents" is defined in question A(1) of the form and refers to the complaint and counterclaim and not to any proof of claim filed in the case.
Court cannot read defendant's response to question E(1) on the status report. The handwriting is too small and the quality of the photocopy is poor. What is defendant trying to say?
Court ordered parties to participate in a mediation. Court understands that the parties are not able to attend a mediation in person, but have they discussed with the mediator the prospect of conducting a virtual mediation via Zoom or some other video platform? (The mediator filed a certificate of completion, stating that a mediation did take place during the week of March 23, 2020. Plaintiff reports that the mediator
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spoke to each of the parties separately on the phone, but that no mediation took place.)
Plaintiff represents that it plans to bring a motion for summary judgment. Is the plaintiff in a position to do that now, or does plaintiff need to conduct some discovery first?
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 Represented By
Anton R E Richardson
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
fr. 11-6-19, 2-11-20, 3-10-20
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.
3/4/20 -- Court approved stipulation continuing status conference to May 5, 2020 at 2:00 p.m. and extending deadline for filing joint status report to April 21, 2020. OFF CALENDAR FOR MARCH 10, 2020.
4/21/20 -- Court approved stipulation continuing status conference to July 14, 2020 at 2:00 p.m. and extending deadline for filing joint status report to June 30, 2020. OFF CALENDAR FOR MAY 5, 2020.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Movant(s):
Alfredo F Torres Represented By
2:00 PM
Trustee(s):
Antonio John Ibarra John D Monte
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:20-01056 LBS Financial Credit Union v. Jimenez
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Erik Tovar Jimenez Represented By Oscar R Swinton
Defendant(s):
Erik Tovar Jimenez Represented By
Andrew Edward Smyth
Plaintiff(s):
LBS Financial Credit Union Represented By Karel G Rocha
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC
Docket 1
- NONE LISTED -
5/1/20 -- Court approved stipulation continuing defendant's response date to May 15, 2020 and continuing status conference to June 2, 2020 at 2:00 p.m.
OFF CALENDAR FOR MAY 5, 2020.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Defendant(s):
KLM Interiors, LLC Pro Se
Plaintiff(s):
J. Robert Scott, Inc. Represented By
Crystle Jane Lindsey
10:00 AM
Docket 65
- NONE LISTED -
4/21/20 -- Court approved stipulation continuing hearing to June 17, 2020 at 10:00 a.m. OFF CALENDAR FOR MAY 6, 2020.
Debtor(s):
Reliance Majestic Holdings LLC Represented By
Barry K Rothman - INACTIVE -
Movant(s):
John J Menchaca (TR) Represented By Wesley H Avery
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
10:00 AM
Docket 184
- NONE LISTED -
4/15/20 -- At a hearing held this date, Court continued hearing on claim objection to June 17, 2020 at 11:00 a.m. APPEARANCES WAIVED ON MAY 6, 2020.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
10:00 AM
Docket 36
- NONE LISTED -
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
New motion was filed with same proof of service from prior motion. Motion not supported by any meaningful evidence of fair market value. How did declarant arrive at this figure? Debtor has not claimed an exemption in this property.
Final Ruling for April 15, 2020:
Continue hearing to May 6, 2020 at 10:00 a.m. Debtor should serve and file amended proof of service and supplemental declaration re value and amend schedules not later than April 29, 2020.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT
10:00 AM
866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Waive appearances. Court will enter existing order. Movant need not lodge new order.
Debtor(s):
Haroutian S. Menedjian Represented By Khachik Akhkashian Anita Khachikyan
Movant(s):
Haroutian S. Menedjian Represented By Khachik Akhkashian Anita Khachikyan
Trustee(s):
Brad D Krasnoff (TR) Pro Se
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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, 11-20-19, 1-15-20,
3-11-20
Docket 1
5/5/20 - Giovanni Orantes, (213)389-4362, has been approved for telephonic appearance on 5/6/20 @ 11am
5/5/20 - Diane Weifenbach, (714)695-6637, has been approved for telephonic appearance on 5/6/20 @ 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:
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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:
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.
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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 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
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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.
Tentative Ruling for January 15, 2020:
According to the reorganized debtor's status report, the replacement loan will fund on January 12 and reorganized debtor will be able to pay off all amounts due unsecured creditors under her plan and cure any delinquencies on her secured claims. Has this occurred? Hearing required.
Tentative Ruling for March 11, 2020:
Debtor has now obtained financing and cured arrearages under plan. Continue case status conference to May 6, 2020 at 11:00 a.m. to give debtor an opportunity to move for and obtain final decree. APPEARANCES WAIVED ON MARCH 11, 2020.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Discuss with counsel debtor's game plan for dealing with various plan delinquencies and problems.
Debtor(s):
Ida Mae Woods Represented By Giovanni Orantes Luis A Solorzano
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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, 12-11-19, 1-8-20, 1-9-20, 3-18-20
Docket 1
4/3/20 - Second Notice to pay court costs in the amount of $700.00 sent to Bradley Sharp, Chapter 11 Trustee
4/20/20 - Court Costs in the amount of $700.00 paid in full.
4/28/20 - J. Alexandra rhim,(213)280-1070, has been approved for telephonic appearance on 5/6/20 @ 11am
5/4/20 - Robert Marticello, (714)445-1023, has been approved for telephonic apeparance on 5/6/20 @ 11am
5/1/20 - Victor Vilaplana, (858)847-6759, has been approved for telephonic appearance on 5/6/20 @ 11am
5/5/20 - Jolene Tanner, (213)894-3544, has been approved for telephonic appearanc eon 5/6/20 @ 11am
Docket reflects service of notice of bar date, which is good, but where is the
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order actually establishing the bar date that is necessary in a chapter 11 case and that was expressly requested by the Court? When will the debtor be in a position to formulate a chapter 11 plan?
Has the debtor given any additional thought to retaining a responsible officer or other disinterested person?
Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016?
7/20/16 -- At hearing held this date, Court heard status conference, as all parties were present and continued status conference to July 27, 2016 at 10:00 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
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one of which taken alone could be sufficient to warrant the appointment of a trustee.
Tentative Ruling for October 19, 2016:
What has transpired since the trustee was appointed? Where does the trustee see this case going? Hearing required.
11/28/16 -- Court approved stipulation continuing hearing to December 7, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by the trustee of any possible substantive consolidation issues. Has the trustee commenced or concluded such an analysis? Does the trustee have a sense 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:
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Revisit status of case after conclusion of hearing on trustee's motion for summary judgment.
Tentative Ruling for August 16, 2017:
Court waived the requirement that the trustee file an updated status report in connection with this status conference and set this date as a holding date.
Are there any upcoming hearings scheduled in this chapter 11 case?
Final Ruling for August 16, 2017:
Continue status conference to October 18, 2017 at 2:00 p.m. Updated status report should be served and filed not later than October 6, 2017.
Tentative Ruling for October 18, 2017:
Continue case status conference to January 10, 2018 at 2:00 p.m.
Disclosure statement should be noticed for same date and time, provided it is filed and served not less than 42 days before this date. Waive requirement of updated status report. APPEARANCES WAIVED ON OCTOBER 18, 2017.
1/9/18 -- Court approved stipulation continuing status conference to February 14, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 10, 2018.
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-
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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 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
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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.
Tentative Ruling for January 9, 2020:
What, if anything, has transpired since the last status report? Did a foreclosure sale occur on December 12? If so, what happened at the sale? Hearing required.
Tentative Ruling for March 18, 2020:
Did the foreclosure proceed on March 16? If not, why not? How will the closure of restaurants in Los Angeles impact the trustee's ability to perform under the confirmed plan? Hearing required.
Final Ruling for March 18, 2020:
Parties have entered into a second amended forebearance agreement, postponing foreclosure to April 15, 2020 in exchange for an additional payment of $12,500. Continue status conference to May 6, 2020 at 11:00
a.m. Plan trustee should file updated status report addressing plan compliance issues not later than April 24, 2020.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed trustee's status report. Continue case status conference to August 5, 2020 at 11:00 a.m. Plan trustee should file updated status report not later than July 24, 2020. APPEARANCES WAIVED ON MAY 6, 2020.
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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 Philip E Strok Michael Simon Timothy W Evanston
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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, 12-18-19, 1-9-20
Docket 1
5/5/20 - Joanne Sanchez, (909)397-7260, has been approved for telephonic appearance on 5/6/20 @ 11am
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:
11:00 AM
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
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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.
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.
Tentative Ruling for January 9, 2020:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed reorganized debtor's status report. Continue case status conference to November 4, 2020 at 11:00 a.m. Reorganized debtor should file
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updated status report not later than October 23, 2020. APPEARANCES WAIVED ON MAY 6, 2020.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Joanne P Sanchez
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fr. 1-29-20, 3-4-20, 3-18-20, 3-26-20, 4-1-20
Docket 323
- NONE LISTED -
Grant Chase's request for continuance to give lender an opportunity to obtain an appraisal and conduct discovery.
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020.
4/29/20 -- At hearing held this date, Court continued this hearing to July 15, 2020 at 11:00 a.m. OFF CALENDAR FOR MAY 6, 2020.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Movant(s):
Samuel Michael Saber Represented By Giovanni Orantes Giovanni Orantes
11:00 AM
Trustee(s):
Giovanni Orantes
John J Menchaca (TR) Pro Se
11:00 AM
fr. 3-4-20, 3-18-20, 3-26-20, 4-1-20
Docket 338
- NONE LISTED -
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020. (Court approved
stipulation extending reply deadline to May 4, 2020.)
4/29/20 -- At hearing held this date, Court continued this hearing to July 15, 2020 at 11:00 a.m. OFF CALENDAR FOR MAY 6, 2020.
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fr. 8-1-18, 11-7-18, 2-6-19, 8-7-19, 7-3-19, 9-11-19, 1-8-20, 3-4-20, 3-18-20,
3-26-20, 4-1-20
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
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required.
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
11:00 AM
L/D to file amended plan and disclosure statement -- July 22, 2019 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.
9/13/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 8, 2020 at 2:00 pm
L/D for debtor to file second amended plan and disclosure statement -- November 13, 2019
Hearing on disclosure statement -- January 8, 2020 at 2:00 pm Requirement of filing case status report waived
11/12/19 -- Court granted motion to extend time to file plan and continue confirmation hearing date to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 8, 2020.
1/30/20 -- Court approved stipulation continuing deadline for debtors to file amended plan and disclosure statement and continuing hearing on disclosure statement and case status conference to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020.
4/29/20 -- At hearing held this date, Court converted case to chapter 7. OFF CALENDAR. NO APPEARANCE REQUIRED.
11:00 AM
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
fr. 3-18-20, 3-26-20
Docket 102
4/30/20 - Cassandra Richey, (626)278-6227, has been approved for telephonic appearance on 5/6/20 @ 11am
5/5/20 - Roksana Moradi-Brovia, (310)877-8002, has been approved for telephonic appearance on 5/6/20 @ 11am
5/5/20 - Chanel Oldham, (323)852-1000, has been approved for telephonic appearance on 5/6/20 @ 11am
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
There are a handful of corrections requested by the Court at the prior hearing on the disclosure statement that were not made or were not properly made.
These will be discussed on the record at the time of hearing on the disclosure statement.
What is Wilmington Bank's actual objection to the disclosure statement? There was a lot of boilderplate in its objection, but not much substance. The only issue that the court was abile to identify that is not a plan confirmation
11:00 AM
issue was a complaint that the objecting creditor could not ascertain what the debtors' income has been since the filing date exclusive of rental income from the revised projections attached as Exhibit "B". Is there anything else?
Jeffrey Cowan has now filed a notice of withdrawal of his claim. That is not sufficient to clear title, but at least has the effect of constituting a withdrawal of his objection to approval of the disclosure statement. Are the debtors aware of the facts and circumstances that led to the filing of this withdrawal?
In light of recent developments, are the debtors still in a position to proceed forward with confirmation of their plan? Are they confident that they will have the income reflected in their projections? Hearing required.
Final Ruling for March 26, 2020:
Continue hearing to May 6, 2020 at 11:00 a.m. for a status conference on the disclosure statement to give the debtors an opportunity to evaluate how they would like to proceed at this juncture. No written status report is required.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
What if anything has transpired since the last hearing? How do the debtors want to proceed at this point? Hearing required.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
Joint Debtor(s):
Elizabeth Rogosin Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
fr. 2-27-19, 6-5-19, 9-4-19, 10-10-19, 11-20-19, 1-8-20, 3-4-20, 3-18-20, 3-26-20
Docket 1
4/30/20 - Cassandra Richey, (626)278-6227, has been approved for telephonic appearance on 5/6/20 @ 11am
5/5/20 - Roksana Moradi-Brovia, (310)877-8002, has been approved for telephonic appearance on 5/6/20 @ 11am
5/5/20 - Chanel Oldham, (323)852-1000, has been approved for telephonic appearance on 5/6/20 @ 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.
11:00 AM
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
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.
12/13/19 -- Court approved stipulation setting following continued dates: L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
11:00 AM
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
Tenative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of case after conclusion of 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
2:00 PM
Docket 84
5/5/20 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 5/6/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Geneva McGrigg Represented By Theresa Hana
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Docket 190
4/29/20 - Brandon Iskander, (49)340-3400, has been approved for telephonic appearance on 5/6/20 @ 2pm
ARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Hedieh Lee Represented By
Onyinye N Anyama
Trustee(s):
JOHN J MENCHACA Represented By Brandon J Iskander Lynda T Bui
2:00 PM
Docket 31
- NONE LISTED -
ARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Angels of the Valley Hospice Care, Represented By
Julie J Villalobos
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
[Fees requested: $21,160.00, Expenses: $0.00]
Docket 378
4/30/20 - Eric Bensamochan, (818)574-5740 has been approved for telephonic appearance on 5/6/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Overrule objection. The local rule requiring 45 days' notice of a fee application is not to give other professional persons an extended opportunity to respond to the application. The purpose of this 45-day period is to give other professional persons whose employment has been approved by the bankruptcy court an opportunity to submit their own fee applications and have them heard at the same time. Based on the representations of debtor's latest attorney at the hearings held last week and the court's review of the docket, it is clear that Mr. Orantes had not even been employed as of 45 days prior to the hearing date. He had not even been employed as of the date this application was filed (on April 15, 2020.) (He just filed his application to be employed on April 28, 2020.) He would not have been able to submit a fee application had this notice been given. Therefore, neither he nor the debtor has standing to complain of counsel's failure to give this 45-day notice.
Moreover, inasmuch as this case has been converted to chapter 7, any amounts allowed over and above any retainer held by applicant, will not be paid at this point
2:00 PM
anyway. As a result, there is no need to ensure that any other professionals whose employment may have been approved by the bankruptcy court during the course of the chapter 11 case have an opportunity to interpose their own fee applications at this point.
Grant application. Allow on interim basis fees of $21,600 as a chapter 11 expense of administration. Ratify application of retainer to this amount. (Because case has been converted, court will not order payment of the unpaid portion of allowed fees until it is clear whether or not there will be funds available to pay chapter 11 expenses of administration.)
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Movant(s):
Samuel Michael Saber Represented By Giovanni Orantes Giovanni Orantes Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Docket 221
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on interim basis fees of $62,808.12 and costs of $3,342.82. 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
Movant(s):
J. Robert Scott, Inc. Represented By
2:00 PM
Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
10:00 AM
Docket 17
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Extend US Trustee's deadline to object to discharge under section 727 to September 1, 2020. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Jerry Andres Castro Represented By Leo Fasen
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 21
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Require debtor's counsel to disgorge $1,000. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
K C 701 Partnership Represented By Andrew K Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 13
5/4/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 5/7/20 @ 10am
5/6/20 - Jeffrey Smith, (562)624-1177, has been approved for telephonic appearance on 5/7/20 @ 10am
5/6/20 - Allen Ostergar, (949)305-4590, has been approved for telephonic appearance on 5/7/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
To what extent does the debtor remain out of compliance as of this date? Has the debtor succeeded in opening up DIP bank accounts and obtaining insurance coverage? Hearing required.
Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
10:00 AM
MOVANT: LOANCARE, LLC.
Docket 18
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
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):
John Henry Glass Represented By Daniel King
Joint Debtor(s):
Rose Patricia Glass Represented By Daniel King
Movant(s):
LoanCare, LLC Represented By
10:00 AM
Trustee(s):
Erin M McCartney
Rosendo Gonzalez (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 11
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Maria R Granados Represented By
Michael H Colmenares
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: PARTNERS FEDERAL CREDIT UNION
Docket 10
5/6/20 - Yuri Voronin, (213)833-5880, has been approved for telephonic appearance on 5/12/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Sean Wallace Summers Represented By Raymond J Bulaon
Joint Debtor(s):
Samarah Jean Mansur Represented By Raymond J Bulaon
Movant(s):
Partners Federal Credit Union Represented By
10:00 AM
Trustee(s):
Yuri Voronin
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 10
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
David Hernandez Aguilar Represented By Julie J Villalobos
Joint Debtor(s):
Tanya Silva-Hernandez Represented By Julie J Villalobos
Movant(s):
TD Auto Finance LLC Represented By Sheryl K Ith
10:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
[OST]
Docket 84
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Dismiss and close case. Schedule hearing to consider reopening and "reactivating" case in August, 2020 and deadline for debtor to file status report.
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
2:00 PM
Adv#: 2:19-01518 Goodrich v. Fernandez
fr. 2-25-20
Docket 1
4/7/20 - Another summons issued.
At parties' request (in status report), continue status conference to May 12, 2020 at 2:00 p.m. Parties should file updated status report not later than April 28, 2020. APPEARANCES WAIVED ON FEBRUARY 25, 2020.
4/17/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to May 20, 2020 and continuing status conference to June 16, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 12, 2020.
Debtor(s):
Raymond A Fernandez Represented By Christie Cronenweth
Defendant(s):
Imelda Merton Fernandez Represented By Shai S Oved
Plaintiff(s):
David M Goodrich Represented By
Alastair M Gesmundo
2:00 PM
Trustee(s):
David M Goodrich (TR) Represented By Richard H Golubow
2:00 PM
Adv#: 2:20-01054 Transportation Alliance Bank, Inc. v. Donohue
#201.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) Complaint by Transportation Alliance Bank, Inc. against Jeffrey Donohue
Docket 1
3/16/20 - Matthew Olson, (650)843-2744, has been approved for telephonic appearance on 5/12/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set discovery cutoff for approximately 3 months and continued status conference for approximately same time frame.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
2:00 PM
Plaintiff(s):
Transportation Alliance Bank, Inc. Represented By
Matthew J Olson
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
Docket 57
4/23/20 - Ronald Richards, (310)556-1001, has been approved for telephonic appearance on 5/12/20 @ 2pm
4/27/20 - Shanen Prout, (424)208-6399, has been approved for telephonic appearance on 5/12/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
A mere failure to pay does not give rise to nondischargeable liability under section 523(a)(2)(A). However, the Ninth Circuit BAP has explained in In re Dougherty, 84 B.R. 653 (Bankr. 9th Cir. 1988) and In re Lee, 186 B.R. 695 (Bankr. 9th Cir. 1995), that, when a debtor purchases goods on credit knowing he does not intend to pay for the goods or knowing he is unable to comply with the requirements of the contract, the debt may be nondischargeable. But here, the debtor did not purchase the goods in question; a separate entity did, and there is no doctrine in the United States that automatically imposes liability on officers or directors for "trading while insolvent."
Therefore, the complaint must plead, and plaintiff must prove that the debtor himself actually placed orders for the goods intending to cause the company
2:00 PM
to fail to pay or knowing that the company would be unable to pay. The complaint attaches a volume of emails but does not point to any specific location in these documents in which there are any relevant statements or representations by the debtor, and the court will not search these documents looking for something that might be helpful to plaintiff.
However, in paragraph 30, the plaintiff actually alleges specific representations made by the debtor on May 22, 2014 about prospective transactions that the company was negotiating that would produce large orders in the future and the fact that plaintiff relied on these representations in shipping additional goods to the company without receiving payment therefor.
In paragraph 35, the plaintiff alleges that the debtor again represented that he would cause the company to pay $126,000 if plaintiff shipped goods to Delias, and, in reliance on that promise, plaintiff shipped goods represented by certain invoices.
In paragraph 37, plaintiff alleges that, in or around late July or early August of 2014, debtor represented that the company was about to secure a loan and that it would use at least $200,000 to $250,000 of the proceeds to pay debts due plaintiff, but there is no allegation that any additional goods were shipped in reliance on this promise.
In paragraph 42, plaintiff alleges that the debtor did not intend to perform (more accurately, cause the company to perform) any of the promises that were made and that debtor knew when he made the promises that the company could not perform them due to lack of funds.
In light of the foregoing, grant motion without leave to amend with regard to the portions of the complaint that seek to have excepted from debtor's discharge any amounts due for shipments made prior to May 22, 2014.
Based on the chart set forth on pages 4 and 5 of the complaint, this would appear to reduce the principal amount of the damages sought by plaintiff to
$265,866.05. (This assumes that plaintiff's arithmetic in this chart is accurate, as the court has subtracted from the total shown the amounts of the invoices dated from March 18, 2014 through May 16, 2014.)
2:00 PM
Debtor(s):
Richard L. Ashbee Represented By Michael E Plotkin
Defendant(s):
Richard Laurence Ashbee Represented By Ronald N Richards
Movant(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, 10-1-19, 11-5-19, 1-28-20, 4-14-20
Docket 1
4/23/20 - Ronald Richards, (310)556-1001, has been approved for telephonic appearance on 5/12/20 @ 2pm
4/27/20 - Shanen Prout, (424)208-6399, has been approved for telephonic appearance on 5/12/20 @ 2pm
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.
11/13/19 -- Court entered order granting motion to dismiss second claim for relief (523(a)(4)) without leave to amend and granting with regard to claims under section 523(a)(2)(A) and 523(a)(6) with leave to amend. Amended complaint must be filed and served by November 26, 2019. Defendant shall file and serve response not later than January 7, 2020.
2:00 PM
Tentative Ruling for January 28, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/24/20 -- Court approved stipulation continuing status conference to May 12, 2020 at 2:00 p.m. OFF CALENDAR FOR APRIL 14, 2020.
Tentative Ruling for May 12, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of hearing on motion to dismiss.
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#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor
Docket 14
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Enter default judgment in favor of plaintiff declaring the sum of
$12,683.82 nondischargeable under section 523(a)(2)(C)(i)(II), and awarding plaintiff attorneys' fees pursuant to LBR 7055-1(b)(4) of $1,360.98 and costs of $350.
Debtor(s):
Stephanie Monique Victor Represented By
D Justin Harelik
Defendant(s):
Stephanie Monique Victor Pro Se
Movant(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
2:00 PM
Plaintiff(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor
fr. 1-14-20, 2-25-20, 4-14-20, 4-28-20
Docket 1
- NONE LISTED -
Tentative Ruling for January 14, 2020:
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 January 14, 2020:
Continue status conference to February 25, 2020 at 2:00 p.m. Plaintiff should file and serve motion for default judgment not later than February 4, 2020 and set it for hearing on February 25, 2020 at 2:00 p.m.
Tentative Ruling for February 25, 2020:
Where is the default judgment motion that should have been filed by February 4? Tentative Ruling for April 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Continue status conference to April 28, 2020 at 2:00 p.m. to be heard concurrently with motion for default judgment. APPEARANCES WAIVED ON APRIL 14, 2020.
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Tentative Ruling for May 12, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
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):
Stephanie Monique Victor Represented By
D Justin Harelik
Defendant(s):
Stephanie Monique Victor Pro Se
Plaintiff(s):
SCHOOLSFIRST FEDERAL Represented By Paul V Reza
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
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, 10-15-19
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:
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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.
Tentative Ruling for January 14, 2020:
Continue status conference approximately 90 days. Issue scheduling order with dates proposed in joint status report.
1/23/20 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 19, 2020 at 2 L/D to file joint status report -- May 5, 2020 L/D to complete mediation -- May 19, 2020
L/D to lodge order appointing mediator and alternate mediator -- January 31, 2020
2/4/20 -- Court approved stipulation continuing status conference to August 25, 2020 at 2:00 p.m., continuing deadline to file joint status report to August 11, 2020 and extending deadline for completion of mediation to August 25,
2:00 PM
2020. OFF CALENDAR FOR MAY 19, 2020.
3/18/20 -- OFF CALENDAR. COURT APPROVED STIPULATION TRANSFERRING VENUE.
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 Joshua D Stadtler
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, 10-15-19, 1-14-20
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
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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.
Tentative Ruling for January 14, 2020:
Continue status conference approximately 90 days. Issue scheduling order with dates proposed in joint status report.
1/23/20 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 19, 2020 at 2 L/D to file joint status report -- May 5, 2020 L/D to complete mediation -- May 19, 2020
L/D to lodge order appointing mediator and alternate mediator -- January 31, 2020
3/18/20 -- OFF CALENDAR. COURT APPROVED STIPULATION TRANSFERRING VENUE.
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 Joshua D Stadtler
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest
2:00 PM
fr. 10-2-19, 11-13-19, 2-11-20
Docket 40
- NONE LISTED -
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:
2:00 PM
Judges' copy should not be two-sided. There are sufficient issues of fact that 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.
Final Ruling for November 13, 2019:
Continue hearing to February 11, 2020 at 10:30 as a status conference. (No new papers.)
Tentative Ruling for February 11, 2020:
Have the parties completed any required discovery? Should the court schedule an evidentiary hearing?
2/19/20 -- Court signed scheduling order deeming matter to be an adversary proceeding for procedural purposes and setting following dates:
L/D to complete discovery -- May 31, 2020 Cont'd status conference -- May 19, 2020 at 2:00
L/D to lodge order appointing mediator -- February 28, 2020 L/D to file status report -- May 5, 2020
L/D to complete mediation -- May 19, 2020
3/2/20 -- Court approved order appointing mediators.
4/8/20 -- Court approved stipulation resolving objection. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Reissuing a Warrant for Baker's Arrest Based on his ongoing Civil Contempt;
Granting Bruce Anderson Permission to Log Into and Examine Baker's Online Accounts
for Related Relief
Docket 661
5/12/20 - Derek Linke (206)274-2800, has been approved for telephonic appearance on 5/19/20 @ 2pm
5/12/20 - James Murtagh, M.D., (818)382-6200 x 129, has been approved for telephonic appearance on 5/19/20 @ 2pm
5/15/20 - Jessica Ponce (310)228-0477, has been approved for telephonic appearances on 5/19/20 @ 2pm
5/18/20 - Peter Arhangelsky, (602)388-8899, has been approved for telephonic appearances on 5/19/20 @ 2pm
5/18/20 - Neil Broom, (678)428-6304, has been approved for telephonic appearances on 5/19/20 @ 2pm
5/18/20 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearances on 5/19/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
2:00 PM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Rulings on Baker's Evidentiary Objections:
(for ease of reference, court has numbered paragraphs of objections sequentially)
Anderson Declaration
Overrule. (First sentence is admission of party opponent. Second sentence is opinion of an expert. Fact that Baker may disagree with expert's opinion does not make it inadmissible.)
Sustain (hearsay).
Overrule.
Sustain (lack of foundation).
Overrule.
Overrule.
Murtagh Declaration
Overrule.
Sustain (hearsay).
Sustain (lack of foundation).
Overrule as to sentence about date on which index page became unavailable. Sustain as to balance (lack of foundation).
Overrule.
Sustain (best evidence).
Overrule as to first two sentences about checking for listed files. Sustain as to sentence that begins, "In other words," for lack of foundation/speculation.
Sustain (speculation).
Sustain (lack of foundation and hearsay). (Court does not agree that financial information is irrelevant.)
Tentative Ruling on Merits:
Deny motion on both procedural and substantive grounds. Court agrees that this is
2:00 PM
not the appropriate procedure for having someone held in contempt and that the motion does not specify any legal basis for relief sought. As a factual matter, the Declaration of Neil Broom states that Baker did cooperate and give Broom access to the files in question. Mr. Broom testifies that Baker did comply with the Court's prior orders with regard to the matters at issue in this motion and that he has copied all of the files in question. Did plaintiff discuss this motion with Mr. Broom before filing it? (NOTE: Baker should not expect this court to award sanctions as against Murtagh for filing this motion unless and until Baker has paid all of the amounts that he has been ordered to pay in this action.)
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - 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 Derek Linke
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
11:00 AM
Docket 20
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Dismiss case for failure to pay filing fee installments.
Debtor(s):
Frankie Dale Vernail Jacobs Sr. Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 14
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor has now paid installments due April 3, 2020 and April 21, 2020. Final payment is due on May 20, 2020. If this installment has not yet been paid, continue hearing for approximately two weeks to see if debtor pays final installment.
Debtor(s):
Alex B Hernandez Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
[Presumption of Undue Hardship]
Docket 20
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
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):
Cesar James Nevarez Represented By Douglas L Weeks
Joint Debtor(s):
Francis Marie Nevarez Represented By Douglas L Weeks
Movant(s):
State Farm Bank, FSB C/O Twenty- Represented By
John Leary
11:00 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 43
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Deny motion with prejudice on both procedural and substantive grounds. In the first instance, the motion was not served on the FTB or the IRS at the correct address. Contrary to the representation made in the proof of service -- that the addresses used were found on their websites -- both the FTB and IRS websites and the Court manual provide a different address for both entities. (The Court manual and website show P.O. Box 2952, Sacramento, CA 95812-2952 for the FTB and P.O. Box 7346, Philadelphia, PA 19104-7346 for the IRS.)
With regard to the substance of the motion, a chapter 7 debtor may not avoid a junior lien against real property even if it is wholly underwater. Bank of Am., N.A. v. Caulkett, 575 U.S. 790, 135 S. Ct. 1995 (2015) ("A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral if the creditor's claim is both secured by a lien and allowed under §502 of the Bankruptcy Code").
11:00 AM
Debtor(s):
Steven William Navarette Represented By Cameron Sanchez Arthur H Lampel
Joint Debtor(s):
Tarrah Lynn Navarette Represented By Cameron Sanchez Arthur H Lampel
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Approving Sale Of Liquor License Free And Clear Of All Liens Or Interests;
Approving Overbid Procedures
Granting Related Relief
Docket 281
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Approve sale to highest bidder. Include 363(m) finding and 6004(h) waiver.
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
11:00 AM
Authorizing The Debtor To Continue 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
Granting Related Relief
Docket 129
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Authorize debtor to continue to use cash collateral in accordance with budget plus a 15 percent variance through August 31, 2020. Secured creditors shall receive replacement liens on all assets other than avoiding power recoveries. WAIVE APPEARANCES. DEBTOR IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING AND PRIOR CASH COLLATERAL ORDERS.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
11:00 AM
Docket 27
5/15/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearances on 5/20/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot
11:00 AM
Docket 1
NONE LISTED -
If debtor has no income, how does debtor intend to make the debt service payments on any financing that it may obtain? Do owners intend to make sufficient capital contributions to fund the debt service payments?
Set deadline for serving notice of bar date and bar date. Continue case status conference approximately 90 days.
2/10/20 -- Court approved scheduling order with following dates:
Cont'd case status conference -- May 20, 2020 at 11 L/D to file updated status report -- May 8, 2020
Bar date -- April 30, 2020
L/D to serve notice of bar date -- March 6, 2020
Tentative Ruling for May 20, 2020:
OFF CALENDAR. CASE HAS BEEN DISMISSED.
Debtor(s):
2034 Sunset Plaza Drive LLC Represented By Matthew Abbasi
11:00 AM
Docket 1
NONE LISTED -
OFF CALENDAR. CASE HAS BEEN DISMISSED.
Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
11:00 AM
Docket 17
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor has now paid final installment. OFF CALENDAR. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER VACATING OSC.
Debtor(s):
Andrea Zanetti Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Docket 74
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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
2:00 PM
Docket 136
5/18/20 - Sam Leslie, (213)368-5000, has been approved for telephonic appearance on 5/20/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Overrule objection for reasons set forth in chapter 7 trustee's response to the objection. Approve trustee's final report in full.
Debtor(s):
Clotrimazole, Inc. Represented By
Alan F Broidy - DISBARRED -
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
2:00 PM
Docket 57
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
James Fletcher Adams Represented By Charles Shamash Joseph E. Caceres
Joint Debtor(s):
Kaitlyn Adams Represented By Charles Shamash Joseph E. Caceres
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 46
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Chul Joo Lee Represented By
Young K Chang
Trustee(s):
Howard M Ehrenberg (TR) Represented By Zi Chao Lin
2:00 PM
Docket 121
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on interim basis fees of $47,118 and costs of $1,911.60. 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):
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 23
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Stanley Ezel Mclean Represented By Kevin T Simon
Joint Debtor(s):
Deanne Lois Mclean Represented By Kevin T Simon
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 182
NONE LISTED -
4/24/20 -- Court signed order approving stipulation extending certain confirmation related deadlines, including deadline for debtor to file and serve ballot tally and confirmation brief to May 14, 2020.
5/1/20 -- Court approved stipulation pursuant to whic Discover Bank is allowed an administrative claim and its ballot voting to reject the plan is withdrawn.
Tentative Ruling for May 21, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Assuming motion to modify plan is granted, confirm plan under section 1129(a). Classes 1 through 5 are unimpaired and not entitled to vote. Class 6 will have withdrawn its objection and is required to cast a ballot in favor of confirmation if the modification is approved. Three creditors voted in Class 7 -- two in favor of confirmation and one opposed -- but the creditor that opposed confirmation, Discovery, actually held an administrative claim, which has now been paid and its the ballot has been withdrawn. As a result, Class 7 has voted 100 percent in both number
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and dollar amount in favor of confirmation.
Confirmation order should include recitation of the discharge provisions, the effective date, the date, time and place of the post-confirmation status conference and the deadline for filing a post-confirmation status report.
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 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.
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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.
11/13/19 -- Court approved scheduling order with following dates:
New deadline for debtor to file plan and disclosure statement -- January 8, 2020
Hearing on disclosure statement -- February 19, 2020 at 2 Cont'd status conference -- February 19, 2020 at 2
2/11/20 -- Court approved stipulation continuing hearing to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 19, 2020.
Tentative Ruling for March 4, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for May 21, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT
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866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
If Court confirms plan, take case status conference off calendar and schedule post- confirmation status conference. Set deadline for reorganized debtor to file post- confirmation status report accompanied by a declaration from someone with personal knowledge as to the status of the payments required under the plan.
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
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Insofar As They Relate To The Debtors And Their Estate
[OST]
Docket 212
NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Approve compromise.
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#: 2:18-01023 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, 10-22-19,
2-18-20, 3-24-20
Docket 1
NONE LISTED -
Plaintiff seeks judgment barring defendant's discharge under Bankruptcy Code sections 727(a)(2) (transfers with intent to hinder, delay or default within the year prior to bankruptcy), 727(a)(3) (failure to maintain records from which his financial condition may be ascertained, 727(a)(4) (making false oaths knowingly and fraudulently); and 727(a)(5) (failure to explain the loss of assets to satisfy his liabilities).
Plaintiff's claims are based on defendant's alleged or admitted
Understating his income for year prior to bankruptcy;
Failing to disclose that he still held title to Nissan 350Z as of petition date;
Failing to disclose transfers to father within the year prior to bankruptcy and failure to disclose any remaining obligation due his father (Note: If these were not loan repayments, they were gifts and need to be disclosed so they can be scrutinized to determine if they are fraudulent transfers. Transfers were not disclosed at all.)
Failing to list collectibles as assets (rather than including them as household goods);
Failing to disclose existence of website -- Arthooligan.com; and
Understating value, or misdescribing condition of, 1955 Ford truck.
With regard to Ford truck, valuation and condition are in dispute. With regard to the remainder of the issues, the dispute is whether these inaccuracies were
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knowing and fraudulent.
Rulings on Evidentiary Objections:
Defendant's Objections to Cunjak Declaration:
Overrule. Statement by a party opponent is not hearsay. FRE 801(d)(2).
Overrule. Court understands this opening statement as an argument or a proposition that plaintiff attempts to prove with later evidence. Court will not accept this statement itself as evidence for the proposition asserted.
Overrule as to authentication foundation for documents and hearsay under FRE 803(8). Sustain as to balance under best evidence rule.
Overrule.
Overrule as to all but last sentence quoted (statement by party opponent). Sustain as to last sentence for lack of foundation.
Overrule as to authentication for Exhibit G. Sustain as to balance.
Overrule.
Sustain as to phrase, "which is fraudulent." Overrule as to balance.
Overrule (statement of party opponent).
Overrule.
Defendant's Objections to Cohen Declaration:
Overrule. Facts are not in dispute.
Sustain.
Overrule.
Overrule.
Plaintiff's Objections to Defendant Joseph Garcia Declaration:
Sustain for lack of foundation. (No information provided as to who sent letter or how defendant knows facts to which he testifies.)
Sustain -- not on defendant's exhibit list.
Overrule. Although not on defendant's exhibit list, defendant expressly states that document was given to plaintiff during discovery. Plaintiff will not be prejudiced by inclusion of this document.
Sustain -- not on defendant's exhibit list.
No objection asserted. No ruling necessary.
Sustain -- not on defendant's exhibit list.
Sustain -- not on defendant's exhibit list.
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(Isn't this objection redundant? Didn't plaintiff seek to have the same exhibit excluded in objection no. 3?) Overrule for reasons set forth above.
Plaintiff's Objections to Dilella Declaration:
Sustain.
5/4/20 -- At request of parties, court continued evidentiary hearing to August 18, 2020 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2020.
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
MOVANT: CHAMPION MORTGAGE COMPANY(NATIONSTAR MORTGAGE, LLC, DBA)
Docket 38
5/18/20 - Amended motion filed.
6/01/20 - Diana Torres-Brito, (818) 657-5227, has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion, including waiver of Rule 4001(a)(3). Make finding that bankruptcy case was part of a scheme to hinder, delay and defraud creditors that included the transfer of an interest in property without movant's consent.
Debtor(s):
Lydia C Gutierrez Pro Se
Movant(s):
Champion Mortgage Company Represented By
10:00 AM
Trustee(s):
Diana Torres-Brito
Sam S Leslie (TR) Represented By Toan B Chung
10:00 AM
MOVANT: MIDFIRST BANK fr. 5-5-20
Docket 17
6/01/20 - JaVonne Phillips, (619) 243-3970, has been approved for telephonic appearance on 6/2/20 @ 10am
4/21/20 -- Court approved stipulation continuing hearing to June 2, 2020 at 10:00 a.m. OFF CALENDAR FOR MAY 5, 2020.
5/28/20 -- Court approved stipulation resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Maria Ana Belen A. Gregorio Represented By
James D. Hornbuckle
Movant(s):
MidFirst Bank Represented By Nancy L Lee
Trustee(s):
John P Pringle (TR) Represented By
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Michelle A Marchisotto
10:00 AM
MOVANT: UTICA LEASECO, LLC.
Docket 31
6/01/20 - Jennifer Wang , (714) 431-1058, has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
KIVORK OHANES DONIKIAN Represented By
Silva Berejian
Movant(s):
UTICA LEASECO, LLC, a Florida Represented By
Irwin M Wittlin
Raffi Khatchadourian
10:00 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDITCOMPANY, LLC.
Docket 25
6/01/20 - Jennifer Wang , (714) 431-1058, has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
KIVORK OHANES DONIKIAN Represented By
Silva Berejian
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 27
6/01/20 - Jennifer Wang , (714) 431-1058, has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
KIVORK OHANES DONIKIAN Represented By
Silva Berejian
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
10:00 AM
MOVANT: AMERICAN HONDA FINANCE CORPORATION
Docket 15
6/01/20 - Vincent V. Frounjian, (818) 859-7511, has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Axel Anoulak Represented By Randolph R Ramirez
Joint Debtor(s):
Marie Lea Penant Represented By Randolph R Ramirez
10:00 AM
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: ANCHOR LOANS, LP .
Docket 21
5/22/20 - Case dismissed.
6/01/20 - Kelly A. Sweeney, (805) 777-1175 , has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Case has been dismissed. Motion is not entirely moot, as it seeks extraordinary relief. Either deny motion as moot or, if movant prefers, continue hearing to give movant an opportunity to comply with Court's local, local rule re proceeding to hearing on motions in dismissed cases.
Debtor(s):
Canaan Development LLC Represented By Todd J Cleary
10:00 AM
Movant(s):
Anchor Loans, LP Represented By Glenn C Kelble
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: GARDENA BUSINESS GROUP, LLC.
Docket 5
5/20/20 - Allen Ostergar, III, (949)305-4590, has been approved for telephonic appearance on 6/2/20 @ 10am
6/01/20 - Jeffrey B. Smith, (562) 624-1177, has been approved for telephonic appearance on 6/2/20 @ 10am
6/01/20 - Ronald W. Ask, (951) 684-5608, has been approved for telephonic appearance on 6/2/20 @ 10am
06/01/2020 - Wesley H. Avery, (661) 618-7376, has been approved for telephonic appearance on 6/2/2020 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion without prejudice to the creditor's ability to move for relief from stay. (That is, put the debtor in the same position with regard to the automatic stay as if this were the first filing.)
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Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
Movant(s):
Gardena Business Group LLC Represented By Ronald W Ask
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
10:00 AM
Docket 69
6/01/20 - Louis J. Esbin, (562) 254-5050, has been approved for telephonic appearance on 6/2/20 @ 10am
6/01/20 - Kristi Wells, (657)235-8359, has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Neither party has cited authorities that are relevant or on point with regard to the issues identified by the Court in its May 11, 2020 order. The first issue was whether the recordation of the order granting relief from stay under section 362(d)(4) in the Juarez case (the "Juarez Order") violated the automatic stay in the instant bankruptcy case. The second issue was whether, if the recordation was null and void because it violated the automatic stay, the debtors in this case -- who had actual notice of the filing of the motion requesting in rem relief with regard to their property and filed bankruptcy after the order granting that relief was entered -- should nevertheless be bound by the terms of that order.
With regard to the first issue, the lender argues that the recordation of the Juarez Order was a "ministerial act" and therefore did not violate the stay. In support of this proposition, the lender cites two cases that bear no resemblance to this case.
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The first case, In re Tracht Gut, involved a tax sale that had been conducted before the bankruptcy was filed. The sales occurred on October 22, 2012. The debtor filed chapter 11 on November 27, 2012. The County recorded the deeds evidencing the sales on December 13, 2012. The debtor filed a fraudulent transfer action against the County, seeking to avoid the tax sales. The bankruptcy court granted the County's motion to dismiss the action and the BAP affirmed the dismissal because no factual basis had been pled to support the debtor's fraudulent transfer claim. The BAP also affirmed the dismissal of the claim for violation of the automatic stay under the "ministerial act" doctrine of In re Petit, 217 F.3d 1072 (9th Cir. 2000) because, upon execution of the tax sale and payment of the purchase price (all of which occurred prepetition), the tax collector was required to record the deed with the county recorder and pay the recording fees. The tax collector has no discretion. When an official's duty is deliniated by, say, a law or judicial decree with such crystalline clarity that nothing is left to the exercise of the official's discretion or judgment, the resultant act is ministerial.
Petit, mentioned above, is the second case cited by movant. In that case, money had been deposited into the district court's registry fund in lieu of a bond prepetition. Also prepetition, the district court had entered a jury verdict that entitled the nondebtor party to the funds on deposit and issued an order directing the clerk to release the funds to the nondebtor party. Within hours after entry of that order and before the check was issued, the debtor filed bankruptcy. Thereafter, the check was issued and turned over to the nondebtor. The issue identified by the circuit was whether, at the time the debtor filed bankruptcy, the funds held in the district court's registry were property of the estate. The circuit agreed with the district court that, by the time the bankruptcy was filed, the funds were no longer property of the estate. Thus, the issuance of the check did not violate the automatic stay.
How does either case support the proposition that recordation of the Juarez Order was not a violation of the automatic stay? In both instances, all relevant and significant events happened prior to the bankruptcy. Was that the case here? Section 362(d)(4) says that such an order "If recorded in compliance with applicable State laws governing notices of interests or liens in real property, an order entered under paragraph (4) shall be binding in any other case under this title purporting to affect such real property filed not later than 2 years after the date of the entry of such order
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by the court, except that a debtor in a subsequent case under this title may more for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing."
Therefore, under the statute, in order to have "in rem" effect with regard to the property, the order must be recorded. Is that a mere ministerial act? The statute analogizes it to recording an interest in property -- like a deed of trust. But we know that recording a deed of trust post-petition is not merely a ministerial act. A deed of trust that is not recorded as of a bankruptcy filing will be avoidable by the trustee as it is not perfected. Recordation is necessary to achieve perfection as against third parties. It is true, as movant argues, that the purpose of recording the Juarez Order is merely to give notice, but so is recording a deed of trust. And in the latter instance, we know that recordation of a deed of trust post-petition would violate the automatic stay and would be treated as null and void.
NOTE: Section 362(d)(4) says, if the order is recorded, it is binding in a case filed not later than two years after entry of the order. It doesn't say it is binding in a case filed after recordation of the order. The language of the order may well contemplate relation back, provided that recording has occurred. And, again, the purpose of recordation of an order of this kind is to give notice to parties who would not otherwise be aware that such relief had been granted. This debtor, having been served with the motion, was on notice. The fact that the principals chose not to oppose the motion or attend the hearing and claimed not to understand section 362(d)(4) should not make a difference. However, it seems that the debtor did understand the significance of the order as the debtor's latest response (docket no. 98) says on page 3, at lines 10 through 13, that the debtor's goal was to prepare the necessary paperwork, accomplish the necessary eve of bankruptcy transfers, and file bankruptcy before the October 8, 2019 foreclosure sale "and as early as possible before the hearing on the Tymeout Motion for Relief from Stay."
Court also directs the parties' attention to Bankruptcy Code section 362(b)(20), also adopted in 2005. Under that section, the automatic stay does not bar any act "to enforce any lien against or security interest in real property following entry of the order under subsection (d)(4) as to such real property in any prior case under this title, for a period of 2 years after the date of entry of such an order, except that a debtor, in a subsequent case under this title, may move for relief from such order based upon
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changed circumstances or for other good cause shown, after notice and a hearing." Under this section, there was no automatic stay in effect with regard to the property after October 3, 2020, even without recordation of the Juarez Order. While this could potentially give rise to a due process issue with regard to someone who had no notice of the filing of the motion (although courts have held to the contrary in light of the ability to seek relief from this section), there is no dispute here that debtor was served with the motion that requested relief under section 362(d)(4)). Therefore, under section 362(b)(20), the recordation of the Juarez Order could not have violated the automatic stay as no stay arose upon the filing of this bankruptcy case.
Movant did not bother to brief the second issue -- whether a party with actual notice of the request for 362(d)(4) relief (who chose not to oppose the motion or attend the hearing) -- should be bound by the order even without recordation of the order.
The debtor's brief on these issues is equally unenlightening. The debtor talks about having won the race to the courthouse steps by having recorded its notice of bankruptcy filing before the Juarez Order was recorded. What does this have to do with anything? The debtor cites to In re Fjeldsted, 293 B.R. 12 (9th Cir. BAP 2003), but that was a case about whether or not the bankruptcy court should annul the stay in order to validate an otherwise void post-petition foreclosure sale of the debtor's residence to a bona fide purchaser. The debtor then cites a number of cases in which the debtor won this race and successfully avoided a prepetition foreclosure sale by filing bankruptcy before someone recorded the trustee's sale deed from the foreclosure. Again, this is not our fact pattern.
To reiterate the obvious, the issue is whether the "in rem" relief granted by the Juarez order became effective in this case or not. If it did, the foreclosure sale was valid and did not violate the automatic stay. If it did not, the foreclosure sale would be void, as it violated the automatic stay.
However, all of this appears moot at this juncture. On April 28, 2020, this Court entered an order that, among other things, annulled the automatic stay. That order did not include a waiver of FRBP 4001(a)(3). Therefore, the annulment did not become effective until May 12, 2020. The debtor has not obtained a further stay of the April 28 order. Therefore, the automatic stay in this case has been annulled, with the result that, even if the recordation of the Juarez Order had been a violation of the automatic
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stay, that recordation has been validated by annulment of the stay. The same appears to be true with regard to the May 5, 2020 foreclosure sale. Even if that foreclosure sale would otherwise have been in violation of the automatic stay, as the stay has been annulled, the sale has been validated.
Nevertheless, the purpose of the Court's refusal to waive the 14-day stay was to give this Court an opportunity to consider the debtor's emergency motion to give it relief from the "in rem" provisions of the Juarez Order. The statute says that the debtor in a subsequent case under this title may move for relief from such order "based upon changed circumstances or for good cause shown, after notice and a hearing." If it is appropriate for the Court to even reach this issue, the Court does not believe that the debtors have carried their burden of proof.
In support of their position, again, the debtors point to a number of cases that have no bearing on the relevant issues. The authorities debtor cites relate only to whether and when it is appropriate to annul the stay. The Court does not intend to re-examine this issue and there are no newly discovered facts or any other basis upon which the Court should reconsider its April 28 order. The court annulled the stay to moot issues created by the post-petition recordation of the Juarez Order. If the Juarez Order was effective, there was no need for the annulment: the automatic stay did not arise with regard to the property upon the commencement of this bankruptcy case. The debtor should have briefed the issues raised by section 362(d)(4) -- whether there are changed circumstances or other cause to grant relief from the Juarez Order, but the debtor says on page 3 of its emergency motion [docket no. 69] that it is not seeking to do this.
The debtor does not discuss changed circumstances. There do not appear to be any. The debtor was trying to avoid losing the property through foreclosure to Tymeout in October of 2019 and is still doing so. With regard to cause to grant relief from the Juarez Order, which the debtor is apparently not really seeking, the debtor merely reiterates its position that the Juarez deed of trust was forged and that they did not ask Juarez to file bankruptcy. Although the debtor has had numerous opportunities to file declarations explaining the facts and circumstances that led to the execution of the deed of trust in favor of Juarez, the Court is still left with the distinct impression that these carefully-worded declarations that say very little do not tell the whole story and that the debtor and its principals are not being forthcoming. The debtor's principals
10:00 AM
have never explained their relationship with Edward Akselrod or provided any plausible explanation of how it came to be that a junior deed of trust was placed on their property by someone who thereafter filed bankruptcy. The Court takes judicial notice of the fact that Juarez did not defend the motion for relief from stay and failed to appear at two consecutive 341(a) meetings in his case, leading to dismissal of his case. Juarez apparently had no interest in actually prosecuting a bankruptcy case. His schedules reflect that he owns a car and a 1/4 interest in a deed of trust against the property. He lists the property address as his residence, but provides a different mailing address. He has a total of approximately $16,000 in debt. A prior declaration from Akselrod reflects that Juarez worked for him. Debtors obtained the benefit of the automatic stay in Juarez's bankruptcy case and were aware that they were obtaining that benefit, which is why they were trying to file bankruptcy before the hearing on Tymeout's motion for relief in his bankruptcy case. Neither Juarez nor Akselrod is attempting to argue that the deed of trust is enforceable. Both are happy to see the deed of trust reconveyed. No one other than the debtor and its principals benefited from the execution of the deed of trust and the Juarez bankruptcy filing.
The most likely scenario is that the debtor and its principals sought out assistance from Akselrod or someone for or with whom Axelrod works to prevent the loss of the property through foreclosure. Akselrod or someone else may have devised the scheme of having a (void) deed of trust executed and recorded and having Juarez file bankruptcy, but the intention must have been to prevent Tymeout from foreclosing for the benefit of the debtor and its principals.
The creation of the deed of trust in favor of Juarez and the filing of the Juarez bankruptcy case were part of a scheme to hinder, delay and defraud Tymeout from foreclosing on the property. Even if the court were to find that the debtors were not involved in the scheme, that does not mean the Juarez Order should be set aside. As the BAP noted in In re Greenstein, 576 B.R. 139 (Bankr. 9th Cir. 2017), "Although the borrower is usually the beneficiary of the scheme, it sometimes appears that the scheme may have been perpetrated by an unscrupulous lawyer, bankruptcy petitioner preparer, or unauthorized legal practitioner, without the borrower's knowledge or participation. Notably, the language of section 362(d)(4) does not require a court to determine precisely who is responsible for perpetrating the scheme, only that the case has become part of a scheme that satisfies the requirements of the statute."
10:00 AM
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
Movant(s):
Grandview Hills LLC Represented By Louis J Esbin
10:00 AM
MOVANT: JPMORGAN CHASE BANK, NA
Docket 443
6/01/20 - Giovanni Orantes, (213) 389-4362, has been approved for telephonic appearance on 6/2/20 @ 10am
6/01/20 - Sharon Z. Weiss, (310) 576-2276, has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court will not adjudicate the merits of the vexatious litigant motion in this context. Movant seeks relief from stay to present this motion to the state court. State court is in the best position to adjudicate whether or not such relief should be granted. Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Samuel Michael Saber Represented By
10:00 AM
Movant(s):
Giovanni Orantes
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia Sharon Z. Weiss
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
2:00 PM
Adv#: 2:19-01513 Carlsen v. Wells Fargo Dealer Services, Inc. et al
FR. 3-3-20
Docket 1
NONE LISTED -
Where is joint status report that should have been filed two weeks ago? Was debtor actually on title as the owner of the vehicle that was repossessed?
Defendant's answer to complaint is entirely boilerplate. What is the actual issue here? Where is the car now? What does defendant contend happened?
Hearing required.
5/5/20 -- Court approved stipulation dismissing action with prejudice. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Wells Fargo Dealer Services, Inc. Represented By
Adam N Barasch
Roes 1-100 Pro Se
2:00 PM
Plaintiff(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:20-01069 Leslie v. Gutierrez et al
Docket 1
6/01/20 - Toan B. Chung, (323) 724-3117 as been approved for telephonic appearance on 6/2/20 @ 2pm
6/01/20 - Grace White, (818) 346-2606, has been approved for telephonic appearance on 6/2/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set discovery cutoff for October 30, 2020. Continue status conference to September 8, 2020 at 2:00 p.m. Parties should file updated joint status report not later than August 25, 2020. Plaintiff should lodge scheduling order with these dates.
APPEARANCES WAIVED ON JUNE 2, 2020.
Debtor(s):
Lydia C Gutierrez Pro Se
2:00 PM
Defendant(s):
Alvaro J. Gutierrez Represented By Grace White
Luis E. Gutierrez Represented By Grace White
Crystal Adilene Yanez Represented By Grace White
Plaintiff(s):
Sam S. Leslie Represented By
Toan B Chung
Trustee(s):
Sam S Leslie (TR) Represented By Toan B Chung
2:00 PM
Adv#: 2:20-01066 Nitopi v. Bruny
Docket 1
6/01/20 - Kyunji Bruny, (310) 424-5420, has been approved for telephonic appearance on 6/2/20 @ 2pm
6/01/20 - Kathleen March, (310) 559-9224, has been approved for telephonic appearance on 6/2/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference to June 30, 2020 at 2:00 p.m. to be heard concurrently with motion for summary judgment already scheduled for that date. (No new status report required for that status conference.) APPEARANCES WAIVED ON JUNE 2, 2020.
Debtor(s):
Kyunj Soo Wondji Bruny Represented By
2:00 PM
Sanaz S Bereliani
Defendant(s):
Kyunj Soo Wondji Bruny Pro Se
Plaintiff(s):
Cristina Nitopi Represented By Kathleen P March
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC
Robert Scott, Inc. against KLM Interiors, LLC fr. 5-5-20
Docket 1
6/01/20 - Crystle J. Linsey, (310) 207-1494, has been approved for telephonic appearance on 6/2/20 @ 2pm
5/1/20 -- Court approved stipulation continuing defendant's response date to May 15, 2020 and continuing status conference to June 2, 2020 at 2:00 p.m.
OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for June 2, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference to July 14, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss. (No new status report required for that date.) APPEARANCES WAIVED ON JUNE 2, 2020.
2:00 PM
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Defendant(s):
KLM Interiors, LLC Represented By Simon Aron
Plaintiff(s):
J. Robert Scott, Inc. Represented By
Crystle Jane Lindsey Daniel J Weintraub
2:00 PM
Adv#: 2:20-01048 Dye v. Chen et al
Docket 19
6/01/20 - Michael J. Berger, (310) 271-6223, has been approved for telephonic appearance on 6/2/20 @ 2pm
6/01/20 - James A. Dumas, (213) 368-5000, has been approved for telephonic appearance on 6/2/20 @ 2pm
6/01/20 - Gary R. Wallace, (310) 571-3511, has been approved for telephonic appearance on 6/2/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion with leave to amend. Trustee should serve and file amended complaint not later than June 23, 2020. Defendants should serve and file response to first amended complaint not later than July 14, 2020. Continue status conference to
2:00 PM
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
Michael Jay Berger
Movant(s):
Bin Wang Represented By
Michael Jay Berger
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
2:00 PM
Adv#: 2:20-01048 Dye v. Chen et al
fr. 5-5-20
Docket 1
6/01/20 - Gary R. Wallace, (310) 571-3511, has been approved for telephonic appearance on 6/2/20 @ 2pm
6/01/20 - Michael J. Berger, (310) 271-6223, has been approved for telephonic appearance on 6/2/20 @ 2pm
6/01/20 - James A. Dumas, (213) 368-5000, has been approved for telephonic appearance on 6/2/20 @ 2pm
4/3/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to April 17, 2020.
4/7/10 -- Court approved stipulation continuing deadline for defendant Chen to respond to complaint to May 1, 2020.
4/17/20 -- Court approved stipulation continuing deadline for defendant Wang to respond to complaint to May 1, 2020.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
2:00 PM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference to June 2, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss filed by defendant Bin Wang. APPEARANCES WAIVED ON MAY 5, 2020.
Tentative Ruling for June 2, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
See tentative ruling for matter no. 204. Continue status conference to August 4, 2020 at 2:00 p.m. Parties should file joint status report not later than two weeks prior to continued status conference. APPEARANCES WAIVED ON JUNE 2, 2020.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
Michael Jay Berger
2:00 PM
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
10:00 AM
to Approve Compromises and Settlements with Oregon Defendants in Two Adversary Proceedings
for Authority to Pay Special Counsel's Contingency Fee and Costs
Docket 378
5/22/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Aaon De Leest, (310)277-0077, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Brad Krasnoff, (310)277-0077, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Joseph Field, (503)515-3310, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Stephen Weaver, (818)331-6219, has been approved for telephonic appearance on 6/3/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN
10:00 AM
4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Rulings on Trustee's Objection to Sanhi Declaration:
1, Sustain (lack of personal knowledge)
Sustain (lack of foundation)
Sustain (lack of foundation)
Sustain (lack of personal knowledge)
Sustain (lack of foundation)
Overrule
Overrule
Sustain (lack of foundation)
Overrule as to first sentence. Sustain as to balance (lack of foundation)
Sustain (lack of foundation)
Overrule as to first sentence. Sustain as to balance (lack of foundation)
Tentative Ruling on Merits:
Court agrees with trustee that offer from Sanhi with conditions is not the functional equivalent of the compromise. (Do settling parties have any claims against the estate that are being withdrawn?) If Sanhi is willing to offer overbid without conditions and provides trustee with cashier's check for $50,000, continue hearing to give settling parties an opportunity to participate in an auction.
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 Sonia Singh
10:00 AM
fr. 2-19-20, 3-11-20, 4-1-20, 4-15-20
Docket 40
5/29/20 - Joseph Delmott, (313)300-0644, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Eugena Lawler, (323)802-8159, has been approved for telephonic appearance on 6/3/20 @ 10am
Tentative Ruling for February 19, 2020:
There does not need to be a deduction from the value for recalls. A dealer will perform any required repair work without charging the consumer. The declaration states that the Edmunds valuation is $768. This appears to be a typographical error. The valuation debtor asserts now is inconsistent with the values she has previously assigned to the vehicle.
Continue hearing to give lienholder an opportunity to examine and obtain an appraisal of the vehicle.
Final Ruling for February 19, 2020:
Continue hearing to March 11, 2020 at 11:00 pursuant to a stipulation between the parties.
Tentative Ruling for March 11, 2020:
Has lender now obtained a valuation of the vehicle? Debtor has not responded to issues raised in February 19 tentative.
10:00 AM
Hearing required.
3/10/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 10:00 a.m. OFF CALENDAR FOR MARCH 11, 2020.
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Debtor cannot deduct the cost of registration from the value of the vehicle. The only evidence of value that the debtor has provided is the Edmunds report, which shows a value, even in rough condition, of $7,761. It is unclear why the debtor thinks it would be appropriate for her to redeem the vehicle at a value of $768, let alone $500. Lienholder has provided a NADA report showing a much higher value and requested an opportunity to inspect the vehicle. Lienholder has now had such an opportunity, but has not filed anything.
Hearing required.
3/31/20 -- Court approved stipulation continuing hearing to April 15, 2020 at
11. OFF CALENDAR FOR APRIL 1, 2020.
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Tentative Ruling from April 1, 2020 remains unchanged.
10:00 AM
Final Ruling from April 15, 2020:
Lender has conducted an inspection. Continue hearing to June 3, 2020 at 10:00 as a status conference for court to determine whether it will be necessary to schedule an evidentiary hearing.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
What is the status of this matter? What was the result of the inspection? Have the parties had an opportunity to confer with regard to valuation issues? Hearing required.
Debtor(s):
Eugena Renee Lawler Pro Se
Movant(s):
Eugena Renee Lawler Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 116
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Approve compromise. APPEARANCES WAIVED. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Youth Policy Institute, Inc. Represented By Kevin Meek
Trustee(s):
Jason M Rund (TR) Represented By
Keith Patrick Banner Jeffrey A Krieger
10:00 AM
Docket 20
6/1/2020 - David K. Compton, (714) 545-2455, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/2020 - Lee Danielson, (310) 992-6504, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/2020 - Sanaz Bereliani, has been approved for telephonic appearance on 6/3/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Overrule debtor's objection. Grant motion. Extend creditor's deadline to file objection to discharge/dischargeability action to September 20, 2020.
Debtor(s):
Lee Danielson Represented By Sanaz S Bereliani
10:00 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Order Deeming Discharge a Discharge of All Pre-Petition Unsecured Obligations Including, But Not Limited To Secured Obligations Rendered Unsecured, Pursuant to 11 USC § 506
Order Waiving requirement that the Reorganized Debtor complete a Financial Management Course Before Receiving A Discharge Because The Reorganized Debtor Is Deceased
Docket 177
6/2/20 - Michael Sofris, (310)577-8027, has been approved for telephonic appearance on 6/3/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court set this matter for hearing because of Footnote 1 on page 5 of the motion. Court does not understand what the footnote means and it does not appear that the proposed form of order has the required language. (Or is paragraph 2 of the order sufficient for the debtor's purposes?) Hearing required.
Debtor(s):
Eun Mi Cho Represented By
10:00 AM
Michael N Sofris
10:00 AM
Docket 431
4/3/20 - Notice to pay court costs in the amount of $350.00 sent to M. Jonathan Hayes, Attorney for Debtors
6/2/20 - Court Cost has NOT been paid to the Court in the amount of
$350.00.
6/2/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - M. Jonathan Hayes, (818)402-7537, has been approved for telephonic appearance on 6/3/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Has the debtor received funding from a PPP loan? Does the debtor require this funding in order to survive? If so, does the debtor anticipate problems in light of its status as a reorganized debtor whose bankruptcy case is still open? Hearing required.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
Docket 1
5/26/20 - Ronald Ask or Renee Fahrendholz, (951)684-5608, has been approved for telephonic appearance on 6/2/20 @ 10am
6/2/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Ben Eilenberg, (951)682-1898, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Lori Enrico, (559)228-8034, has been approved for telephonic appearance on 6/3/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set deadline for serving notice of bar date and bar date. Continue status conference approximately 90 days. Has the debtor succeeded in opening its debtor in possession bank accounts yet? Hearing required.
Debtor(s):
Hallmark Ventures, LLC Represented By Ronald W Ask
10:00 AM
Docket 14
5/26/20 - Ronald Ask or Renee Fahrendholz , (951)684-5608, has been approved for telephonic appearance on 6/2/20 @ 10am
6/2/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Ben Eilenberg, (951)682-1898, has been approved for telephonic appearance on 6/3/20 @ 10am
6/2/20 - Lori Enrico, (559)228-8034, has been approved for telephonic appearance on 6/3/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court will not approve an "earned on receipt" retainer. Is counsel trying to say that, at his hourly rate, the entire retainer was consumed by his fees as of the bankruptcy filing? Hearing required.
Debtor(s):
Hallmark Ventures, LLC Represented By Ronald W Ask
10:00 AM
11:00 AM
fr. 2-15-17, 8-30-17, 2-28-18, 6-13-18, 12-12-18, 4-17-19, 8-28-19, 2-5-20
Docket 1
6/1/2020 - Krikor J. Meshefejian, (310) 229-1234, has been approved for telephonic appearance on 6/3/20 @ 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.
Tentative Ruling for February 5, 2020:
Continue case status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report (with accompanying declaration) not later than May 22, 2020. APPEARANCES WAIVED ON FEBRUARY 5, 2020.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
11:00 AM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue case status conference to October 7, 2020 at 11:00 a.m. Reorganized debtor should file updated status report (with accompanying declaration) not later than September 25, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Debtor(s):
Hansen Freightlines Incorporated Represented By
David L. Neale Krikor J Meshefejian
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
fr. 12-18-19, 3-18-20
Docket 174
6/2/20 - Jeffrey Shinbrot, (310)659-5444, has been approved for telephonic appearance on 6/3/20 @ 11am
Relief from stay has already been granted to permit the parties to resolve their respective disputes in state court. Continue hearing on claim objection along with case status conferences as parties move forward with state court litigation.
5/9/16 -- Court approved stipulation continuing hearing to November 9, 2016 at 11:00 a.m. OFF CALENDAR FOR MAY 11, 2016. NO APPEARANCE REQUIRED.
Tentative Ruling for November 9, 2016:
Continue status conference on objection and case status conference to May 24, 2017 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 15, 2017. Appearances waived on November 9, 2016.
Tentative Ruling for May 24, 2017:
Court did not receive service copy of status report (which was due on May 15, but filed on May 18, 2017). Perhaps that is because it was addressed to the bin outside of Suite 1482, which does not exist anymore. Judge Bluebond is now in Suite 1534.
11:00 AM
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 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
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. APPEARANCES WAIVED ON DECEMBER 18, 2019.
Tentative Ruling for March 18, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 26, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed the reorganized debtor's status report. Continue status conferences to August 5, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than July 25, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Debtor(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
11:00 AM
Movant(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
11:00 AM
fr. 7-30-14, 8-20-14, 11-19-14, 1-21-15, 4-15-15, 10-14-15, 4-13-16, 11-9-16,
5-24-17, 1-10-18, 7-18-18, 3-20-19, 12-18-19, 3-18-20
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.
11:00 AM
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.
Tentative Ruling for March 18, 2020:
11:00 AM
Court has reviewed the reorganized debtor's case status report. Continue status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 26, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed the reorganized debtor's status report. Continue status conferences to August 5, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than July 25, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Debtor(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
Movant(s):
Tower General Contractors Represented By Jeffrey S Shinbrot
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, 12-4-19
Docket 1
5/27/20 - Steven Fox, (818)774-3545, has been approved for telephonic appearnace on 6/3/20 @ 11am
Set bar date and deadline for filing objections to claims. Set deadline for filing plan and disclosure statement.
6/17/16 -- Court granted application for bar date. Deadline to serve notice of bar date -- August 20, 2016. Bar date -- October 31, 2016.
Tentative Ruling for November 1, 2016:
Set deadline for filing plan and disclosure statement in approximately 90 days. Continue case status conference to date scheduled for hearing on disclosure statement.
11/4/16 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- December 28, 2016 Hearing on disclosure statement -- February 15, 2017 @ 2:00 p.m. Cont'd status conference -- February 15, 2017 @ 2:00 p.m.
8/14/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 30, 2017. Tentative
Ruling for February 15, 2017:
11:00 AM
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for September 6, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 28, 2018:
It appears that the debtor's revenues have been decreasing each month. What is going on and how long will the debtor be able to sustain operations and continue to make plan payments if this continues? Hearing required.
Final Ruling from February 28, 2018:
Continue status conference to May 30, 2018 at 11:00 a.m. Debtor should file updated status report not later than May 21, 2018. Debtor's principal should appear in person at continued status conference.
Tentative Ruling for May 30, 2018:
Debtor's situation appears to have improved since February. Continue case status conference to November 28, 2018 at 11:00 a.m. Debtor should file updated status report not later than November 16, 2018. APPEARANCES WAIVED ON MAY 30, 2018.
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:
11:00 AM
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.
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.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Even though counsel has only been able to communicate with his client via email, he should be able to obtain the information necessary to draft an updated status report accompanied by a declaration by someone with personal knowledge advising the court about the status of the debtor's payments under the plan and when the debtor believes that it will be in a position to make up any delinquent payments. Continue status conference to July 15, 2020 at 11:00 a.m. Debtor should file status report accompanied by declaration by someone with personal knowledge not later than July 2, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
Amelia Puertas-Samara
11:00 AM
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, 8-7-19, 2-5-20
Docket 1
4/3/20 - Notice to pay court costs in the amount of $700.00 sent to Kevin Meek, Debtor's Counsel.
4/10/20 - Court costs paid in full.
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
11:00 AM
(requirement of status report waived for Feb 8 conference)
Tentative Ruling for March 8, 2017:
Continue case status conference to a date that would coincide with the anticipated date of a hearing on a disclosure statement.
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:
11:00 AM
The post-confirmation status report provides a list of administrative claims that have been paid and identifies several others as to which objections to claim have been sustained, but are there any other priority or administrative claims outstanding? Any other outstanding objections? Any other allowed priority or administrative claims that have not been paid? Hearing required.
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.
Tentative Ruling for February 5, 2020:
Court has reviewed Liquidating Trustee's status report. Continue case status conference to June 3, 2020 at 11:00 a.m. Liquidating Trustee should file updated status report (with accompanying declaration) not later than May 22, 2020 if final decree has not been entered by then. APPEARANCES WAIVED ON FEBRUARY 5, 2020.
OFF CALENDAR -- FINAL DECREE HAS BEEN ENTERED.
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
David B Shemano
11:00 AM
Docket 155
6/2/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearance on 6/3/20 @ 11am
6/2/20 - Jim Persico, (203)842-5555, has been approved for telephonic appearance on 6/3/20 @ 11am
6/2/20 - Renee Singer, (203)883-651, has been approved for telephonic appearance on 6/3/20 @ 11am
6/2/20 - Gregory Vizza, (215)569-5702, has been approved for telephonic appearance on 6/3/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
5/28/20 -- Court approved stipulated order resolving motion. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
11:00 AM
Docket 1
6/2/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearance on 6/3/20 @ 11am
6/2/20 - Jim Persico, (203)842-5555, has been approved for telephonic appearance on 6/3/20 @ 11am
6/2/20 - Renee Singer, (203)883-651, has been approved for telephonic appearance on 6/3/20 @ 11am
6/2/20 - Gregory Vizza, (215)569-5702, has been approved for telephonic appearance on 6/3/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue case status conference to July 14, 2020 at 2:00 p.m. to be heard concurrently with status conference in Pouladian adversary proceeding. Debtor need not file new case status report in connection with July 14 case status conference.
APPEARANCES WAIVED ON JUNE 3, 2020.
11:00 AM
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
2:00 PM
Docket 1844
5/29/20 - Eve H. Karasik, (310)229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Jack Luikart, (415)407-0488, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Sandra Hernandez, M.D., (415)531-1114, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Jeanine Donohue, (415)298-5228, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Steven Bray, (775)200-4889, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Steve Sacks, (602)385-3370, has been approved for telephonic appearance on 6/3/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS
2:00 PM
TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Approve annual accounting
Debtor(s):
Jt Thorpe Inc Represented By
Brian L Davidoff Michael H Ahrens Charles J Malaret
2:00 PM
fr. 4-10-02, 7-2-02, 9-4-02, 9-25-02, 10-23-02, 11-13-02, 12-11-02, 4-9-03,
10-8-03,
2-4-04, 2-11-04, 6-09-04, 9-29-04, 11-17-04, 12-1-04, 12-22-04, 1-26-05,
2-15-05,
7-14-05, 7-15-05, 7-29-05, 10-26-05, 11-22-05, 12-5-05, 6-20-06, 10-25-06,
10-17-07, 6-4-08, 6-3-09, 6-9-09, 6-22-10, 6-30-10, 6-29-11, 6-27-12, 6-26-13,
6-4-14, 6-3-15, 6-8-16, 6-7-17, 6-13-18, 6-12-19
Docket 21
5/29/20 - Eve H. Karasik, (310)229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Jack Luikart, (415)407-0488, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Sandra Hernandez, M.D., (415)531-1114, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Jeanine Donohue, (415)298-5228, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Steven Bray, (775)200-4889, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Steve Sacks, (602)385-3370, has been approved for telephonic appearance on 6/3/20 @ 2pm
2:00 PM
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue this status conference to a date that can serve as date of hearing on next annual report and accounting.
Debtor(s):
Jt Thorpe Inc Represented By
Jeanne | C | Wanlass |
Brian | L | Davidoff |
Michael | H | Ahrens |
Charles | J | Malaret |
2:00 PM
Docket 159
5/29/20 - Eve H. Karasik, (310)229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Jack Luikart, (415)407-0488, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Sandra Hernandez, M.D., (415)531-1114, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Jeanine Donohue, (415)298-5228, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Steven Bray, (775)200-4889, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Steve Sacks, (602)385-3370, has been approved for telephonic appearance on 6/3/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE
2:00 PM
INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Approve annual accounting.
Debtor(s):
Pacific Insulation Company Represented By John A Lapinski
Leslie R Horowitz
2:00 PM
fr. 6-4-14, 6-3-15, 6-8-16, 6-7-17, 6-13-18, 6-12-19
Docket 1
5/29/20 - Eve H. Karasik, (310)229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Jack Luikart, (415)407-0488, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Sandra Hernandez, M.D., (415)531-1114, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Jeanine Donohue, (415)298-5228, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Steven Bray, (775)200-4889, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Sander Esserman, (214)354-9945, has been approved for telephonic appearance on 6/3/20 @ 2pm
5/29/20 - Steve Sacks, (602)385-3370, has been approved for telephonic appearance on 6/3/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN
2:00 PM
4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
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 John A Lapinski
Leslie R Horowitz
2:00 PM
Docket 274
6/1/2020 - Ron Bender, (310) 229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
6/2/20 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 6/3/20 @ 2pm
6/2/20 - Catherine Robertson, (408)918-2835, has been approved for telephonic appearance on 6/3/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
There are no objections. Classes 1 and 2 are unimpaired and are deemed to have accepted the plan. Class 3 voted by 100 percent in number and 100 percent in dollar amount in favor of confirmation. There are no known creditors in Class 4 (subordinated claims) and no one voted from class 4.
Class 5 is equity, which will not receive anything under the plan, and is deemed to have rejected the plan.
Confirm the plan under section 1129(a) with regard to classes 1 through 3 and under section 1129(b) with regard to Classes 4 and 5. (The treatment to be afforded to these claims can be "crammed down" upon these classes without their consent.) Discuss with debtor's counsel form of confirmation order.
2:00 PM
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
Docket 87
6/1/2020 - Ron Bender, (310) 229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
6/2/20 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 6/3/20 @ 2pm
6/2/20 - Catherine Robertson, (408)918-2835, has been approved for telephonic appearance on 6/3/20 @ 2pm
10/21/19 -- Court approved scheduling order that set following dates:
L/D to serve notice of bar date -- October 25, 2019 Bar date -- December 20, 2019
Con'd case status conference -- January 15, 2020 at 11 L/D to file updated status report -- January 3, 2020
Tentative Ruling for January 15, 2020:
Set deadline for debtor to file plan and disclosure statement and administrative bar date for all creditors other than professional persons. Set deadline for debtor to serve notice of bar date.
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT
2:00 PM
866-582-6878 OR ONLINE.
Revisit status of case after conclusion of hearing on disclosure statement.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
If court confirms plan, take case status conference off calendar and set new post- confirmation status conference date and deadline for liquidating trustee to file status report.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
2:00 PM
fr. 4-29-20
Docket 120
6/1/2020 - Krikor J. Meshefejian, (310) 229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
6/1/2020 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/3/20 @ 2pm
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor's most recent monthly report shows significant losses for the month of March. The court has no interest in proceeding toward confirmation with a plan that is no longer feasible. Conveniently, the plan in its current form contemplates payments to unsecured creditors that are a percentage of net profit; however, the plan in its current form contemplates that unsecured creditors will receive payment in full, with interest at the rate of 2 percent, in approximately 48 months. Does the debtor need to revise its projections in light of recent events? Is the debtor even in a position to make realistic projections at this juncture?
2:00 PM
Hearing required.
Final Ruling for April 29, 2020:
Continue hearing to June 3, 2020 at 2:00 p.m. Debtor should file and serve amended plan and disclosure statement by May 22, 2020. Oppositions to disclosure statement should be filed and served by May 27, 2020.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
See tentative ruling for matter no. 207.10.
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
Dated March 18, 2020
fr. 4-29-20
Docket 119
6/1/2020 - Krikor J. Meshefejian, (310) 229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
6/1/2020 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/3/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
OFF CALENDAR. SUPERSEDED BY FIRST AMENDED DISCLOSURE STATEMENT.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
2:00 PM
Docket 142
6/1/2020 - Krikor J. Meshefejian, (310) 229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
6/1/2020 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/3/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Deny approval of disclosure statement. Plan in its current form is unconfirmable on its face. Court cannot confirm a plan that gives debtor an unlimited period of time within which to use whatever net profit it has to pay unsecured claims in full. There must be a drop dead date at some point and some discussion of what happens if payments are not made by then or court should continue this hearing until the debtors are willing to commit to some concrete repayment term.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
2:00 PM
Docket 1
6/1/2020 - Krikor J. Meshefejian, (310) 229-1234, has been approved for telephonic appearance on 6/3/20 @ 2pm
6/1/2020 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/3/20 @ 2pm
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.
Final Ruling for December 11, 2019:
Continue case status conference to March 18, 2020 at 2:00 p.m. Disclosure statement may be heard at same date and time if filed not less than 42 days prior to this date. Debtor should file and serve updated status report by March 6, 2020. (Court later moved hearing to March 26, 2020 at 10:00 a.m.)
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT
2:00 PM
866-582-6878 OR ONLINE.
Continue case status conference to be heard concurrently with hearing on disclosure statement scheduled for April 29, 2020 at 2:00 p.m. Debtors need not file updated status report. APPEARANCES WAIVED ON MARCH 26, 2020.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
10:00 AM
Docket 60
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. WAIVE APPEARANCES. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
ERIN JEON Represented By
Jaenam J Coe Gilad Berkowitz
Joint Debtor(s):
Jong Kim Represented By
Jaenam J Coe Gilad Berkowitz
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 43
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Gustavo Alfredo Meza Represented By Thomas B Ure
Joint Debtor(s):
Jessica Rose Murphy Represented By Thomas B Ure
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 97
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
CALL WITH MATTER 102.
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 99
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
CALL WITH MATTER 101
11:00 AM
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 40
- NONE LISTED -
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11:00 AM
Debtor(s):
Raquel Alvarado Represented By Matthew D. Resnik
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 11
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Court continued hearing to today to give debtor an opportunity to become current on payments. Is debtor now current? Is it in debtor's best interest for court to approve reaffirmation agreement? Hearing required.
11:00 AM
Debtor(s):
Manuel A Deras Pro Se
Joint Debtor(s):
Cecilia Deras Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020
Court continued hearing to give debtor an opportunity to negotiate with lender. Did debtor have any negotiations and, if so, what was the outcome of those negotiations.
11:00 AM
What does notation on the agreement that says something like, "No more payments for my daughter where funding comes from grants" mean?
Who is driving the vehicle? Hearing required.
Debtor(s):
Audwin Gene McCoy Represented By Daniel King
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020
Court continued hearing to give debtor an opportunity to negotiate with lender. Did debtor have any negotiations and, if so, what was the outcome of those negotiations.
11:00 AM
Debtor(s):
Elio Ernesto Aleman Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 16
- NONE LISTED -
OFF CALENDAR. CONTINUED TO AUGUST 6, 2020 AT 10:00 A.M. BEFORE JUDGE ROBLES.
Debtor(s):
Antony Calix Garcia Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 11
- NONE LISTED -
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Tentative Ruling for June 4, 2020
Deny approval. Not on mandatory form.
11:00 AM
Debtor(s):
Albert Anthony Morales Jr. Represented By Barry E Borowitz
Joint Debtor(s):
Arely Morales Represented By Barry E Borowitz
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 14
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Albert Anthony Morales Jr. Represented By Barry E Borowitz
Joint Debtor(s):
Arely Morales Represented By Barry E Borowitz
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
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Tentative Ruling for June 4, 2020
Court continued hearing to give debtor an opportunity to negotiate with lender. Did debtor have any negotiations and, if so, what was the outcome of those negotiations.
11:00 AM
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):
Tamera Anne Lawrence Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 11
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Deny approval. Debtor is co-signor only and not driving vehicle or making payments.
11:00 AM
Debtor(s):
Tania Noemi Arenas Represented By
Michael H Colmenares
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 23
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Elizabeth Damato Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Deny approval. Debtor is co-signor only and not driving vehicle or making payments.
11:00 AM
Debtor(s):
Hipatia Aguirre Represented By
Michael H Colmenares
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 17
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Eric Morales Represented By
Nicholas M Wajda
Joint Debtor(s):
Marykate Lorraine Morales Represented By Nicholas M Wajda
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 11
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Deny approval. Debtor does not drive car or make payments.
11:00 AM
Debtor(s):
Neil Lee Abeyta Represented By Daniel King
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 16
- NONE LISTED -
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Debtor(s):
Jacobo Vargas Represented By Jose Cervantes
11:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Lisa Way Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Rocio Plazola Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Hearing was continued to give debtor an opportunity to explore redemption. Has debtor done this?
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in
11:00 AM
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):
Taylor Smith Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 12
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Emerson Noe Rivera Represented By Marlin Branstetter
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 28
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Elizabeth Rodriguez Represented By Caroline S Kim
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Meeting ID: 161 501 9164
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Travis J. Takahashi Represented By Raymond H. Aver
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Luis Alberto Hernandez Represented By Michael E Clark
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Javier Gonzalez Gonzalez Jr. Represented By Heather J Canning
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
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Meeting ID: 161 501 9164
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Steven Lien Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 9
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Chunyuan Liu Represented By Maria W Tam
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 9
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Deny approval. Too much of the form is left blank. Court cannot tell what payments are, whether they would create a hardship, etc.
Is debtor driving the vehicle? If not, who is? Is original contract being modfied in
11:00 AM
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):
Thomas William Brubaker Represented By Daniel King
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Deny approval. Debtor lacks financial wherewithal to make payments. How much are the monthly payments? (Not disclosed on form.)
11:00 AM
Debtor(s):
Mozafar Tabibnia Represented By David S Hagen
Joint Debtor(s):
Elaheh Tabibnia Represented By David S Hagen
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Filoted Rivera Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Steve Lewis Represented By
Allan D Sarver
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Part D is blank.
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
11:00 AM
able to remain current on the payments? Hearing required.
Debtor(s):
Evelyn M Lopez Turcios Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 18
- NONE LISTED -
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Meeting ID: 161 501 9164
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Evelyn M Lopez Turcios Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
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Meeting ID: 161 501 9164
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Tentative Ruling for June 4, 2020:
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.
11:00 AM
Debtor(s):
Justo Barbosa Represented By Omar Zambrano
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 15
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
Is debtor driving the vehicle? If not, who is? Is this debtor's only vehicle? (Agreement is for a motorcycle.) Monthly payment is larger than the amount left on Part D. Coversheet is incomplete. How does debtor plan to make the payments?
11:00 AM
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):
Kevin Huntelman Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
[Presumption of Undue Hardship]
fr. 5-20-20
Docket 20
- NONE LISTED -
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Tentative Ruling for June 4, 2020:
11:00 AM
Matter was continued from May 20, 2020 because debtor failed to appear.
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):
Cesar James Nevarez Represented By Douglas L Weeks
Joint Debtor(s):
Francis Marie Nevarez Represented By Douglas L Weeks
Movant(s):
State Farm Bank, FSB C/O Twenty- Represented By
John Leary
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 127
6/8/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 6/9/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Youth Policy Institute, Inc. Represented By Kevin Meek
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Jason M Rund (TR) Represented By
10:00 AM
Keith Patrick Banner Jeffrey A Krieger
10:00 AM
MOVANT: LOGIX FEDERAL CREDIT UNION
Docket 25
6/8/20 - Reilly Wilkinson, (415)491-8900, has been approved for telephonic appearance on 6/9/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Nathaniel Luis Anthony Fonnegra Represented By
Eric Bensamochan
Movant(s):
LOGIX FEDERAL CREDIT Represented By Reilly D Wilkinson
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY LLC
Docket 33
6/8/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 6/9/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
KIVORK OHANES DONIKIAN Represented By
Silva Berejian
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
10:00 AM
MOVANT: MECHANICS BANK
Docket 7
6/8/20 - Vincent Frounjian, (818) 859-7511, has been approved for telephonic appearance on 6/9/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Petra Boca Represented By
Christie Cronenweth
Movant(s):
MECHANICS BANK Represented By Vincent V Frounjian
Trustee(s):
David M Goodrich (TR) Pro Se
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, 12-10-19, 2-25-20
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 February 25, 2020:
Revisit status of case after conclusion of hearing on motion to dismiss.
4/10/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to June 17, 2020 and continuing status conference to
2:00 PM
July 14, 2020 at 2:00 pm. OFF CALENDAR FOR JUNE 9, 2020. NO APPEARANCE REQUIRED.
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 Zev Shechtman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
2:00 PM
Adv#: 2:20-01077 United States Trustee (LA) v. Lopez-Castanon
Docket 1
6/8/20 - Kelly Morrison, (213)894-2603, has been approved for telephonic appearance on 6/9/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Mario David Lopez-Castanon Represented By
Michael H Colmenares
Defendant(s):
Mario David Lopez-Castanon Pro Se
Plaintiff(s):
United States Trustee (LA) Represented By Kelly L Morrison
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01185 Sallyport Commercial Finance, LLC v. Chen
fr. 8-27-19, 12-10-19, 3-10-20
Docket 1
6/8/20 - Lori Eropkin, (405)395-0516, has been approved for telephonic appearance on 6/9/20 @ 2pm
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
12/10/20 -- Court approved scheduling order with following dates:
Cont'd status conference -- March 10, 2020 at 2 L/D to file joint status report -- February 25, 2020
New deadline for completion of mediation -- March 10, 2020
Tentative Ruling for March 10, 2020:
Discuss with parties feasibility of proceeding with depositions and mediation via telephone and making other arrangements for production of documents in light of travel ban.
3/17/20 -- Court approved scheduling order setting following dates:
Cont'd status conference -- June 9, 2020 at 2:00 p.m. L/D to file joint status report -- May 26, 2020
L/D to complete mediation -- June 9, 2020
Tentative Ruling for June 9, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
How optimistic (or pessimistic) are the parties that the ongoing virtual mediation will lead to a settlement?
If defendant is not in a position to participate meaningfully in discovery in light of his presence and that of the documents in China, discuss with the parties the prospect that the Court may need to dismiss the underlying bankruptcy case.
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 Anne C Manalili
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
2:00 PM
Adv#: 2:20-01079 Davis v. Andrachick
Docket 1
6/8/20 - Keith Higgenbotham, (213)840-7800, has been approved for telephonic appearance on 6/9/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Plaintiff may want to amend complaint to correct error in paragraph 5 as to dates. Otherwise deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Debtor(s):
Jaime J Andrachick Represented By Jaenam J Coe
Defendant(s):
Jaime J Andrachick Pro Se
2:00 PM
Plaintiff(s):
Shaun Davis Represented By
David Brian Lally
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:20-01073 Willard v. Lockhart-Johnson
Docket 1
6/8/20 - Sherrie Lockhart-Johnson, (323)926-4991, has been approved for telephonic appearance on 6/9/20 @ 2pm
6/8/20 - Sharlene Willard, (323)779-2176, has been approved for telephonic appearance on 6/9/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue hearing to June 16, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss. APPEARANCES WAIVED ON JUNE 9, 2020.
Debtor(s):
Sherrie Nicole Lockhart-Johnson Represented By
Michael Okayo
Defendant(s):
Sherrie Nicole Lockhart-Johnson Pro Se
2:00 PM
Plaintiff(s):
Sharlene Willard Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:20-01078 Martinez v. Barreto et al
Docket 1
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Assets that are not disclosed on the debtor's schedules are not abandoned when the trustee files his final report. Once a bankruptcy is filed, fraudulent transfer claims become assets of the bankruptcy estate. The plaintiff lacks standing to prosecute this action and has violated the automatic stay by filing it. Dismiss action without prejudice. If plaintiff would like to bring this action, she will need to enter into an agreement with the trustee pursuant to which the trustee abandons the action. If the underlying bankruptcy case has been closed, plaintiff will need to reopen the case.
Debtor(s):
Jessika Andrea Barreto Represented By Donald E Iwuchuku
2:00 PM
Defendant(s):
Jessika Andrea Barreto Represented By
Anthony Obehi Egbase
Grettel Ballestreros Represented By
Anthony Obehi Egbase
DOES 1 through 50, inclusive Pro Se
Plaintiff(s):
Claudia Margarita Martinez Represented By Eamon Jafari
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
Docket 71
6/8/20 - Candice Bryner, (949)371-9056, has been approved for telephonic appearance on 6/9/20 @ 2pm
6/9/20 - Rachel Carlsen, (661)644-1502, has been approved for telephonic appearance on 6/9/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
In response to an earlier motion to dismiss defendant's prior cross-complaint, the court dismissed all claims against defendants other than the plaintiffs. In other words, the court instructed defendant to state only counterclaims against the plaintiffs and not bring in any third parties with a third party complaint.
Under the Federal Rules of Bankruptcy Procedure, made applicable herein by the Federal Rules of Bankruptcy Procedure, the deadline for filing a responsive pleading is 21 days after service of the pleading to which the party is responding.
Fed.R.Civ.Proc. 12. Mandatory counterclaims, that is claims that arise out of the same transaction or occurrence as the facts pleaded in the complaint, that exist as of the time the responsive pleading is filed must be included in/filed at the same time as the responsive pleading. Fed.R.Civ.Proc. 13. If these claims haven't arisen yet at the
2:00 PM
time the responsive pleading is filed, the court is permitted to set a later deadline for the filing of these claims. Fed.R.Civ.Proc. 13.
Defendant states in her opposition to the motion to strike that the claims she has raised in the document that she has labelled as a Second Amended Cross-complaint even though it is her first amended cross-complaint, "are based on the same facts represented in the First Amended Complaint" Opposition, p. 4 at lines 1-2. These claims, if they exist at all, existed at the time defendant filed her answer to the first amended complaint and are mandatory counterclaims. Therefore, they should have been asserted at the same time as her answer to complaint.
The court instructed plaintiffs to file their first amended complaint not later than January 31, 2020. The Federal Rules provide for a 21 day period to respond to a complaint. The first amended complaint was filed on January 31, 2020. Therefore, ordinarily, defendant's answer would have been due on February 21, 2020. At defendant's request, the court gave the defendant additional time to respond to the complaint -- namely, a total of 42 days, or until March 13, 2020. To avoid any doubt on the issue, the order entered by the court expressly provided that defendant should file any answer and any cross-complaint not later than March 13, 2020. Instead of filing her counterclaims at the same time as her answer by the deadline the court had imposed, she filed an answer on March 13, 2020 and a separate cross-complaint a month and a half later on April 27, 2020. She has not offered any explanation of any kind for this delay or for splitting her response to the first amended complaint into two separate documents, and the court had already provided an extended period for her to file her responsive pleadings. Defendant failed to file her cross-complaint in a timely manner. Grant motion. Strike document identified as second amended cross- complaint.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
Movant(s):
Mark Guirguis Represented By
2:00 PM
Candice Candice Bryner
Mark Guirguis Represented By
Candice Candice Bryner
Mark Guirguis Represented By
Candice Candice Bryner
Plaintiff(s):
Tyler Fred Represented By
Candice Candice Bryner
Mark Guirguis Represented By
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
[Presumption of Undue Hardship]
Docket 8
6/9/20 - Michael Colmenares, (562)879-0653, has been approved for telephonic appearance on 6/10/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
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):
Alejandro Baron Represented By
Michael H Colmenares
Movant(s):
TOYOTA MOTOR CREDIT Represented By John Rafferty
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 412
6/8/20 - Elissa Miller, (213)617-5234, has been approved for telephonic appearance on 6/10/20 @ 10am
6/8/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/10/20 @ 10am
6/9/20 - Sharon Weiss, (310)576-2276, has been approved for telephonic appearance on 6/9/20 @ 2pm
6/9/20 - Giovanni Orantes, (213)389-4362, has been approved for telephonic appearance on 6/10/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
There is no problem with authorizing the employment of Mr. Orantes for the period between March 30, 2020 and the conversion date. The issue is the appropriate disposition of the $18,000 retainer that Mr. Orantes received. The debtor alleges in a supplemental declaration that these funds came from his post-petition earnings and not from rents. If in fact these monies came from post-petition earnings, the court agrees with the debtor that they are not property of his chapter 7 bankruptcy estate, but if they came from rents, they are property of the bankruptcy estate and should be
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disgorged to the chapter 7 trustee. Court cannot resolve this issue summarily based on one line in the debtor's declaration.
Approve employment without prejudice to the ability of the chapter 7 trustee's ability to require turnover of the retainer if these funds prove to be property of the debtor's chapter 7 bankruptcy estate. Trustee can conduct whatever investigation and analysis she deems approriate and proceed accordingly.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
10:00 AM
Docket 228
6/8/20 - Marsha Houston, (213)457-8067, has been approved for telephonic appearance on 6/10/20 @ 10am
6/9/20 - Elan Levey, (213)894-3997, has been approved for telephonic appearance on 6/10/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court is not troubled by the timing of this motion. Debtor has not yet spent the money and can return it if not authorized to obtain the loan. Court would not have wanted debtor to bring this motion before it knew whether it would be able to obtain the funds in question in any event.
With regard to the objections, this is a motion to AUTHORIZE the debtor to obtain the financing under section 364, not to compel anyone to extend a loan to the debtor. An order of this court granting the motion is not a determination by this court that the SBA or Wells Fargo can be compelled to make a PPP loan to this debtor. Court need only determine whether permitting the debtor to obtain the loan would be in the best interest of the estate. The answer to this question is easy. If the debtor complies with
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the relevant loan terms, the debtor will not be required to pay the funds back. How could it not be in the debtor's interest to obtain a post-petition infusion of cash that need not be repaid? The only instance in which it might not be in the debtor's best interest to receive this loan is if it would give rise to an administrative claim for fraud for the debtor to take the money.
However, at the time the debtor completed its loan application (April 21, 2020), there was no rule barring businesses in bankruptcy from obtaining PPP loans. That rule was not enacted until April 24, 2020 and was not published until April 28, 2020.
Therefore, the debtor did not make a false representation at the time it completed the loan application. Nevertheless, it would be ill-advised for the debtor to expend these funds unless and until it is clear that Wells Fargo was aware that its borrower was a debtor in possession at the time it approved and funded the loan. (It is hard to see how this fact could have been lost on Wells Fargo in light of the fact that the loan proceeds were funded into a DEBTOR IN POSSESSION account at its own institution, but who knows?) Therefore, the hearing should be continued to give the debtor an opportunity to serve the motion on the SBA and Wells Fargo. If, under the circumstances, Wells Fargo is still willing to proceed with the loan and does not demand a refund, it is not up to this court to stop Wells Fargo from making this loan.
To restate the obvious, the debtor has not sought a determination from this court as to whether it is or is not a violation of any section of the bankruptcy code to refuse to extend a PPP loan to a debtor in possession and has not brought an adversary proceeding seeking an injunction prohibiting the SBA from refusing to authorize this loan.
In the alternative, if the debtor would prefer, grant motion to dismiss the bankruptcy case.
6/9/2020 -- Court approved stipulation continuing hearing to July 1, 2020 at 11:00
a.m. OFF CALENDAR FOR JUNE 10, 2020. NO APPEARANCE REQUIRED.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan
10:00 AM
James R Selth Crystle Jane Lindsey
10:00 AM
Docket 66
5/28/20 - Louis Esbin, (661)305-8995, has been approved for telephonic appearance on 6/10/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Deny objection insofar as it seeks to have the court modify the contract rate of 9 percent to a "Till" rate of 4.5 percent. There is no theory under which the court could grant such relief in this context. This is not a plan confirmation hearing in which the court is determining whether a proposed treatment gives a secured creditor the present value of its claim.
Is it appropriate for this to be brought as a claim objection, rather than as an adversary proceeding, in light of the fact that the debtor seeks to determine the extent of a secured creditor's lien? But, more importantly, now that the lender has conducted a nonjudicial foreclosure and waived its deficiency claim, the lender will not be asserting a claim against the estate and, therefore, this claim objection appears moot. Unless and until the debtor succeeds in setting aside the foreclosure, what difference does it make how much the debtor owed this creditor prior to the foreclosure?
Isn't there already an action pending in state court concerning these issues? Why shouldn't these issues be adjudicated in that action? Any theory under which the
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debtor may be able to avoid default interest as a penalty would be entirely an issue of state law in any event.
Hearing required.
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
Movant(s):
Grandview Hills LLC Represented By Louis J Esbin
11:00 AM
fr. 3-18-20
Docket 1337
- NONE LISTED -
PARTIES ARE ENCOURAGED TO MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Discuss with parties how to proceed at this juncture in light of partial reversal and remand from district court. Explore whether trustee would like to submit new papers or have court revisit compensation based on existing record.
Hearing required.
4/23/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 3, 2020
L/D for Clifton Capital to file response -- July 15, 2020 L/D for trustee to file reply -- July 29, 2020
Cont'd hearing -- August 5, 2020 at 11:00
OFF CALENDAR FOR JUNE 10, 2020
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
11:00 AM
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 Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
fr. 6-3-20
Docket 14
6/8/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/10/20 @ 11am
6/9/20 - Ronald Ask, (951)684-5608, has been approved for telephonic appearance on 6/10/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Tentative Ruling from June 3, 2020:
Court will not approve an "earned on receipt" retainer. Is counsel trying to say that, at his hourly rate, the entire retainer was consumed by his fees as of the bankruptcy filing? Hearing required.
Final Ruling from June 3, 2020:
Proposed counsel advised that most of the $5,000 retainer had been used up prepetition but that counsel had not drawn down on the funds prepetition, leaving proposed counsel with a prepetition claim in the vicinity of $3,000 to $5,000. Court
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advised proposed counsel that, as a prepetition creditor, counsel would not be disinterested and gave counsel the option to either withdrawn the employment application and keep the claim or to waive the prepetition claim. Counsel requested a continuance to evaluate the options. Court continued hearing to June 10, 2020 at 11:00 a.m.
Tentative Ruling for June 10, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Has proposed counsel decided how it would like to proceed in light of the court's comments on June 3, 2020? Hearing required.
Debtor(s):
Hallmark Ventures, LLC Represented By Ronald W Ask
11:00 AM
to Approve Compromises and Settlements with Oregon Defendants in Two Adversary Proceedings
for Authority to Pay Special Counsel's Contingency Fee and Costs fr. 6-3-20
Docket 378
6/5/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 6/10/20 @ 11am
6/8/20 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 6/10/20 @ 11am
6/9/20 - Aaron DeLeest, (310)277-0077, has been approved for telephonic appearance on 6/10/20 @ 11am
6/9/20 - Brad Krasnoff, (310)277-0077, has been approved for telephonic appearance on 6/10/20 @ 11am
6/9/20 - Joseph Field, (503)417-5507, has been approved for telephonic appearance on 6/10/20 @ 11am
6/9/20 - Stephen Weaver (818)331-6219, has been approved for telephonic appearance on 6/10/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
11:00 AM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Tentative Ruling for June 3, 2020:
Rulings on Trustee's Objection to Sanhi Declaration:
1, Sustain (lack of personal knowledge)
Sustain (lack of foundation)
Sustain (lack of foundation)
Sustain (lack of personal knowledge)
Sustain (lack of foundation)
Overrule
Overrule
Sustain (lack of foundation)
Overrule as to first sentence. Sustain as to balance (lack of foundation)
Sustain (lack of foundation)
Overrule as to first sentence. Sustain as to balance (lack of foundation)
Tentative Ruling on Merits:
Court agrees with trustee that offer from Sanhi with conditions is not the functional equivalent of the compromise. (Do settling parties have any claims against the estate that are being withdrawn?) If Sanhi is willing to offer overbid without conditions and provides trustee with cashier's check for $50,000, continue hearing to give settling parties an opportunity to participate in an auction.
Final Ruling for June 3, 2020:
Trustee's counsel represented that dismissals in Oregon actions could easily be vacated and the actions resurrected if Sanhi were to purchase the claims. Counsel for Sanhi represented that, if these actions can be resurrected, Sanhi would be interested in purchasing the claims for $50,000. It is unclear whether defendants' cooperation would be required to resurrect the action and whether court order requiring defendants
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to execute such documents as may be necessary to permit the trustee to effectuate a sale would be sufficient. Court continued hearing to June 10, 2020 at 11:00 a.m. and directed counsel for Sanhi to conduct whatever due diligence necessary to enable him to decide whether he wants to purchase the claims and to file any supplemental papers by noon on June 9, 2020. If Sanhi wants to purchase the claims, he will need to deposit $50,000 with counsel for the trustee by noon on June 9, 2020.
Tentative Ruling for June 10, 2020:
Did Sanhi make the required payment? Is Sanhi interested in proceeding with a purchase of the claims for $50,000? (Defendants previously advised that they do not intend to overbid.)
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 Sonia Singh
12:30 PM
to Approve Compromises and Settlements with Oregon Defendants in Two Adversary Proceedings
for Authority to Pay Special Counsel's Contingency Fee and Costs fr. 6-3-20
Docket 378
6/5/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 6/10/20 @ 12:30pm
6/8/20 - Leslie Cohen, (310)394-5900, has been approved for telephonic appearance on 6/10/20 @ 12:30pm
6/9/20 - Aaron DeLeest, (310)277-0077, has been approved for telephonic appearance on 6/10/20 @ 12:30pm
6/9/20 - Brad Krasnoff, (310)277-0077, has been approved for telephonic appearance on 6/10/20 @ 12:30pm
6/9/20 - Joseph Field, (503)417-5507, has been approved for telephonic appearance on 6/10/20 @ 12:30pm
6/9/20 - Stephen Weaver (818)331-6219, has been approved for telephonic appearance on 6/10/20 @ 12:30pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
12:30 PM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Tentative Ruling for June 3, 2020:
Rulings on Trustee's Objection to Sanhi Declaration:
1, Sustain (lack of personal knowledge)
Sustain (lack of foundation)
Sustain (lack of foundation)
Sustain (lack of personal knowledge)
Sustain (lack of foundation)
Overrule
Overrule
Sustain (lack of foundation)
Overrule as to first sentence. Sustain as to balance (lack of foundation)
Sustain (lack of foundation)
Overrule as to first sentence. Sustain as to balance (lack of foundation)
Tentative Ruling on Merits:
Court agrees with trustee that offer from Sanhi with conditions is not the functional equivalent of the compromise. (Do settling parties have any claims against the estate that are being withdrawn?) If Sanhi is willing to offer overbid without conditions and provides trustee with cashier's check for $50,000, continue hearing to give settling parties an opportunity to participate in an auction.
Final Ruling for June 3, 2020:
Trustee's counsel represented that dismissals in Oregon actions could easily be vacated and the actions resurrected if Sanhi were to purchase the claims. Counsel for Sanhi represented that, if these actions can be resurrected, Sanhi would be interested in purchasing the claims for $50,000. It is unclear whether defendants' cooperation would be required to resurrect the action and whether court order requiring defendants
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to execute such documents as may be necessary to permit the trustee to effectuate a sale would be sufficient. Court continued hearing to June 10, 2020 at 11:00 a.m. and directed counsel for Sanhi to conduct whatever due diligence necessary to enable him to decide whether he wants to purchase the claims and to file any supplemental papers by noon on June 9, 2020. If Sanhi wants to purchase the claims, he will need to deposit $50,000 with counsel for the trustee by noon on June 9, 2020.
Tentative Ruling for June 10, 2020:
Did Sanhi make the required payment? Is Sanhi interested in proceeding with a purchase of the claims for $50,000? (Defendants previously advised that they do not intend to overbid.)
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 Sonia Singh
2:00 PM
Docket 119
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
JUNG SHUP SIM Represented By Jaenam J Coe
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
Docket 31
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Maria Rojo Represented By
D Justin Harelik
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Docket 336
6/9/20 - Peter Mastan, (213)335-7738, has been approved for telephonic appearance on 6/10/20 @ 2pm
6/9/20 - Vernon Calder, (801)321-0053, has been approved for telephonic appearance on 6/10/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on interim basis fees of $43,938.50 and costs of $112.57. 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
2:00 PM
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
2:00 PM
Docket 339
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on interim basis fees of $73,575.50 and costs of $108.12. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
2:00 PM
R. Todd Neilson (TR), Trustee Chapter 9/11, Period: 11/1/2018 to 4/30/2020
[Fees requested: $200,404.01, Expenses: $2,855.42]
Docket 341
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on interim basis fees of $200,404.01 and costs of $2,855.42. 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 345
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on interim basis fees of $109,348.50 and costs of
$11,734.35. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
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 requeseted: $208,099.50, Expenses: $4,071.59]
Docket 143
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on a final basis fees of $208,099.50 and costs of $4,071.59. Ratify payments made to date and authorize payment of remaining balance due on terms set forth in plan. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
2:00 PM
Docket 144
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant application. Allow on a final basis fees of $27,350 and costs of $1,266.25. Ratify payments made to date and authorize payment of remaining balance due on terms set forth in plan. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 22
6/15/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 6/16/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
LUZ E ENRIQUEZ Represented By Misty Wilks
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang Sheryl K Ith
10:00 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 27
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Nathaniel Luis Anthony Fonnegra Represented By
Eric Bensamochan
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang Sheryl K Ith
10:00 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: UTICA LEASOCO, LLC.
Docket 9
6/15/20 - Raffi Khatchadourian, (818)501-3800 x 107, has been approved for telephonic appearance on 6/16/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3). Include extraordinary relief paragraphs 9 and 10.
Debtor(s):
WOODEN BAKERY INC Represented By Silva Berejian
Movant(s):
UTICA LEASECO, LLC, a Florida Represented By
Raffi Khatchadourian
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01044 Dye v. Babaie et al
fr. 4-9-19, 5-7-19, 9-17-19, 11-12-19, 1-14-20, 3-17-20, 4-29-20
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.
Tentative Ruling for January 14, 2020:
Where is joint status report that should have been filed by December 31, 2019? At last status conference, parties reported that matter had been settled and that there would be a lump sum settlement. What, if anything, has transpired since the last settlement conference? (Docket does not reflect filing of a motion to compromise or to sell assets.) Hearing required.
Final Ruling for January 14, 2020:
Continue status conference to March 17, 2020 at 2:00 pm. Parties should file joint status report in March 3, 2020. Plaintiff should serve notice of continued status conference.
Tentative Ruling for March 17, 2020:
Where is status report that should have been filed by March 3, 2020?
3/16/20 -- Court approved stipulation continuing hearing to April 29, 2020 at 10:00 a.m. OFF CALENDAR FOR MARCH 17, 2020. NO APPEARANCE REQUIRED.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE
2:00 PM
INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Assuming court grants motion for approval of sale of claims, what will become of this adversary proceeding? Hearing required.
5/21/20 -- Court approved stipulation re dismissal. OFF CALENDAR. 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#: 2:19-01518 Goodrich v. Fernandez
fr. 2-25-20, 5-12-20
Docket 1
4/7/20 - Another summons issued.
At parties' request (in status report), continue status conference to May 12, 2020 at 2:00 p.m. Parties should file updated status report not later than April 28, 2020. APPEARANCES WAIVED ON FEBRUARY 25, 2020.
4/17/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to May 20, 2020 and continuing status conference to June 16, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 12, 2020.
5/18/20 -- Court approved stipulation extending response date to June 17, 2020 and continuing status conference to July 14, 2020 at 2:00 p.m. OFF
CALENDAR FOR JUNE 16, 2020.
Debtor(s):
Raymond A Fernandez Represented By Christie Cronenweth
Defendant(s):
Imelda Merton Fernandez Represented By Shai S Oved
2:00 PM
Plaintiff(s):
David M Goodrich Represented By
Alastair M Gesmundo
Trustee(s):
David M Goodrich (TR) Represented By Richard H Golubow
2:00 PM
Adv#: 2:20-01095 Suerte Holdings, LLC v. JEON
Docket 1
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference to June 30, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss calendared for that date. OFF CALENDAR FOR JUNE 16, 2020. NO APPEARANCE REQUIRED.
Debtor(s):
ERIN JEON Represented By
Jaenam J Coe Gilad Berkowitz
Defendant(s):
ERIN JEON Represented By
Jaenam J Coe
2:00 PM
Joint Debtor(s):
Jong Kim Represented By
Jaenam J Coe Gilad Berkowitz
Plaintiff(s):
Suerte Holdings, LLC Represented By Joseph Chora
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:19-01170 Farwell v. Herzstock
J. Herzstock
fr. 8-27-19, 12-3-19, 3-10-20
Docket 1
6/15/20 - Edward Herzstock, (424)262-2896, has been approved for telephonic appearance on 6/16/20 @ 2pm
6/15/20 - Zachary Levine, (818)241-7499, has been approved for telephonic appearance on 6/16/20 @ 2pm
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?
Final Ruling for December 3, 2019:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties should file joint status report by February 25, 2020. Parties are to complete a day of mediation by March 10, 2020 and should lodge an order appointing mediators by December 24, 2019. Plaintiff should lodge scheduling order.
2:00 PM
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order as instructed at prior status conference. Impose additional sanctions of $250 on counsel for plaintiff and defendant in pro per for failing to lodge an order appointing mediators and complete a day of mediation by March 10, 2020, as directed by the Court. Impose additional sanctions of
$150 on defendant in pro per for failing to participate in preparation of joint status report. Lack of cooperation from defendant does not excuse plaintiff from deadlines established by the Court. These are joint obligations.
Set discovery cutoff for late May, 2020. Set deadline for filing pretrial motions. Order parties AGAIN to conduct mediation. If defendant does not cooperate in selection of mediators, plaintiff should lodge unilateral order appointing mediators. If parties do not complete mediation by new deadline, court will impose additional monetary sanctions of not less than $500. Court does not consider its deadlines to be optional.
3/11/20 -- Court issued scheduling order with the following dates: Cont'd status conference -- June 16, 2020 at 2:00 pm
Discovery cutoff -- May 31, 2020
L/D to file pretrial motions -- June 15, 2020
L/D to lodge order appointing mediators -- March 23, 2020 L/D to complete mediation -- June 16, 2020
Court imposed sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order after last status conference.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
2:00 PM
Impose sanctions of $150 on defendant for failing to participate in the preparation of a joint status report. Impose additional $150 in sanctions on defendant for failing to cooperate in the scheduling of mediation. The deadline for filing pretrial motions was June 15, 2020. If defendant has not responded to discovery requests, why hasn't plaintiff filed motion to compel discovery? Hearing required.
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, 12-3-19, 3-10-20
Docket 1
6/15/20 - Edward Herzstock, (424)262-2896, has been approved for telephonic appearance on 6/16/20 @ 2pm
6/15/20 - Zachary Levine, (818)241-7499, has been approved for telephonic appearance on 6/16/20 @ 2pm
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?
Final Ruling for December 3, 2019:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties should file joint status report by February 25, 2020. Parties are to complete a day of mediation by March 10, 2020 and should lodge an order appointing mediators by December 24, 2019. Plaintiff should lodge scheduling order.
2:00 PM
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order as instructed at prior status conference. Impose additional sanctions of $250 on counsel for plaintiff and defendant in pro per for failing to lodge an order appointing mediators and complete a day of mediation by March 10, 2020, as directed by the Court. Impose additional sanctions of
$150 on defendant in pro per for failing to participate in preparation of joint status report. Lack of cooperation from defendant does not excuse plaintiff from deadlines established by the Court. These are joint obligations.
Set discovery cutoff for late May, 2020. Set deadline for filing pretrial motions. Order parties AGAIN to conduct mediation. If defendant does not cooperate in selection of mediators, plaintiff should lodge unilateral order appointing mediators. If parties do not complete mediation by new deadline, court will impose additional monetary sanctions of not less than $500. Court does not consider its deadlines to be optional.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Impose sanctions of $150 on defendant for failing to participate in the preparation of a joint status report. Impose additional $500 in sanctions on defendant for failing to cooperate in the scheduling of mediation. The deadline for filing pretrial motions was June 15, 2020. If defendant has not responded to discovery requests, why hasn't plaintiff filed motion to compel discovery? Hearing required.
2:00 PM
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#: 2:19-01172 XMI FINANCIAL SERVICES, LLC, a Limited Liability C v. Avakian
fr. 8-27-19, 12-3-19, 3-10-20
Docket 1
6/15/20 - Raffi Khatchadourian, (818)501-3800 x 107, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/15/20 - David Kritzer, (818)285-0100 x 213, has been approved for telephonic appearance on 6/16/20 @ 2pm.
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020 12/27/19 -- Court approved order appointing mediators.
Tentative Ruling for March 10, 2020:
Did the parties complete their court-ordered mediation? If not, why not? Hearing required.
2:00 PM
3/11/20 -- Court issued scheduling order with the following dates: Cont'd status conference -- June 16, 2020 at 2:00 pm
Discovery cutoff -- May 31, 2020
L/D to file pretrial motions -- June 15, 2020
L/D to lodge order appointing mediators -- March 23, 2020 L/D to complete mediation -- June 16, 2020
Court imposed sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order after last status conference.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Parties report that matter has been settled. Discuss with parties the structure of the settlement and options based on parties' desire to retain the ability to return to court in the event of a default. Hearing required.
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
Raffi Khatchadourian
2:00 PM
Trustee(s):
Matthew D. Resnik
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, 12-3-19, 3-10-20
Docket 1
6/15/20 - Raffi Khatchadourian, (818)501-3800 x 107, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/15/20 - David Kritzer, (818)285-0100 x 213, has been approved for telephonic appearance on 6/16/20 @ 2pm.
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020
Tentative Ruling for March 10, 2020:
Did the parties complete their court-ordered mediation? If not, why not? Hearing required.
12/27/19 -- Court approved order appointing mediators.
2:00 PM
3/12/20 -- Court approved scheduling order with following dates:
Cont'd status conference -- 6/16/20 at 2:00 pm L/D to file joint status report -- 6/2/20
L/D to complete mediation -- 6/16/20
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Parties report that matter has been settled. Discuss with parties the structure of the settlement and options based on parties' desire to retain the ability to return to court in the event of a default. Hearing required.
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, 12-3-19, 3-10-20
Docket 1
6/15/20 - Valerie Bantner Peo (415)227-0900, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/15/20 - Denise Field (415)227-3547, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/15/20 - David Kritzer, (818)285-0100 x 213, has been approved for telephonic appearance on 6/16/20 @ 2pm.
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020 12/27/19 -- Court approved order appointing mediators.
Tentative Ruling for March 10, 2020:
2:00 PM
When court sets a deadline, parties should either comply with that deadline or file a stipulation requesting an extension of that deadline.
Hearing required.
3/12/20 -- Court approved scheduling order with following dates:
Cont'd status conference -- 6/16/20 at 2:00 pm L/D to file joint status report -- 6/2/20
L/D to complete mediation -- 6/16/20
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Parties have requested an extension of the deadline to complete discovery to July 31, 2020 and a continuance of the status conference to a date thereafter. Plaintiff may lodge scheduling order extending deadline for completion of discovery to July 31, 2020 and continuing status conference to September 15, 2020 at 2:00 p.m.
Continue status conference to September 15, 2020 at 2:00 p.m. APPEARANCES WAIVED ON JUNE 16, 2020.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D. Resnik
2:00 PM
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 18
6/5/20 - Marshall Brubacher, (909)890-9500, has been approved for telephonic appearance on /16/20 @ 2pm
6/15/20 - David Kritzer, (818)285-0100 x 213, has been approved for telephonic appearance on 6/16/20 @ 2pm.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed counsel's response to OSC. Vacate/discharge OSC.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
Defendant(s):
Sergik Avakian Represented By Matthew D. Resnik
2:00 PM
Plaintiff(s):
ACRA SEIKI, Inc., a California Represented By Marshall L Brubacher Matthew D. Resnik
Acra Machinery, Inc., a California Represented By
Marshall L Brubacher Matthew D. Resnik
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, 12-3-19, 3-10-20
Docket 1
6/5/20 - Marshall Brubacher, (909)890-9500, has been approved for telephonic appearance on /16/20 @ 2pm
6/15/20 - David Kritzer, (818)285-0100 x 213, has been approved for telephonic appearance on 6/16/20 @ 2pm.
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/27/19 -- Court approved order appointing mediators.
Final Ruling for March 10, 2020:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties are to file joint status report not later than February 25, 2020. Parties should lodge an order appointing mediators not later than December 24, 2020 and should complete a day of mediation not later than March 10, 2020. Plaintiff should lodge scheduling order.
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order. Impose sanctions of $150 each on counsel for parties for
2:00 PM
failing to file joint status report in a timely manner.
Did the parties complete a day of mediation as previously ordered by the Court? If not, why not?
Hearing required.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference approximately 90 days. 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 SEIKI, Inc., a California Represented By Marshall L Brubacher Matthew D. Resnik
Acra Machinery, Inc., a California Represented By
Marshall L Brubacher Matthew D. Resnik
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:20-01073 Willard v. Lockhart-Johnson
Docket 5
6/15/20 - Sherrie Lockhart-Johnson, (323)926-4991, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/15/20 - Sharlene Willard, (323)779-2176, has been approved for telephonic appearance on 6/16/20 @ 2pm.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant without leave to amend. The complaint itself says that debtor does not owe creditor any money. The allegations of the complaint are that the debtor's HUSBAND and not the debtor defrauded the creditor. None of the wrongful or fraudulent conduct alleged in the complaint is that of the debtor. This is not a basis to hold the debtor responsible for the debt or to have the debt excepted from the discharge that the debtor will receive in this bankruptcy. (As the complaint itself alleges, state court has already held that debtor is not responsible for this debt.) Debtor's husband will not receive a discharge in this bankruptcy.
(Complaint contains allegations about inaccuracies in the schedules, but this is not a complaint under section 727. It is a complaint under section 523(a)(2)(A), and plaintiff herself says that it is the debtor's husband who defrauded her and not the debtor.)
2:00 PM
Debtor(s):
Sherrie Nicole Lockhart-Johnson Represented By
Michael Okayo
Defendant(s):
Sherrie Nicole Lockhart-Johnson Pro Se
Movant(s):
Sherrie Nicole Lockhart-Johnson Pro Se
Plaintiff(s):
Sharlene Willard Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:20-01073 Willard v. Lockhart-Johnson
fr. 6-9-20
Docket 1
6/15/20 - Sherrie Lockhart-Johnson, (323)926-4991, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/15/20 - Sharlene Willard, (323)779-2176, has been approved for telephonic appearance on 6/16/20 @ 2pm.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of case after conclusion of hearing on motion to dismiss.
Debtor(s):
Sherrie Nicole Lockhart-Johnson Represented By
Michael Okayo
2:00 PM
Defendant(s):
Sherrie Nicole Lockhart-Johnson Pro Se
Plaintiff(s):
Sharlene Willard Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Reissuing a Warrant for Baker's Arrest Based on his ongoing Civil Contempt;
Granting Bruce Anderson Permission to Log Into and Examine Baker's Online Accounts
for Related Relief fr. 5-19-20
Docket 661
6/8/20 - Jessica Ponce, (213)263-2911, has been approved for telephonic appearance on 6/16/20 @ 2pm
6/8/20 - Peter Arhangelsky, 602)334-4416, has been approved for telephonic appearance on 6/16/20 @ 2pm
6/15/20 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/15/20 - James Murtagh, (818)382-6200 x 129, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/16/20 - Derek Linke, (206)274-2800, has been approved for telephonic appearance on 6/16/20 @ 2pm.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
2:00 PM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Rulings on Baker's Evidentiary Objections:
(for ease of reference, court has numbered paragraphs of objections sequentially)
Anderson Declaration
Overrule. (First sentence is admission of party opponent. Second sentence is opinion of an expert. Fact that Baker may disagree with expert's opinion does not make it inadmissible.)
Sustain (hearsay).
Overrule.
Sustain (lack of foundation).
Overrule.
Overrule.
Murtagh Declaration
Overrule.
Sustain (hearsay).
Sustain (lack of foundation).
Overrule as to sentence about date on which index page became unavailable. Sustain as to balance (lack of foundation).
Overrule.
Sustain (best evidence).
Overrule as to first two sentences about checking for listed files. Sustain as to sentence that begins, "In other words," for lack of foundation/speculation.
Sustain (speculation).
Sustain (lack of foundation and hearsay). (Court does not agree that financial information is irrelevant.)
Tentative Ruling on Merits:
Deny motion on both procedural and substantive grounds. Court agrees that this is
2:00 PM
not the appropriate procedure for having someone held in contempt and that the motion does not specify any legal basis for relief sought. As a factual matter, the Declaration of Neil Broom states that Baker did cooperate and give Broom access to the files in question. Mr. Broom testifies that Baker did comply with the Court's prior orders with regard to the matters at issue in this motion and that he has copied all of the files in question. Did plaintiff discuss this motion with Mr. Broom before filing it? (NOTE: Baker should not expect this court to award sanctions as against Murtagh for filing this motion unless and until Baker has paid all of the amounts that he has been ordered to pay in this action.)
Final Ruling for May 19, 2020:
Continue hearing to June 16, 2020 at 2:00 p.m. to give movant an opportunity to talk with Mr. Broom about obtaining information that plaintiff wants and clarifying any misunderstandings between plaintiff and the neutral expert as to what has and has not been turned over by defendant so that we can resolve at continued hearing whether there is any additional data to be turned over or not. If there is additional data, court will enter order requiring turnover of that data. If Baker does not comply with this new order, plaintiff can seek to hold him in contempt for not compling with that order.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Did plaintiff in fact confer with Mr. Broom for the purposes identified by the court on the record at the May 19 hearing? Where do we currently stand? Does Mr. Broom have the additional data that plaintiff is looking for? If so, have the plaintiff and Mr. Broom negotiated an additional stipulation? (Court reviewed plaintiff's status report, but it does not adress these issues.) Hearing required.
2:00 PM
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 David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke
James Murtagh Represented By David P Bleistein Lisa Hiraide Michael J Conway Douglas M Neistat
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke
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, 3-12-19, 4-2-19, 6-11-19,
7-30-19, 10-15-19,11-19-19, 12-3-19, 3-31-20
Docket 1
6/8/20 - Jessica Ponce, (213)263-2911, has been approved for telephonic appearance on 6/16/20 @ 2pm
6/8/20 - Peter Arhangelsky, 602)334-4416, has been approved for telephonic appearance on 6/16/20 @ 2pm
6/15/20 - Douglas Neistat, (818)382-6200, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/15/20 - James Murtagh, (818)382-6200 x 129, has been approved for telephonic appearance on 6/16/20 @ 2pm.
6/16/20 - Derek Linke, (206)274-2800, has been approved for telephonic appearance on 6/16/20 @ 2pm.
Defendant's counsel should not handwrite documents to be filed with the Court. His writing is illegible.
Continue status conference to May 10, 2016 at 2:00 p.m. to be heard concurrently with related matters that will be on calendar for that date. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
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:
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.
2:00 PM
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 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
2:00 PM
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.
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.
2:00 PM
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:
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
2:00 PM
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).
Final Ruling for December 3, 2019:
Continue status conference to March 31, 2020 at 2:00 p.m. Plaintiff should file and serve a unilateral status report not later than March 17, 2020.
Tentative Ruling for March 31, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Where is the status report that plaintiff should have filed by March 17? Why hasn't counsel for plaintiff filed stipulation with Mr. Broom or lodged order resolving motion for turnover? Hearing required.
Status report filed on March 27, 2020. Court received copy on March 30, 2020. It now appears that plaintiff has abandoned any attempts to obtain information from Mr. Broom and plans to file yet another motion that he believes will enable him to maintain the information that he desires. Has that motion been filed and, if so, when is it set for hearing? Court still needs the order that plaintiff was to lodge in connection with turnover motion. Court will not want to rule on that motion until it has memorialized in an order its prior ruling on the latest turnover motion.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT
2:00 PM
866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of related matter on calendar. Discuss with parties plaintiff's request for a further extension of deadline to file motion for default judgment.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - 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 Derek Linke
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
fr. 5-6-20
Docket 65
6/9/20 - Notice mailed to parties rescheduling hearing to JUNE 17, 2020 @ 11AM.
4/21/20 -- Court approved stipulation continuing hearing to June 17, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 6, 2020.
Debtor(s):
Reliance Majestic Holdings LLC Represented By
Barry K Rothman - INACTIVE -
Movant(s):
John J Menchaca (TR) Represented By Wesley H Avery
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
11:00 AM
Docket 25
6/16/20 - Lynda Jacobs, (844)869-0999, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Vernon Yancy, (213)480-0200, has been approved for telephonic appearance on 6/17/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
A lien avoidance motion is not the appropriate procedural context for the court to resolve whether or not a claim is dischargeable or whether a judgment may be collaterally attacked. The only issue raised by this motion is whether the judgment lien impairs an exemption to which the debtor is entitled. The opposition to the motion does not contain any useful information or argument on this point (and consists entirely of a stack of documents that do not appear to be in dispute).
The debtor scheduled certain items of personal property to which the assignor's judgment lien attached. Debtor claimed exemptions in this personal property. No objections to the debtor's claim to these exemptions was interposed in a timely manner. The debtor is therefore entitled to these exemptions. There is no excess value in the personal property to which a judgment lien may attach without impairing the debtor's exemptions. Grant motion. Avoid liens based solely on section 522(f). Parties will need to litigate whether the underlying claim is itself dischargeable in the context of the adversary proceeding that has been filed with regard to this claim.
11:00 AM
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 16
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Waive appearances. Movant should lodge order granting motion.
Debtor(s):
Michael J Chase Represented By Stella A Havkin
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
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,
8-15-19, 3-11-20
Docket 1
4/3/20 - Notice to pay court costs in the amount of $350.00 sent to M. Jonathan Hayes, Attorney for Debtors
6/2/20 - Court Cost has NOT been paid to the Court in the amount of
$350.00.
Tentative Ruling for January 15, 2020:
According to reorganized debtor's post-confirmation status report, the reorganized debtor is currently delinquent on a variety of payments due under its confirmed plan. The status report represents that these arrearages will have been cured by the date of the status conference. Has this occurred? Is the reorganized debtor now current on its plan payments? Hearing required.
Final Ruling for January 15, 2020:
Debtor has not cured arrearages as of January 14, 2020, but thinks it will be able to do so by the end of January and that it will be able to make February payments. Continue status conference to March 11, 2020 at 11:00 a.m.
Reorganized debtor should file updated status report not later than February 28, 2020.
Tentative Ruling for March 11, 2020:
11:00 AM
Reorganized debtor filed status report belatedly on March 5, 2020. Debtor failed to make the February payments and is having checks returned from two secured creditors. Status report represents that reorganized debtor will cure arrearages before the hearing. Has this occurred? What is the debtor doing about the creditors' whose checks are being returned?
Hearing required.
6/3/20 -- At hearing held this date, Court continued status conference to September 16, 2020 at 11:00 a.m. Reorganized debtor should file and serve updated status report not later than September 4, 2020. OFF CALENDAR FOR JUNE 17, 2020.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
11:00 AM
Docket 149
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Waive appearances. Movant should lodge order granting motion and directing the Clerk to enter a final decree.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
11:00 AM
Exclusivity Period For The Debtor To File A Plan Pursuant To 11 U.S.C. § 1121(e)(1)
Time Fixed In 11 U.S.C. § 1129(e) Within Which The Plan Must Be Confirmed
Docket 147
6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Extend exclusivity period for filing a plan through August 31, 2020 and extend deadline for confirming plan through August 31, 2020.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
fr. 4-29-20, 6-3-20
Docket 120
6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor's most recent monthly report shows significant losses for the month of March. The court has no interest in proceeding toward confirmation with a plan that is no longer feasible. Conveniently, the plan in its current form contemplates payments to unsecured creditors that are a percentage of net profit; however, the plan in its current form contemplates that unsecured creditors will receive payment in full, with interest at the rate of 2 percent, in approximately 48 months. Does the debtor need to revise its projections in light of recent events? Is the debtor even in a position to make realistic projections at this juncture?
Hearing required.
Final Ruling for April 29, 2020:
11:00 AM
Continue hearing to June 3, 2020 at 2:00 p.m. Debtor should file and serve amended plan and disclosure statement by May 22, 2020. Oppositions to disclosure statement should be filed and served by May 27, 2020.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
See tentative ruling for matter no. 104.30.
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. 6-3-20
Docket 142
6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Deny approval of disclosure statement. Plan in its current form is unconfirmable on its face. Court cannot confirm a plan that gives debtor an unlimited period of time within which to use whatever net profit it has to pay unsecured claims in full. There must be a drop dead date at some point and some discussion of what happens if payments are not made by then or court should continue this hearing until the debtors are willing to commit to some concrete repayment term.
OFF CALENDAR. SECOND AMENDED DISCLOSURE STATEMENT HAS NOW BEEN FILED.
Debtor(s):
Settlers Jerky Inc. Represented By
11:00 AM
David L. Neale Krikor J Meshefejian
11:00 AM
Docket 152
6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
The way the plan is currently drafted, is the court correct in understanding that there cannot be a default based on a failure to make any payments whatsoever to unsecured creditors until 60 months after the effective date unless a creditor was willing to commence some kind of proceeding to demonstrate that the debtor actually had net profit that it failed to distribute? Is there a way to set some kind of payment minimums so that some amount of progress toward paying these claims will be assured and the court will have some practical mechanism for ascertaining whether or not there has been a default before 60 months?
Hearing required.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
Docket 1
6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
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.
Final Ruling for December 11, 2019:
Continue case status conference to March 18, 2020 at 2:00 p.m. Disclosure statement may be heard at same date and time if filed not less than 42 days prior to this date. Debtor should file and serve updated status report by March 6, 2020. (Court later moved hearing to March 26, 2020 at 10:00 a.m.)
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
11:00 AM
Continue case status conference to be heard concurrently with hearing on disclosure statement scheduled for April 29, 2020 at 2:00 p.m. Debtors need not file updated status report. APPEARANCES WAIVED ON MARCH 26, 2020.
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of case after conclusion of hearing on disclosure statement.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
11:00 AM
Docket 1
6/16/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - David Golubchik, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Gennady Moshkovich, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Continue case status conference to April 2, 2020 at 10:00 to be heard concurrently with final hearing on interim financing. OFF CALENDAR FOR APRIL 1, 2020. NO APPEARANCE REQUIRED.
4/3/20 -- Court approved scheduling order setting following dates: L/D for debtor to serve notice of bar date -- April 10, 2020
Bar date -- June 8, 2020
Cont'd status conference -- June 17, 2020 at 11:00 a.m. L/D to file updated status report -- June 12, 2020.
Tentative Ruling for June 17, 2020:
11:00 AM
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor's game plan is to sell real property and then do structured dismissal. Debtor does not believe it necessary to set a deadlne for filing a plan. Therefore, set a deadline for debtor to file sale motion instead.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
11:00 AM
MOVANT: MEGUERDITCH PANOSSIAN fr. 5-5-20
Docket 177
6/12/20 - Krikor Meshefijian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - Ron Bender, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - David Gottlieb, (818)539-7720, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Najah Shariff, (213)894-2534, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Thomas Shuck, (213)683-6623, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - David Tilem, (818)507-6000, has been approved for telephonic appearance on 6/17/20 @ 11am
11:00 AM
4/15/20 -- At a hearing held this date, Court continued the hearing on this motion at the request of movant to June 17, 2020 at 11:00 a.m. OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Deny motion for relief. Movants have not established cause to grant relief from stay. It would not be a worthwhile expenditure of the estate's (or anyone else's) resources to litigate who is entitled to control the debtor at this juncture. We know who is entitled to control the debtor -- the chapter 11 trustee. There is no need to determine who is entitled to the equity unless there is some value available for equity, which, at this point, it does not appear that there is. There is no need to determine who controls the debtor to see who can file a chapter 11 plan. A trustee has been appointed.
Exclusivity has therefore terminated. Movants may file a chapter 11 plan if they so desire.
This is not an approriate case for abstention, either mandatory or permissive. This court has exclusive jurisdiction over the allowance of claims against this debtor and over whether this debtor is liable for the debts of some other entity. If there is a contention that assets were fraudulently transferred to this debtor, that action should be brought as a claim against this debtor and adjudicated in this court.
Deny motion without prejudice to ability of movants to renew the motion if and when it appears that there is value available for equity.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
Movant(s):
Idak Avakian Represented By
Richard T Baum
Meguerditch Panossian Represented By Richard T Baum
11:00 AM
Docket 157
6/12/20 - Krikor Meshefijian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - Ron Bender, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - David Gottlieb, (818)539-7720, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Najah Shariff, (213)894-2534, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Thomas Shuck, (213)683-6623, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - David Tilem, (818)507-6000, has been approved for telephonic appearance on 6/17/20 @ 11am
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
11:00 AM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
The claims objection process is not the appropriate procedure for the court to resolve a dispute about who owns or should be entitled to control the debtor. One side or the other should file an action for declaratory relief or a motion for relief from stay to permit the dispute to be resolved in state court, if it really even matters. (In other words, is there any value available for equity in this case. And, if the court appoints a trustee, there will not be any issue concerning control and trustee can look into issues raised by claimants.)
Continue hearing to give trustee an opportunity to evaluate how to proceed once he/she has analyzed underlying issues.
Final Ruling for April 15, 2020:
Continue hearing to June 17, 2020 at 11:00 a.m. Chapter 11 trustee should file a statement of position not later than June 3, 2020.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Panossian does not even purport to assert a claim against this debtor. He asserts an equity interest. Further, it is far from clear how any alleged fraudulent transfer by Safarian or Spiro of assets of Gentlecare would entitle Panossian to assert an equity interest in the debtor. At best, it would seem that Gentlecare (or perhaps creditors of
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Gentleare, if Gentlecare is not in bankruptcy) would hold a fraudulent transfer claim against the debtor. That is not what is being asserted here. Similarly, creditors of Gentlecare or its owners may have claims against Spiro or Safarian, but, again, that is not what is being asserted here.
Court did not establish a deadline for filing proofs of equity interests in the debtor. If and when it appears that there will be value available to trickle down to equity, court can establish a bar date for this purpose and any disputes concerning ownership can be resolved either in this court or perhaps through an interpleader action elsewhere.
Therefore, disallow proof of claim with prejudice. That is, sustain objection with an order clarifying that Panossian does not hold a claim against the debtor. However, order should specify that it is entered without prejudice to ability of Panossian to file a proof of interest, if and when the court sets a bar date for the filing of such documents.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
fr. 5-5-20
Docket 184
6/12/20 - Krikor Meshefijian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - Ron Bender, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - David Gottlieb, (818)539-7720, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Najah Shariff, (213)894-2534, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Thomas Shuck, (213)683-6623, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - David Tilem, (818)507-6000, has been approved for telephonic appearance on 6/17/20 @ 11am
4/15/20 -- At a hearing held this date, Court continued hearing on claim objection to June 17, 2020 at 11:00 a.m. APPEARANCES WAIVED ON MAY
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6, 2020.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Rulings on Summit's Evidentiary Objections:
Safarian Declaration:
Overrule. (The fact that someone disagrees with a witness's testimony or believes it to be inaccurate does not make that testimony inadmissible.)
Overrule.
Overrule. (Court understands this testimony as being to the best of declarant's knowledge.)
Overrule.
Overrule.
Overrule.
Overrule.
Overrule as to first sentence. Sustain as to second sentence. (This is a legal conclusion.)
Overrule.
Sustain. (This is argument/a legal conclusion, albeit an accurate one.)
Spiro Declaration:
Overrule.
Overrule. (Court understands this testimony as being to the best of declarant's knowledge.)
Overrule as to first sentence. Sustain as to second sentence. (This is a legal conclusion.)
Overrule.
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Overrule.
Overrule.
Overrule.
Overrule as to first sentence. Sustain as to second sentence. (This is a legal conclusion.)
Tentative Ruling on the Merits:
Grant Trustee's request for judicial notice.
Claimant is correct that objecting party must overcome a presumption of validity once claimant has made a prima facie showing of the validity of its claim, but Summit has not made such a showing. Summit filed a 5 page claim in which it attached a judgment against a different entity and asserts without any support of any kind that Gentlecare Transport, Inc. was "Debtor's predecessor/assets." The judgment does not name the debtor and Summit has not provided so much as a single piece of paper of any kind to establish that its claim against Gentlecare is a claim against this debtor.
In its opposition to the claim objection, Summit incorporates by reference documents found elsewhere in the Court's records. Court will not search its records and files for the declarations and documents that may relevant to this contested matter. If there is support for Summit's claim against this debtor, Summit should file that evidence with the Court in connection with this contested matter.
Deem this objection to be an adversary proceeding for procedural purposes. Require Summit to file a further opposition to the claim objection in which it actually attaches the relevant documents. Set a further status conference in approximately 60 to 90 days.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
Docket 158
6/12/20 - Krikor Meshefijian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - Ron Bender, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - David Gottlieb, (818)539-7720, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Najah Shariff, (213)894-2534, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Thomas Shuck, (213)683-6623, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - David Tilem, (818)507-6000, has been approved for telephonic appearance on 6/17/20 @ 11am
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
11:00 AM
APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
The claims objection process is not the appropriate procedure for the court to resolve a dispute about who owns or should be entitled to control the debtor. One side or the other should file an action for declaratory relief or a motion for relief from stay to permit the dispute to be resolved in state court, if it really even matters. (In other words, is there any value available for equity in this case. And, if the court appoints a trustee, there will not be any issue concerning control and trustee can look into issues raised by claimants.)
Continue hearing to give trustee an opportunity to evaluate how to proceed once he/she has analyzed underlying issues.
Final Ruling for April 15, 2020:
Continue hearing to June 17, 2020 at 11:00 a.m. Chapter 11 trustee should file a statement of position not later than June 3, 2020.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Avakian does not even purport to assert a claim against this debtor. He asserts an equity interest. Further, it is far from clear how any alleged fraudulent transfer by Safarian or Spiro of assets of Gentlecare would entitle Panossian to assert an equity interest in the debtor. At best, it would seem that Gentlecare (or perhaps creditors of
11:00 AM
Gentleare, if Gentlecare is not in bankruptcy) would hold a fraudulent transfer claim against the debtor. That is not what is being asserted here. Similarly, creditors of Gentlecare or its owners may have claims against Spiro or Safarian, but, again, that is not what is being asserted here.
Court did not establish a deadline for filing proofs of equity interests in the debtor. If and when it appears that there will be value available to trickle down to equity, court can establish a bar date for this purpose and any disputes concerning ownership can be resolved either in this court or perhaps through an interpleader action elsewhere.
Therefore, disallow proof of claim with prejudice. That is, sustain objection with an order clarifying that Avakian does not hold a claim against the debtor. However, order should specify that it is entered without prejudice to ability of Avakian to file a proof of interest, if and when the court sets a bar date for the filing of such documents.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
Docket 1
6/12/20 - Krikor Meshefijian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - Ron Bender, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am
6/12/20 - David Gottlieb, (818)539-7720, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Kenneth Lau, (818)794-7430, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Najah Shariff, (213)894-2534, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Henry Paloci, (805)279-1225, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - Thomas Shuck, (213)683-6623, has been approved for telephonic appearance on 6/17/20 @ 11am
6/16/20 - David Tilem, (818)507-6000, has been approved for telephonic appearance on 6/17/20 @ 11am
9/16/19 -- Court approved stipulation between US Trustee and debtor concerning the appointment of a patient care ombudsman.
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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.
Final Ruling for October 2, 2019:
Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file and serve updated status report not later than January 3, 2020.
Tentative Ruling for January 15, 2020:
Status report was filed belatedly on January 12, 2020. Has debtor filed the valuation motions referenced in the status report? When/how does the debtor anticipate resolving the issues concerning Gentle Care Transport, Inc.
Hearing required.
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Where is the status report that the Court directed the debtor to file by April 3, 2020?
Revisit status of case after conclusion of hearing on U.S. Trustee's motion to dismiss or convert.
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Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set continued status conference for approximately 90 days. Order trustee to file updated status report prior to continued status conference.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
11:00 AM
fr. 5-6-20
Docket 65
- NONE LISTED -
4/21/20 -- Court approved stipulation continuing hearing to June 17, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 6, 2020.
6/9/20 -- Court approved stipulation resolving claim objections. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Reliance Majestic Holdings LLC Represented By
Barry K Rothman - INACTIVE -
Movant(s):
John J Menchaca (TR) Represented By Wesley H Avery
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:00 PM
Docket 1
6/16/20 - Kenneth Lau, (818)794-7430has been approved for telephonic appearance on 6/17/20 @ 2pm.
1/9/20 -- At hearing held this date, court continued case status conference to March 11, 2020 at 11:00. OFF CALENDAR FOR JANUARY 15, 2020.
Debtor should file updated status report not later than March 2, 2020. Tentative Ruling for March 11, 2020:
Set bar date and deadline for debtor to serve notice of bar date. Continue status conference approximately 90 days and set deadline for filing of updated status report.
Final Ruling for March 11, 2020:
Court set following dates. Last day to serve notice of bar date -- March 20, 2020. Bar date -- Apri 30, 2020. Continued status conference -- June 17, 2020 at 2:00 p.m. Date disclosure statement can be heard if timely filed (June 17, 2020 at 2:00 p.m.) Last day to file status report -- June 5, 2020 (but status report waived if court will be conducting hearing on disclosure statement at same time as status conference). Debtor to lodge scheduling order.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT
2:00 PM
866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor served notice of bar date on March 19, 2020, but never lodged scheduling order, so there is no bar date. Impose sanctions of $150 on counsel for debtor for failing to lodge scheduling order in a timely manner as directed by the court. Also missing, presumably because counsel did not lodge a scheduling order, is the status report that should have been filed by June 5, 2020 in light of the fact that debtor did not file a plan and disclosure statement.
What is the status of this case? What is going on? Hearing required.
Debtor(s):
Pablo Meza Pro Se
11:00 AM
Misc#: 2:19-00109
Docket 1
- NONE LISTED -
Panel has agreed to accept proposed resolution submitted by respondent and United States Trustee. Panel will issue memorandum and order to this effect. OFF CALENDAR. NO APPEARANCE REQUIRED.
10:00 AM
Docket 16
6/23//20 - Gregory K. Jones for Trustee (310) 429-9581 has been approved for telephonic appearance on 6/24/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Provided service is adequate, 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 or a clear statement that the debtor does not intend to make a deposit and nevertheless believes that the utility has adequate assurance. Notice should be accompanied by payment of the actual deposits themselves. Debtor cannot simply deposit this amount into an account that it retains. 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.
10:00 AM
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
Docket 18
6/23//20 - Gregory K. Jones for Trustee (310) 429-9581 has been approved for telephonic appearance on 6/24/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Provided service is adequate, grant motion to the extent necessary to permit debtor to keep open accounts into which credit card receipts are deposited for a limited period of time.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
Docket 19
6/23//20 - Gregory K. Jones for Trustee (310) 429-9581 has been approved for telephonic appearance on 6/24/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Provided service is adequate, grant motion. Authorize debtor to pay prepetition wages and honor prepetition benefits up to an aggregate of priority amount per employee, excluding insiders. With regard to insiders, order can provide that, if and when and to the extent that insider compensation has been approved, the debtor is authorized to pay prepetition wages to insiders in accordance with any formula approved through the insider compensation process.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
Docket 23
6/23//20 - Gregory K. Jones for Trustee (310) 429-9581 has been approved for telephonic appearance on 6/24/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Provided services is adequate (and court notes that Judge Bluebond has been assigned to this case, not Judge Bauer), grant motion. Extend deadline to file missing documents to July 14, 2020.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
MOVANT: ACAR LEASING LDT DBA GM FINANCIAL LEASING
Docket 12
6/26/20 - Jennifer H. Wang, (714) 431-1058, has been approved for telephonic appearance on 6/30/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).
Debtor(s):
Rafael Pedroza Zermeno Represented By
D Justin Harelik
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Sheryl K Ith
10:00 AM
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 8
6/24/20 - Vincent V. Frounjian, Esq (818) 859-7511 has been approved for telephonic appearance on 6/25/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Marcos S. Rivas Represented By Frank X Ruggier
Movant(s):
Honda Lease Trust Represented By Vincent V Frounjian
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: NDF1, LLC.
Docket 7
6/29/20 - John C. Steele (949) 222-1161 ext 1101 has been approved for telephonic appearance on 6/30/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Seda Aroustamian Represented By
Rachel S Milman Esq
Movant(s):
NDF1, LLC Represented By
Katherine S Walker
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 9
6/26/20 - Jennifer H. Wang, (714) 431-1058, has been approved for telephonic appearance on 6/30/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Hector Carvallo Jr. Represented By Alisa Admiral
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang Sheryl K Ith
10:00 AM
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: TIME TRIAL INVESTMENT, SERIES 4 LLC
Docket 18
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
April Fiege Represented By
Eric Rasmussen
Movant(s):
Gary Trenda Represented By
Mark T Young
Trustee(s):
John P Pringle (TR) Pro Se
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.
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 L/D to complete mediation -- December 18, 2019
11:00 AM
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.
12/20/19 -- Court approved scheduling order setting following dates:
1/6/2020 -- L/D for debtor to file objections to claims of State Compensation Insurance Fund and 1 West Capital;
3/20/2020 -- L/D for debtor to file updated status report 3/31/2020 -- L/D for debtor to file plan and disclosure statement 4/1/2020 at 11:00 a.m. -- Cont'd case status conference
3/27/20 -- Court approved stipulation setting following dates:
L/D for debtor to file plan and disclosure statement -- June 30, 2020 Cont'd status conference -- July 1, 2020 at 11:00 a.m.
OFF CALENDAR FOR APRIL 1, 2020.
Tentative Ruling for June 30, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
11:00 AM
Deadline to file plan set by the Court is June 30, 2020. Will debtor meet that deadline? If not, why not? Hearing required.
Debtor(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, 6-4-19, 8-13-19, 10-15-19, 1-28-20, 2-25-20, 4-28-20
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.
1/13/20 -- Court approved stipulation continuing deadline for completion of mediation to February 3, 2020 and continuing status conference to February 25, 2020 at 2:00 p.m. OFF CALENDAR FOR JANUARY 29, 2020.
Tentative Ruling for February 25, 2020:
Parties state in status report that, due to divergent views on the law and the facts, settlement negotiations have stalled. Discuss with parties whether there are any legal issues that can be resolved on stipulated facts with a motion for partial summary adjudication? If not, set deadline for completion of discovery and continued status conference.
Tentative Ruling for April 28, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Parties report that matter has been settled and that a motion for approval of compromise is pending in main case. Continue status conference to June 30, 2020 at 2:00 p.m. to give the court an opportunity to process motion for approval of compromise. APPEARANCES
2:00 PM
WAIVED ON APRIL 28, 2020.
4/28/20 -- Court approved settlement. (Trustee is to receive lump sum payment and dismiss within 10 days after entry of order. )
5/5/20 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
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#: 2:19-01036 Garcia v. Carroll
fr. 4-9-19, 8-13-19, 11-12-19, 2-11-20, 4-28-20
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.
11/18/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- February 11, 2019 at 2 Extended discovery cutoff -- December 31, 2019
L/D to lodge order appointing mediators -- November 29, 2019 L/D to complete mediation -- February 11, 2019
12/19/19 -- Court approved order appointing mediators. 1/29/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- April 28, 2020 Cont'd status conference -- April 28, 2020 at 2:00 p.m. L/D to file joint status report -- April 14, 2020
OFF CALENDAR FOR FEBRUARY 11, 2020.
3/25/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- June 30, 2020 Cont'd status conference -- June 30, 2020 at 2:00 p.m. L/D to file joint status report -- June 16, 2020
OFF CALENDAR FOR APRIL 28, 2020.
2:00 PM
6/12/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- July 31, 2020 Cont'd status conference -- September 1, 2020 at 2:00 p.m.
OFF CALENDAR FOR JUNE 30, 2020.
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#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
fr. 8-27-19, 11-19-19, 12-17-19, 2-11-20
Docket 1
6/29/20 - Mike Wilk (213) 680-5065 has been approved for telephonic appearance on 6/30/20 @ 2pm
6/29/20 - Stella Havkin (818) 999-1568 ext 1 has been approved for telephonic appearance on 6/30/20 @ 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:
2:00 PM
Did the parties participate in a mediation before Meredith Jury? If so, was a settlement reached? Hearing required.
12/16/19 -- Court approved stipulation continuing hearing to February 11, 2020 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 17, 2019.
Tentative Ruling for February 11, 2020:
Set discovery cutoff for late July, 2020. Set final status conference for shortly before discovery cutoff.
4/22/20 -- Court approved scheduling order with the following dates: Cont'd status conference -- June 30, 2020 at 2:00 p.m.
L/D to file joint status report -- June 16, 2020 Discovery cutoff -- July 31, 2020
Tentative Ruling for June 30, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference to August 4, 2020 at 2:00 p.m. to be heard concurrently with motion for summary judgment. OFF CALENDAR FOR JUNE 30, 2020.
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 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, 12-17-19, 2-11-20
Docket 1
6/29/20 - Steve Berman (727) 227-2332 has been approved for telephonic appearance on 6/30/20 @ 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,
2:00 PM
2020 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 17, 2019.
Tentative Ruling for February 11, 2020:
Set discovery cutoff for early June, 2020. Set final status conference for shortly before discovery cutoff.
4/22/20 -- Court approved scheduling order with the following dates: Cont'd status conference -- June 30, 2020 at 2:00 p.m.
L/D to file joint status report -- June 16, 2020 Discovery cutoff -- July 31, 2020
Tentative Ruling for June 30, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set discovery cutoff for late November, 2020. Set deadline for filing pretrial motions. Set final status conference for approximately 90 to 120 days.
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
2:00 PM
Christian de Gallegos Represented By Paul A Beck
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#: 2:19-01242 Cabrera v. Bronson
Bronson
fr. 10-1-19, 11-12-19, 3-17-20
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.
Final Ruling for November 12, 2019:
Continue status conference to March 17, 2020 at 2:00 p.m. Parties should file joint status report by March 3, 2020. Court set deadline of November 27, 2020 for defendant to file and serve answer to first and third claims for relief.
2:00 PM
(Second and fourth claims for relief were dismissed with prejudice.)
Tentative Ruling for March 17, 2020:
At request of parties, continue status conference to June 30, 2020 at 2:00
p.m. Parties should file updated status report not later than June 16, 2020. APPEARANCES WAIVED ON MARCH 17, 2020.
Tentative Ruling for June 30, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
At request of parties, continue status conference to October 27, 2020 at 2:00
p.m. Parties should file updated status report not later than October 13, 2020. APPEARANCES WAIVED ON JUNE 30, 2020.
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) Represented By Timothy J Yoo
2:00 PM
Adv#: 2:19-01330 Menchaca v. Ozuna et al
Theresa Harden, Richard Harden fr. 11-5-19, 3-17-20
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.
11/6/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- March 17, 2020 at 2:00 p.m.
L/D to file joint status report -- March 3, 2020 L/D to complete discovery -- February 28, 2020
L/D to lodge order appointing mediators -- December 13, 2019 L/D to complete mediation -- March 17, 2020
2/4/20 -- Court approved stipulation setting following dates: Cont'd status conference -- June 30, 2020 at 2:00 p.m.
L/D to file joint status report -- June 16, 2020 L/D to complete discovery -- May 29, 2020
L/D to lodge order appointing mediators -- February 28, 2020 L/D to complete mediation -- May 4, 2020
OFF CALENDAR FOR MARCH 17, 2020.
2:00 PM
3/17/20 -- Court approved order appointing mediators.
Tentative Ruling for June 30, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Parties report that matter settled through mediation. At request of parties, continue status conference to August 25, 2020 at 2:00 p.m. Parties should file updated status report not later than August 11, 2020 if matter has not been dismissed or judgment entered by then. APPEARANCES WAIVED ON JUNE 30, 2020.
Debtor(s):
Candina Marie Ozuna Represented By
Raj T Wadhwani
Defendant(s):
Candina Marie Ozuna Represented By Craig G Margulies
David Ozuna Represented By
Craig G Margulies
Theresa Harden Represented By Craig G Margulies
Richard Harden Represented By Craig G Margulies
2:00 PM
Plaintiff(s):
John J. Menchaca Represented By David M Goodrich
Trustee(s):
John J Menchaca (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:20-01103 Nolan v. Spencer
Docket 1
6/29/20 - Gwendolyn Nolan (818) 660-1919 has been approved for telephonic appearance on 6/30/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set discovery cutoff of September 30, 2020 and final status conference for approximately same time frame.
Debtor(s):
William K Spencer Represented By Daniel King
Defendant(s):
William K Spencer Pro Se
Plaintiff(s):
Gwendolyn Nolan Represented By
Lane M Nussbaum
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:20-01095 Suerte Holdings, LLC v. JEON
Docket 8
6/26/20 - Jennifer Housholder, (626) 744-,838 has been approved for telephonic appearance on 6/30/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant without leave to amend for reasons set forth below.
With regard to claims under section 523, claims arose from failure to make lease payments and the complaint does not set forth any facts or circumstances sufficient to even suggest that there is a contention that plaintiff (or its predecessor) was defrauded into entering into the lease. However, movant is incorrect when she assets that fraud must necessarily have occurred before the parties entered into the original transaction. The Supreme Court in In re Husky, 136 S.Ct. 1581 (2016), expressly held that, on appropriate facts, a fraudulent transfer could give rise to nondischargeable liability for "actual fraud" within the meaning of section 523(a)(2)(A). But these are not appropriate facts.
In Husky, the debtor was the receipient of the fraudulent transfer and had fraudulently transferred assets away from the company that owed money to the plaintiff. There was a Texas state law that made shareholders liable for debts of the company when they cause the corporation to be used to perpetrate an actual fraud on the creditor. In
2:00 PM
that case, the debtor's liability to the creditor arose because the debtor received an actual fraud fraudulent transfer and because of the foregoing Texas statute. That is not the case here.
Plaintiff is alleging that the debtor fraudulently transferred away her assets. Her debt to the plaintiff did not arise because of any alleged fraudulent transfer. The transferee may have liability based on receipt of transfers, but the transferor does not. (Complaint does not allege, as it did in Husky, that transfers were to other entities owned by the transferor.) The Supreme Court's reasoning in Husky makes clear that, in order for a debt to be nondischargeable under section 523(a)(2), the liability in question must still have been "obtained by" or "traceable to" the debtor's receipt of fraudulently transferred assets.
Any inaccuracies in the schedules, failing to list assets, creditors or transfers do not give rise to nondischargeable liability under section 523. Such inaccuracies, if they are material and were made knowingly and fraudulently can be a basis upon which a creditor may object to a debtor's discharge under section 727, but they do not create nondischargeable liabiilty under section 523.
Movant contends that plaintiff will not be able to make the appropriate showing under section 727(a)(4) on the facts of this case, but the Court is not prepared to reach the merits of that argument in this procedural context. However, even if the plaintiff did not know of the facts that gave rise to a claim under section 727(a)(4) until after the discharge was granted, pursuant to section 727(e)(1), an action to revoke a discharge must be brought within 1 year after the entry of the discharge.
In this case, the debtor obtained her discharge on March 4, 2019. Plaintiff moved to reopen this bankruptcy case on March 6, 2020 and filed this adversary proceeding on April 10, 2020 -- both of which actions occurred more than 1 year after the debtor received her discharge. Therefore, any action to revoke the debtor's discharge is untimely and must be dismissed without leave to amend.
NOTE: In order to state a claim under section 523 after the applicable deadline, plaintiff would needs to establish that plaintiff did not have notice of the bankruptcy filing in time to file a timely complaint. Plaintiff was not listed on the schedules or creditor list, but its counsel (Brian Huban) was because he also represented Westfield
2:00 PM
Santa Ana. Parties have not briefed and the court is not deciding whether or not this service was sufficient to give plaintiff notice of the bankruptcy case in time to have brought a timely 523 complaint. (The fact that this is a no asset case and debtor would not have to reopen the case to schedule an omitted creditor is not relevant here. On an appropriate showing, omitted creditors may bring belated nondischargeability actions. Moreover, it is conceivable that failure to schedule a debt could on appropriate facts amount to a material omission made knowingly and fraudulently.)
Debtor(s):
ERIN JEON Represented By
Jaenam J Coe Gilad Berkowitz
Defendant(s):
ERIN JEON Represented By
Jaenam J Coe
Joint Debtor(s):
Jong Kim Represented By
Jaenam J Coe Gilad Berkowitz
Movant(s):
ERIN JEON Represented By
Jaenam J Coe
Plaintiff(s):
Suerte Holdings, LLC Represented By Joseph Chora Jaenam J Coe Cameron H Totten
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 2:20-01095 Suerte Holdings, LLC v. JEON
fr. 6-16-20
Docket 1
6/26/20 - Jennifer Housholder, (626) 744-,838 has been approved for telephonic appearance on 6/30/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of hearing on related matter on calendar.
Debtor(s):
ERIN JEON Represented By
Jaenam J Coe Gilad Berkowitz
Defendant(s):
ERIN JEON Represented By
Jaenam J Coe
2:00 PM
Joint Debtor(s):
Jong Kim Represented By
Jaenam J Coe Gilad Berkowitz
Plaintiff(s):
Suerte Holdings, LLC Represented By Joseph Chora Jaenam J Coe Cameron H Totten
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:20-01066 Nitopi v. Bruny
Docket 10
6/29/20 - Kathleen P. March (310) 559-9224 has been approved for telephonic appearance on 6/30/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion for summary judgment. Movant is correct that default judgments are entitled to the same preclusive effect in bankruptcy court that they have under state law. The problem with default judgments is that the court often cannot determine whether all of the relevant issues were actually and necessarily decided, as with a complaint that contained two causes of action -- one for breach of contract and one for fraud -- and a single monetary judgment that does not specify the basis for the award. That is not the case here. There are specific factual findings on the fraud, embezzlement, intentional tort and punitive damage claims.
Debtor cannot collaterally attack the judgment now. The state court judgment is final and the deadlines to appeal or move to vacate the judgment have all passed.
Debtor is correct that only a bankruptcy court can determine whether or not an obligation is nondischargeable, but it can rely on issue preclusion to ascertain whether all of the required elements necessary to render a debt nondischargeable have been
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satisfied. For the reasons set forth in the motion and the reply, court is satisfied that these elements have been satisfied.
The issues to be litigated are identical, the relevant issues were actually litigated (and even issues decided in a default context qualify as "actually litigated" under California law and therefore in a California bankruptcy court), the issues were necessarily decided as they were required elements of the claims adjudicated by the state court, the parties were the same and the judgment is final and on the merits. Therefore, issue preclusion is available on these facts, and there are no facts or circumstances that would make it inappropriate or inequitable for the court to rely on principles of issue preclusion in this case.
Court finds that amounts due under plaintiff's state court judgment against the debtor are nondischargeable pursuant to Bankruptcy Code sections 523(a)(2)(A), (a)(4) and (a)(6).
Debtor(s):
Kyunj Soo Wondji Bruny Represented By Sanaz S Bereliani
Defendant(s):
Kyunj Soo Wondji Bruny Pro Se
Movant(s):
Cristina Nitopi Represented By Kathleen P March
Plaintiff(s):
Cristina Nitopi Represented By Kathleen P March
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:20-01066 Nitopi v. Bruny
fr. 6-2-20
Docket 1
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of hearing on related matter on calendar.
Debtor(s):
Kyunj Soo Wondji Bruny Represented By Sanaz S Bereliani
Defendant(s):
Kyunj Soo Wondji Bruny Pro Se
Plaintiff(s):
Cristina Nitopi Represented By
2:00 PM
Trustee(s):
Kathleen P March
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 32
6/30/20 - Chirnese Liverpool, (818) 714-2200 has been approved for telephonic appearance on 7/1/20 @ 10am
6/30/20 - Larry Rothman, (714) 363-0220 has been approved for telephonic appearance on 7/1/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Debtor has claimed $5,429.60 exempt and the deadline to object to exemptions has passed. Unless the sheriff is holding more than this sum, the motion should be granted as judicial lien impairs debtor's exemption. Debtor's failure to schedule a hearing in a timely manner was unfortunate, but is not fatal. It is not too late to bring a motion to avoid lien. Court regularly reopens closed cases to permit the filing of such motions.
Debtor(s):
Marlene Danielle Shelton Represented By Chirnese L Liverpool
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 184
6/30/20 - Raymond Aver, (310) 571-3511 has been approved for telephonic appearance on 71/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
10:00 AM
U.S.C. §365(d)(1))
Docket 499
6/30/20 - Sharon Z. Weiss, (310) 576-2276 has been approved for telephonic appearance on 7/1/20 @ 10am
6/30/20 - Elissa D. Miller, (213) 626-2311 has been approved for telephonic appearance on 7/1/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
11:00 AM
Docket 1
6/12/20 - Louis Esbin, (661)305-8995, has been approved for telephonic appearance on 7/1/20 @ 11am
Tentative Ruling for December 4, 2019:
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.
12/11/19 -- Court approved order setting following dates: L/D to serve notice of bar date -- 12/13/19
Bar date -- 1/31/20
Cont'd case status conference -- 03/04/20 at 11:00 a.m. L/D to file updated case status report -- 02/21/20.
Tentative Ruling for March 4, 2020:
Status report was filed late (on February 27, 2020). Discuss with debtor pending litigation in state court concerning the parties' respective priorities. Set deadline for debtor to commence litigation in this court to resolve these issues. Explore whether ordering the parties to mediation would be useful.
Hearing required.
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Tentative Ruling for July 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
What is currently happening at the property? Who is collecting rents? Are tenants paying rent? Did debtor seek and obtain any stays pending appeal? Hearing required.
NOTE: There are a number of inaccurate or misleading statements in the case status report. For example, there is no mention made of the prior in rem order for relief.
Instead, the report makes it appear that the first time Tymeout obtained relief from stay was in the April 28, 2020 order, which was not the case. And the statement that the debtor, "of course" obtained a stay of the foreclosure proceedings by filing this case is inconsistent with the court's prior rulings in this matter.
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
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fr. 9-12-19, 9-26-19;12-3-19;12-4-19, 12-18-19, 4-1-20
Docket 135
4/6/20 - Notice to pay court costs in the amount of $700.00 sent to Crystle Lindsey, Attorney for Debtors.
6/29/20 - Kenneth G. Lau (818) 794-7430 has been approved for telephonic appearance on 6/30/20 @ 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.
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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.
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.
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Tentative Ruling for December 18, 2019:
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for July 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit this matter after conclusion of related matters on calendar.
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 in Accordance with its Proposed Budget
Granting Replacement Liens
Docket 239
6/29/20 - Kenneth G. Lau (818) 794-7430 has been approved for telephonic appearance on 6/30/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court shares Wells Fargo's confusion with regard to this motion. Is this a motion for authority to use the PPP loan proceeds for purposes other than the ones for which the loan was obtained? The debtor repeatedly says that it intends to use the PPP loan proceeds for payroll and employee benefits, but there are other items on the budget too. The debtor also has insurance proceeds. Are these funds anyone's cash collateral? To the extent the debtor intends to use cash collateral, how does the debtor plan to provide adequate protection? Replacement liens on nonexistent cash flow do not constitute adequate protection.
Hearing required.
Debtor(s):
J. Robert Scott, Inc. Represented By
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Movant(s):
Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
11:00 AM
fr. 6-10-20
Docket 228
6/29/20 - Kenneth G. Lau (818) 794-7430 has been approved for telephonic appearance on 6/30/20 @ 11am
Tentative Ruling from June 10, 2020:
Court is not troubled by the timing of this motion. Debtor has not yet spent the money and can return it if not authorized to obtain the loan. Court would not have wanted debtor to bring this motion before it knew whether it would be able to obtain the funds in question in any event.
With regard to the objections, this is a motion to AUTHORIZE the debtor to obtain the financing under section 364, not to compel anyone to extend a loan to the debtor. An order of this court granting the motion is not a determination by this court that the SBA or Wells Fargo can be compelled to make a PPP loan to this debtor. Court need only determine whether permitting the debtor to obtain the loan would be in the best interest of the estate. The answer to this question is easy. If the debtor complies with the relevant loan terms, the debtor will not be required to pay the funds back. How could it not be in the debtor's interest to obtain a post-petition infusion of cash that need not be repaid? The only instance in which it might not be in the debtor's best interest to receive this loan is if it would give rise to an administrative claim for fraud for the debtor to take the money.
However, at the time the debtor completed its loan application (April 21, 2020), there
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was no rule barring businesses in bankruptcy from obtaining PPP loans. That rule was not enacted until April 24, 2020 and was not published until April 28, 2020. Therefore, the debtor did not make a false representation at the time it completed the loan application. Nevertheless, it would be ill-advised for the debtor to expend these funds unless and until it is clear that Wells Fargo was aware that its borrower was a debtor in possession at the time it approved and funded the loan. (It is hard to see how this fact could have been lost on Wells Fargo in light of the fact that the loan proceeds were funded into a DEBTOR IN POSSESSION account at its own institution, but who knows?) Therefore, the hearing should be continued to give the debtor an opportunity to serve the motion on the SBA and Wells Fargo. If, under the circumstances, Wells Fargo is still willing to proceed with the loan and does not demand a refund, it is not up to this court to stop Wells Fargo from making this loan.
To restate the obvious, the debtor has not sought a determination from this court as to whether it is or is not a violation of any section of the bankruptcy code to refuse to extend a PPP loan to a debtor in possession and has not brought an adversary proceeding seeking an injunction prohibiting the SBA from refusing to authorize this loan.
In the alternative, if the debtor would prefer, grant motion to dismiss the bankruptcy case.
6/9/2020 -- Court approved stipulation continuing hearing to July 1, 2020 at 11:00
a.m. OFF CALENDAR FOR JUNE 10, 2020. NO APPEARANCE REQUIRED.
Tentative Ruling for July 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
In preparation for the original hearing, Court issued the following tentative ruling:
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Court is not troubled by the timing of this motion. Debtor has not yet spent the money and can return it if not authorized to obtain the loan. Court would not have wanted debtor to bring this motion before it knew whether it would be able to obtain the funds in question in any event.
With regard to the objections, this is a motion to AUTHORIZE the debtor to obtain the financing under section 364, not to compel anyone to extend a loan to the debtor. An order of this court granting the motion is not a determination by this court that the SBA or Wells Fargo can be compelled to make a PPP loan to this debtor. Court need only determine whether permitting the debtor to obtain the loan would be in the best interest of the estate. The answer to this question is easy. If the debtor complies with the relevant loan terms, the debtor will not be required to pay the funds back. How could it not be in the debtor's interest to obtain a post-petition infusion of cash that need not be repaid? The only instance in which it might not be in the debtor's best interest to receive this loan is if it would give rise to an administrative claim for fraud for the debtor to take the money.
However, at the time the debtor completed its loan application (April 21, 2020), there was no rule barring businesses in bankruptcy from obtaining PPP loans. That rule was not enacted until April 24, 2020 and was not published until April 28, 2020. Therefore, the debtor did not make a false representation at the time it completed the loan application. Nevertheless, it would be ill- advised for the debtor to expend these funds unless and until it is clear that Wells Fargo was aware that its borrower was a debtor in possession at the time it approved and funded the loan. (It is hard to see how this fact could have been lost on Wells Fargo in light of the fact that the loan proceeds were funded into a DEBTOR IN POSSESSION account at its own institution, but who knows?) Therefore, the hearing should be continued to give the debtor an opportunity to serve the motion on the SBA and Wells Fargo. If, under the circumstances, Wells Fargo is still willing to proceed with the loan and does not demand a refund, it is not up to this court to stop Wells Fargo from making this loan.
To restate the obvious, the debtor has not sought a determination from this
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court as to whether it is or is not a violation of any section of the bankruptcy code to refuse to extend a PPP loan to a debtor in possession and has not brought an adversary proceeding seeking an injunction prohibiting the SBA from refusing to authorize this loan.
In the alternative, if the debtor would prefer, grant motion to dismiss the bankruptcy case.
The parties stipulated to continue the original hearing date, and the debtor served notice on Wells Fargo and the SBA. Wells Fargo has objected, claiming the debtor made misrepresentations about its not being in bankruptcy. Wells Fargo has also moved for relief from stay, arguing that, if the 364 motion is granted, the debtor will immediately be in default, as the loan terms make it an event of default for the debtor to file bankruptcy. Wells Fargo wants relief from stay to setoff amounts due it against loan proceeds.
This fact pattern raises many questions:
An obvious question that may or may not be relevant to the outcome is: How did this happen? Perhaps Wells Fargo approved the loan, knowing the debtor was in bankruptcy, before the regulations prohibited extending such a loan to a debtor in bankruptcy and simply never looked back. The process may have been largely automated after that point and no human with knowledge of the bankruptcy got involved? Clearly, the court is speculating, but, as stated above, it is hard to imagine how a lender with whom the debtor has its debtor in possession bank accounts could have not known that the debtor was in bankruptcy. In fact, the debtor has offered testimony to the effect that Mr. Bonilla, an employee of the bank who handles the debtor's relationship with the bank and knows that the company is in bankruptcy, suggested the debtor apply for the loan. And Wells Fargo deposited the loan proceeds into an account that was designated as a debtor in possession bank account at its own bank. Even if the debtor made false representations about whether or not it was in bankruptcy by signing later loan documents without disclosing that it was in bankruptcy (which documents were signed electronically and may have been filled out by the bank), how would the bank ever demonstrate that it relied on these representations when it had actual knowledge that the debtor was in bankruptcy?
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Is it too late for Wells Fargo to get the money back? Wells Fargo already made the loan. The monies are already in the debtor's possession. Outside of bankruptcy, would a lender be able to require that loan proceeds be returned because it made a mistake by extending the loan in the first place, or would the bank be bound by the loan documents that it signed? And, under these documents, if the loan proceeds are used for the proper purposes within the proper time frame, the debtor has no obligation to repay the loan. Can the lender change these loan terms because it shouldn't have extended the loan? Or would the lender have to show fraud in order to be able to rescind the loan?
Another interesting question that may or may not be relevant to the outcome, if Wells Fargo made the loan by mistake, will the SBA refuse to reimburse it for the loan, leaving Wells Fargo "holding the bag"? And is this relevant for an adequate protection analysis?
Before a bankruptcy court approves a financing under section 364, is either party bound by the loan agreement? Is it possible for the lender to change its mind and refuse to proceed with the loan? The Court has not been able to find any cases on point, but there are some cases in the context of settlements that have not yet been approved by the court, and results are mixed as to whether or not the nondebtor party can rescind a settlement agreement that had been signed but not yet approved by the Court. In Musselman v. Stanonik (In re Seminole Walls & Ceilings Corp.), 388 B.R. 386 (M.D. Fla. 2008), for example, a decision by the bankruptcy court to permit the nondebtor party to the settlement agreement to unilaterally rescind the agreement because it had not yet been approved by the bankruptcy court was reversed as error. The District Court in that case held that the better-reasoned view is that one of the parties to a settlement agreement may not unilaterally repudiate it after approval of it has been sought under Rule 9019. "'Applying principles of contract law, it is clear that the parties before us reached a binding agreement. The only condition subsequent was that the Trustee seek and obtain court approval, which the Trustee has promptly sought'" (citing Pineo v. Turner (In re Turner), 274 B.R. 675, 679081 (W.D. Penn. 2002).
Has Wells Fargo established cause for relief from stay? If the fact that the debtor is in bankruptcy is an event of default, is it an enforceable event of default, or is it an ipso facto clause that the bankruptcy code renders unenforceable? If this had been a
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prepetition loan agreement, the lender would not be able to obtain relief from stay based merely on the fact that the debtor violated a term of the agreement or breached a warranty or representation by filing bankruptcy. Bankruptcy Code section 541(c)(1) provides that an interest of the debtor in property becomes property of the estate notwithstanding any provision in an agreement or applicable nonbankruptcy law that effects or gives an option to effect a forfeiture, modification or termination of the debtor's interest in property based on the commencement of a bankruptcy case. But this section refers to property that becomes property of the estate under sections 541(a)(1), (a)(2) or (a)(5), which may not be applicable here.
Section 365(e) says that, notwithstanding a provision in an executory contract or unexpired lease, or in applicable law, an executory contract or unexpired lease of the debtor may not be terminated or modified, and any right or obligation under such contract or lease may not be terminated or modified, at any time after commencement of the case solely because of a provision in such contract or lease that is conditioned on the commencement of a bankruptcy case. This code section does not contain an exception for executory contracts that may not be assumed because they are contracts to make a financial accommodation. Is the loan agreement an executory contract?
Are there obligations remaining unperformed on each side? If the loan agreement is no longer executory because Wells Fargo has done everything that it needs to do, does this make section 365(e) inapplicable? It would seem not, as this code section would still apply to a loan that was fully-funded prepetition. Maybe the "Vern Countryman" definition of an executory contract is not the most appropriate definition to use in this context.
And what about adequate protection? If the debtor is permitted to spend the loan proceeds, Wells Fargo is correct that the debtor is unlikely to be able to repay the loan, but, if the debtor spends the money for the appropriate purposes within the appropriate time frame, it wasn't supposed to have to pay the money back anyway. Is such a lender entitled to adequate protection other than the right to ensure that the money is spent for the purposes for which it was lent within the appropriate time frames?
Based on the foregoing, grant motion to approve financing and deny motion for relief from stay without prejudice to the ability of Wells Fargo to move for relief from stay on the ground that, under applicable nonbankruptcy law, it would be able to rescind the loan on these facts. Address Wells Fargo's concerns about the purposes for which
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the funding will be spent and the likelihood that debtor will irretrievably dissipate the loan proceeds in the context of motion for use of cash collateral.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Movant(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, 12-3-19, 12-4-19,
12-18-19, 4-1-20
Docket 1
4/6/20 - Notice to pay court costs in the amount of $700.00 sent to Crystle Lindsey, Attorney for Debtors.
6/29/20 - Kenneth G. Lau (818) 794-7430 has been approved for telephonic appearance on 6/30/20 @ 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.
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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.
Tentative Ruling for December 18, 2019:
Does the debtor have anything new to report since the hearings held December 4, 2019?
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for July 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit this matter after conclusion of related matters on calendar.
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Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
11:00 AM
MOVANT: WELLS FARGO BANK, NA
Docket 249
6/29/20 - Kenneth G. Lau (818) 794-7430 has been approved for telephonic appearance on 6/30/20 @ 11am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
See tentative ruling for matter no. 103. Court has combined the tentative rulings.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Movant(s):
WELLS FARGO BANK, N.A. Represented By Christopher O Rivas
2:00 PM
Docket 189
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Soames Lane Trust Represented By Stuart J Wald
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carmela Pagay
---- Levene Neale Bender
2:00 PM
Docket 59
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Aaron White Represented By
Daniel King
Trustee(s):
Carolyn A Dye (TR) Represented By Amy L Goldman Lovee D Sarenas
2:00 PM
Docket 28
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Paula Gaddis Keating Represented By Nicholas M Wajda
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
[Fees requested: $1,235,440.00 and Expenses: $72,749.65]
Docket 1076
6/26/20 - Eve H. Karasik, (310) 229-1234, has been approved for telephonic appearance on 7/1/20 @ 2pm
6/30/2020 - Gregory Salvato, (213) 484-8400, has been approved for telephonic appearance on 7/1/2020 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court agrees that fees incurred after trustee was appointed should not be allowed. Court agrees further that no payment should be ordered at this time. At best, court should allow unpaid amounts as chapter 11 expense of administration.
None of the disclosures identified by Mr. Salvato in his reply are adequate substitutes for what was actually required -- an accurate disclosure in the employment application as to what the compesnation arrangements would actually be. If a decision to accept payment from a nondebtor was made later (and the application was accurate at the time it was presented), counsel should nevertheless have filed a supplement to the application disclosing this new information and requesting confirmation that this was acceptable. Courts want to be able to examine the source of payment in connection
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with a professional's employment to ensure that the professional will remain disinterested and will not be taking instruction from, or feeling beholden to, a third party. Court will not order disgorgement of monies paid by SF Red as that would either be a windfall to SF Red (if monies are to be returned to SF Red) or to the estate (if Court required refund to estate); however, court will deny application. Any funds actually paid from estate property should be disgorged to the estate.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato Justin P Karczag
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
2:00 PM
Docket 1071
6/26/20 - Eve H. Karasik, (310) 229-1234, has been approved for telephonic appearance on 7/1/20 @ 2pm
6/30/2020 - Gregory Salvato, (213) 484-8400, has been approved for telephonic appearance on 7/1/2020 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Section 503(b) should not be used after the fact to bless a transaction that should have been, but was not, disclosed to the court before the fact. Payments to professionals employed to handle a bankruptcy case are not ordinary course expenses. They only arise in the context of a bankruptcy case. If debtor wanted to be able to repay SF Red for funds used to pay its professionals, it should have applied for authority to obtain financing from SF Red under section 364. It didn't and there is no showing of why it couldn't have done so.
Moreover, court agrees that movant has failed to provide sufficient evidence to make the showing necessary to warrant the allowance of an expense of administration. And, with regard to Andela, Valeo and Popwell, the relevant employment application represented that the debtor would not be responsible for paying fees incurred. It would be inappropriate to permit SF Red to now request reimbursement of these amounts from the estate.
2:00 PM
Deny motion.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato Justin P Karczag
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
2:00 PM
[Fees requested: $435000.00, Expenses: $2626.00]
Docket 1084
6/26/20 - Eve H. Karasik, (310) 229-1234, has been approved for telephonic appearance on 7/1/20 @ 2pm
6/30/2020 - Gregory Salvato, (213) 484-8400, has been approved for telephonic appearance on 7/1/2020 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
The employment application reflects that Encore was to receive a $50,000 retainer, not a $25,000 retainer. When/how did that change?
Court agrees that professional should not be compensated for services performed after conversion, not merely because professional was not employed by the trustee but also because post-conversion services actually impeded the trustee's efforts to consummate the settlement. It is well settled that a debtor's professionals do not automatically become the trustee's professionals. If the trustee wants to continue a professional's employment, he must apply to the bankruptcy court for that relief. Applicant's contention that they should recover post-confirmation compensation because "the Trustee took no action to discharge Applicants nor inform the Court in the context of
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his employment that he would not utilize the counsel the Court had just appointed" is absurd. Further, it is not accurate to say that the Court contemplated that the Applicants would continue to be employed and be working on the case after the appointment of the Trustee. It was anyone's guess how the Trustee would proceed with regard to the appeal after his appointment and, absent employment by the trustee, the debtor's professionals are not entitled to compensation from the estate after appointment of a trustee.
Compensation of professional in accordance with original formula would be a windfall on these facts in light of conversion of the case. It is appropriate in the case of a professional employed on a contingency basis whose services are terminated mid- stream to be compensated on a quantum meruit basis.
It is well settled that a contingency fee lawyer discharged prior to settlement may recover in quantum meruit for the reasonable value of services rendered up to the time of discharge. (Fracasse v. Brent (1972) 6 Cal.3d 784, 791 [100 Cal. Rptr. 385, 494 P.2d 9].) “The most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate. This calculation provides an objective basis on which to make an initial estimate of the value of a lawyer's services. The party seeking an award of fees should submit evidence supporting the hours worked and rates claimed.” (Hensley v.
Eckerhart (1983) 461 U.S. 424, 433 [76 L.Ed.2d 40, 103 S.Ct. 1933].)
However, providing evidence as to the number of hours worked and rates claimed is not the end of the analysis in such a quantum meruit action. The party seeking fees must also show the total fees incurred were reasonable. Factors relevant to that determination include “[t]he nature of the litigation, its difficulty, the amount involved, the skill required in its handling, the skill employed, the attention given, the success or failure of the attorney's efforts, the attorney's skill and learning, including his [or her] age and experience in the particular type of work demanded.” (Los Angeles v. Los Angeles Inyo- Farms Co. (1933) 134 Cal.App. 268, 276 [25 P.2d 224], cited with approval in Fracasse, at p. 791; see also PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096 [95 Cal. Rptr. 2d 198, 997 P.2d 511] [citing same factors in considering whether fees to the prevailing party under Civ. Code, § 1717 were reasonable].)
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Mardirossian & Assocs., Inc. v. Ersoff, 153 Cal. App. 4th 257, 272, 62 Cal. Rptr. 3d 665, 677 (2007).
Allow fees to professional on an hourly basis for services rendered prior to conversion, plus costs, less retainer. Authorize payment of these amounts now as allowed fees are a lien on settlement proceeds.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato Justin P Karczag
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
2:00 PM
fr. 9-12-19, 9-26-19;12-3-19;12-4-19, 12-18-19, 4-1-20, 7-1-20
Docket 135
4/6/20 - Notice to pay court costs in the amount of $700.00 sent to Crystle Lindsey, Attorney for Debtors.
7/6/20 - Kenneth G. Lau (818) 794-7430, has been approved for telephonic appearance on 7/7/20 @ 2pm
7/6/20 - Crystle Lindsey (310)207-1494, has been approved for telephonic appearance on 7/7/20 @ 2pm
7/6/20 - Marsha Houston, (213)457-8067, has been approved for telephonic appearance on 7/7/20 @ 2pm
7/7/20 - Elan Levey, (213)894-3997, has been approved for telephonic appearance on 7/7/20 @ 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
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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.
Tentative Ruling for December 3, 2019:
2:00 PM
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.
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for July 7, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit this matter after conclusion of related matters on calendar.
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
fr. 5-29-19, 8-28-19(advanced), 8-27-19, 9-12-19, 9-26-19, 12-3-19, 12-4-19,
12-18-19, 4-1-20, 7-1-20
Docket 1
4/6/20 - Notice to pay court costs in the amount of $700.00 sent to Crystle Lindsey, Attorney for Debtors.
7/6/20 - Kenneth G. Lau (818) 794-7430, has been approved for telephonic appearance on 7/7/20 @ 2pm
7/6/20 - Crystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 7/7/20 @ 2pm
7/6/20 - Marsha Houston, (213)457-8067, has been approved for telephonic appearance on 7/7/20 @ 2pm
7/7/20 - Elan Levey, (213)894-3997, has been approved for telephonic appearance on 7/7/20 @ 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
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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.
Tentative Ruling for December 18, 2019:
Does the debtor have anything new to report since the hearings held December 4, 2019?
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for July 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO
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APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for July 7, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
At hearings held July 1, 2020, Court denied debtor's financing motion and granted Wells Fargo relief from the automatic stay (without waiver of Rule 4001(a)(3)) to exercise setoff rights with regard to PPP loan proceeds. (Court granted motion for authority to use cash collateral as to funds other than PPP loan proceeds.) Court continued hearing to give debtor an opportunity to consider its options, which could include, for example, dismissal of its bankruptcy case to make it eligible for a PPP loan or bringing an action for declaratory relief that it is improper of SBA to deny PPP loans to debtors in bankruptcy.
Has debtor had an opportunity to consider how it would like to proceed?
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
2:00 PM
10:00 AM
MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY
Docket 505
7/10/20 - James F. Lewin , (858) 722-2203, has been approved for telephonic appearance on 7/14/20 @ 10am
7/10/20 - Sharon Z Weiss , (310) 576-2276, has been approved for telephonic appearance on 7/14/20 @ 10am
7/13/20 - Elissa Miller, (213)626-2311, has been approved for telephonic appearance on 7/14/20 @ 10am
7/13/20 - Giovanni Orantes, (213)389-4362 has been approved for telephonic appearance on 7/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
10:00 AM
Rulings on Movant's Evidentiary Objections:
(Original) Declaration of Jonathan Goldrich
Overrule objection to lack of qualifications. Declarant identifies himself as a Certified Residential Real Estate Appraiser licensed by the State of California. Overrule objection based on fact that declarant didn't view interior of property. Lack of interior inspection goes to weight.
Overrule. Experts may rely on hearsay information. Real estate appraisers never have personal knowledge of rents being charged and must always rely on some one providing that information. (If movant would like to prove that an assumption on which valuation is based is inaccurate, they are free to do that.)
Supplemental Goldrich Declaration
Overrule objection to lack of qualifications. Declarant identifies himself as a Certified Residential Real Estate Appraiser licensed by the State of California. Overrule objection based on fact that declarant didn't view interior of property. Lack of interior inspection goes to weight.
Overrule. Experts may rely on hearsay information.
Saber Declaration
Overrule objection as to statement that the original value in schedules does not take into account new appliances. Sustain objection to the balance of the paragraph for lack of foundation, hearsay and best evidence.
Sustain for lack of foundation.
Amaya Declaration
Overrule.
Overrule.
Tentative Ruling on the Merits:
As debtor has not obtained a stay pending appeal, debtor's appeal of the order appointing a trustee and/or the conversion of the case is irrelevant.
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(Note: Debtor filed an emergency motion for a stay pending appeal on July
10. The orders debtor has appealed were entered on May 4, 2020. Court refused to hear motion on an expedited basis as any emergency was created only by debtor's having waited this long to bring such a motion.)
There is no evidence in the motion to support the contention that movant lacks adequate protection. On what is this assertion based?
With regard to the request for relief under section 362(d)(2), now that the case is in chapter 7, one of the prongs of section 362(d)(2) has been satisfied -- the property is not necessary to an effective reorganization because there will be no reorganization. As to whether or not the debtor has equity in the property, under section 362(g)(1), the movant bears the burden of proof. The lender has relied merely on the value reflected in the debtor's
schedules as the value of the property, which is a valuation that dates back to June of 2018.
Court notes that trustee has not opposed the motion. Does the trustee have a position as to the likely value of the property?
Continue hearing to give movant an opportunity to provide current evidence as to the value of the property. Court will not order adequate protection payments in the interim as there is no evidence that the property is declining in value.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey James F Lewin
Trustee(s):
John J Menchaca (TR) Represented By
10:00 AM
Elissa Miller
10:00 AM
MOVANT: GLOBAL LENDING SERVICES, LLC.
Docket 12
7/13/20 - Kirsten Martinez, (925)660-9895, has been approved for telephonic appearance on 7/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Kimberly Maria Serrano Represented By Steven A Alpert
Movant(s):
Global Lending Services LLC Represented By Kirsten Martinez
10:00 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: MEDALLION BANK
Docket 14
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Gloria Angelica Lozano Represented By Danny K Agai
Movant(s):
Medallion Bank Represented By Kirsten Martinez
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 8
7/13/20 - Kirsten Martinez, (925)660-9895, has been approved for telephonic appearance on 7/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Rita Diaz Represented By
James G. Beirne
Movant(s):
Nissan Motor Acceptance Represented By Kirsten Martinez
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC. DBA CHRYSLER CAPITAL
Docket 9
7/10/20 - Jennifer H. Wang , (714) 431-1058, has been approved for telephonic appearance on 7/14/20 @ 10am
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Robert Reinbolz Represented By Julie J Villalobos
Movant(s):
Santander Consumer USA Inc. dba Represented By
Sheryl K Ith
10:00 AM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:20-01116 Avery v. Premiere Medical Center of Burbank, Inc. et al
Docket 1
- NONE LISTED -
6/9/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to July 17, 2020 and continuing status conference to August 25, 2020 at 2:00 p.m. OFF CALENDAR FOR JULY 14, 2020.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
DOES 1-10, Inclusive Pro Se
Premiere Medical Center of Pro Se
Michael D Marsh, M.D. Pro Se NHP/PMB Burbank Medical Plaza I Pro Se
Plaintiff(s):
Wesley H Avery Represented By Stephen L Raucher
Trustee(s):
Wesley H Avery (TR) Represented By
2:00 PM
Daniel R Lahana Stephen L Raucher
2:00 PM
Adv#: 2:19-01518 Goodrich v. Fernandez
fr. 2-25-20, 5-12-20, 6-16-20
Docket 1
4/7/20 - Another summons issued.
At parties' request (in status report), continue status conference to May 12, 2020 at 2:00 p.m. Parties should file updated status report not later than April 28, 2020. APPEARANCES WAIVED ON FEBRUARY 25, 2020.
4/17/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to May 20, 2020 and continuing status conference to June 16, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 12, 2020.
5/18/20 -- Court approved stipulation extending response date to June 17, 2020 and continuing status conference to July 14, 2020 at 2:00 p.m. OFF
CALENDAR FOR JUNE 16, 2020.
6/16/20 -- Court approved stipulation extending response date to July 24, 2020 and continuing status conference to AUGUST 25, 2020 at 2:00 p.m.
OFF CALENDAR FOR JULY 14, 2020.
Debtor(s):
Raymond A Fernandez Represented By Christie Cronenweth
2:00 PM
Defendant(s):
Imelda Merton Fernandez Represented By Shai S Oved
Plaintiff(s):
David M Goodrich Represented By
Alastair M Gesmundo
Trustee(s):
David M Goodrich (TR) Represented By Richard H Golubow
2:00 PM
Adv#: 2:18-01442 Martinez v. Peters et al
fr. 2-26-19, 5-14-19, 8-27-19, 12-3-19, 4-7-20
Docket 1
7/13/20 - Edwin Hong, (714)975-1728, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - John-Patrick Fritz, (310)229-1234, has been approved for telephonic appearance on 7/14/20 @ 2pm
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.
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Tentative Ruling for December 3, 2019:
Continue discovery cutoff to April 17, 2020 and continue status conference to late March or early April.
12/4/19 -- Court approved scheduling order with following dates: L/D to complete fact discovery -- April 17, 2020
Cont'd status conference -- April 7, 2020 at 2:00 p.m. L/D to file joint status report -- March 24, 2020
3/30/20 -- Court approved scheduling order with following dates: L/D to complete fact discovery -- July 10, 2020
Cont'd status conference -- July 14, 2020 at 2:00 p.m. L/D to file joint status report -- June 30, 2020
OFF CALENDAR FOR APRIL 7, 2020. NO APPEARANCE REQUIRED.
Tentative Ruling for July 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
At parties' request, continue status conference to October 16, 2020 at 2:00 p.m. Set discovery cutoff for October 9, 2020. Parties should file an updated joint status report not later than October 2, 2020. APPEARANCES WAIVED ON JULY 14, 2020.
PLAINTIFF SHOULD LODGE A SCHEDULING ORDER WITH THESE DATES.
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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
Trustee(s):
David M Goodrich (TR) Pro Se
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Adv#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez
Gomez
fr. 9-17-19, 11-5-19, 2-11-20, 4-7-20
Docket 1
7/13/20 - M. Ryan Pinkston, (415)544-1013, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Christine Hwang, (415)771-6400, has been approved for telephonic appearance on 7/14/20 @ 2pm
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
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judgment. Continue status conference to coincide with hearing on default judgment motion.
11/6/19 -- Court entered scheduling order setting status conference for February 11, 2020 at 2:00 p.m. and setting deadline of January 21, 2020 for defendant to file motion to set aside default.
Tentative Ruling for February 11, 2020:
Continue status conference for approximately 90 days. If defendant fails to file response to complaint within time limit set forth in response to motion on calendar as number 207, plaintiffs should take defendant's default, serve and file a motion for default judgment and set it for hearing at same date and time as continued status conference.
Tentative Ruling for April 7, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
At request of parties, continue status conference to July 14, 2020 at 2:00 p.m. Parties should file joint status report not later than June 30, 2020.
APPEARANCES WAIVED ON APRIL 7, 2020.
Tentative Ruling on July 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
This action has been pending for a year, and yet the parties have not yet met and conferred in compliance with LBR 7026-1? Court appreciates that parties may wish to avoid costs associated with discovery, but it is time for this matter to either be
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resolved or to move forward. Set continued status conference. Require parties to complete a day of mediation prior to date of continued status conference. (There are mediators willing to conduct mediations via Zoom.)
Debtor(s):
David Gomez Represented By
Raj T Wadhwani
Defendant(s):
David Gomez Pro Se
Plaintiff(s):
PEOPLE OF THE STATE OF Represented By 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 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
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Trustee(s):
Peter J Mastan (TR) Pro Se
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Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 8-27-19, 11-19-19, 12-17-19, 1-14-20, 3-31-20 5-5-20
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed
1/31/2020 - Second Amended Complaint filed. 4/27/20 - Second Amended 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.
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Tentative Ruling for December 17, 2019:
Revisit status of action after conclusion of related matters on calendar.
Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.
Tentative Ruling for March 31, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Defendant has filed a motion to dismiss, but has not served a notice of hearing on that motion despite having been instructed by the Court to do so. Court will prepare and enter an order denying that motion without prejudice and setting a new deadline of April 14, 2020 for defendant to either answer or file and notice a hearing on a motion to dismiss. Defendant must give not less than 21 days' notice of the hearing on her motion and must select an appropriate hearing date by using the self-calendaring instructions on Judge Bluebond's page on the Court's website.
Order prepared by the Court should continue the status conference to May 5, 2020 at 2:00 p.m. THE PARTIES SHOULD JOINTLY PREPARE a joint
status report that should be filed with the Court not later than April 21, 2020.
APPEARANCES WAIVED ON MARCH 31, 2020.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS
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TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of hearing on motion to dismiss. 6/9/20 -- At hearing on motion to strike cross-complaint, court continued status
conference to August 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JULY 14, 2020.
NO APPEARANCE 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
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fr. 11-6-19, 2-11-20, 3-10-20, 5-5-20
Docket 40
7/10/20 - John Monte, (323) 876-9918, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Antonia Ibarra, (562)789-9314, has been approved for telephonic appearance on 7/14/20 @ 2pm
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.
3/4/20 -- Court approved stipulation continuing status conference to May 5, 2020 at 2:00 p.m. and extending deadline for filing joint status report to April 21, 2020. OFF CALENDAR FOR MARCH 10, 2020.
4/21/20 -- Court approved stipulation continuing status conference to July 14, 2020 at 2:00 p.m. and extending deadline for filing joint status report to June 30, 2020. OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for July 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT
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866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Movant(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
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Adv#: 2:20-01117 Retail Capital Partners, LLC. v. Oh et al
Docket 4
7/13/20 - Joshua Herndon, (858)256-7435, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Rachel Sposato, (310)316-0500, has been approved for telephonic appearance on 7/14/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Why don't the parties want this matter sent to mediation? Hearing required.
Debtor(s):
Monica Shiun Oh Represented By Rachel M Sposato
James Andrew Hinds Jr
Defendant(s):
Monica Shiun Oh Represented By
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Rachel M Sposato
Jimi P. Chae Represented By
Rachel M Sposato
Joint Debtor(s):
Jimi P. Chae Represented By
Rachel M Sposato James Andrew Hinds Jr
Plaintiff(s):
Retail Capital Partners, LLC. Represented By Joshua J Herndon
Trustee(s):
John P Pringle (TR) Pro Se
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Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC
Docket 10
7/13/20 - Chrystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Simon Aron, (310)478-4100 x 6601, has been approved for telephonic appearance on 7/14/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Grant motion to dismiss in part with leave to amend. Grant with regard to claims for turnover and injunctive relief. This isn't really an appropriate fact pattern for turnover. KLM paid deposit with a credit card. When it decided not to proceed with the transaction, it challenged the charge with its credit card company. The credit card company issued it a credit and then debited the debtor's merchant account. The real issue is whether KLM breached the contract by canceling it before giving the debtor the further opportunity to perform that the debtor claims the parties agreed to.
Plaintiff should plead a claim for breach of contract. That's really the issue here.
Court does not understand the request for injunctive relief. There is already an automatic stay at this point. KLM does not have the ability to remove funds from the
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debtor's merchant account or even to cause Wells Fargo to do so at this point, does it? If KLM claims that the debtor owes it money for breaching the contract, it can assert a claim against the estate. Hasn't KLM already received a refund of its entire deposit?
Deny with regard to claim for violation of the automatic stay. Court is skeptical about the validity of the claim for violation of the automatic stay, as it seems to the court that KLM merely challenged the charge through Wells Fargo, which it would still be entitled to do under the terms of its agreement with Wells Fargo, even if there were no funds left in the debtor's merchant account, no? It was then up to Wells Fargo to attempt to recoup its losses. (Did the debtor put Wells Fargo on notice of the fact that it was in bankruptcy? This is one of the problems created by not promptly closing all bank accounts when a bankruptcy case is filed.) However, court will not summarily adjudicate this claim at this juncture. Debtor has adequately pleaded the claim, and the court is relying on information not in the record in surmising how things probably transpired.
Grant with leave to amend with regard to claim under section 502(d). Has KLM even filed a claim against the estate at this point? Court was unable to find any reference to a claim filed by KLM in the complaint.
Deny motion for summary judgment as premature. Court will not grant a motion for summary judgment until defendant has answered the complaint and plaintiff has had a reasonable opportunity to conduct discovery that may be relevant to proving or disproving defendant's contentions.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Defendant(s):
KLM Interiors, LLC Represented By Simon Aron
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Movant(s):
KLM Interiors, LLC Represented By Simon Aron
Plaintiff(s):
J. Robert Scott, Inc. Represented By
Crystle Jane Lindsey Daniel J Weintraub
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Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC
Robert Scott, Inc. against KLM Interiors, LLC fr. 5-5-20, 6-2-20
Docket 1
7/13/20 - Chrystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Simon Aaron (310)478-4100, ext 6601, has been approved for telephonic appearance on 7/14/20 @ 2pm
5/1/20 -- Court approved stipulation continuing defendant's response date to May 15, 2020 and continuing status conference to June 2, 2020 at 2:00 p.m.
OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for June 2, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference to July 14, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss. (No new status report required for that date.) APPEARANCES
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WAIVED ON JUNE 2, 2020.
Tentative Ruling for July 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of hearing on motion to dismiss.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Defendant(s):
KLM Interiors, LLC Represented By Simon Aron
Plaintiff(s):
J. Robert Scott, Inc. Represented By
Crystle Jane Lindsey Daniel J Weintraub
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Adv#: 2:20-01126 Pouladian v. Deco Enterprises, Inc. et al
Docket 1
7/13/20 - John Yates, (818)381-5891, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Raymond Aver, (310)571-3511, has been approved for telephonic appearance on 7/14/20 @ 2pm.
7/13/20 - Amy Mousavi, (949)864-9667, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Gregory Vizza, (215)569-5702, has been approved for telephonic appearance on 7/14/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
According to the parties' status report, a mediation must be completed in a related
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LASC action by July 31, 2020. Have the parties scheduled a mediation date? Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Defendant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Craig Allen Pro Se
Plaintiff(s):
Benjamin Pouladian Represented By John R Yates
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Docket 1
7/13/20 - John Yates, (818)381-5891, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Bruce Landau, (310)838-1507, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Raymond Aver, (310)571-3511, has been approved for telephonic appearance on 7/14/20 @ 2pm.
7/13/20 - Amy Mousavi, (949)864-9667, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Gregory Vizza, (215)569-5702, has been approved for telephonic appearance on 7/14/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue case status conference to July 14, 2020 at 2:00 p.m. to be heard concurrently with status conference in Pouladian adversary proceeding. Debtor need not file new case status report in connection with July 14 case status conference.
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APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for July 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
How are the debtor's operations? Has the debtor been meeting its projections? May 26 status report referred to efforts by the debtor to obtain DIP financing and represented that debtor anticipated filing one or more financing motions by June 25. This hasn't happened. What is the status of debtor's efforts to obtain financing?
Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
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to Approve Compromises and Settlements with Oregon Defendants in Two Adversary Proceedings
for Authority to Pay Special Counsel's Contingency Fee and Costs fr. 6-3-20, 6-10-20
Docket 378
6/29/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 7/14/20 @ 2:00pm
7/13/20 - Leslie Cohen, (310)922-8104, has been approved for telephonic appearance on 7/14/20 @ 2:00pm
7/13/20 - Aaron DeLeest, (310)277-0077, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Stephen Weaver, (818)331-6219, has been approved for telephonic appearance on 7/14/20 @ 2pm
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS
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TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Tentative Ruling for June 3, 2020:
Rulings on Trustee's Objection to Sahni Declaration:
1, Sustain (lack of personal knowledge)
Sustain (lack of foundation)
Sustain (lack of foundation)
Sustain (lack of personal knowledge)
Sustain (lack of foundation)
Overrule
Overrule
Sustain (lack of foundation)
Overrule as to first sentence. Sustain as to balance (lack of foundation)
Sustain (lack of foundation)
Overrule as to first sentence. Sustain as to balance (lack of foundation)
Tentative Ruling on Merits:
Court agrees with trustee that offer from Sahni with conditions is not the functional equivalent of the compromise. (Do settling parties have any claims against the estate that are being withdrawn?) If Sanhi is willing to offer overbid without conditions and provides trustee with cashier's check for $50,000, continue hearing to give settling parties an opportunity to participate in an auction.
Final Ruling for June 3, 2020:
Trustee's counsel represented that dismissals in Oregon actions could easily be vacated and the actions resurrected if Sahni were to purchase the claims. Counsel for Sahni represented that, if these actions can be resurrected, Sahni would be interested in purchasing the claims for $50,000. It is unclear whether defendants' cooperation would be required to resurrect the action and whether court order requiring defendants to execute such documents as may be necessary to permit the trustee to effectuate a sale would be sufficient. Court continued hearing to June 10, 2020 at 11:00 a.m. and directed counsel for Sanhi to conduct whatever due diligence necessary to enable him to decide whether he wants to purchase the claims and to file any supplemental papers by noon on June 9, 2020. If Sahni wants to purchase the claims, he will need to
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deposit $50,000 with counsel for the trustee by noon on June 9, 2020.
Tentative Ruling for June 10, 2020:
Did Sahni make the required payment? Is Sahni interested in proceeding with a purchase of the claims for $50,000? (Defendants previously advised that they do not intend to overbid.)
Final Ruling for June 10, 2020:
Continue hearing to July 14, 2020 at 2:00 p.m. Trustee will file request in Oregon actions to vacate dismissals because this court has not yet approved settlement and there is a buyer willing to pay more to be substituted in as plaintiff and this court has ordered trustee to request that dismissals be vacated so that trustee may sell estate's rights to a third party. Trustee should advise court of the results. If Oregon court vacates dismissals, court will approve nonrefundable payment of $50,000 and sale of the estates rights to Sahni or his nominee. If Oregon court refuses to vacate dismissals, court will approve compromise.
Tentative Ruling for July 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Trustee advises that the Oregon Bankruptcy Court has entered orders setting aside the dismissals. Deny approval of compromise and approve transfer of estate's rights to Sahni or his nominee for $50,000, as is, where is, etc. (Defendants have advised that they do not intend to overbid.)
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Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Movant(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
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Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al
Fr. 8-27-19, 10-1-19, 11-5-19, 12-10-19, 2-25-20, 6-9-20
Docket 1
6/29/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 7/14/20 @ 2:00pm
7/13/20 - Leslie Cohen, (310)922-8104, has been approved for telephonic appearance on 7/14/20 @ 2:00pm
7/13/20 - Aaron DeLeest, (310)277-0077, has been approved for telephonic appearance on 7/14/20 @ 2pm
7/13/20 - Stephen Weaver, (818)331-6219, has been approved for telephonic appearance on 7/14/20 @ 2pm
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.
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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 February 25, 2020:
Revisit status of case after conclusion of hearing on motion to dismiss.
4/10/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to June 17, 2020 and continuing status conference to July 14, 2020 at 2:00 pm. OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for July 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
According to status report, defendant would like to file motion to withdraw reference. What would the basis of such a motion be? Discuss timing of such a motion with parties.
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to continued status conference.
Debtor(s):
Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver
Defendant(s):
Ranbir S Sahni Represented By
2:00 PM
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 Zev Shechtman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
11:00 AM
Docket 1073
7/13/20 - Jeffrey kwong, (310)229-1234, has been approved for ZoomGov appearance on 7/15/20 @ 11am
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
11:00 AM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
Tentative Ruling for July 15, 2020:
Deny motion. Court has already determined (and it is clear from the terms of the agreement) that the settlement agreement with Garikian never became effective because a plan was never confirmed in this case. Therefore, it cannot be said that the debtor or the trustee breached the agreement, and Garikian cannot assert any claims based on a breach of the agreement or rights under that agreement.
Garikian is not entitled to adequate protection under section 363(e). There never was a sale and, as the court explained in connection with approval of the trustee's compromise with EWB, Garikian's rights were not affected by that compromise. Garikian retained whatever liens and claims it had prior to its settlement agreement with the debtor. (That is, its claim is not reduced. Garikian is free to assert the larger presettlement claim amount and any rights it would otherwise have
11:00 AM
waived under its settlement agreement with the debtor.)
Garikian has not articulated a coherent basis upon which it should be allowed an administrative claim.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato Justin P Karczag
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo
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, 12-4-19, 6-3-20
Docket 1
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
Set bar date and deadline for filing objections to claims. Set deadline for filing plan and disclosure statement.
6/17/16 -- Court granted application for bar date. Deadline to serve notice of bar date -- August 20, 2016. Bar date -- October 31, 2016.
Tentative Ruling for November 1, 2016:
Set deadline for filing plan and disclosure statement in approximately 90 days. Continue case status conference to date scheduled for hearing on disclosure statement.
11/4/16 -- Court signed scheduling order setting following dates:
L/D to file plan and disclosure statement -- December 28, 2016 Hearing on disclosure statement -- February 15, 2017 @ 2:00 p.m. Cont'd status conference -- February 15, 2017 @ 2:00 p.m.
8/14/17 -- Court approved stipulation continuing hearing to September 6, 2017 at 2:00 p.m. OFF CALENDAR FOR AUGUST 30, 2017. Tentative
Ruling for February 15, 2017:
11:00 AM
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for September 6, 2017:
Revisit status of case after conclusion of related matters on calendar.
Tentative Ruling for February 28, 2018:
It appears that the debtor's revenues have been decreasing each month. What is going on and how long will the debtor be able to sustain operations and continue to make plan payments if this continues? Hearing required.
Final Ruling from February 28, 2018:
Continue status conference to May 30, 2018 at 11:00 a.m. Debtor should file updated status report not later than May 21, 2018. Debtor's principal should appear in person at continued status conference.
Tentative Ruling for May 30, 2018:
Debtor's situation appears to have improved since February. Continue case status conference to November 28, 2018 at 11:00 a.m. Debtor should file updated status report not later than November 16, 2018. APPEARANCES WAIVED ON MAY 30, 2018.
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:
11:00 AM
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.
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.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Even though counsel has only been able to communicate with his client via email, he should be able to obtain the information necessary to draft an updated status report accompanied by a declaration by someone with personal knowledge advising the court about the status of the debtor's payments under the plan and when the debtor believes that it will be in a position to make up any delinquent payments. Continue status conference to July 15, 2020 at 11:00 a.m. Debtor should file status report accompanied by declaration by someone with personal knowledge not later than July 2, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video
11:00 AM
and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
11:00 AM
Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
Amelia Puertas-Samara
11:00 AM
fr. 1-29-20, 3-4-20, 3-18-20, 3-26-20, 4-1-20, 5-6-20
Docket 323
7/14/20 - Sharon Weiss, (310)576-2276, has been approved for ZoomGov Appearance on 7/15/20 @ 11am
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
7/14//20 - Elissa Miller, (213)617-5234, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
Grant Chase's request for continuance to give lender an opportunity to obtain an appraisal and conduct discovery.
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020.
4/29/20 -- At hearing held this date, Court continued this hearing to July 15, 2020 at 11:00 a.m. OFF CALENDAR FOR MAY 6, 2020.
Tentative Ruling for July 15, 2020:
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
11:00 AM
under the tab, "Instructions/Procedures."
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Movant(s):
Samuel Michael Saber Represented By Giovanni Orantes Giovanni Orantes
11:00 AM
fr. 3-4-20, 3-18-20, 3-26-20, 4-1-20, 5-6-20
Docket 338
7/14/20 - Sharon Weiss, (310)576-2276, has been approved for ZoomGov Appearance on 7/15/20 @ 11am
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
7/14//20 - Elissa Miller, (213)617-5234, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020. (Court approved
stipulation extending reply deadline to May 4, 2020.)
4/29/20 -- At hearing held this date, Court continued this hearing to July 15, 2020 at 11:00 a.m. OFF CALENDAR FOR MAY 6, 2020.
Tentative Ruling for July 15, 2020:
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
11:00 AM
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
11:00 AM
Docket 76
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
11:00 AM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
11:00 AM
Debtor(s):
Pablo Meza Represented By
Ruben Fuentes
11:00 AM
Docket 1
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
1/9/20 -- At hearing held this date, court continued case status conference to March 11, 2020 at 11:00. OFF CALENDAR FOR JANUARY 15, 2020.
Debtor should file updated status report not later than March 2, 2020. Tentative Ruling for March 11, 2020:
Set bar date and deadline for debtor to serve notice of bar date. Continue status conference approximately 90 days and set deadline for filing of updated status report.
Final Ruling for March 11, 2020:
Court set following dates. Last day to serve notice of bar date -- March 20, 2020. Bar date -- Apri 30, 2020. Continued status conference -- June 17, 2020 at 2:00 p.m. Date disclosure statement can be heard if timely filed (June 17, 2020 at 2:00 p.m.) Last day to file status report -- June 5, 2020 (but status report waived if court will be conducting hearing on disclosure statement at same time as status conference). Debtor to lodge scheduling order.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT
11:00 AM
866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Debtor served notice of bar date on March 19, 2020, but never lodged scheduling order, so there is no bar date. Impose sanctions of $150 on counsel for debtor for failing to lodge scheduling order in a timely manner as directed by the court. Also missing, presumably because counsel did not lodge a scheduling order, is the status report that should have been filed by June 5, 2020 in light of the fact that debtor did not file a plan and disclosure statement.
What is the status of this case? What is going on? Hearing required.
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be
11:00 AM
recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
Debtor(s):
Pablo Meza Pro Se
11:00 AM
Docket 74
7/10//20 - David Jacob (213) 293-5931, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
7/14/20 - Todd Arnold, (310)229-1234, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
11:00 AM
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
11:00 AM
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
11:00 AM
Docket 43
6/23//20 - Renee S. Fahrendholz (951) 684-5608 has been approved for ZoomGov appearance on 7/15/20 @ 11am
7/13/20 - Jeffrey Smith, (562)624-1177, has been approved for ZoomGov appearance on 7/15/20 @ 11am
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
11:00 AM
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
11:00 AM
Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
2:00 PM
fr. 3-18-20, 3-26-20, 5-6-20
Docket 102
- NONE LISTED -
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
There are a handful of corrections requested by the Court at the prior hearing on the disclosure statement that were not made or were not properly made.
These will be discussed on the record at the time of hearing on the disclosure statement.
What is Wilmington Bank's actual objection to the disclosure statement? There was a lot of boilderplate in its objection, but not much substance. The only issue that the court was abile to identify that is not a plan confirmation issue was a complaint that the objecting creditor could not ascertain what the debtors' income has been since the filing date exclusive of rental income from the revised projections attached as Exhibit "B". Is there anything else?
Jeffrey Cowan has now filed a notice of withdrawal of his claim. That is not sufficient to clear title, but at least has the effect of constituting a withdrawal of his objection to approval of the disclosure statement. Are the debtors
2:00 PM
aware of the facts and circumstances that led to the filing of this withdrawal?
In light of recent developments, are the debtors still in a position to proceed forward with confirmation of their plan? Are they confident that they will have the income reflected in their projections? Hearing required.
Final Ruling for March 26, 2020:
Continue hearing to May 6, 2020 at 11:00 a.m. for a status conference on the disclosure statement to give the debtors an opportunity to evaluate how they would like to proceed at this juncture. No written status report is required.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
What if anything has transpired since the last hearing? How do the debtors want to proceed at this point? Hearing required.
Tentative Ruling for July 15, 2020:
Second Amended Disclosure Statement has been filed. OFF CALENDAR.
Debtor(s):
Daniel E. Rogosin Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Elizabeth Rogosin Represented By
2:00 PM
Matthew D. Resnik Roksana D. Moradi-Brovia
2:00 PM
Docket 133
7/13/20 - Cassandra Richey, (626)278-6227, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/14//20 - Roksana Moradi-Brovia, (310)877-8002, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/15//20 - Gerrick Warrington, (615)79-3559, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
2:00 PM
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
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
fr. 2-27-19, 6-5-19, 9-4-19, 10-10-19, 11-20-19, 1-8-20, 3-4-20, 3-18-20,
3-26-20, 5-6-20
Docket 1
7/13/20 - Cassandra Richey, (626)278-6227, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/14//20 - Roksana Moradi-Brovia, (310)877-8002, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/15//20 - Gerrick Warrington, (615)79-3559, has been approved for ZOOMGov appearance on 7/15/20 @ 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
2:00 PM
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
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.
12/13/19 -- Court approved stipulation setting following continued dates: L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February
2:00 PM
12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
Tenative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information
2:00 PM
provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
2:00 PM
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
fr. 5-5-20, 6-17-20
Docket 184
7/13/20 - David Gottlieb, (818)539-7720, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/13/20 - Krikor Meshefejian, (310)229-1234, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/13/20 - Ron Bender, (310)229-1234, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/14//20 - Najah Shariff, (213)894-2534, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Lovee Sarenas, (213)580-3859, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Andrew De Camara, (818)400-3852, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Jarod Wada, (650)380-1186, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/15//20 -Henry Paloci, (805)279-1225, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
2:00 PM
7/15//20 - Richard Baum, (310)277-2040, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
4/15/20 -- At a hearing held this date, Court continued hearing on claim objection to June 17, 2020 at 11:00 a.m. APPEARANCES WAIVED ON MAY 6, 2020.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Rulings on Summit's Evidentiary Objections:
Safarian Declaration:
Overrule. (The fact that someone disagrees with a witness's testimony or believes it to be inaccurate does not make that testimony inadmissible.)
Overrule.
Overrule. (Court understands this testimony as being to the best of declarant's knowledge.)
Overrule.
Overrule.
Overrule.
Overrule.
Overrule as to first sentence. Sustain as to second sentence. (This is a legal
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conclusion.)
Overrule.
Sustain. (This is argument/a legal conclusion, albeit an accurate one.)
Spiro Declaration:
Overrule.
Overrule. (Court understands this testimony as being to the best of declarant's knowledge.)
Overrule as to first sentence. Sustain as to second sentence. (This is a legal conclusion.)
Overrule.
Overrule.
Overrule.
Overrule.
Overrule as to first sentence. Sustain as to second sentence. (This is a legal conclusion.)
Tentative Ruling on the Merits:
Grant Trustee's request for judicial notice.
Claimant is correct that objecting party must overcome a presumption of validity once claimant has made a prima facie showing of the validity of its claim, but Summit has not made such a showing. Summit filed a 5 page claim in which it attached a judgment against a different entity and asserts without any support of any kind that Gentlecare Transport, Inc. was "Debtor's predecessor/assets." The judgment does not name the debtor and Summit has not provided so much as a single piece of paper of any kind to establish that its claim against Gentlecare is a claim against this debtor.
In its opposition to the claim objection, Summit incorporates by reference documents found elsewhere in the Court's records. Court will not search its records and files for the declarations and documents that may relevant to this contested matter. If there is support for Summit's claim against this debtor, Summit should file that evidence with the Court in connection with this contested matter.
Deem this objection to be an adversary proceeding for procedural purposes. Require Summit to file a further opposition to the claim objection in which it actually attaches
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the relevant documents. Set a further status conference in approximately 60 to 90 days.
Final Ruling for June 17, 2020:
Continue hearing to July 15, 2020 at 2:00 p.m. Claimant should file and serve supplemental opposition not later than July 1, 2020. Any replies must be filed and served by July 8, 2020.
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
2:00 PM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
2:00 PM
Docket 234
7/13/20 - David Gottlieb, (818)539-7720, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/13/20 - Krikor Meshefejian, (310)229-1234, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/13/20 - Ron Bender, (310)229-1234, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/14//20 - Najah Shariff, (213)894-2534, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Lovee Sarenas, (213)580-3859, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Andrew De Camara, (818)400-3852, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Jarod Wada, (650)380-1186, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/15//20 -Henry Paloci, (805)279-1225, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/15//20 - Richard Baum, (310)277-2040, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
2:00 PM
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
2:00 PM
under the tab, "Instructions/Procedures."
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
2:00 PM
Docket 1
7/13/20 - David Gottlieb, (818)539-7720, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/13/20 - Krikor Meshefejian, (310)229-1234, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/13/20 - Ron Bender, (310)229-1234, has been approved for ZoomGov appearance on 7/15/20 @ 2pm
7/14//20 - Najah Shariff, (213)894-2534, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Lovee Sarenas, (213)580-3859, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Andrew De Camara, (818)400-3852, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Jarod Wada, (650)380-1186, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/15//20 -Henry Paloci, (805)279-1225, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
7/15//20 - Richard Baum, (310)277-2040, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm
2:00 PM
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.
Final Ruling for October 2, 2019:
Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file and serve updated status report not later than January 3, 2020.
Tentative Ruling for January 15, 2020:
Status report was filed belatedly on January 12, 2020. Has debtor filed the valuation motions referenced in the status report? When/how does the debtor anticipate resolving the issues concerning Gentle Care Transport, Inc.
Hearing required.
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Where is the status report that the Court directed the debtor to file by April 3,
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2020?
Revisit status of case after conclusion of hearing on U.S. Trustee's motion to dismiss or convert.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set continued status conference for approximately 90 days. Order trustee to file updated status report prior to continued status conference.
Tentative Ruling for July 15, 2020:
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and
2:00 PM
no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
2:00 PM
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
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,
11-5-19, 10-16-18, 11-27-18, 12-18-18, 3-19-19, 7-16-19, 11-5-19,11-19-19,
1-28-20, 2-25-20, 3-10-20, 4-14-20
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.
Tentative Ruling for July 16, 2020:
Join By Computer
Meeting URL: https://www.zoomgov.com/j/1602428449 Meeting ID: 160 242 8449
10:00 AM
Password: 649012
Join By Telephone
Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New
York)
Meeting ID: 160 242 8449
Password: 649012
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
As the parties are aware, in its decision reversing the remedy originally afforded by this Court, the BAP stated that the trustee had not sought the alternate remedy available under section 550 and that the time for doing so had passed under section 546(a). As this court has previously noted, in the view of this court, this was dictum and not an issue then before the Court. This Court does not believe this is or was a correct statement of the applicable law.
The trustee later amended his complaint to request the alternate remedy of damages, and the court found that this amendment related back to the filing of the original complaint as it was based on the identical set of facts and circumstances and the identical theory of recovery. The only difference was the choice of remedies.
Further, the Court has previously rejected the defendant's contention that the entire action is barred because the trustee, at the court's direction, filed a new, consolidated lawsuit. The defendant cites Hall v. Hall for the proposition that a consolidation does not affect substantive rights. The Court agrees -- this is precisely the point. The Court instructed the parties to dismiss the existing lawsuits and file this new
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consolidated action. The point was not to affect anyone's substantive rights but to have a single, streamlined proceeding in which the court could adjudicate all pending issues and all existing rights would be reserved. The court therefore rejects, again, the defendant's statute of limitations argument.
Moreover, there is authority for the proposition that the Court at trial could permit the trustee to seek damages as an alternate remedy in a fraudulent transfer context even if he had never pleaded a claim for damages. As the court explained in Hopkins v.
Freedom Mortg. Corp. (In re Lemmons), 604 B.R. 888 (Bankr. D. Idaho 2019),
Because the Plaintiff has demonstrated the avoidability of the transfer to Defendant by virtue of the Dec. DOT, he is entitled to recover from Freedom either the property or the value of the property transferred under § 550. In his complaint, Plaintiff specifically seeks to recover the property, and makes no demand for the value of the lien. See Dkt. No. 1 at ¶ 21. However, the failure to pray for relief in the alternative is not prejudicial to the Plaintiff here.
Section 550 provides that the trustee may recover the property, "or, if the court so orders, the value of such property." (emphasis added).
* * * *
Because the Code clearly provides this Court discretion to determine the form of relief Plaintiff may recover, the Court may award the value of the lien rather than the property itself, despite the adversary complaint not specifically seeking such relief.
In re Lemmons, 604 B.R. 888 (Bankr. D. Idaho 2019).
Having determined that it may award plaintiff damages equal to the value of the transfer as a remedy, the Court must next consider what that value is. The Code provides no guidance on what value the Court should place on the transfer.
Ordinarily, the Court will determine the value of the property to be the value at the time of the transfer, but it has discretion on how to value the property so as to put the estate in its pretransfer position. Joseph v. Madray (In re Brun), 360 B.R. 669, 674 (Bankr. C.D. Cal. 2007); Riske v. The David Austin Seitz Irrevocable Tr. (In re Seitz), 400 B.R. 707, 722 (Bankr. E.D. Mo. 2008) (noting that, typically, "courts equate
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'value' with the fair market value of the subject property at the time of the transfer").
The purpose of § 550 is to restore the bankruptcy estate to the financial condition it would have enjoyed if the transfer had not occurred. Aalfs v. Wirum (In re Straightline Invs. Inc.), 525 F.3d 870, 883 (9th Cir. 2008) (internal citations omitted). The Code does not describe how the Court is to assign a "value" to the property in an avoided transfer, nor does it establish the date on which that value should be determined. This is especially true when the property in question may have declined in value subsequent to the transfer. In re Seitz, 400 B.R. at 722 (quoting In re Brun, 360
B.R. at 674; Collier on Bankruptcy ¶ 550.02[3][a] (16th ed.)). "However, there is both case law and a strong equitable argument for allowing the trustee to recover either the greater of the value of the transferred property at the transfer date or the value at the time of the recovery." In re Seitz, 400 B.R. at 707 (citing In re Brun, 360 B.R. at 674; Feltman v. Warmus (In re American Way Serv. Corp.), 229 B.R. 496, 530-31 (Bankr.
S.D. Fla. 1999); Govaert v. B.R.E. Holding Co., Inc. (In re Blitstein), 105 B.R. 133, 137 (Bankr. S.D. Fla. 1989); Collier On Bankruptcy ¶ 550.02[3] (15th ed. rev. 2005)).
Where the target property appreciates in value after it is transferred, in order to implement the intent of Congress in enacting the avoiding powers, bankruptcy courts may value the property as of the date of the judgment for recovery, and not the date of transfer. However when there is evidence that the property's value has declined, bankruptcy courts may look to the date of the transfer in fashioning the trustee's recovery so the estate does not suffer the burden of the post-transfer depreciation of the asset.
Awarding the value of the avoided lien, versus merely avoiding that lien, has been recognized as acceptable by bankruptcy courts in at least two scenarios: first, "[w]here the property is unrecoverable or its value [has been] diminished by conversion or depreciation, courts will permit the recovery of value." In re Taylor, 599 F.3d at 891 (quoting In re Bremer, 408 B.R. at 358-59); and second: "when the value is readily determinable and a monetary award would work a savings for the estate." Id.
Valuing an avoided security interest, according to the Ninth Circuit, requires two calculations:
We agree that the value of a security interest is determined in part by the value of the secured asset, in this case the value of the [vehicle]. Hence, the depreciation of the value of the car lowered the value of the security interest.
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Furthermore, the value of the security interest is determined in part by the outstanding balance of [debtor's] debt. As [debtor] made payments to reduce [the] debt, the value of the security interest diminished.
In re Taylor, 599 F.3d at 891.
In In re Taylor, the bankruptcy court concluded that the value of the avoided security interest was not readily ascertainable, and thus the only remedy available to the bankruptcy court was to return to the estate the transferred property -- the security interest -- and not the value of the property. (The Court notes as an aside that In re Taylor can be read for the proposition that the remedy the Court originally granted -- transferring the security interests granted to Hooshim and Oh to the trustee -- was the appropriate remedy, but the BAP and the Ninth Circuit apparently did not see it that way.)
Courts have tried to tackle this valuation issue in a number of different ways. In In re Lemmons, supra, the Court set the value of the deed of trust at the face amount of the lien. (Presumably, the parties had conceded that the underlying real property was worth enough to satisfy that lien.)
In Hopkins v. Dig. Fed. Credit Union (In re Parker), Nos. 14-40133-JDP, 16-8004- JDP, 2016 Bankr. LEXIS 3982, at *11-17 (Bankr. D. Idaho Nov. 15, 2016), the Court was faced with deciding upon a remedy for a trustee who had demonstrated that a security interest granted on the debtor's vehicle was avoidable. Unfortunately, the car had gone missing, and awarding the trustee a lien on a missing car would give the estate nothing, so the Court opted to give the trustee the value of the transferred property instead.
But what was that value? Originally, the trustee sought to value the lien by reference to the original amount of the car loan -- $21,400.07. But there had been payments made and the vehicle had depreciated and may not have even been operable when it disappeared. Although the Court could calculate the payments made by the debtor on the loan and the outstanding balance on the loan, the court noted that this information only satisfied part of the equation. The other information necessary to fashion a remedy is the value of the secured asset. The trustee argued that, as the car was worth less than the loan balance, the remedy should be an award equal to the value of the vehicle as of the petition date, based upon the value assigned to the Vehicle in Debtor's sworn schedules, $9,827. Although the Court considered this figure likely to
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be high in light of the reported condition of the vehicle, this is the value the court adopted, in order to place the bankruptcy estate as close as possible to its pre-transfer position.
In Samson v. Western Capital Partners, LLC (In re Blixseth), 514 B.R. 817 (D. Mt. 2014) (reversed on other grounds in 2017 U.S. App. LEXIS 4199 (9th Cir. 2017)), the bankruptcy court avoided the debtor's execution of a guaranty as a fraudulent transfer and awarded as damages an amount equal to the lender's recovery under the guaranty. The district court affirmed this result with the following explanation:
Next, WCP [the lender] challenges the award of damages to the Trustee. WCP contends that the Trustee was required to put on evidence of the value of WCP's security interest and, according to WCP, the Trustee failed to do so.
WCP maintains that because the Trustee did not provide evidence of the value of WCP's security interest, Judge Kirscher could not award the remedies he did under Section 550. WCP cites to In re Taylor, 599 F.3d 880 (9th Cir.
2010), in support of its argument. WCP's argument is without merit.
* * * *
If the transferred property is a security interest, bankruptcy courts retain the discretion under § 550 to either "award the trustee recovery of the property transferred or the value of the property transferred." In re Taylor, 599 F.3d 880, 890 (9th Cir. 2010). This reflects the goal of § 550, which is "to restore the estate to the financial condition it would have enjoyed if the transfer had not occurred." Id. Generally, the value of the property is determined by the market value of the property at the time of the transfer. However, the Ninth Circuit has found that bankruptcy courts enjoy discretion in valuing property, "so as to put the estate back to its pretransfer position."
. . . . Here, the Trustee requested that every transfer made for the benefit of WCP be avoided, including the guaranty, the security agreement, and Edra's "voluntary and involuntary transfers of property to WCP in connection with those documents." (Doc. 21 at 44.) Judge Kirscher did not abuse his discretion in determining that the appropriate remedy for returning the bankruptcy estate to its pre-transfer financial condition was to award to the Trustee the money WCP received from the sale of Edra's assets.
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Next, this Court is not persuaded by WCP's argument that In re Taylor
prevents Judge Kirscher from equating the money WCP received from the sale of Edra's assets to the value of the transfer. In re Taylor dealt with a situation where a bank had a security interest in a vehicle, but did not actually foreclose on that security interest. There, it was necessary for the bankruptcy court to determine the value of the security interest at the time of the transfer because the record lacked evidence of the market value of the security interest at the time of the judgment. Taylor, 599 F.3d at 891. Here, because WCP actually foreclosed on Edra's assets, there was evidence of the value of WCP's security interest at the time of the judgment (i.e., the money WCP received from the sale of Edra's assets). Therefore, it was not necessary for Judge Kirscher to determine the value of the WCP's security interest at the time of the transfer.
Judge Kirscher did not abuse his discretion.
Samson v. W. Capital Partners LLC (In re Blixseth), 514 B.R. 871, 884-85 (D. Mont. 2014).
So what evidence is there in this record from which the Court may determine a valuation? The parties stipulated in paragraph 7(d), page 4, of their pretrial order that, "at all times relevant to this action, the Subject Property was worth at least $150,000, which is the combined value of the principal of the Hooshim Note ($50,000) and Oh Note ($100,000)." The parties also agreed in paragraph 7(g) on page 5 of the pretrial order that "the Subject Property was encumbered only by the Hooshim and Oh liens/notes as of the November 2013 Sale."
The court cannot derive a value for the Oh lien based on the sale of the properties to the debtor. There are no appraisals in the record, and the court is not comfortable simply assuming that three unique pieces of real property were comparable and that the value paid should be divided among the three. Moreover, the debtor, having encumbered the property without the knowledge of Oh or Hooshim in transactions the Court has found were actual fraud fraudulent transfers, might well have concluded that she would not need to actually pay off these liens. The fact that she was willing to pay $35,000 for the three properties does not really tell the court anything about what the Oh lien was worth (or, for that matter, on these unique facts, what the underlying property was worth).
Due to the comedy of errors that was the foreclosure process here, TD Foreclosure
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Services ended up foreclosing under the (senior) Hooshim deed of trust on January 22, 2016. GBI Inland purchased the property at that sale for $69,101.63. (Pretrial Order, par. 7(e), page 4.) It is unclear what became of that $69,101.63, but it was not paid to the trustee. The Hooshim note is attached as Exhibit 3 to the parties' joint exhibit register and calls for interest on the principal sum of $50,000 at the rate of 5 percent per annum starting on January 12, 2010. Therefore, by the time of the foreclosure sale, the balance due under the Hooshim note, including interest accruals, should have been $65,068.49. This sale does not tell us what the Oh deed of trust would have been worth, as the property was sold as if this deed of trust did not exist, and the proceeds of this sale appear to be little more than the amount sufficient to satisfy the senior lien. (And if the underlying real property was really only worth the amount it sold for at this sale -- $69,101.63, the remaining value of the property and therefore that of the Oh lien would have been approximately $4,000.)
The foreclosure judgment amount ($164,774.36) does not appear to be the appropriate figure either. That figure includes the amount that should have been paid to the holder of both deeds of trust. This figure is larger than the amount/value attributable merely to the Oh lien, and the trustee cannot recover from Oh amounts that he might have been able to recover from Hooshim but for the trustee's settlement with Hooshim.
The trustee's third valuation method does not work either. That figure --
$209,101.63 -- includes not only the amounts attributable to the senior deed of trust ($69,101.63) but also the settlement figure, which was an amount paid not only to Oh, but also to Hooshim and the debtor, and may have included value for the property above and beyond the amount of the liens (any excess value from the foreclosure sale above and beyond the amount of the liens would have gone to the owner, not to the lienholder Oh) or costs of defense. The court has no way to determine how the parties arrived at this figure or how it was shared among the three plaintiffs (Oh, Hooshim and the debtor). Thus, it does not represent an appropriate proxy for the value of the Oh lien.
The debtor has already resolved his disputes with Hooshim and has received a settlement payment. There is no reason to add the $69,101.63 figure (which appears to be roughly the value of the Hooshim lien) to any judgment against Oh. And, similarly, there is no reason to deduct this figure from any recovery against Oh. This was the amount attributable to the Hooshim lien, not the Oh lien. Whether it was ultimately paid to the trustee or not has nothing to do with the value of the Oh lien.
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The parties agree that the property was worth at least $150,000. GBI paid $69,101.63 plus $140,000 for this property, so, at least from GBI's perspective, the underlying real property appears to have been worth enough to satisfy the full balance secured by the Oh deed of trust. It follows, therefore, that there was ample collateral to satisfy the deed of trust in full at the time the lien was granted and that, at that time, the deed of trust was worth its face amount of $100,000. By the time of the foreclosures, the balance due on this deed of trust would have been $130,136.99 ($100,000 plus 6 years and 10 days of interest at 5 percent per annum). If the underlying real property was worth enough to satisfy this lien in full, this may be an appropriate measure of recovery as well if it is appropriate for the court to use equitable principles to measure the value of the lien at this later point in time instead of at the time the lien was created, but there is no evidence in the record as to what the underlying property was actually worth at the time of these later transactions.
If there were evidence as to the amount that Oh eventually recovered by virtue of the deed of trust, the court would have no difficulty in applying the reasoning of Samson to determine that any such amounts should be paid to the trustee, as this would have been the value actually received by Oh as a result of the deed of trust. Court has insufficient evidence to use this measure of recovery. Based on the evidence provided, the only figure that the Court can confidently use for the value of the lien is the face amount of the lien at the time of the transfer -- $100,000 -- because, based on the stipulated facts, it is more likely than not that the property was worth more than enough to satisfy the Oh lien in full at the time of the transfer.
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
10:00 AM
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
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 218
- NONE LISTED -
Join By Computer
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Password: 649012
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For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
10:00 AM
Plaintiff has the opportunity to submit additional direct testimony at trial by calling debtor or defendant (or anyone else on the witness list that plaintiff has subpoenaed for trial) as hostile witness. Until plaintiff has done this, or waived the right to do this, plaintiff has not rested and motion is premature.
For the reasons set forth in the tentative ruling for matter no. 1, the court believes that there is sufficient evidence in the record for the trustee to obtain a judgment against defendant Oh for $100,000.
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 Jason L Weisberg
Lynn Wolcott Represented By Michael A Coletti
Chonghee Jane Kim Represented By
10:00 AM
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
MOVANT: WILMINGTON TRUST, NA
Docket 192
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/17/20 - Nancy Lee, (619)575-2077
7/1720 - Stuard Wald, (310)429-3354
Grant without waiver of Rule 4001(a)(3). Movant has sufficiently established that it has a colorable claim to enforce a right against property of the estate, and nothing asserted by the debtor has raised any genuine issues with regard to the validity of the note and deed of trust or movant's standing to enforce them.
Debtor(s):
Soames Lane Trust Represented By Stuart J Wald
Movant(s):
Wilmington Trust, NA, successor Represented By
10:00 AM
Trustee(s):
Merdaud Jafarnia Nancy L Lee
Rosendo Gonzalez (TR) Represented By Carmela Pagay
---- Levene Neale Bender
10:00 AM
MOVANT: OM YERMO, LLC.
Docket 45
- NONE LISTED -
7/14/20 -- Court approved stipulation continuing hearing to September 8, 2020 at 10:00 a.m. OFF CALENDAR FOR JULY 21, 2020.
Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
Movant(s):
OM Yermo LLC Represented By John E Lattin
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
10:00 AM
MOVANT: IRA SERVICES TRUST COMPANY CFBO, ET AL
Docket 120
- NONE LISTED -
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Movant(s):
IRA SERVICES TRUST Represented By Thomas R Mulally
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
MOVANT: AXOS BANK
Docket 13
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Joseph Delmotte, (858)750-7639
Grant with waiver of Rule 4001(a)(3) and annulment.
Debtor(s):
Hector Carvallo Jr. Represented By Alisa Admiral
Movant(s):
Axos Bank Represented By
Joseph C Delmotte
10:00 AM
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
[Fees requested: $435000.00, Expenses: $2626.00]
fr. 7-1-20
Docket 1084
- NONE LISTED -
The employment application reflects that Encore was to receive a $50,000 retainer, not a $25,000 retainer. When/how did that change?
Court agrees that professional should not be compensated for services performed after conversion, not merely because professional was not employed by the trustee but also because post-conversion services actually impeded the trustee's efforts to consummate the settlement. It is well settled that a debtor's professionals do not automatically become the trustee's professionals. If the trustee wants to continue a professional's employment, he must apply to the bankruptcy court for that relief. Applicant's contention that they should recover post-confirmation compensation because "the Trustee took no action to discharge Applicants nor inform the Court in the context of his employment that he would not utilize the counsel the Court had just appointed" is absurd. Further, it is not accurate to say that the Court contemplated that the Applicants would continue to be employed and be working on the case after the appointment of the Trustee. It was anyone's guess how the Trustee would proceed with regard to the appeal after his appointment and, absent employment by the trustee, the debtor's professionals are not entitled to compensation from the estate after appointment of a trustee.
Compensation of professional in accordance with original formula would be a
10:00 AM
windfall on these facts in light of conversion of the case. It is appropriate in the case of a professional employed on a contingency basis whose services are terminated mid- stream to be compensated on a quantum meruit basis.
It is well settled that a contingency fee lawyer discharged prior to settlement may recover in quantum meruit for the reasonable value of services rendered up to the time of discharge. (Fracasse v. Brent (1972) 6 Cal.3d 784, 791 [100 Cal. Rptr. 385, 494 P.2d 9].) “The most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate. This calculation provides an objective basis on which to make an initial estimate of the value of a lawyer's services. The party seeking an award of fees should submit evidence supporting the hours worked and rates claimed.” (Hensley v.
Eckerhart (1983) 461 U.S. 424, 433 [76 L.Ed.2d 40, 103 S.Ct. 1933].)
However, providing evidence as to the number of hours worked and rates claimed is not the end of the analysis in such a quantum meruit action. The party seeking fees must also show the total fees incurred were reasonable. Factors relevant to that determination include “[t]he nature of the litigation, its difficulty, the amount involved, the skill required in its handling, the skill employed, the attention given, the success or failure of the attorney's efforts, the attorney's skill and learning, including his [or her] age and experience in the particular type of work demanded.” (Los Angeles v. Los Angeles Inyo- Farms Co. (1933) 134 Cal.App. 268, 276 [25 P.2d 224], cited with approval in Fracasse, at p. 791; see also PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096 [95 Cal. Rptr. 2d 198, 997 P.2d 511] [citing same factors in considering whether fees to the prevailing party under Civ. Code, § 1717 were reasonable].)
Mardirossian & Assocs., Inc. v. Ersoff, 153 Cal. App. 4th 257, 272, 62 Cal. Rptr. 3d 665, 677 (2007).
Allow fees to professional on an hourly basis for services rendered prior to conversion, plus costs, less retainer. Authorize payment of these amounts now as allowed fees are a lien on settlement proceeds.
OFF CALENDAR. REMAINING ISSUES RESOLVED CONSENSUALLY.
10:00 AM
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato Justin P Karczag
Movant(s):
Justin P. Karczag and Encore Law Represented By
Justin P Karczag
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo Eve H Karasik
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, 9-17-19, 1-28-20, 4-14-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Michael D'Alba, (310)277-0077
7/20/20 - Michael Flanagan, (818)692-2074
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
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:
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
2:00 PM
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:
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
2:00 PM
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
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.
9/26/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 28, 2020 at 2:00 p.m. L/D to file updated status report -- January 14, 2020
L/D to complete mediation -- January 28, 2020
L/D to conduct nonexpert fact discovery -- December 30, 2019
L/D to designate experts and exchange expert reports -- December 30, 2019 L/D to conduct expert witness discovery -- February 28, 2020
12/30/19 -- Court entered scheduling order with following dates:
2:00 PM
Cont'd status conference -- April 14, 2020 at 2:00 p.m. L/D to file updated status report -- March 31, 2020
L/D to complete mediation -- April 13, 2020
L/D to conduct nonexpert fact discovery -- March 30, 2020
L/D to designate experts and exchange expert reports -- March 30, 2020 L/D to conduct expert witness discovery -- May 29, 2020
3/25/20 -- Court approved stipulation continuing dates as follows: Cont'd status conference -- July 21, 2020 at 2:00 p.m.
L/D to file updated status report -- July 7, 2020 L/D to complete mediation -- July 21, 2020
L/D to conduct nonexpert fact discovery -- June 30, 2020
L/D to designate experts and exchange expert reports -- June 30, 2020 L/D to conduct expert witness discovery -- August 29, 2020
Tentative Ruling for July 21, 2020:
Discuss with the parties the status of efforts to settle the matter and possible new dates for certain of the deadlines set forth above.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price Michael G Flanagan
Michael Gerard Flanagan, as trustee Represented By
Samuel Price
Alice Yick Flanagan, as trustee of Represented By
Samuel Price
2:00 PM
Video Symphony, LLC Represented By Samuel Price
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, 1-28-20, 6-11-19,
9-17-19,4-14-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Michael D'Alba, (310)277-0077
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.
2:00 PM
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing 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.
2:00 PM
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:
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?
9/26/19 -- Court approved scheduling order vacating discovery cutoff and waiving requirement that status report be filed in connection with January 28, 2020 status conference.
Tentative Ruling for January 28, 2020:
Continue status conference to April 14, 2020 at 2:00 p.m. to coincide with continued status conference in related matter. Parties need not file status report in connection with April status conference. APPEARANCES WAIVED ON JANUARY 28, 2020.
3/31/20 -- Court approved stipulation continuing hearing to July 21, 2020 at
2:00 PM
2:00 p.m. to coincide with status conference in related matter. Parties need not file status report in connection with July status conference.
APPEARANCES WAIVED ON APRIL 14, 2020.
Tentative Ruling for July 21, 2020:
Continue status conference to date of continued status conference for matter no. 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#: 2:20-01019 First Financial Federal Credit Union v. Donohue
fr. 4-7-20
Docket 1
- NONE LISTED -
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Where is the vehicle now and why hasn't the debtor returned the vehicle? Hearing required.
4/14/20 -- Court approved scheduling order that included parties' agreement on the record to grant lender relief from stay to pick up vehicle that is subject of lawsuit.
6/19/20 -- Court approved stipulation dismissing action. OFF CALENDAR.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
2:00 PM
Plaintiff(s):
First Financial Federal Credit Union Represented By
Bruce P. Needleman
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:20-01121 Pringle v. Cho
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR: 7/16/20 - Toan Chung, (323)724-3117
7/17/20 - Jai Kim, (949)340-3400
Answer to complaint was due on June 18, 2020. Parties may not simply grant open ended extensions of response deadline without court approval. Set new deadline for defendant to respond to complaint. (Parties may submit written stipulation if they would like to further extend deadline.) Set continued status conference and direct parties to complete a day of mediation prior to date of continued status conference.
Debtor(s):
Ho Young Cho Represented By
2:00 PM
Kelly K Chang
Defendant(s):
Steve Cho Pro Se
Plaintiff(s):
John P. Pringle Represented By Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Adv#: 2:19-01062 Gonzalez et al v. Sanchez et al
Sanchez
fr. 5-7-19, 9-10-19, 1-14-20, 4-14-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/13/20 - George Paukert, (310)850-0231 7/20/20 - Kathy McCormick, (909)626-7894
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
2:00 PM
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?
Tentative Ruling for January 14, 2020:
Status report states that, if the trustee's proposed compromise is approved, Darnell will be substituted in as plaintiff in this action in lieu of the trustee.
Have all the existing claims been resolved? If so, does Darnell plan to file an amended complaint or should Darnell file a new adversary proceeding asserting these claims? Are there statute of limitations issues?
Hearing required.
Tentative Ruling for August 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Court is reluctant to set discovery cutoff at this time in light of current pandemic situation. Continue status conference to July 21, 2020 at 2:00 p.m. Parties should file updated status report by July 7, 2020. APPEARANCES WAIVED ON APRIL 14, 2020.
Tentative Ruling for July 21, 2020:
Status report says "Real Party in interest was assigned the case by the Chapter 7 Trustee pursuant to Order entered 1/21/20." The docket for this adversary proceeding does not reflect that Alma Darnell has been substituted in as a/the plaintiff. That order says that "Trustee shall either dismiss the Trustee Adversary or allow the substitution of Darnell as plaintiff, "real party in interest," pursuant to the assignment provided for herein . . . ." Neither has happened.
2:00 PM
Now that the trustee is no longer a party to this action and outcome of this action will not have any effect on the estate or the distributions that creditors are likely to receive in the underlying bankruptcy case, dismiss action without prejudice for want of subject matter jurisdiction.
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):
Alma Darnell Represented By Kathy McCormick
Rosendo Gonzalez Represented By Carolyn A Dye
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:20-01077 United States Trustee (LA) v. Lopez-Castanon
Docket 18
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/17/20 - Kelly Morrison, (213)894-2656
Grant motion. Enter judgment revoking debtor's discharge pursuant to section 727(d)(4)(B).
Debtor(s):
Mario David Lopez-Castanon Represented By
Michael H Colmenares
Defendant(s):
Mario David Lopez-Castanon Pro Se
Movant(s):
United States Trustee (LA) Represented By Kelly L Morrison
United States Trustee (LA) Pro Se
2:00 PM
Plaintiff(s):
United States Trustee (LA) Represented By Kelly L Morrison
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:20-01077 United States Trustee (LA) v. Lopez-Castanon
fr. 6-9-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/17/20 - Kelly Morrison, (213)894-2656
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):
Mario David Lopez-Castanon Represented By
Michael H Colmenares
Defendant(s):
Mario David Lopez-Castanon Pro Se
2:00 PM
Plaintiff(s):
United States Trustee (LA) Represented By Kelly L Morrison
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
fr. 9-17-19, 10-1-19, 11-5-19, 1-28-20, 4-14-20, 5-12-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/10/20 - Ronald Richards, (310)556-1001 7/16/20 - Shanen Prout, (626)90-1976
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.
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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.
11/13/19 -- Court entered order granting motion to dismiss second claim for relief (523(a)(4)) without leave to amend and granting with regard to claims under section 523(a)(2)(A) and 523(a)(6) with leave to amend. Amended complaint must be filed and served by November 26, 2019. Defendant shall file and serve response not later than January 7, 2020.
Tentative Ruling for January 28, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/24/20 -- Court approved stipulation continuing status conference to May 12, 2020 at 2:00 p.m. OFF CALENDAR FOR APRIL 14, 2020.
Tentative Ruling for May 12, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for July 21, 2020:
Explain to defendant that, even if he plans to represent himself, he must cooperate in the information exchange required by Rule 7026 and must participate in the preparation of joint status reports. Continue status conference approximately 90 to 120 days and require parties to complete a day of mediation prior to date of continued status conference.
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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#: 2:19-01172 XMI FINANCIAL SERVICES, LLC, a Limited Liability C v. Avakian
fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20
Docket 1
- NONE LISTED -
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020 12/27/19 -- Court approved order appointing mediators.
Tentative Ruling for March 10, 2020:
Did the parties complete their court-ordered mediation? If not, why not? Hearing required.
3/11/20 -- Court issued scheduling order with the following dates: Cont'd status conference -- June 16, 2020 at 2:00 pm
Discovery cutoff -- May 31, 2020
L/D to file pretrial motions -- June 15, 2020
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L/D to lodge order appointing mediators -- March 23, 2020 L/D to complete mediation -- June 16, 2020
Court imposed sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order after last status conference.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Parties report that matter has been settled. Discuss with parties the structure of the settlement and options based on parties' desire to retain the ability to return to court in the event of a default. Hearing required.
6/19/20 -- Court approved stipulation dismissing action. OFF CALENDAR.
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
Raffi Khatchadourian Matthew D. Resnik
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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, 12-3-19, 3-10-20, 6-16-20
Docket 1
- NONE LISTED -
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020
Tentative Ruling for March 10, 2020:
Did the parties complete their court-ordered mediation? If not, why not? Hearing required.
12/27/19 -- Court approved order appointing mediators.
3/12/20 -- Court approved scheduling order with following dates: Cont'd status conference -- 6/16/20 at 2:00 pm
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L/D to file joint status report -- 6/2/20 L/D to complete mediation -- 6/16/20
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Parties report that matter has been settled. Discuss with parties the structure of the settlement and options based on parties' desire to retain the ability to return to court in the event of a default. Hearing required.
6/19/20 -- Court approved stipulation dismissing action. OFF CALENDAR.
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#: 2:15-01535 Murtagh v. BAKER et al
Reissuing a Warrant for Baker's Arrest Based on his ongoing Civil Contempt;
Granting Bruce Anderson Permission to Log Into and Examine Baker's Online Accounts
for Related Relief fr. 5-19-20, 6-16-20
Docket 661
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/17/20 - Jessica Ponce, (213)263-2911
7/20/20 - Derek Linke, (206)274-2800 7/20/20 - Jeremy Rothstein, (818)644-6088 7/20/20 - David Steele, (415)658-2929 x 235
7/20/20 - Neil Broom, (678)428-6304
2:00 PM
7/21/20 - James Murtagh, (818)382-6200 x 129
7/21/20 - Peter Arhangelsky, (602)388-8899
Rulings on Baker's Evidentiary Objections:
(for ease of reference, court has numbered paragraphs of objections sequentially)
Anderson Declaration
Overrule. (First sentence is admission of party opponent. Second sentence is opinion of an expert. Fact that Baker may disagree with expert's opinion does not make it inadmissible.)
Sustain (hearsay).
Overrule.
Sustain (lack of foundation).
Overrule.
Overrule.
Murtagh Declaration
Overrule.
Sustain (hearsay).
Sustain (lack of foundation).
Overrule as to sentence about date on which index page became unavailable. Sustain as to balance (lack of foundation).
Overrule.
Sustain (best evidence).
Overrule as to first two sentences about checking for listed files. Sustain as to sentence that begins, "In other words," for lack of foundation/speculation.
Sustain (speculation).
Sustain (lack of foundation and hearsay). (Court does not agree that financial information is irrelevant.)
Tentative Ruling on Merits:
Deny motion on both procedural and substantive grounds. Court agrees that this is not the appropriate procedure for having someone held in contempt and that the motion does not specify any legal basis for relief sought. As a factual matter, the
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Declaration of Neil Broom states that Baker did cooperate and give Broom access to the files in question. Mr. Broom testifies that Baker did comply with the Court's prior orders with regard to the matters at issue in this motion and that he has copied all of the files in question. Did plaintiff discuss this motion with Mr. Broom before filing it? (NOTE: Baker should not expect this court to award sanctions as against Murtagh for filing this motion unless and until Baker has paid all of the amounts that he has been ordered to pay in this action.)
Final Ruling for May 19, 2020:
Continue hearing to June 16, 2020 at 2:00 p.m. to give movant an opportunity to talk with Mr. Broom about obtaining information that plaintiff wants and clarifying any misunderstandings between plaintiff and the neutral expert as to what has and has not been turned over by defendant so that we can resolve at continued hearing whether there is any additional data to be turned over or not. If there is additional data, court will enter order requiring turnover of that data. If Baker does not comply with this new order, plaintiff can seek to hold him in contempt for not compling with that order.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Did plaintiff in fact confer with Mr. Broom for the purposes identified by the court on the record at the May 19 hearing? Where do we currently stand? Does Mr. Broom have the additional data that plaintiff is looking for? If so, have the plaintiff and Mr. Broom negotiated an additional stipulation? (Court reviewed plaintiff's status report, but it does not adress these issues.) Hearing required.
Final Ruling for June 16, 2020:
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Continue hearing to July 21, 2020 at 2:00 p.m. Plaintiff should serve and file status report by July 7, 2020.
Tentative Ruling for July 21, 2020:
(Status report was filed late.) Based on that report, it appears that the plaintiff is in the process of reviewing a large quantity of data as well as the privilege logs received from Mr. Steele and NIC. What is the current status of this review? How much additional time does plaintiff believe that he will require to ascertain whether or not there are additional documents that have already been requested that have not been provided? Hearing required.
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 David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
James Murtagh Represented By David P Bleistein Lisa Hiraide Michael J Conway Douglas M Neistat
2:00 PM
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
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, 3-12-19, 4-2-19, 6-11-19,
7-30-19, 10-15-19,11-19-19, 12-3-19, 3-31-20, 6-16-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/17/20 - Jessica Ponce, (213)263-2911
7/20/20 - Derek Linke, (206)274-2800 7/20/20 - Jeremy Rothstein, (818)644-6088 7/20/20 - David Steele, (415)658-2929 x 235
7/20/20 - Neil Broom, (678)428-6304
7/21/20 - James Murtagh, (818)382-6200 x 129 7/21/20 - Peter Arhangelsky, (602)388-8899
2:00 PM
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:
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.
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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 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?
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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.
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.
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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:
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
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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).
Final Ruling for December 3, 2019:
Continue status conference to March 31, 2020 at 2:00 p.m. Plaintiff should file and serve a unilateral status report not later than March 17, 2020.
Tentative Ruling for March 31, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Where is the status report that plaintiff should have filed by March 17? Why hasn't counsel for plaintiff filed stipulation with Mr. Broom or lodged order resolving motion for turnover? Hearing required.
Status report filed on March 27, 2020. Court received copy on March 30, 2020. It now appears that plaintiff has abandoned any attempts to obtain information from Mr. Broom and plans to file yet another motion that he believes will enable him to maintain the information that he desires. Has that motion been filed and, if so, when is it set for hearing? Court still needs the
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order that plaintiff was to lodge in connection with turnover motion. Court will not want to rule on that motion until it has memorialized in an order its prior ruling on the latest turnover motion.
Tentative Ruling for June 16, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of related matter on calendar. Discuss with parties plaintiff's request for a further extension of deadline to file motion for default judgment.
7/2/20 -- Court approved scheduling order setting continued status conference for July 21, 2020 at 2:00 p.m., requiring parties to file joint status report by July 7, 2020 and extending the deadline for plaintiff to file a default judgment motion to July 31, 2020.
Tentatlve Ruling for July 21, 2020:
Revisit status of action after conclusion of related matter on calendar.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - 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 Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:20-01044 Anaim et al v. Vartanian et al
Docket 28
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Peter DiDonato, (661)255-7500
7/20/20 - Richard Goor, (818)784-6899
This is not a motion to reopen a case under section 350. Movants are seeking to vacate the dismissal of an adversary proceeding. Frankly, section 350 does not apply to adversary proceedings at all, and, even if it did, it would not apply here, as the problem is not that the adversary proceeding was closed (which is easy enough to remedy as it is a purely ministerial matter).
The problem (for movants) is that the adversary proceeding was DISMISSED for cause. Section 350 just does not apply. The same is true with regard to FRBP 5010, which implements section 350.
FRBP 3008 does not apply either. That rule discusses moving for reconsideration of an order allowing or disallowing a CLAIM AGAINST THE ESTATE. Plaintiffs have not filed or asserted a claim against the estate.
They have filed an action against professionals employed by the trustee and
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seek to recover from those professionals, not from the estate.
This is simply a motion for reconsideration under FRBP 9024, which incorporates in part FRCP 60, and the basis for the requested relief is "any other reason that justifies relief," but the motion does not set forth any such reason. As In re Harris, a case cited by movants, makes clear, court appointed officers who represent the estate, which include professionals employed by the trustee, are the functional equivalent of a trustee and are entitled to derived quasi-judicial immunity for actions within the scope of their authority. And a party seeking leave of court to sue someone protected by the Barton Doctrine must make a prima facie showing that its claim is not without foundation. In re Nat'l Molding Co., 230 F.2d 69, 71 (3d Cir. 1956).
The facts alleged by the movants themselves demonstrate that movants have no viable claim. They did not close the transaction by the deadline established by the court-approved sale agreement for this purpose and the trustee never agreed to extend this deadline.
The sale was to close within 14 days after the entry of the order, which was December 5, 2019. Instead of cancelling the sale at that time, the trustee issued a notice to perform and gave movants two additional days from December 6, 2019 to close the transaction. That notice advised movants that the trustee retained the right to cancel the agreement if they failed to close by that extended deadline. On or about December 6, 2020, movants obtained a conditional commitment letter from their lender that imposed a number of conditions. Movants did not close the transaction within these two additional days. Therefore, when, on December 9, 2019, the trustee still had no firm, unconditional loan commitment and no proof of funds, the trustee issued a notice of cancellation. These facts are not in dispute and the movants' contentions about why the trustee never changed her mind after that are all conjecture, alleged on "information and belief." The trustee and the brokers, however -- who will be the only witnesses who would be able to testify as to conversations between the trustee and the brokers -- demonstrate that movants conjectures are unfounded.
According to these declarations, the trustee received a letter on December 10, 2019 from the movants' proposed lender with a new timeline that included a new condition -- a completed environmental study that had to be provided
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by December 17, 2019. (This is not disputed either.)
The trustee then received a letter from the movants' attorney which, among other things, explained that the lender had added this new condition after what he claimed was a "premature cancellation." The trustee responded to movant's attorney by email on December 11, 2019 that based on the information provided to her she was not willing to rescind the cancellation. Again, none of these facts are in dispute.
The trustee affirmatively states that she did not make the decision not to rescind the cancellation based on any fears or concerns communicated to her by her brokers. She cancelled the transaction because the movants had failed to close on time and she had no assurance that they would be able to close even by an extended deadline. (The trustee could not be certain that the environmental report could be completed by December 20 or that that report would persuade the lender it was advisable to proceed without obtaining a Phase II report. And no one could have been certain of this under the circumstances.) However, she did have a backup bidder who was ready, willing and able to close promptly and was not requiring an environmental report. The trustee preferred to take the "bird in the hand," and close the transaction with the backup bidder. On these facts, there is no way that the movants will be able to state a viable claim against the defendants.
Deny motion with prejudice.
Debtor(s):
Rebecca Primicias Prudencio Represented By Joseph C Rosenblit
Defendant(s):
Derrick Vartanian Represented By Richard L Goor
Jonathan Agustin Prakash Represented By Richard L Goor
MVP Commercial/Investment Real Represented By
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Richard L Goor
Marina Brokerage Partners, Inc. dba Represented By
Richard L Goor
DOES 1 through 100, inclusive Represented By Richard L Goor
Movant(s):
Jamal A Anaim Represented By Peter diDonato
Nidhal Anaim Represented By Peter diDonato
Dalmah LLC Represented By
Peter diDonato
Plaintiff(s):
Jamal A Anaim Represented By Peter diDonato
Nidhal Anaim Represented By Peter diDonato
Dalmah LLC Represented By
Peter diDonato
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 12
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
Tentative Ruling for June 4, 2020:
Deny approval. Debtor lacks financial wherewithal to make payments. How much are the monthly payments? (Not disclosed on form.)
Debtor(s):
Mozafar Tabibnia Represented By David S Hagen
Joint Debtor(s):
10:00 AM
Elaheh Tabibnia Represented By David S Hagen
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 15
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
Tentative Ruling for June 4, 2020:
Is debtor driving the vehicle? If not, who is? Is this debtor's only vehicle? (Agreement is for a motorcycle.) Monthly payment is larger than the amount left on Part D. Coversheet is incomplete. How does debtor plan to make the payments?
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.
10:00 AM
Debtor(s):
Kevin Huntelman Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 18
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
6/22/20 - Stuart Katz, (949)660-1916
7/20/20 - Andre Khasari, (424)248-6688
The trustee and the creditor may have seen the debtor's financial records, but the court has not. The court would like some corroborating evidence as to the amount of royalties the debtor has been receiving each month -- copies of checks? bank statements? royalty statements? Continue hearing to give debtor an opportunity to provide whatever documentation he may have to show how much he has actually been receiving.
Debtor(s):
Steven Mark Colyer Represented By Andre A Khansari
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
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, 12-18-19, 3-18-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/21/20 - Raymond Aver, (310)571-3511
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.
11:00 AM
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
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?
11:00 AM
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with hearing on amended disclosure statement. OFF CALENDAR FOR 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
11:00 AM
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.
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.
Tentative Ruling for March 18, 2020:
11:00 AM
Court has reviewed the reorganized debtor's case status report. Continue status conference to July 22, 2020 at 11:00 a.m. Reorganized debtor should file updated case status report not later than July 10, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for July 22, 2020:
According to the reorganized debtor's status report, debtor is delinquent on payments due McHugh for the class 2, 3 and 4 claims "for the month of April 2020." What about the months of May, June and July? Is the reorganized debtor also delinquent on the payments for those months? Has the debtor had any discussions with the holder of these claims and, if so, have the parties agreed to anything? Hearing required.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/21/20 - Kenneth Lau, (818)794-7430
7/21/20 - Noreen Madoyan, (202)934-4064(listen only) 7/21/20 - Eryk Escobar, (202)934-4168 (listen only) 7/21/20 - Stella Havkin, (818)999-1568
7/21/20 - John-Patrick Fritz, (310)229-1234
5/15/20 - ORDER ENTERED FOR ABSTENTION AND CLOSING OF CASE.
Set deadline for debtor to serve notice of bar date and bar date. Discuss with debtor plan procedures and deadline for filing plan of reorganization. Discuss with debtor issues raised by proposed financing.
11:00 AM
Hearing required.
5/4/20 -- Court signed scheduling order with following dates: Cont'd status conference -- July 22, 2020 at 11:00 am
L/D to serve bar date notice -- May 8, 2020 Bar date -- June 30, 2020
L/D to file updated status report -- July 10, 2020 L/D to file plan -- August 24, 2020.
Tentative Ruling for July 22, 2020:
Court has reviewed debtor's status report. Continue status conference to August 26, 2020 at 11:00 a.m. Debtor should file updated status report not later than August 17, 2020.
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
2:00 PM
Docket 44
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Loren J. Edwards Represented By Todd Mannis
Joint Debtor(s):
Cheilon M. Edwards Represented By Todd Mannis
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 275
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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
Elissa Miller (TR) Pro Se
2:00 PM
Docket 63
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/14//20 - Robert Hessling, (310)375-0255
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Charles Harvey Wissore Represented By Marjorie S Archer
Trustee(s):
Jason M Rund (TR) Represented By Robert A Hessling
2:00 PM
Docket 35
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
PATRICIA MARIE OROZCO Represented By Chellei G Jimenez
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
[Fees requested: $198,378.50, Expenses: $13,164.60]
Docket 232
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Todd Arnold, (310)229-1234
7/21/20 - Kenneth Lau, (818)794-7430
Hearing required.
Are the instances of lumping described in the opposition and the reply the only instances of lumping in the application? If not, continue hearing to give applicant an opportunity to provide breakdowns of the individual time entries like those in the reply. If these are the only lumped entries, grant application, subject to applicant's suggested fee reduction. Allow on final basis total fees of $314,703.20 (combined amounts for prior and current fee period, less suggested reduction of $2,512) and costs of $20,116.93. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds.
2:00 PM
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: $47850.00, Expenses: $77.95]
Docket 296
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Ron Bender, (310)229-1234
7/21/20 - Beth Gaschen, (714)966-1000 7/21/20 - David Goodrich, (714)966-1000
Grant application. Allow on final basis fees of $77,175 and costs of $77.95. 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
2:00 PM
Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
Docket 298
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Ron Bender, (310)229-1234
Grant application. Allow on final basis fees of $67,627.50 and costs of $226.85. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith
Merhab, Robinson & Clakson, Law
2:00 PM
[Fees requested: $6,271.00, Expenses: $92.80]
Docket 299
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Ron Bender, (310)229-1234
Grant application. Allow on a final basis fees of $11,078.50 and costs of $92.80. 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 300
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
n
7/20/20 - Ron Bender, (310)229-1234
Grant application. Allow on final basis fees of $94,035 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: $173,211.00, Expenses: $10,746.99]
Docket 301
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Ron Bender, (310)229-1234
Grant application. Allow on a final basis fees of $420,101 and costs of $20,140.31. 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 307
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/20/20 - Ron Bender, (310)229-1234
Grant application. Allow on final basis fees of $25,000 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
10:00 AM
MOVANT: HONDA LEASE TRUST
Docket 11
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/31/20 - Vincent Frounjian, (818)859-7511
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Arthur Anthony Burgueno Represented By Paul C Nguyen
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
10:00 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: SANTANDER CONSUMER USA, INC.
Docket 8
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
8/3/20 - Jennifer Wang, (714)431-1058
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Luis David Carrillo Rodriguez Represented By James G. Beirne
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
10:00 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: FINANCIAL SERVICES VEHICLE TRUST
Docket 14
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
8/3/20 - Mike Gouveia, (951)201-8376
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Guogen Liu Represented By
Victor Luke
Movant(s):
Financial Services Vehicle Trust Represented By
Marjorie M Johnson
10:00 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
MOVANT: BMW BANK OF NORTH AMERICA
Docket 8
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
8/3/20 - Mike Gouveia, (951)201-8376
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Omar Rodriguez Pro Se
Movant(s):
BMW Bank of North America Represented By Marjorie M Johnson
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
10:00 AM
VIN# LRBFXBSA7HD144834
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC. DBA GM FINANCIAL
Docket 8
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
8/3/20 - Jennifer Wang, (714)431-1058
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Lavelle Stern Dunn II Represented By Sam Benevento
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Sheryl K Ith
Mandy D Youngblood
10:00 AM
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: BOBS, LLC.
Docket 80
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
6/26/20 - David Jacob, (213) 293-5931 8/3/20 - David Golubchik, (310)229-1234 8/3/20 - Romy Shy, (213)290-4328
Grant motion to disqualify Rommy Shy as an expert witness. He may be qualified to perform an appraisal of the property, but he has not demonstrated that with the information contained in his declaration. With regard to the second argument advanced in the motion to strike -- that he should be disqualified because of his economic stake in the outcome -- the court recognizes that there is a difference between hiring a supposedly independent expert and then compensating that expert on a contingency basis and letting a party in interest who has the requisite expertise offer
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expert testimony. Court would not necessarily exclude testimony in the latter instance, but the existence of incentive and bias would certainly cause the court to take the incentives of the declarant into consideration in weighing the validity/accuracy of the testimony.
In light of the foregoing, the only admissible evidence currently in the record as to the value of the property is that supplied by the debtor -- an appraisal showing the value of the property at $26 million. There is no evidence that the property is declining in value, so, at present, the movant has not established that it is entitled to relief from stay under either section 362(d)(1) for lack of adequate protection or under section 362(d)(2).
However, as the court has previously explained, particularly in light of the limited resources that the debtor has to maintain the property pending the consummation of a sale, the property needs to be sold promptly. And the court will have an opportunity in connection with the sale process to determine whether the debtor's valuation is accurate. Toward this end, the Court entered a scheduling order on June 23, 2020, directing the debtor to file a motion to approve a sale of the property not later than September 25, 2020. (An order approving real estate brokers was entered on July 28, 2020.)
Based on this record, if the Court were to rule on the motion now, it would deny the motion without prejudice, but, if movant would prefer, court will continue hearing for approximately 60 to 90 days to see whether the debtor moves forward promptly with a sale of the property or whether relief from stay should be granted to prevent the debtor from further delaying this process. (See tentative ruling for matter number 7 for court's tentative ruling with regard to contention that relief from stay should be granted because case was filed in bad faith.)
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
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Movant(s):
BOBS LLC Represented By
David Jacob
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Docket 81
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
6/26/20 - David Jacob, (213) 293-5931 8/3/20 - David Golubchik, (310)229-1234 8/3/20 - Romy Shy, (213)290-4328
The Court has been closely monitoring the debtor's progress with regard to a sale of the property in this case and will continue to do so. This case was filed on February 12, 2020 and, within approximately a month, reality changed dramatically. Debtor may be excused for the fact that vigorous marketing efforts did not begin and yield fruit immediately; however, the Court's patience and understanding is limited. At some point in the very near future, the Court will begin to share the movant's frustration with the pace at which the debtor has marketed this property and will reach the conclusion that the debtor is indeed trying simply to retain his luxury lifestyle at no cost for as long as possible.
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At this point, the Court is not yet ready to conclude that the case was filed in bad faith, but the proof will be "in the pudding." Continue hearing 60 to 90 days to see whether the debtor complies with the deadline that the court has established for the filing of a motion to sell the property.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
Movant(s):
BOBS LLC Represented By
David Jacob
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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,
11-5-19, 10-16-18, 11-27-18, 12-18-18, 3-19-19, 7-16-19, 11-5-19,11-19-19,
1-28-20, 2-25-20, 3-10-20, 4-14-20, 7-16-20
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.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
8/3/20 - Andrew Smyth, (323)404-7025 8/3/20 - Matthew Abbasi, (310)358-9341
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Tentative Ruling for July 16, 2020:
Join By Computer
Meeting URL: https://www.zoomgov.com/j/1602428449 Meeting ID: 160 242 8449
Password: 649012
Join By Telephone
Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New
York)
Meeting ID: 160 242 8449
Password: 649012
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
As the parties are aware, in its decision reversing the remedy originally afforded by this Court, the BAP stated that the trustee had not sought the alternate remedy available under section 550 and that the time for doing so had passed under section 546(a). As this court has previously noted, in the view of this court, this was dictum and not an issue then before the Court. This Court does not believe this is or was a
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correct statement of the applicable law.
The trustee later amended his complaint to request the alternate remedy of damages, and the court found that this amendment related back to the filing of the original complaint as it was based on the identical set of facts and circumstances and the identical theory of recovery. The only difference was the choice of remedies.
Further, the Court has previously rejected the defendant's contention that the entire action is barred because the trustee, at the court's direction, filed a new, consolidated lawsuit. The defendant cites Hall v. Hall for the proposition that a consolidation does not affect substantive rights. The Court agrees -- this is precisely the point. The Court instructed the parties to dismiss the existing lawsuits and file this new consolidated action. The point was not to affect anyone's substantive rights but to have a single, streamlined proceeding in which the court could adjudicate all pending issues and all existing rights would be reserved. The court therefore rejects, again, the defendant's statute of limitations argument.
Moreover, there is authority for the proposition that the Court at trial could permit the trustee to seek damages as an alternate remedy in a fraudulent transfer context even if he had never pleaded a claim for damages. As the court explained in Hopkins v.
Freedom Mortg. Corp. (In re Lemmons), 604 B.R. 888 (Bankr. D. Idaho 2019),
Because the Plaintiff has demonstrated the avoidability of the transfer to Defendant by virtue of the Dec. DOT, he is entitled to recover from Freedom either the property or the value of the property transferred under § 550. In his complaint, Plaintiff specifically seeks to recover the property, and makes no demand for the value of the lien. See Dkt. No. 1 at ¶ 21. However, the failure to pray for relief in the alternative is not prejudicial to the Plaintiff here.
Section 550 provides that the trustee may recover the property, "or, if the court so orders, the value of such property." (emphasis added).
* * * *
Because the Code clearly provides this Court discretion to determine the form of relief Plaintiff may recover, the Court may award the value of the lien rather than the property itself, despite the adversary complaint not specifically
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seeking such relief.
In re Lemmons, 604 B.R. 888 (Bankr. D. Idaho 2019).
Having determined that it may award plaintiff damages equal to the value of the transfer as a remedy, the Court must next consider what that value is. The Code provides no guidance on what value the Court should place on the transfer.
Ordinarily, the Court will determine the value of the property to be the value at the time of the transfer, but it has discretion on how to value the property so as to put the estate in its pretransfer position. Joseph v. Madray (In re Brun), 360 B.R. 669, 674 (Bankr. C.D. Cal. 2007); Riske v. The David Austin Seitz Irrevocable Tr. (In re Seitz), 400 B.R. 707, 722 (Bankr. E.D. Mo. 2008) (noting that, typically, "courts equate 'value' with the fair market value of the subject property at the time of the transfer").
The purpose of § 550 is to restore the bankruptcy estate to the financial condition it would have enjoyed if the transfer had not occurred. Aalfs v. Wirum (In re Straightline Invs. Inc.), 525 F.3d 870, 883 (9th Cir. 2008) (internal citations omitted). The Code does not describe how the Court is to assign a "value" to the property in an avoided transfer, nor does it establish the date on which that value should be determined. This is especially true when the property in question may have declined in value subsequent to the transfer. In re Seitz, 400 B.R. at 722 (quoting In re Brun, 360
B.R. at 674; Collier on Bankruptcy ¶ 550.02[3][a] (16th ed.)). "However, there is both case law and a strong equitable argument for allowing the trustee to recover either the greater of the value of the transferred property at the transfer date or the value at the time of the recovery." In re Seitz, 400 B.R. at 707 (citing In re Brun, 360 B.R. at 674; Feltman v. Warmus (In re American Way Serv. Corp.), 229 B.R. 496, 530-31 (Bankr.
S.D. Fla. 1999); Govaert v. B.R.E. Holding Co., Inc. (In re Blitstein), 105 B.R. 133, 137 (Bankr. S.D. Fla. 1989); Collier On Bankruptcy ¶ 550.02[3] (15th ed. rev. 2005)).
Where the target property appreciates in value after it is transferred, in order to implement the intent of Congress in enacting the avoiding powers, bankruptcy courts may value the property as of the date of the judgment for recovery, and not the date of transfer. However when there is evidence that the property's value has declined, bankruptcy courts may look to the date of the transfer in fashioning the trustee's recovery so the estate does not suffer the burden of the post-transfer depreciation of the asset.
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Awarding the value of the avoided lien, versus merely avoiding that lien, has been recognized as acceptable by bankruptcy courts in at least two scenarios: first, "[w]here the property is unrecoverable or its value [has been] diminished by conversion or depreciation, courts will permit the recovery of value." In re Taylor, 599 F.3d at 891 (quoting In re Bremer, 408 B.R. at 358-59); and second: "when the value is readily determinable and a monetary award would work a savings for the estate." Id.
Valuing an avoided security interest, according to the Ninth Circuit, requires two calculations:
We agree that the value of a security interest is determined in part by the value of the secured asset, in this case the value of the [vehicle]. Hence, the depreciation of the value of the car lowered the value of the security interest. Furthermore, the value of the security interest is determined in part by the outstanding balance of [debtor's] debt. As [debtor] made payments to reduce [the] debt, the value of the security interest diminished.
In re Taylor, 599 F.3d at 891.
In In re Taylor, the bankruptcy court concluded that the value of the avoided security interest was not readily ascertainable, and thus the only remedy available to the bankruptcy court was to return to the estate the transferred property -- the security interest -- and not the value of the property. (The Court notes as an aside that In re Taylor can be read for the proposition that the remedy the Court originally granted -- transferring the security interests granted to Hooshim and Oh to the trustee -- was the appropriate remedy, but the BAP and the Ninth Circuit apparently did not see it that way.)
Courts have tried to tackle this valuation issue in a number of different ways. In In re Lemmons, supra, the Court set the value of the deed of trust at the face amount of the lien. (Presumably, the parties had conceded that the underlying real property was worth enough to satisfy that lien.)
In Hopkins v. Dig. Fed. Credit Union (In re Parker), Nos. 14-40133-JDP, 16-8004- JDP, 2016 Bankr. LEXIS 3982, at *11-17 (Bankr. D. Idaho Nov. 15, 2016), the Court was faced with deciding upon a remedy for a trustee who had demonstrated that a security interest granted on the debtor's vehicle was avoidable. Unfortunately, the car had gone missing, and awarding the trustee a lien on a missing car would give the
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estate nothing, so the Court opted to give the trustee the value of the transferred property instead.
But what was that value? Originally, the trustee sought to value the lien by reference to the original amount of the car loan -- $21,400.07. But there had been payments made and the vehicle had depreciated and may not have even been operable when it disappeared. Although the Court could calculate the payments made by the debtor on the loan and the outstanding balance on the loan, the court noted that this information only satisfied part of the equation. The other information necessary to fashion a remedy is the value of the secured asset. The trustee argued that, as the car was worth less than the loan balance, the remedy should be an award equal to the value of the vehicle as of the petition date, based upon the value assigned to the Vehicle in Debtor's sworn schedules, $9,827. Although the Court considered this figure likely to be high in light of the reported condition of the vehicle, this is the value the court adopted, in order to place the bankruptcy estate as close as possible to its pre-transfer position.
In Samson v. Western Capital Partners, LLC (In re Blixseth), 514 B.R. 817 (D. Mt. 2014) (reversed on other grounds in 2017 U.S. App. LEXIS 4199 (9th Cir. 2017)), the bankruptcy court avoided the debtor's execution of a guaranty as a fraudulent transfer and awarded as damages an amount equal to the lender's recovery under the guaranty. The district court affirmed this result with the following explanation:
Next, WCP [the lender] challenges the award of damages to the Trustee. WCP contends that the Trustee was required to put on evidence of the value of WCP's security interest and, according to WCP, the Trustee failed to do so.
WCP maintains that because the Trustee did not provide evidence of the value of WCP's security interest, Judge Kirscher could not award the remedies he did under Section 550. WCP cites to In re Taylor, 599 F.3d 880 (9th Cir.
2010), in support of its argument. WCP's argument is without merit.
* * * *
If the transferred property is a security interest, bankruptcy courts retain the discretion under § 550 to either "award the trustee recovery of the property transferred or the value of the property transferred." In re Taylor, 599 F.3d 880, 890 (9th Cir. 2010). This reflects the goal of § 550, which is "to restore
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the estate to the financial condition it would have enjoyed if the transfer had not occurred." Id. Generally, the value of the property is determined by the market value of the property at the time of the transfer. However, the Ninth Circuit has found that bankruptcy courts enjoy discretion in valuing property, "so as to put the estate back to its pretransfer position."
. . . . Here, the Trustee requested that every transfer made for the benefit of WCP be avoided, including the guaranty, the security agreement, and Edra's "voluntary and involuntary transfers of property to WCP in connection with
those documents." (Doc. 21 at 44.) Judge Kirscher did not abuse his discretion in determining that the appropriate remedy for returning the bankruptcy estate to its pre-transfer financial condition was to award to the Trustee the money WCP received from the sale of Edra's assets.
Next, this Court is not persuaded by WCP's argument that In re Taylor prevents Judge Kirscher from equating the money WCP received from the sale of Edra's assets to the value of the transfer. In re Taylor dealt with a situation where a bank had a security interest in a vehicle, but did not actually foreclose on that security interest. There, it was necessary for the bankruptcy court to determine the value of the security interest at the time of the transfer because the record lacked evidence of the market value of the security interest at the time of the judgment. Taylor, 599 F.3d at 891. Here, because WCP actually foreclosed on Edra's assets, there was evidence of the value of WCP's security interest at the time of the judgment (i.e., the money WCP received from the sale of Edra's assets). Therefore, it was not necessary for Judge Kirscher to determine the value of the WCP's security interest at the time of the transfer.
Judge Kirscher did not abuse his discretion.
Samson v. W. Capital Partners LLC (In re Blixseth), 514 B.R. 871, 884-85 (D. Mont. 2014).
So what evidence is there in this record from which the Court may determine a valuation? The parties stipulated in paragraph 7(d), page 4, of their pretrial order that, "at all times relevant to this action, the Subject Property was worth at least $150,000, which is the combined value of the principal of the Hooshim Note ($50,000) and Oh Note ($100,000)." The parties also agreed in paragraph 7(g) on page 5 of the pretrial order that "the Subject Property was encumbered only by the Hooshim and Oh
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liens/notes as of the November 2013 Sale."
The court cannot derive a value for the Oh lien based on the sale of the properties to the debtor. There are no appraisals in the record, and the court is not comfortable simply assuming that three unique pieces of real property were comparable and that the value paid should be divided among the three. Moreover, the debtor, having encumbered the property without the knowledge of Oh or Hooshim in transactions the Court has found were actual fraud fraudulent transfers, might well have concluded that she would not need to actually pay off these liens. The fact that she was willing to pay $35,000 for the three properties does not really tell the court anything about what the Oh lien was worth (or, for that matter, on these unique facts, what the underlying property was worth).
Due to the comedy of errors that was the foreclosure process here, TD Foreclosure Services ended up foreclosing under the (senior) Hooshim deed of trust on January 22, 2016. GBI Inland purchased the property at that sale for $69,101.63. (Pretrial Order, par. 7(e), page 4.) It is unclear what became of that $69,101.63, but it was not paid to the trustee. The Hooshim note is attached as Exhibit 3 to the parties' joint exhibit register and calls for interest on the principal sum of $50,000 at the rate of 5 percent per annum starting on January 12, 2010. Therefore, by the time of the foreclosure sale, the balance due under the Hooshim note, including interest accruals, should have been $65,068.49. This sale does not tell us what the Oh deed of trust would have been worth, as the property was sold as if this deed of trust did not exist, and the proceeds of this sale appear to be little more than the amount sufficient to satisfy the senior lien. (And if the underlying real property was really only worth the amount it sold for at this sale -- $69,101.63, the remaining value of the property and therefore that of the Oh lien would have been approximately $4,000.)
The foreclosure judgment amount ($164,774.36) does not appear to be the appropriate figure either. That figure includes the amount that should have been paid to the holder of both deeds of trust. This figure is larger than the amount/value attributable merely to the Oh lien, and the trustee cannot recover from Oh amounts that he might have been able to recover from Hooshim but for the trustee's settlement with Hooshim.
The trustee's third valuation method does not work either. That figure --
$209,101.63 -- includes not only the amounts attributable to the senior deed of trust ($69,101.63) but also the settlement figure, which was an amount paid not only to Oh,
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but also to Hooshim and the debtor, and may have included value for the property above and beyond the amount of the liens (any excess value from the foreclosure sale above and beyond the amount of the liens would have gone to the owner, not to the lienholder Oh) or costs of defense. The court has no way to determine how the parties arrived at this figure or how it was shared among the three plaintiffs (Oh, Hooshim and the debtor). Thus, it does not represent an appropriate proxy for the value of the Oh lien.
The debtor has already resolved his disputes with Hooshim and has received a settlement payment. There is no reason to add the $69,101.63 figure (which appears to be roughly the value of the Hooshim lien) to any judgment against Oh. And, similarly, there is no reason to deduct this figure from any recovery against Oh. This was the amount attributable to the Hooshim lien, not the Oh lien. Whether it was ultimately paid to the trustee or not has nothing to do with the value of the Oh lien.
The parties agree that the property was worth at least $150,000. GBI paid $69,101.63 plus $140,000 for this property, so, at least from GBI's perspective, the underlying real property appears to have been worth enough to satisfy the full balance secured by the Oh deed of trust. It follows, therefore, that there was ample collateral to satisfy the deed of trust in full at the time the lien was granted and that, at that time, the deed of trust was worth its face amount of $100,000. By the time of the foreclosures, the balance due on this deed of trust would have been $130,136.99 ($100,000 plus 6 years and 10 days of interest at 5 percent per annum). If the underlying real property was worth enough to satisfy this lien in full, this may be an appropriate measure of recovery as well if it is appropriate for the court to use equitable principles to measure the value of the lien at this later point in time instead of at the time the lien was created, but there is no evidence in the record as to what the underlying property was actually worth at the time of these later transactions.
If there were evidence as to the amount that Oh eventually recovered by virtue of the deed of trust, the court would have no difficulty in applying the reasoning of Samson to determine that any such amounts should be paid to the trustee, as this would have been the value actually received by Oh as a result of the deed of trust. Court has insufficient evidence to use this measure of recovery. Based on the evidence provided, the only figure that the Court can confidently use for the value of the lien is the face amount of the lien at the time of the transfer -- $100,000 -- because, based on the stipulated facts, it is more likely than not that the property was worth more than
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enough to satisfy the Oh lien in full at the time of the transfer.
Final Ruling for July 16, 2020:
Judgment for plaintiff for $100,000. Set status conference for August 4, 2020 at 2:00
p.m. for trustee to consider whether he intends to prosecute any remaining claims or whether court should enter a final judgment. Court agrees not to issue memorandum or enter judgment until after status conference.
Tentative Ruling for August 4, 2020:
Does trustee intend to prosecute any of the remaining claims in this adversary proceeding? Hearing required.
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth Stephen S Smyth
Alexandre Oh Represented By
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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
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Adv#: 2:20-01134 People Of The State Of California v. Slotkin
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/29/20 - Robyn Sokol, (818)827-9108
8/3/20 - Mark Slotkin, (323)701-2275
8/3/20 - Wendy Loo-Smart, (213)978-7750
Where is joint status report that should have been filed two weeks before status conference? Discuss with parties whether complaint needs further amendment to specify facts upon which certain of the claims are based.
Hearing required.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
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Defendant(s):
Mark Abbey Slotkin Pro Se
Plaintiff(s):
People Of The State Of California Represented By
Wendy A Loo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
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Adv#: 2:19-01487 YOO v. Lennon et al
fr. 1-14-20, 2-25-20, 4-28-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
8/3/20 - Michael Weisberg, (818)827-9000
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.
2/21/20 -- Court approved stipulation continuing hearing to April 28, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 25, 2020.
According to response to OSC filed by plaintiff’s counsel, matter has been settled and a motion for approval of compromise has been entered. Motion has been filed and time to
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object has run. Why hasn’t movant filed notice of nonopposition and lodged order approving compromise?
7/22/20 -- Court approved compromise. Settlement payment due in two installments, the second of which is due upon entry of order approving compromise.
Tentative Ruling for August 4, 2020:
Trustee reports that defendants are no longer able to make second settlement payment and that trustee intends to file notice of proposed abandonment. Trustee requests 60 day continuance. Continue status conference to October 6, 2020 at 2:00 p.m. APPEARANCES WAIVED ON AUGUST 4, 2020.
Debtor(s):
Lennon and Wolfe, Inc. Represented By Steven L Bryson
Defendant(s):
Amanda Lennon Pro Se
Christopher Lennon Pro Se
Plaintiff(s):
TIMOTHY J YOO Represented By Robyn B Sokol
Trustee(s):
Timothy Yoo (TR) Represented By Steven T Gubner Robyn B Sokol
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Adv#: 2:20-01048 Dye v. Chen et al
fr. 5-5-20, 6-2-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
4/3/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to April 17, 2020.
4/7/10 -- Court approved stipulation continuing deadline for defendant Chen to respond to complaint to May 1, 2020.
4/17/20 -- Court approved stipulation continuing deadline for defendant Wang to respond to complaint to May 1, 2020.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT
2:00 PM
866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Continue status conference to June 2, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss filed by defendant Bin Wang. APPEARANCES WAIVED ON MAY 5, 2020.
Tentative Ruling for June 2, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
See tentative ruling for matter no. 204. Continue status conference to August 4, 2020 at 2:00 p.m. Parties should file joint status report not later than two weeks prior to continued status conference. APPEARANCES WAIVED ON JUNE 2, 2020.
6/4/20 -- Court approved order granting motion to dismiss with leave to amend and setting following dates:
L/D for plaintiff to file amended complaint -- June 23, 2020
L/D for defendants to respond to amended complaint -- July 14, 2020 L/D to file updated status report -- July 21, 2020
Cont'd status conference -- August 4, 2020 at 2:00 pm.
Tentative Ruling for August 4, 2020:
Continue hearing to August 11, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss. APPEARANCES WAIVED ON AUGUST 4, 2020.
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Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
Michael Jay Berger
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
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Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 8-27-19, 11-19-19, 12-17-19, 1-14-20, 3-31-20 5-5-20, 7-14-20
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed
1/31/2020 - Second Amended Complaint filed. 4/27/20 - Second Amended Cross Complaint filed.
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
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.
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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.
Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.
Tentative Ruling for March 31, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Defendant has filed a motion to dismiss, but has not served a notice of hearing on that motion despite having been instructed by the Court to do so. Court will prepare and enter an order denying that motion without prejudice and setting a new deadline of April 14, 2020 for defendant to either answer or file and notice a hearing on a motion to dismiss. Defendant must give not less than 21 days' notice of the hearing on her motion and must select an appropriate hearing date by using the self-calendaring instructions on Judge Bluebond's page on the Court's website.
Order prepared by the Court should continue the status conference to May 5, 2020 at 2:00 p.m. THE PARTIES SHOULD JOINTLY PREPARE a joint
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status report that should be filed with the Court not later than April 21, 2020.
APPEARANCES WAIVED ON MARCH 31, 2020.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Revisit status of action after conclusion of hearing on motion to dismiss. 6/9/20 -- At hearing on motion to strike cross-complaint, court continued status
conference to August 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JULY 14, 2020.
NO APPEARANCE REQUIRED.
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Tentative Ruling for August 4, 2020:
Set discovery cutoff for late October, 2020. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
8/3/20 -- At request of parties, continue hearing to September 1, 2020 at 2:00
p.m. OFF CALENDAR FOR AUGUST 4, 2020. NO APPEARANCE REQUIRED.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel Louise Carlsen Pro Se
2:00 PM
Plaintiff(s):
Tyler Fred Represented By
Candice Candice Bryner
Mark Guirguis Represented By
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez
fr. 10-15-19, 1-28-20, 5-5-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
8/3/20 - Michael Garcia, (213)637-8501 8/3/20 - Anton Richardson, (213)637-8501
Tentative Ruling for October 15, 2019:
(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
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intend to employ counsel to represent him in this matter or will he be representing himself? Hearing required.
Final Ruling for October 15, 2019:
Continue status conference to January 28, 2020 at 2:00 p.m. Parties are to file joint status report not later than January 14, 2020.
Tentative Ruling for January 28, 2020:
Once again, plaintiff has filed a unilateral status report without an accompanying declaration. Impose sanctions of $150 on counsel for plaintiff for failing to supply this declaration. Issue order to show cause 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.
2/5/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- May 5, 2020 at 2:00 p.m.
L/D to file joint status report -- April 21, 2020
L/D to lodge order appointing mediators -- February 28, 2020 L/D to complete mediation -- May 5, 2020
3/3/20 -- Court approved order appointing mediators.
Tentative Ruling for May 5, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Plaintiff's counsel seems to be confused about the meaning of question 5 on the status
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report form. The term "Claims Documents" is defined in question A(1) of the form and refers to the complaint and counterclaim and not to any proof of claim filed in the case.
Court cannot read defendant's response to question E(1) on the status report. The handwriting is too small and the quality of the photocopy is poor. What is defendant trying to say?
Court ordered parties to participate in a mediation. Court understands that the parties are not able to attend a mediation in person, but have they discussed with the mediator the prospect of conducting a virtual mediation via Zoom or some other video platform? (The mediator filed a certificate of completion, stating that a mediation did take place during the week of March 23, 2020. Plaintiff reports that the mediator spoke to each of the parties separately on the phone, but that no mediation took place.)
Plaintiff represents that it plans to bring a motion for summary judgment. Is the plaintiff in a position to do that now, or does plaintiff need to conduct some discovery first?
Hearing required.
5/6/20 -- Court approved scheduling order with following dates:
Plaintiff is to provide defendant with copies of documents on which claims are based. Parties shall file joint status report not later than July 21, 2020.
Parties shall complete a day of mediation by person or by video by August 4, 2020. Status conference continued to August 4, 2020 at 2:00 p.m.
Tentative Ruling for August 4, 2020:
Court is reluctant to impose sanctions on defendant for not participating in this adversary proceeding after he filed chapter 13 bankruptcy on June 30, 2020, as an automatic stay arose upon the filing of the new bankruptcy case. Plaintiff should obtain relief from stay in chapter 13 bankruptcy case to proceed with this adversary proceeding. (The outcome of this proceeding is still relevant in that debtor will not obtain a discharge in his chapter 13 case, having received one in this chapter 7 case.)
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Once plaintiff has obtained relief from stay, court will renew order directing defendant to participate in mediation and will impose sanctions if debtor fails to do so.
Debtor(s):
Walter Steven Nevarez Represented By Richard A Avetisyan
Defendant(s):
Walter Steven Nevarez Pro Se
Plaintiff(s):
Elizabeth K.. Beaver Recovable Represented By
Anton R E Richardson
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:20-01079 Davis v. Andrachick
Docket 11
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/31/20 - David Lally, (949)500-7409
Grant in part and deny in part. Plaintiff seeks to have the amounts that he paid with regard to four credit cards excepted from defendant's discharge under Bankruptcy Code sections 523(a)(2)(A), 523(a)(4), 523(a)(6), 523(a)(5) and 523(a)(15):
Discover Card: $2,980.62 paid January 18, 2017
Capital One Card: $4,989.65 paid on or after January 20, 2017 Nordstrom Card: $8,251.64 paid February 24, 2015
Citibank Card: $9,002.87 paid October 1, 2017
Deny motion insofar as it seeks to have any of these amounts held nondischargeable pursuant to section 523(a)(2)(A). The only fraudulent representations or false pretenses identified in the motion are debtor's representations that she would reimburse the plaintiff for amounts he put on the Capital One card and there is no evidence that debtor did not intend to
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reimburse the plaintiff at the time she made this representation. She did make some reimbursement payments and there is no evidence to show why additional reimbursements were not made.
Deny motion insofar as it seeks to have any amounts held nondischargeable pursuant to section 523(a)(4). It is true that any fiduciary duty analysis under section 523(a)(4) begins under state law, but federal law determines whether any fiduciary duty created under state law is the kind of fiduciary duty required to give rise to nondischargeable liability under section 523(a)(4). And federal law requires that there be an actual trust res.
Plaintiff cites Lovell v. Stanifer (In re Stanifer), 236 B.R. 709 (Bankr. 9th Cir. 1999) for the proposition that the fiduciary duties one spouse (or former spouse) owes to the other is sufficient to give rise to liability under section 523(a)(4), but, in that case, there was a trust res. The court in Stanifer reasoned that, under California family law, one divorcing spouse has a fiduciary duty to the other in his dealings with regard to assets of the community, which duty persists until the assets are divided by a court. The fiduciary relationship exists from the date of separation to the date of division of the community assets. Although the statute does not expressly refer to community property as the trust res, that is how the Court in Stanifer understood it: "It is implied that community property is the trust res." Therefore, one spouse had a duty to disclose to the other the proceeds that he had received from the pension that was community property before there had been a division of the pension under a divorce settlement.
The Court in Stanifer distinguished the fact pattern before it from the facts of In re Teichman, 774 F.2d 1395 (9th Cir. 1985), in which the Court found that section 523(a)(4) was inapplicable because the (former) husband was not acting in a fiduciary capacity at the time of the default. The difference between the facts of Teichman and those of Stanifer was that "there was no more community property that could be the subject of a fiduciary duty when the husband terminated the payments" because the community property had already been divided by the court pursuant to a property settlement agreement.
In our case, the dispute is over debts that one spouse incurred after
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separation, it is not about community property that one received without disclosing it to the other. There is no trust res in question here. Defendant incurred debts that plaintiff paid with his separate property. Therefore, any breach of fiduciary duty that the defendant may have committed is not the kind of breach of fiduciary duty that gives rise to nondischargeable liability under section 523(a)(4).
Deny motion insofar as it seeks to have any amounts held nondischargeable under section 523(a)(5). That section excepts from discharge debts that are "domestic support obligations," but, in section 20 of the parties' divorce judgment, both parties expressly waived the right to ever seek spousal support from one another. Defendant's obligations to the plaintiff are not in the nature of spousal support.
Deny motion under any theory to the extent that it seeks to have the amounts paid on account of the Nordstrom card excepted from the debtor's discharge. According to the complaint and the motion, the plaintiff paid these amounts in February of 2015, which, although it was after separation, was well before the divorce judgment in December of that year. In section 25 of the divorce judgment ("Waiver of Reimbursement Claims"), plaintiff expressly waived in section 25(b)(1) the right to seek reimbursement as a result of payment of community or joint obligations since the date of separation except as may be specifically provided to the contrary in the judgment. Although there are express indemnification obligations in section 22 of the judgment, these obligations relate only to a claim, action or proceeding that is brought "hereafter" -- that is, after the date of the judgment.
However, section 22 of the divorce judgment does obligate the defendant to defend and indemnify the plaintiff against having to pay the rest of the amounts sought in this action. Therefore, grant the motion insofar as it seeks to have the remaining amounts ($16,973.14) held nondischargeable under section 523(a)(15) .
In addition, in light of the manner in which the defendant obtained the Citibank card and took steps to conceal its existence from the plaintiff, grant motion insofar as it seeks to have the portion of the above amount that plaintiff paid on account of the Citibank card ($9,002.87) excepted from the
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discharge under section 523(a)(6). There is insufficient evidence in this record to render the charges paid on account of the Discover Card or the Capital One card excepted from the discharge under section 523(a)(6).
Debtor(s):
Jaime J Andrachick Represented By Jaenam J Coe
Defendant(s):
Jaime J Andrachick Pro Se
Movant(s):
Shaun Davis Represented By
David Brian Lally
Plaintiff(s):
Shaun Davis Represented By
David Brian Lally
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:20-01079 Davis v. Andrachick
Complaint by Shaun Davis against Jaime J Andrachick fr. 6-9-20
Docket 1
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
7/31/20 - David Lally, (949)500-7409
Plaintiff may want to amend complaint to correct error in paragraph 5 as to dates. Otherwise deadline for plaintiff to file motion for default judgment. Continue status conference to coincide with hearing on default judgment motion.
Tentative Ruling for August 4, 2020:
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.
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Debtor(s):
Jaime J Andrachick Represented By Jaenam J Coe
Defendant(s):
Jaime J Andrachick Pro Se
Plaintiff(s):
Shaun Davis Represented By
David Brian Lally
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
Docket 37
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
TELEPHONIC APPEARANCE APPROVED FOR:
6/30/20 -- At hearing held this date, court continued hearing on summary judgment motion to September 15, 2020 at 2:00 p.m. OFF CALENDAR FOR AUGUST 4, 2020.
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 Stella A Havkin Steven M Berman
John Burgee Represented By
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Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Robert Abramoff Represented By Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Lanius Law & Associates, P.C. Represented By Stella A Havkin Steven M Berman
Joseph Lanius Represented By Stella A Havkin Steven M Berman
Movant(s):
Carolyn A Dye (TR) Represented By Steven M Berman Stella A Havkin
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman Stella A Havkin
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
10:00 AM
Docket 46
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
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.)
(The fact that the debtor was unaware of this requirement is not relevant to this analysis. Counsel claims to have been unaware of this requirement, but the petition form itself explains this and debtor apparently committed perjury by certifying that she had taken the credit counseling prepetition but just did not have the certificate.)
Debtor(s):
April Fiege Represented By
Eric Rasmussen
Trustee(s):
10:00 AM
John P Pringle (TR) Pro Se
10:00 AM
Docket 23
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
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):
Hortencia Alvarado Represented By Douglas E Klein
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
R. Bankr. P. 2004
Docket 55
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOM APPEARANCE APPROVED FOR:
Robin Sokol, (818)827-9108
8/3/20 - Mark Slotkin, (323)701-2275 8/3/20 - Elissa Miller, (818)519-2932 8/4/20 - Hamid Rafatjoo, (310)440-4100
Grant.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
Docket 56
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOMGov Appearance approved for: 8/3/20 - Mark Slotkin, 323)701-2275 8/3/20 - Elissa Miller, (818)519-2932
8/4/20 - Hamid Rafatjoo, (310)440-4100
Grant.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
Docket 57
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOMGov Appearance approved for:
8/3/20 - Mark Slotkin, (323)701-2275 8/3/20 - Elissa Miller, (818)519-2932 8/4/20 - Hamid Rafatjoo, (310)440-4100
There is no such thing as a joinder in a motion. If Trustee wants to examine the same witness, she will need to file her own motion unless movant is willing to permit the trustee to participate in its examination.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
Docket 58
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOMGov Appearance approved for:
8/3/20 - Mark Slotkin, (323)701-2275 8/3/20 - Elissa Miller, (818)519-2932 8/4/20 - Hamid Rafatjoo, (310)440-4100
There is no such thing as a joinder in a motion. If Trustee wants to examine the same witness, she will need to file her own motion unless movant is willing to permit the trustee to participate in its examination.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
Docket 60
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOMGov Appearance approved for:
8/3/20 - Mark Slotkin, (323)701-2275 8/3/20 - Elissa Miller, (818)519-2932 8/4/20 - Hamid Rafatjoo, (310)440-4100
There is no such thing as a joinder in a motion. If Trustee wants to examine the same witness, she will need to file her own motion unless movant is willing to permit the trustee to participate in its examination.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
Docket 61
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOMGov Appearance approved for:
8/3/20 - Mark Slotkin, (323)701-2275 8/3/20 - Elissa Miller, (818)519-2932 8/4/20 - Hamid Rafatjoo, (310)440-4100
There is no such thing as a joinder in a motion. If Trustee wants to examine the same witness, she will need to file her own motion unless movant is willing to permit the trustee to participate in its examination.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
Docket 50
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOM APPEARANCE APPROVED FOR:
7/22/20 - Renee Fahrendholz, (951)684-5608 7/28/20 - Kenneth G. Lau (818) 794-7430
8/3/20 - Wesley Avery, (661)618-7376 8/3/20 - Brian Parsons, (626)340-8050 8/4/20 - Eryk Escobar, (202)934-4168 8/4/20 - Noreen Madoyan, (202)934-4064 8/4/20 - Stephen Chan, (310)990-2289
8/4/20 - Kitty Hou, (310)990-2289
8/4/20 - Anthony Chan, (310)990-2289 8/4/20 - Patrick Sharples, (310)990-2289
Overrule debtor's objection. There is no risk of inconsistent rulings. There is, however, a risk that debtor's appeal will be rendered moot. If debtor has not obtained a stay pending appeal, court will not behave as if it has. Court has
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already heard debtor's speculative plans about how a reorganization might be accomplished here and has already found them too speculative.
Trustee's proposed sale is for $500,000 more than the value listed for the property in the debtor's schedules. Debtor claimed that here wouldn't be enough equity for unsecured creditors. The proposed sale will generate enough to pay unsecured creditors in full and is in the best interest of creditors and the estate.
Grant motion. Approve overbid procedures. Approve sale to highest bidder.
Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
Movant(s):
John J Menchaca (TR) Represented By Wesley H Avery
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
10:00 AM
Docket 563
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
10:00 AM
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
7/27/20 - Sharon Z. Weiss (310) 576-2276
7/27/20 - Simren Gill (310) 576-2142
7/27/20 - Cindy Kaneko (310) 576-2121
7/27/20 - Suzy Ginosyan (310) 576-2152 7/28/20 - Kenneth G. Lau (818) 794-7430 8/3/20 - Rafael Monkarsh, (805)807-9787 8/3/20 - Elissa Miller, (818)519-2932 8/4/20 - Noreen Madoyan, (202)934-4064 8/4/20 - Eryk Escobar, (202)934-4168 8/4/20 - Judith Williams, (818)343-9230 8/4/20 - Giovanni Orantes, (213)389-4362
A chapter 7 trustee has no duty to meet and confer before insisting that the debtor comply with his obligation to turn over books and records to the trustee. This is the way it works in a chapter 7 case. The case was
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converted to chapter 7 on May 4, 2020. The debtor needs to give the trustee the records and documents that he needs to perform his job. None of the documents requested by the trustee are inappropriate, privileged or confidential.
Court will issue an order requiring debtor to turnover the records requested by the trustee. If the debtor fails to comply, the trustee can bring a motion seeking to have the debtor held in contempt and the court, if necessary, will issue an order holding the debtor in civil contempt and directing that he be incarcerated until he makes arrangements to comply. This is neither the time nor the place for the debtor to play games.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Movant(s):
John J Menchaca (TR) Represented By Elissa Miller
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
10:00 AM
Docket 586
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
(when prompted, enter meeting number and password shown above)
10:00 AM
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
7/27/20 - James F. Lewin (858) 722-2203
7/27/20 - Sharon Z. Weiss (310) 576-2276
7/27/20 - Simren Gill (310) 576-2142
7/27/20 - Cindy Kaneko (310) 576-2121
7/27/20 - Suzy Ginosyan (310) 576-2152 7/28/20 - Kenneth G. Lau, (213) 894-4480
8/3/20 - Rafael Monkarsh, (805)807-9787 8/3/20 - Elissa Miller, (818)519-2932 8/4/20 - Noreen Madoyan, (202)934-4064
8/4/20 - Eryk Escobar, (202)934-4168
8/4/20 - Judith Williams, (818)343-9230 8/4/20 - Giovanni Orantes, (213)389-4362
In evaluating a request for a stay pending appeal, court should consider 4
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factors: (1) whether the appellant is likely to succeed on the merits of his appeal; (2) whether applicant will be irreparably injured absent a stay; (3) whether issuance of stay would substantially injure other parties; and (4) whether the public interest favors the issuance of a stay.
Debtor has not established a significant likelihood of success on the merits of his appeal. Debtor had more than 2 years to propose a plan of reorganization and failed to comply with this court's order requiring the filing of a plan (or even a status report) by a date set for this purpose. The standard of review will be abuse of discretion and it is not an abuse of discretion for the Court to decide that, after two years and four attorneys, debtor had had an adequate opportunity to attempt to confirm a plan and that there was continuing diminution of the estate as the debtor collected and spent rents that could have been used to make payments to creditors. Moreover, debtor's arguments concerning his eligibility to be a subchapter V debtor were not made in good faith. Debtor cannot establish that he is within the debt limits necessary to be eligible to be a subchapter V debtor or that he will be able to propose a feasible plan.
With regard to the debtor's contention that he will suffer irreparable injury, what would that injury be? That he will lose the opportunity to continue delaying the inevitable? That he will not be able to continue collecting and pocketing the net rents generated by the properties?
Would issuance of the stay prejudice other parties? Yes. Definitely. What is the debtor really asking? That the case remain in a holding pattern and that no one be permitted to exercise any of their rights until the debtor's appeal has been adjudicated? Would lenders be precluded from seeking relief from the automatic stay? Would the trustee be precluded from collecting the rents? Would the trustee be precluded from obtaining the records and documents necessary to assess the value of the property? Court will not return the debtor to possession pending the outcome of the appeal. Court has already determined that the debtor cannot be relied upon to administer the estate as a fiduciary for the benefit of creditors and the estate.
Court does not share the debtor's view that the public interest weighs in favor of the requested relief. The public interest would not be served by permitting
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this debtor to continue administering this estate. Debtor has not demonstrated any willingness to administer the assets of the estate in a manner that serves the interests of creditors or the estate. Debtor has consistently demonstrated that his only priority is the protection of his own interest. Debtor had his opportunity to administer the estate in the best interest of creditors and failed to do so.
Deny motion for stay pending appeal.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
10:00 AM
fr. 6-24-20
Docket 16
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
10:00 AM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
7/28/20 - Kenneth G. Lau (818) 794-7430 8/4/20 - Noreen Madoyan, (202)934-4064
8/4/20 - Eryk Escobar, (202)934-4168 8/4/20 - Gregory Jones, (310)429-9581 8/4/20 - Robert Goe, (949)798-2460
8/4/20 - Charity Manee, (949)798-2460
Tentative Ruling for June 24, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS
10:00 AM
TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Provided service is adequate, 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 or a clear statement that the debtor does not intend to make a deposit and nevertheless believes that the utility has adequate assurance. Notice should be accompanied by payment of the actual deposits themselves. Debtor cannot simply deposit this amount into an account that it retains. 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 June 24, 2020:
See this Court's June 25, 2020 order. Court set final hearing for August 5, 2020 at 10:00 a.m.
Tentative Ruling for August 5, 2020:
Debtor has not filed any papers concerning any unresolved objections by utilities to its proposed adequate assurance. It therefore appears that there are no disputes remaining to be resolved. If this is accurate, take hearing off calendar as unnecessary.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe
10:00 AM
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
10:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOM APPEARANCE APPROVED FOR:
7/28/20 - Kenneth G. Lau (818) 794-7430 8/4/20 - Noreen Madoyan, (202)934-4064 8/4/20 - Eryk Escobar, (202)934-4168 8/4/20 - Gregory Jones, (310)429-9581 8/4/20 - Robert Goe, (949)798-2460
8/4/20 - Charity Manee, (949)798-2460
Set new bar date and deadline for serving notice of bar date for omitted creditors. Is the Bulletproof Cafe currently open and operating? Are either of the Upgrade Labs locations open and operating? Hearing required.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe
Trustee(s):
Gregory Kent Jones (TR) Pro Se
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
fr. 12-18-19, 3-18-20, 6-3-20
Docket 174
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
11:00 AM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
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:
11:00 AM
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.
Tentative Ruling for March 18, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 26, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed the reorganized debtor's status report. Continue status conferences to August 5, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than July 25, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for August 5, 2020:
Court has reviewed the reorganized debtor's status report. Continue status conferences to October 7, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than September 25, 2020. APPEARANCES WAIVED ON AUGUST 5, 2020.
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, 7-18-18, 3-20-19, 12-18-19, 3-18-20, 6-3-20
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
11:00 AM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
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:
L/D to file plan and disclosure statement -- December 15, 2014
11:00 AM
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.
11:00 AM
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.
Tentative Ruling for March 18, 2020:
Court has reviewed the reorganized debtor's case status report. Continue
11:00 AM
status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 26, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for June 3, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed the reorganized debtor's status report. Continue status conferences to August 5, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than July 25, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for August 5, 2020:
Court has reviewed the reorganized debtor's status report. Continue status conferences to October 7, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than September 25, 2020. APPEARANCES WAIVED ON AUGUST 5, 2020.
Debtor(s):
Tower General Contractors Represented By
11:00 AM
Movant(s):
Jeffrey S Shinbrot
Tower General Contractors Represented By Jeffrey S Shinbrot
11:00 AM
fr. 3-18-20, 6-10-20
Docket 1337
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
11:00 AM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
PARTIES ARE ENCOURAGED TO MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Discuss with parties how to proceed at this juncture in light of partial reversal and remand from district court. Explore whether trustee would like to submit new papers or have court revisit compensation based on existing record.
Hearing required.
4/23/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 3, 2020
L/D for Clifton Capital to file response -- July 15, 2020 L/D for trustee to file reply -- July 29, 2020
Cont'd hearing -- August 5, 2020 at 11:00
5/27/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 17, 2020
L/D for Clifton Capital to file response -- August 5, 2020 L/D for trustee to file reply -- August 19, 2020
Cont'd hearing -- August 26, 2020 at 11:00
OFF CALENDAR FOR AUGUST 5, 2020.
11:00 AM
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 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, 8-7-19, 9-11-19, 12-11-19, 1-8-20, 1-9-20, 3-18-20,
5-6-20
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
11:00 AM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
7/28/20 - Kenneth G. Lau (818) 794-7430 8/4/20 - Noreen Madoyan, (202)934-4064
8/4/20 - Eryk Escobar, (202)934-4168
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.
11:00 AM
6/7/16 -- Court approved order setting following dates:
Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016?
7/20/16 -- At hearing held this date, Court heard status conference, as all parties were present and continued status conference to July 27, 2016 at 10:00 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,
11:00 AM
2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by the trustee of any possible substantive consolidation issues. Has the trustee commenced or concluded such an analysis? Does the trustee have a sense 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.
11:00 AM
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 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.
Tentative Ruling for January 9, 2020:
What, if anything, has transpired since the last status report? Did a foreclosure sale occur on December 12? If so, what happened at the sale? Hearing required.
11:00 AM
Tentative Ruling for March 18, 2020:
Did the foreclosure proceed on March 16? If not, why not? How will the closure of restaurants in Los Angeles impact the trustee's ability to perform under the confirmed plan? Hearing required.
Final Ruling for March 18, 2020:
Parties have entered into a second amended forebearance agreement, postponing foreclosure to April 15, 2020 in exchange for an additional payment of $12,500. Continue status conference to May 6, 2020 at 11:00
a.m. Plan trustee should file updated status report addressing plan compliance issues not later than April 24, 2020.
Tentative Ruling for May 6, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Court has reviewed trustee's status report. Continue case status conference to August 5, 2020 at 11:00 a.m. Plan trustee should file updated status report not later than July 24, 2020. APPEARANCES WAIVED ON MAY 6, 2020.
Tentative Ruling for August 5, 2020:
Court has reviewed the plan trustee's status report. Continue status conferences to October 21, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than October 9, 2020. APPEARANCES WAIVED ON AUGUST 5, 2020.
11:00 AM
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 Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
11:00 AM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
7/28/20 - Kenneth G. Lau (818) 794-7430 8/4/20 - Noreen Madoyan, (202)934-4064 8/4/20 - Eryk Escobar, (202)934-4168
8/4/20 - Joseph Dunn, (858)314-1500
8/4/20 - William Coffee, (949)757-1600
Tentative Ruling for April 29, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set deadline for service of notice of bar date and bar date. Continue case status conference approximately 90 to 120 days. Set deadline for filing updated status
11:00 AM
report.
4/29/20 -- Court approved scheduling order setting following dates:
L/D to mail notice of bar date -- May 15, 2020 Bar date -- July 10, 2020
Cont'd status conference -- August 5, 2020 at 11:00 L/D to file updated status report -- July 24, 2020
Tentative Ruling for August 5, 2020:
Were the proofs of claim filed in line with the debtor's expectations or did anything surprising get filed? What does the debtor anticipate that its plan will look like?
Hearing required.
Debtor(s):
Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot
2:00 PM
Docket 234
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
2:00 PM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
7/28/20 - Kenneth G. Lau (818) 794-7430 7/30/20 - Lovee Sarenas (213)599-7884 8/3/20 - Randall Mroczynski, (714)431-1026 8/3/20 - Najah shariff, (213)894-2534
8/4/20 - Eryk Escobar, (202)934-4168 8/4/20 - Noreen Madoyan, (202)934-4064
8/4/20 - Ron Bender, (310)229-1234
Tentative Ruling for July 15, 2020:
2:00 PM
Final Ruling for July 15, 2020:
Continue hearing to August 5, 2020 at 2:00 p.m. Debtor shall file and serve amended plan and disclosure statement not later than July 17, 2020. Objections must be filed and served by July 28, 2020. Replies will be due by July 31, 2020.
Tentative Ruling for August 5, 2020:
In addition to objections raised by the IRS and Acar, which appear to be well-taken (and additional revisions requested by Trustee that have not been communicated to the Court), Court has several concerns with regard to the form of the plan that will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
2:00 PM
2:00 PM
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
2:00 PM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
7/28/20 - Kenneth G. Lau (818) 794-7430 7/30/20 - Lovee Sarenas (213)599-7884 8/3/20 - Randall Mroczynski, (714)431-1026
8/3/20 - Najah shariff, (213)894-2534 8/4/20 - Eryk Escobar, (202)934-4168 8/4/20 - Noreen Madoyan, (202)934-4064 8/4/20 - Ron Bender, (310)229-1234
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:
2:00 PM
Continue case status conference approximately 90 days. Court will set deadline for filing plan at continued status conference.
Final Ruling for October 2, 2019:
Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file and serve updated status report not later than January 3, 2020.
Tentative Ruling for January 15, 2020:
Status report was filed belatedly on January 12, 2020. Has debtor filed the valuation motions referenced in the status report? When/how does the debtor anticipate resolving the issues concerning Gentle Care Transport, Inc.
Hearing required.
Tentative Ruling for April 15, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Where is the status report that the Court directed the debtor to file by April 3, 2020?
Revisit status of case after conclusion of hearing on U.S. Trustee's motion to dismiss or convert.
Tentative Ruling for June 17, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT
2:00 PM
866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY PRIOR TO THE HEARING CONTAINING THE INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.
Set continued status conference for approximately 90 days. Order trustee to file updated status report prior to continued status conference.
Tentative Ruling for July 15, 2020:
Tentative Ruling for August 5, 2020:
Continue case status conference to August 5, 2020 at 2:00 pm to be heard concurrently with continued hearing on disclosure statement.
Tentative Ruling for August 5, 2020:
Continue case status conference to date of continued hearing on disclosure statement.
2:00 PM
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
2:00 PM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
Docket 51
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
7666
2:00 PM
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures." ZOOMGov Appearance Approved for: 8/4/20 - Steve Berman, (813)227-2332
84/20 - Stella Havkin, (818)999-1568
Hearing required.
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 Stella A Havkin Steven M Berman
John Burgee Represented By
Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Robert Abramoff Represented By
2:00 PM
Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Lanius Law & Associates, P.C. Represented By Stella A Havkin Steven M Berman
Joseph Lanius Represented By Stella A Havkin Steven M Berman
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman Stella A Havkin
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
10:00 AM
MOVANT: US BANK, N A
Docket 38
- NONE LISTED -
7/27/20 -- Court approved stipulation continuing hearing to October 20, 2020 at 10:00 a.m. OFF CALENDAR FOR AUGUST 11, 2020.
Debtor(s):
Kyle Henry Walkenhorst Represented By Michael E Clark
Movant(s):
U.S. Bank National Association Represented By Sean C Ferry Byron B Mauss
Trustee(s):
Carolyn A Dye (TR) Represented By Rosendo Gonzalez
2:00 PM
Adv#: 2:19-01485 Vons Credit Union, a Federal Credit Union v. Martinez
fr. 1-14-20, 4-14-20
Docket 1
- NONE LISTED -
Where is declaration that should have accompanied filing of unilateral status report? Hearing required.
2/21/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- April 14, 2020 at 2:00 p.m.
L/D to file joint status report -- March 31, 2020
L/D to lodge order appointing mediators -- January 31, 2020 L/D to complete mediation -- April 14, 2020.
2/26/20 -- Court approved order appointing mediators.
Tentative Ruling for April 14, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Parties both report that they do not need any discovery to be ready for trial. Court set a deadline for the completion of mediation, but it appears that mediation has not occurred, which is not surprising under the circumstances. Set a pretrial conference in three to four months and extend deadline for
2:00 PM
completion of mediation until date of pretrial conference.
5/14/20 -- Court signed scheduling order setting following dates:
Pretrial conference -- August 11, 2020 at 2:00 p.m. L/D to lodge joint pretrial order -- July 28, 2020
L/D to file pretrial motions -- July 2, 2020 L/D to conduct discovery -- June 30, 2020 L/D to complete mediation -- July 21, 2020
OFF CALENDAR. JUDGMENT ENTERED.
Debtor(s):
Veronica Martinez Represented By Marjorie S Archer
Defendant(s):
Veronica Martinez Represented By
Andrew Edward Smyth
Plaintiff(s):
Vons Credit Union, a Federal Credit Represented By
Leon D Bayer Marcus G Tiggs
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:20-01054 Transportation Alliance Bank, Inc. v. Donohue
#201.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) Complaint by Transportation Alliance Bank, Inc. against Jeffrey Donohue
fr. 5-12-20
Docket 1
This hearing will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1611086067
ZoomGov meeting number: 161 108 6067
Password: 012246
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
2:00 PM
under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for:
5/17/20 -- Court approved scheduling order with following dates: Cont'd status conference -- August 11, 2020 at 2:00 p.m.
L/D to file joint status report -- July 28, 2020 L/D to complete discovery -- August 14, 2020
Tentative Ruling for August 11, 2020:
Set deadline for filing pretrial motions and date for pretrial conference.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Plaintiff(s):
Transportation Alliance Bank, Inc. Represented By
Matthew J Olson
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:20-01048 Dye v. Chen et al
Docket 33
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
2:00 PM
under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for:
8/3/20 - James Dumas, (213)368-5000
8/10/20 - Felix Woo, (213)335-3960
Grant with leave to amend. Under Cal. Civ. Code section 3439.04, a transfer made by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made, if the debtor made the transfer with the actual intent to hinder, delay or defraud "any creditor." The transfer need not have been made with the intent to defraud the creditor who is bringing the lawsuit, or it could never be avoided by a creditor whose claim arose later.
Section 3439.09(a) requires a claimant to bring the action not later than four years after the transfer was made or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant. The trustee is relying on creditors whose claims arose within one year prior to the bankruptcy and points to Sallyport as being one such creditor. The defendant does not appear to dispute that Sallyport's claim arose within the year prior to bankruptcy, but argues that Sallyport is a secured creditor.
Section 544(b)(2) lets the trustee avoid any transfer that is voidable under applicable law by a creditor holding an allowed unsecured claim. Contrary to the assumptions made in the reply, the trustee is arguing that Sallyport could not reasonably have discovered the transfer before Sallyport became a creditor, not that the trustee could not reasonably have discovered the transfer before she became the trustee.
Defendant argues that this creates an open ended statute of limitations that would premit creditors to bring fraudulent transfer actions indefinitely. This is not accurate. Under Cal. Civ. Code section 3439.09(c) (the statute of repose), notwithstanding any other provision, no one can bring a fraudulent
2:00 PM
transfer action more than 7 years after the transfer was made, regardless of when the creditor could or should have discovered the existence of the transfer.
However, the complaint does not provide sufficient facts upon which the Court can conclude that Sallyport holds an unsecured claim. What was its collateral? How much was Sallyport owed? What is the collateral worth?
Grant the Trustee leave to file a further amended complaint that provides such details.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
Michael Jay Berger
Movant(s):
Bin Wang Represented By
Michael Jay Berger
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
2:00 PM
Adv#: 2:20-01048 Dye v. Chen et al
fr. 5-5-20, 6-2-20, 8-4-20
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
2:00 PM
under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for:
8/3/20 - James Dumas, (213)368-5000
8/10/20 - Felix Woo, (213)335-3960
4/3/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to April 17, 2020.
4/7/10 -- Court approved stipulation continuing deadline for defendant Chen to respond to complaint to May 1, 2020.
4/17/20 -- Court approved stipulation continuing deadline for defendant Wang to respond to complaint to May 1, 2020.
Tentative Ruling for May 5, 2020:
Continue status conference to June 2, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss filed by defendant Bin Wang. APPEARANCES WAIVED ON MAY 5, 2020.
Tentative Ruling for June 2, 2020:
See tentative ruling for matter no. 204. Continue status conference to August 4, 2020 at 2:00 p.m. Parties should file joint status report not later than two weeks prior to continued status conference. APPEARANCES WAIVED ON JUNE 2, 2020.
6/4/20 -- Court approved order granting motion to dismiss with leave to amend and setting following dates:
L/D for plaintiff to file amended complaint -- June 23, 2020
L/D for defendants to respond to amended complaint -- July 14, 2020 L/D to file updated status report -- July 21, 2020
Cont'd status conference -- August 4, 2020 at 2:00 pm.
2:00 PM
Tentative Ruling for August 4, 2020:
Continue hearing to August 11, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss. APPEARANCES WAIVED ON AUGUST 4, 2020.
Tentative Ruling for August 11, 2020:
Revisit status of action after conclusion of hearing on related matter on calendar.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
Michael Jay Berger
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
10:00 AM
Docket 11
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
10:00 AM
ZOOMGOV Appearance Approved for:
Debtors have now filed certificates of credit counseling, but certificates reflect that counseling occurred post-petition, and debtors have not requested or obtained an exemption from prepetition credit counseling requirement. As debtors did not complete credit counseling within the 180 days before the commencement of the bankruptcy case, debtors are not eligible to be debtors in this bankruptcy case.
Dismiss case. (Nothing precludes these debtors from refiling, but new filing would be debtors' second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtors move for and obtain an extension.)
Debtor(s):
Arturo Vasquez Represented By
Edmond Richard McGuire
Joint Debtor(s):
Theresa Rivas Represented By
Edmond Richard McGuire
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 38
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
ZOOMGOV Appearance Approved for:
10:00 AM
This bankruptcy was filed on January 12, 2020. Pursuant to section 522(b)(3) (A), the debtors need to have had their domicile in California for two years prior to the filing in order to be able to assert a California homestead exemption in the property. If the debtors have changed their domicile during this two-year period, the debtors need to have resided in California for 180 days immediately prior to this two-year period or at least for the better part of this 180-day period.
Movant contends that (and the debtors agree that) the debtors moved from Hawaii to California on July 24, 2018, which means that they was not living in California for the two years prior to filing this bankruptcy, but the debtors contend that his domicile was always California. According to the debtor, he grew up in this house in Monterrey, and, upon getting married, lived their with his mother. In 2008, they claim to have only left temporarily (for a period of 10 years) in an attempt to start a business in Hawaii. Nevertheless, debtors contend they never ceased to view California as their domicile: they returned to the property in Monterey Park several times a year and never rented the property to anyone else; they always maintained possessions at the house, always paid for the utilities and always had the utilities in their name; they filed California state tax returns; and they continued to receive mail at the property. On these facts, the court cannot summarily adjudicate that the debtors were not domiciled within California during the relevant period. Court will need to conduct an evidentiary hearing to resolve this issue.
The movant also claims that, under California law, a debtor cannot claim a homestead exemption in property that was fraudulently transferred to him and that the claim of the creditor will defeat that of the transferee. However, the debtor already owned a one-third interest in the property even before the transfer and that interest may be worth enough all by itself to satisfy a
$75,000 homestead exemption. (Actually, he had a one-third interest in the trust and the trust owned the property until it was transferred to the debtor.) The Court cannot summarily adjudicate that either the transfer of his brother's interest in the trust to him or the transfer of the property from the trust to the
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debtor was a fraudulent transfer. The court would need an evidentiary hearing for this as well. (And the court agrees with movant that this court may make such a determination for the purpose of adjudicating the validity of the debtor's homestead exemption; it does not need to wait for the state court to do so.)
Do the parties need an opportunity to conduct discovery? (Discuss relevant factors with parties.) Hearing required.
Debtor(s):
Jonas Chang Represented By
Chris T Nguyen
Joint Debtor(s):
Christy Chang Represented By Chris T Nguyen
Movant(s):
Jonamerica, LLC Represented By David B Shemano
Trustee(s):
Carolyn A Dye (TR) Represented By Alan I Nahmias
10:00 AM
Docket 44
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
ZOOMGOV Appearance Approved for:
10:00 AM
Overrule objection. Approve application. This is just an application to employ a broker. Granting the application does not mean that any particular sale has been or will be approved. Nothing contained in this motion seeks to impinge on any of the rights that SureTec seeks to preserve, and any language to this effect in the order would be unnecessary and, frankly, confusing.
Debtor(s):
Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot
10:00 AM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
Docket 51
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
10:00 AM
under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for: 8/11/20 - Michael Wilk, (213)680-5065
Have the parties succeeded in identifying mutually convenient dates for the examinations? If so, discuss with the parties what other dates need to be continued in light of the deposition schedule.
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 Stella A Havkin Steven M Berman
John Burgee Represented By
Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Robert Abramoff Represented By Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
10:00 AM
Lanius Law & Associates, P.C. Represented By Stella A Havkin Steven M Berman
Joseph Lanius Represented By Stella A Havkin Steven M Berman
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman Stella A Havkin
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
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, 11-20-19, 1-15-20,
3-11-20, 5-6-20
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's
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website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for: 8/7/20 - Giovanni Orantes, (213)389-4362
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:
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?
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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 October payments to unsecured creditors? Is debtor now current on payments under the plan?
Tentative Ruling for April 9, 2019:
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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.
Tentative Ruling for January 15, 2020:
According to the reorganized debtor's status report, the replacement loan will fund on January 12 and reorganized debtor will be able to pay off all amounts due unsecured creditors under her plan and cure any delinquencies on her
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secured claims. Has this occurred? Hearing required.
Tentative Ruling for March 11, 2020:
Debtor has now obtained financing and cured arrearages under plan. Continue case status conference to May 6, 2020 at 11:00 a.m. to give debtor an opportunity to move for and obtain final decree. APPEARANCES WAIVED ON MARCH 11, 2020.
Tentative Ruling for May 6, 2020:
Discuss with counsel debtor's game plan for dealing with various plan delinquencies and problems.
Final Ruling for May 6, 2020:
Continue status conference to August 12, 2020 at 11:00 a.m. Reorganized debtor should file updated status report by July 31, 2020.
Tentative Ruling for August 12, 2020:
Continue status conference to November 18, 2020 at 11:00 a.m. Reorganized debtor should file updated status report by November 6, 2020. APPEARANCES WAIVED ON AUGUST 12, 2020.
Debtor(s):
Ida Mae Woods Represented By Giovanni Orantes Luis A Solorzano
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fr. 9-12-19, 9-26-19;12-3-19;12-4-19, 12-18-19, 4-1-20, 7-1-20, 7-7-20
Docket 135
4/6/20 - Notice to pay court costs in the amount of $700.00 sent to Crystle Lindsey, Attorney for Debtors.
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
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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.
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.
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Tentative Ruling for December 18, 2019:
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for July 7, 2020:
Revisit this matter after conclusion of related matters on calendar.
OFF CALENDAR. CASE HAS BEEN DISMISSED.
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, 12-3-19, 12-4-19,
12-18-19, 4-1-20, 7-1-20, 7-7-20
Docket 1
4/6/20 - Notice to pay court costs in the amount of $700.00 sent to Crystle Lindsey, Attorney for Debtors.
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.
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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.
Tentative Ruling for December 18, 2019:
Does the debtor have anything new to report since the hearings held December 4, 2019?
Tentative Ruling for April 1, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for July 1, 2020:
Revisit this matter after conclusion of related matters on calendar.
Tentative Ruling for July 7, 2020:
At hearings held July 1, 2020, Court denied debtor's financing motion and granted Wells Fargo relief from the automatic stay (without waiver of Rule 4001(a)(3)) to exercise setoff rights with regard to PPP loan proceeds. (Court granted motion for authority to use cash collateral as to funds other than PPP loan proceeds.) Court continued hearing to give debtor an opportunity to consider its options, which could include, for example, dismissal of its bankruptcy case to make it eligible for a PPP
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loan or bringing an action for declaratory relief that it is improper of SBA to deny PPP loans to debtors in bankruptcy.
Has debtor had an opportunity to consider how it would like to proceed?
OFF CALENDAR. CASE HAS BEEN DISMISSED.
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
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Authorizing Debtor to Omit Certain Potential Creditors from Debtor's Mailing Matrix
Authorizing Debtor to Provide Notices to Certain Potential Creditors by Email or Other Appropriate Means
Extending the Claims Bar Date by Thirty Days for Certain Potential Creditors;
Permitting Debtor to Withhold its Customer Lists and Information Contained Therein as Proprietary Information
[OST]
Docket 73
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
11:00 AM
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
ZOOMGOV Appearance Approved for: 8/5/20 - Robert Goe, (949)798-2460 8/5/20 - Charity Manee, (949)798-2460 8/11/20 - Gregory Jones, (310)429-9581
Grant in part. Court has no objection to setting a supplemental bar date for omitted creditors or from permitting the debtor to serve creditors for whom it only has email addresses by email. With regard to request for maintaining its customer lists as confidential and proprietary trade secrets, discuss with debtor how such materials might be filed under seal. Court will authorize limited notices that omit prepaid customers for some purposes, but court will not simply assume that these parties are not entitled to be treated as creditors. They more closely resemble creditors with disputed claims than noncreditors. Discuss with debtor which types of notices must be served on these parties.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
11:00 AM
Trustee(s):
Gregory Kent Jones (TR) Pro Se
11:00 AM
fr. 8-5-20
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
11:00 AM
under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for:
8/5/20 - Robert Goe, (949)798-2460 8/5/20 - Charity Manee, (949)798-2460
8/11/20 - Gregory Jones, (310)429-9581
Does debtor anticipate that the plan will be confirmed consensually or nonconsensually? Discuss with debtor how to handle different plan provisions in light of the response to this question and term of plan.
Hearing required.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:00 PM
Docket 30
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Ricardo M. Remias Represented By
Jennifer Ann Aragon - SUSPENDED -
Joint Debtor(s):
Magdalena A. Remias Represented By
Jennifer Ann Aragon - SUSPENDED -
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 49
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Raul Mario Torres Represented By Stephen K Moran
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 29
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Gilberto Lopez Represented By Jaime A Cuevas Jr.
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Docket 67
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Benjamin Avila Represented By Francis Guilardi
Joint Debtor(s):
Norma Alicia Avila Represented By Francis Guilardi Ramin R Younessi
Trustee(s):
Edward M Wolkowitz (TR) Represented By Jeffrey L Sumpter
2:00 PM
Docket 30
- NONE LISTED -
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Vitra Optika, LLC Represented By Michael E Plotkin
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
[Fees requested: $21160.00, Expenses: $0.00]
Docket 554
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
2:00 PM
ZOOMGOV Appearance Approved for: 8/7/20 - Giovanni Orantes, (213)389-4362 8/7/20 - Eric Bansamochan, (818)574-5740
Reduce fees requested by $80 for charge on October 2, 2019 for uploading order that appears to be secretarial in nature. Allow balance of amounts sought on a final basis as chapter 11 expense of administration.
Court will not treat debtor as judicially estopped to object to the fees in question. The court treated the prior application as an interim application and objections to fee applications are always reserved to the time of a final fee application -- one need not object to an interim application in order to be able to object to a final application. If debtor had signed a declaration stating that he had no objections to the fees incurred, that would be a different situation, but he did not do that.
Nevertheless, the objection should be overruled. As the reply brief points out, sometimes cases do not turn out as counsel might have hoped. The eventual outcome is not the standard. The question is whether the fees were actually and necessarily incurred at the time the services were rendered, not whether they proved beneficial with 20-20 hindsight. The court has reviewed the statements attached to the fee application, and all of the services described are services that it was appropriate for debtor's attorney to be performing at that time and the amounts billed for these services is reasonable. (Court notes that a significant chunk of time was spent prosecuting objections to prior fee applications.)
Although the debtor appears to be fond of claiming that the only reason his case was converted to chapter 7 was due to his counsel's failure to communicate to him the applicable deadlines, this is not the case. There were numerous problems that the court has repeatedly outlined. Only one of
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these problems was the debtor's failure to file EITHER a plan of reorganization or a status report by January 8, 2020 and it is clear from the correspondence that has been attached as exhibits that applicant discussed this issue with the debtor and that the debtor was well aware of the fact that there was a deadline to file one of these documents by that date. (Again, any misunderstanding on the part of anyone concerning the fact that the court really did want a plan rather than a status report is irrelevant and was not the basis of the court's ruling. The debtor filed NEITHER a plan nor a status report by the January 8 deadline.)
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
2:00 PM
Docket 114
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
2:00 PM
ZOOMGOV Appearance Approved for: 8/11/20 - Michael Berger, (310)271-6223 x 450
Grant application. Allow on interim basis fees of $26,180.50 and costs of $515.09. 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):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
[Fees requested: $4,725.00, Expenses: $160.00]
Docket 116
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
2:00 PM
ZOOMGOV Appearance Approved for: 8/11/20 - Michael Berger, (310)271-6223 x 450
Grant application. Allow on interim basis fees of $4,725 and costs of $160. 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 164
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
ZOOMGOV Appearance Approved for:
2:00 PM
8/11/20 - Kenneth Lau, (818)794-7430
Section 523(a)(6) only applies to individual debtors. There is no exception to a discharge for a debt arising from willful and malicious injury in a corporate case. The debtor here is an LLC. Moreover, claimant's claim has been disallowed -- there is no claim to be declared nondischargeable. And the order disallowing the claim has become final. Overrule objection.
Impaired classes 1, 2 and 4 all voted in favor of confirmation by 100 percent in number and 100 percent in dollar amount. Class 3 is not impaired. Class 5 is the equity interests. Court agrees that debtor has satisfied all applicable confirmation standards. Confirm plan.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
2:00 PM
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
8/11/20 - Kenneth Lau, (818)794-7430 For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
2:00 PM
under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for: 8/11/20 - Kenneth Lau, (818)794-7430
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.
Final Ruling for December 11, 2019:
Continue case status conference to March 18, 2020 at 2:00 p.m. Disclosure statement may be heard at same date and time if filed not less than 42 days prior to this date. Debtor should file and serve updated status report by March 6, 2020. (Court later moved hearing to March 26, 2020 at 10:00 a.m.)
Tentative Ruling for March 26, 2020:
PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY CONTACTING COURT CALL AT 866-582-6878 OR ONLINE.
Continue case status conference to be heard concurrently with hearing on disclosure statement scheduled for April 29, 2020 at 2:00 p.m. Debtors need not file updated status report. APPEARANCES WAIVED ON MARCH 26, 2020.
Tentative Ruling for April 29, 2020:
2:00 PM
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for June 17, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for August 12, 2020:
If court confirms plan, schedule post-confirmation status conference and set deadline for reorganized debtor to file status report.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
2:00 PM
[OST]
Docket 179
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
2:00 PM
under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for: 8/11/20 - Kenneth Lau, (818)794-7430
Grant motion. Approve loan.
Debtor(s):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
3:00 PM
Docket 234
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
3:00 PM
ZOOMgov Appearance Approved for:
8/7/20 - Lovee Sarenas, (213)599-7884 8/10/20 - David Gottlieb, (818)539-7720 8/10/20 - Ron Bender, (310)229-1234
Tentative Ruling for July 15, 2020:
Final Ruling for July 15, 2020:
Continue hearing to August 5, 2020 at 2:00 p.m. Debtor shall file and serve amended plan and disclosure statement not later than July 17, 2020. Objections must be filed and served by July 28, 2020. Replies will be due by July 31, 2020.
Tentative Ruling for August 5, 2020:
In addition to objections raised by the IRS and Acar, which appear to be well-taken (and additional revisions requested by Trustee that have not been communicated to the Court), Court has several concerns with regard to the form of the plan that will be discussed on the record at the time of hearing on the disclosure statement.
3:00 PM
Tentative Ruling for August 12, 2020:
Have all objections been resolved by the latest version of the plan and disclosure statement? If so, approve disclosure statement, subject to a small number of changes that will be discussed on the record at the time of hearing on the disclosure statement and set schedule for confirmation.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
3:00 PM
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
3:00 PM
ZOOMgov Appearance Approved for:
8/7/20 - Lovee Sarenas, (213)599-7884 8/10/20 - David Gottlieb, (818)539-7720
8/10/20 - Ron Bender, (310)229-1234
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.
Final Ruling for October 2, 2019:
Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file and serve updated status report not later than January 3, 2020.
Tentative Ruling for January 15, 2020:
Status report was filed belatedly on January 12, 2020. Has debtor filed the valuation motions referenced in the status report? When/how does the debtor anticipate resolving the issues concerning Gentle Care Transport, Inc.
Hearing required.
Tentative Ruling for April 15, 2020:
Where is the status report that the Court directed the debtor to file by April 3, 2020?
3:00 PM
Revisit status of case after conclusion of hearing on U.S. Trustee's motion to dismiss or convert.
Tentative Ruling for June 17, 2020:
Set continued status conference for approximately 90 days. Order trustee to file updated status report prior to continued status conference.
Tentative Ruling for July 15, 2020:
Tentative Ruling for August 5, 2020:
Continue case status conference to August 5, 2020 at 2:00 pm to be heard concurrently with continued hearing on disclosure statement.
Tentative Ruling for August 5, 2020:
Continue case status conference to date of continued hearing on disclosure statement.
Tentative Ruling for August 12, 2020:
Continue case status conference to date of confirmation hearing.
3:00 PM
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
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, 10-22-19,
2-18-20, 3-24-20, 5-27-20
Docket 1
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone).
Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
10:00 AM
7666
(when prompted, enter meeting number and password shown above)
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at:
https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond
under the tab, "Instructions/Procedures."
ZOOMGov APPEARANCE APPROVED FOR:
7/28/20 - Sevan Gorginian, (818) 928-4445
7/28/20 - Michael Chekian, (310) 390-5529 8/18/20 - Michael Cunjak, (310)390-5529 8/18/20 - Sanaz Bereliani, (310)914-0152 8/18/20 - Joseph Garcia, (310)592-3351 8/18/20 - Ernesto Rivera, (213)631-1794
Plaintiff seeks judgment barring defendant's discharge under Bankruptcy Code sections 727(a)(2) (transfers with intent to hinder, delay or default within the year prior to bankruptcy), 727(a)(3) (failure to maintain records from which his financial condition may be ascertained, 727(a)(4) (making false oaths knowingly and fraudulently); and 727(a)(5) (failure to explain the loss of assets to satisfy his liabilities).
Plaintiff's claims are based on defendant's alleged or admitted
10:00 AM
Understating his income for year prior to bankruptcy;
Failing to disclose that he still held title to Nissan 350Z as of petition date;
Failing to disclose transfers to father within the year prior to bankruptcy and failure to disclose any remaining obligation due his father (Note: If these were not loan repayments, they were gifts and need to be disclosed so they can be scrutinized to determine if they are fraudulent transfers. Transfers were not disclosed at all.)
Failing to list collectibles as assets (rather than including them as household goods);
Failing to disclose existence of website -- Arthooligan.com; and
Understating value, or misdescribing condition of, 1955 Ford truck.
With regard to Ford truck, valuation and condition are in dispute. With regard to the remainder of the issues, the dispute is whether these inaccuracies were knowing and fraudulent.
Rulings on Evidentiary Objections:
Defendant's Objections to Cunjak Declaration:
Overrule. Statement by a party opponent is not hearsay. FRE 801(d)(2).
Overrule. Court understands this opening statement as an argument or a proposition that plaintiff attempts to prove with later evidence. Court will not accept this statement itself as evidence for the proposition asserted.
Overrule as to authentication foundation for documents and hearsay under FRE 803(8). Sustain as to balance under best evidence rule.
Overrule.
Overrule as to all but last sentence quoted (statement by party opponent). Sustain as to last sentence for lack of foundation.
Overrule as to authentication for Exhibit G. Sustain as to balance.
Overrule.
Sustain as to phrase, "which is fraudulent." Overrule as to balance.
Overrule (statement of party opponent).
Overrule.
Defendant's Objections to Cohen Declaration:
Overrule. Facts are not in dispute.
Sustain.
10:00 AM
Overrule.
Overrule.
Plaintiff's Objections to Defendant Joseph Garcia Declaration:
Sustain for lack of foundation. (No information provided as to who sent letter or how defendant knows facts to which he testifies.)
Sustain -- not on defendant's exhibit list.
Overrule. Although not on defendant's exhibit list, defendant expressly states that document was given to plaintiff during discovery. Plaintiff will not be prejudiced by inclusion of this document.
Sustain -- not on defendant's exhibit list.
No objection asserted. No ruling necessary.
Sustain -- not on defendant's exhibit list.
Sustain -- not on defendant's exhibit list.
(Isn't this objection redundant? Didn't plaintiff seek to have the same exhibit excluded in objection no. 3?) Overrule for reasons set forth above.
Plaintiff's Objections to Dilella Declaration:
1. Sustain.
5/4/20 -- At request of parties, court continued evidentiary hearing to August 18, 2020 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2020.
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
10:00 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
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, 10-22-19,
2-18-20, 3-24-20, 5-27-20, 8-18-20
Docket 1
ZOOMGov APPEARANCE APPROVED FOR:
7/28/20 - Sevan Gorginian, (818) 928-4445
7/28/20 - Michael Chekian, (310) 390-5529 8/18/20 - Michael Cunjak, (310)390-5529 8/18/20 - Sanaz Bereliani, (310)914-0152 8/18/20 - Joseph Garcia, (310)592-3351 8/18/20 - Ernesto Rivera, (213)631-1794
2:00 PM
Plaintiff seeks judgment barring defendant's discharge under Bankruptcy Code sections 727(a)(2) (transfers with intent to hinder, delay or default within the year prior to bankruptcy), 727(a)(3) (failure to maintain records from which his financial condition may be ascertained, 727(a)(4) (making false oaths knowingly and fraudulently); and 727(a)(5) (failure to explain the loss of assets to satisfy his liabilities).
Plaintiff's claims are based on defendant's alleged or admitted
Understating his income for year prior to bankruptcy;
Failing to disclose that he still held title to Nissan 350Z as of petition date;
Failing to disclose transfers to father within the year prior to bankruptcy and failure to disclose any remaining obligation due his father (Note: If these were not loan repayments, they were gifts and need to be disclosed so they can be scrutinized to determine if they are fraudulent transfers. Transfers were not disclosed at all.)
Failing to list collectibles as assets (rather than including them as household goods);
Failing to disclose existence of website -- Arthooligan.com; and
Understating value, or misdescribing condition of, 1955 Ford truck.
With regard to Ford truck, valuation and condition are in dispute. With regard to the remainder of the issues, the dispute is whether these inaccuracies were knowing and fraudulent.
Rulings on Evidentiary Objections:
Defendant's Objections to Cunjak Declaration:
Overrule. Statement by a party opponent is not hearsay. FRE 801(d)(2).
Overrule. Court understands this opening statement as an argument or a proposition that plaintiff attempts to prove with later evidence. Court will not accept this statement itself as evidence for the proposition asserted.
Overrule as to authentication foundation for documents and hearsay under FRE 803(8). Sustain as to balance under best evidence rule.
Overrule.
Overrule as to all but last sentence quoted (statement by party opponent).
2:00 PM
Sustain as to last sentence for lack of foundation.
Overrule as to authentication for Exhibit G. Sustain as to balance.
Overrule.
Sustain as to phrase, "which is fraudulent." Overrule as to balance.
Overrule (statement of party opponent).
Overrule.
Defendant's Objections to Cohen Declaration:
Overrule. Facts are not in dispute.
Sustain.
Overrule.
Overrule.
Plaintiff's Objections to Defendant Joseph Garcia Declaration:
Sustain for lack of foundation. (No information provided as to who sent letter or how defendant knows facts to which he testifies.)
Sustain -- not on defendant's exhibit list.
Overrule. Although not on defendant's exhibit list, defendant expressly states that document was given to plaintiff during discovery. Plaintiff will not be prejudiced by inclusion of this document.
Sustain -- not on defendant's exhibit list.
No objection asserted. No ruling necessary.
Sustain -- not on defendant's exhibit list.
Sustain -- not on defendant's exhibit list.
(Isn't this objection redundant? Didn't plaintiff seek to have the same exhibit excluded in objection no. 3?) Overrule for reasons set forth above.
Plaintiff's Objections to Dilella Declaration:
1. Sustain.
5/4/20 -- At request of parties, court continued evidentiary hearing to August 18, 2020 at 10:00 a.m. OFF CALENDAR FOR MAY 29, 2020.
Debtor(s):
Joseph Michael Garcia Represented By
2:00 PM
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
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
- NONE LISTED -
10:00 AM
- NONE LISTED -
10:00 AM
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 33
- NONE LISTED -
Debtor(s):
Ernesto Cornejo Represented By Giovanni Orantes
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 82
ZoomGov Appearance Approved for:
8/24/20 - Randall Mroczynski, (714)431-1026
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang Sheryl K Ith
10:00 AM
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
MOVANT: ACAR LEASING LTD, DBA GMA FINANCIAL LEASING
Docket 281
ZoomGov Appearance Approved for:
8/24/20 - Randall Mroczynski, (714)431-1026
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
Acar Leasing Ltd. dba GM Financial Represented By
Randall P Mroczynski
10:00 AM
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
10:00 AM
MOVANT: ACAR LEASING LTD, DBA GMA FINANCIAL LEASING
Docket 282
ZoomGov Appearance Approved for:
8/24/20 - Randall Mroczynski, (714)431-1026
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
Acar Leasing Ltd. dba GM Financial Represented By
Randall P Mroczynski
10:00 AM
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
10:00 AM
MOVANT: ACAR LEASING LTD, DBA GMA FINANCIAL LEASING
Docket 283
ZoomGov Appearance Approved for:
8/24/20 - Randall Mroczynski, (714)431-1026
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
Acar Leasing Ltd. dba GM Financial Represented By
Randall P Mroczynski
10:00 AM
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
10:00 AM
MOVANT: BRUCE ELEBEE
Docket 80
ZoomGov Appearance Approved for: 8/24/20 - Gregory Jones, (310)429-9581 8/24/20 - Jores Kharatian, (626)759-9900 8/25/20 - Robert Goe, (949)798-2460
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
10:00 AM
Movant(s):
Bruce Elebee Represented By
Jores Kharatian
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
CHRISTIN UNDERWOOD
Docket 81
ZoomGov Appearance Approved for: 8/24/20 - Gregory Jones, (310)429-9581 8/24/20 - Jores Kharatian, (626)759-9900
8/25/20 - Robert Goe, (949)798-2460
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
10:00 AM
Movant(s):
Christin Underwood Represented By Jores Kharatian
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
MOVANT: MICHELLE CROGHAN
Docket 82
ZoomGov Appearance Approved for: 8/24/20 - Gregory Jones, (310)429-9581 8/24/20 - Jores Kharatian, (626)759-9900
8/25/20 - Robert Goe, (949)798-2460
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
10:00 AM
Movant(s):
Michelle Croghan Represented By Jores Kharatian
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
MOVANT DISCOVERY ESTATES, LLC.
Docket 10
ZOOMGov Appearance Approved for: 8/20/20 - Kenneth Lau, (818)794-7430
The relief sought by this motion, if granted, would be tantamount to "closing the barn door after the horse has already bolted." Court could impose an automatic stay now, but how would that reverse a foreclosure sale that already occurred pursuant to an in rem relief order? Perhaps the debtor believes that such an order could be imposed nunc pro tunc to the petition date, thereby voiding the foreclosure sale, but nothing in the bankruptcy code gives the Court the authority to impose such a remedy.
If a debtor is displeased with an order granting relief from stay under section 362(d)(4) that was entered in a prior bankruptcy case, the bankruptcy code creates a remedy -- the debtor may move for relief from such an order based on changed circumstances or for other good cause after notice and a hearing. Once the debtor learned about the existence of the in rem order, it could have
10:00 AM
brought such a motion in an effort to prevent the foreclosure, but it should have done so BEFORE the foreclosure occurred. Not after. The court cannot use this remedy after the fact to void a sale.
By virtue of the prior in rem order, there was no automatic stay with regard to the property as of the commencement of this bankruptcy case on August 3, 2020 not only under section 362(d)(4), but also under bankruptcy code section 362(b)(20). Therefore, the foreclosure sale conducted August 4, 2020 did not violate the automatic stay and appears to have been valid.
Had the debtor sought relief from the in rem order entered in the prior chapter 13 bankruptcy case before the foreclosure occurred; however, it is far from clear that the court would have granted the requested relief. By its own admission, the debtor hired a "foreclosure specialist" to postpone the foreclosure sale. Debtor claims it did not authorize the granting of fractional interests in the property (2 percent to Sergio Moreno Morales; 2 percent to Jannine Murillo; 1 percent to Jose Bernal and 95 to Christopher Lim), but how exactly did the debtor's principal -- who claims to have expertise in real estate matters -- think that the "foreclosure specialist" (who isn't identified in the motion) would be able to postpone the sale without the lender's agreement?
Moreover, the "foreclosure specialist" apparently tried obtaining relief from stay by having one of the holders of a fractional interest file bankruptcy twice (or by transferring fractional interests to two different people who had already filed bankruptcy): the first case was filed May 13, 2020, by Sergio Moreno Morales, but that case was dismissed for failure to file schedules on May 20, 2020; the second case was filed May 18, 2020 by Jannie Murillo. Judge Bason entered an order granting in rem relief in the Murillo case on June 30, 2020. The motion that led to the granting of that order was served on the debtor and its principal, Christopher Lim, at the property address and on Mr. Limi at the address in the original loan documents and at the address given for notice on the deed of trust signed only a year and a half earlier. (Mr. Lim signed the loan documents as manager of the debtor.) Therefore, it seems highly likely that the debtor actually did receive notice that NJR was seeking in rem relief in the Murillo case. (NOTE: The court shares NJR's view that the signature on the allegedly "forged" deed granting fractional interests looks remarkably like the unique signture of Mr. Lim on the original loan documents.
10:00 AM
If this is a forgery, it is an exceptionally good one. Moreover, it is interesting that Mr. Lim asserts in his declaration that he can explain how he knows the signature is not his, but he does not bother to include that information in the declaration. Court has not authorized the parties to present live testimony at the hearing.)
The debtor has not established cause for the requested relief. To the contrary, this fact pattern appears to be precisely the kind of fact pattern that Congress envisioned when it provided for in rem relief under section 362(d)
(4) to prevent borrwers from engaging in a series of shenanigans in an effort to hinder and delay a lender from proceeding with a foreclosure sale.
Deny requested relief as it is unwarranted on these facts and would not, in any event, give debtor the relief it actually wants. If there is some theory under which the foreclosure sale may be set aside, the debtor is free to commence an adversary proceeding seeking such relief, but it is unclear on these facts what the basis for such an action would be.
Note: Although on the facts of this case it appears likely that the debtor and its principal did in fact receive notice of the motion seeking in rem relief, nothing in section 362(d)(4) requires notice to third parties with an interest in the property. The order was recorded on July 17, 2020 and, even if it didn't receive the copies served on it and its principal, it acknowledges learning of the existence of this order in connection with its efforts to sell the property and could have moved for relief from the in rem order prior to the foreclosure sale. See In re Greenstein, 589 B.R. 854 (C.D. Cal. 2018) (rejecting debtor's due process argument as to the enforceability of a 362(d)(4) order entered in another debtor's bankruptcy).
Debtor(s):
Discovery Estates, LLC Represented By Brandon J Anand
Movant(s):
Discovery Estates, LLC Represented By Brandon J Anand
10:00 AM
11:00 AM
Docket 74
ZoomGov Appearance Approved for: 8/21/20 - Kenneth Lau, (818)794-7430
8/24/20 - Ronald Ask, (951)684-5608
8/25/20 - Allen Ostergar, III, (949)305-4590
8/25/20 - Jeffrey Smith, (562)624-1117
At the July 15, 2020 hearing on the Debtor's motion to set aside the 180-day bar, the court offered the following tentative ruling:
Court imposed a bar to refiling the case in chapter 11 because it appeared from the totality of the circumstances that the debtor could not be relied upon to fulfill the responsibilities of a debtor in possession. The debtor could not figure out how to obtain insurance
11:00 AM
or open DIP bank accounts. (Other debtors in possession have managed to accomplish these tasks, even during a pandemic.) These defects have not been remedied. Court is not persuaded that result would have been different if counsel had attended the hearing on May 7, 2020. (Debtor had failed to open DIP accounts, did not have insurance coverage on the property, failed to file the required
Statement of Major Issues and Time Table Report, failed to record its petition in San Bernardino County, failed to pay taxes to the county and failed to pay its US Trustee quarterly fees.)
Moreover, counsel's failure to call in for the May 7 hearing seems inexplicable in light of fact that counsel would have received shortly before the hearing the US Trustee's reply to the debtor's opposition, which should have served as a reminder, and rushed to file the missing monthly operating reports (on forms for a different region) only 3 days before the hearing. (How could the hearing not have been calendared properly since the debtor filed its opposition to the motion in a timely manner?)
The chapter 7 trustee has been moving forward diligently with this case, has obtained insurance and has retained a broker to list the property. This case will be resolved promptly if it remains in chapter
7. The same cannot be said if the case were converted to chapter 11.
Deny motion.
In other words, contrary to the contention advanced in the motion, the debtor's chapter 11 case was NOT dismissed due to the failure of its counsel to appear at a May 7, 2020 hearing because of COVID-related technology issues. Therefore, debtor's excusable neglect arguments concerning his counsel's failure to make this appearance must be rejected out of hand. The motion does not address the real issue here -- that the debtor had done little or nothing to adequately prosecute this chapter 11 case and the court had
11:00 AM
no confidence whatsoever in the ability or willingness of this debtor to take the steps necessary to administer its assets in chapter 11.
Moreover, the relief sought here is extraordinary. The movant asks that this court "suspend the continuation of the chapter 7 proceedings" and the related (dismissed and now closed) chapter 11 case pending the outcome of its appeal. What does this even mean as a practical matter? Would it mean that the Court would not permit anything to happen in this case until the appeal has been resolved? Could anyone move for relief from stay? Could anyone move to dismiss the case? Would the chapter 7 trustee be precluded from taking any steps to administer the assets of the estate? The court could dismiss the case with a bar to refiling under any chapter, but that is not what the debtor has requested. Essentially, it is requesting an indefinite stay without any of the obligations or limitations imposed by the bankruptcy code. The Court does not have the authority to grant such relief even if it seemed warranted on the facts of this case, which it does not.
Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
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, 9-17-19, 1-28-20, 4-14-20, 7-21-20
Docket 1
ZoomGov Appearance Approved for: 8/21/20 - Michael Flanagan, (818)692-2074 8/25/20 - Michael D'Alba , (310)741-0990
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
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:
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
2:00 PM
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:
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
2:00 PM
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
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.
9/26/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 28, 2020 at 2:00 p.m. L/D to file updated status report -- January 14, 2020
L/D to complete mediation -- January 28, 2020
L/D to conduct nonexpert fact discovery -- December 30, 2019
L/D to designate experts and exchange expert reports -- December 30, 2019 L/D to conduct expert witness discovery -- February 28, 2020
2:00 PM
12/30/19 -- Court entered scheduling order with following dates:
Cont'd status conference -- April 14, 2020 at 2:00 p.m. L/D to file updated status report -- March 31, 2020
L/D to complete mediation -- April 13, 2020
L/D to conduct nonexpert fact discovery -- March 30, 2020
L/D to designate experts and exchange expert reports -- March 30, 2020 L/D to conduct expert witness discovery -- May 29, 2020
3/25/20 -- Court approved stipulation continuing dates as follows: Cont'd status conference -- July 21, 2020 at 2:00 p.m.
L/D to file updated status report -- July 7, 2020 L/D to complete mediation -- July 21, 2020
L/D to conduct nonexpert fact discovery -- June 30, 2020
L/D to designate experts and exchange expert reports -- June 30, 2020 L/D to conduct expert witness discovery -- August 29, 2020
Tentative Ruling for July 21, 2020:
Discuss with the parties the status of efforts to settle the matter and possible new dates for certain of the deadlines set forth above.
Tentative Ruling for August 25, 2020:
Where are the parties with regard to settlement? Hearing required.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price Michael G Flanagan
Michael Gerard Flanagan, as trustee Represented By
2:00 PM
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, 1-28-20, 6-11-19,
9-17-19,4-14-20 7-21-20
Docket 1
ZoomGov Appearance Approved for:
8/25/20 - Michael D'Alba , (310)741-0990
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.
2:00 PM
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing 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.
2:00 PM
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:
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?
9/26/19 -- Court approved scheduling order vacating discovery cutoff and waiving requirement that status report be filed in connection with January 28, 2020 status conference.
Tentative Ruling for January 28, 2020:
Continue status conference to April 14, 2020 at 2:00 p.m. to coincide with continued status conference in related matter. Parties need not file status report in connection with April status conference. APPEARANCES WAIVED ON JANUARY 28, 2020.
3/31/20 -- Court approved stipulation continuing hearing to July 21, 2020 at
2:00 PM
2:00 p.m. to coincide with status conference in related matter. Parties need not file status report in connection with July status conference.
APPEARANCES WAIVED ON APRIL 14, 2020.
Tentative Ruling for July 21, 2020:
Continue status conference to date of continued status conference for matter no. 200.
Tentative Ruling for August 25, 2020:
Let matter continue to trail matter no. 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
2:00 PM
Michael G D'Alba Howard Kollitz Sonia Singh
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, 10-15-19, 5-19-20
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.
Tentative Ruling for January 14, 2020:
Continue status conference approximately 90 days. Issue scheduling order with dates proposed in joint status report.
1/23/20 -- Court approved scheduling order setting following dates:
Cont'd status conference -- May 19, 2020 at 2 L/D to file joint status report -- May 5, 2020 L/D to complete mediation -- May 19, 2020
L/D to lodge order appointing mediator and alternate mediator -- January 31, 2020
2/4/20 -- Court approved stipulation continuing status conference to August 25, 2020 at 2:00 p.m., continuing deadline to file joint status report to August 11, 2020 and extending deadline for completion of mediation to August 25,
2:00 PM
2020. OFF CALENDAR FOR MAY 19, 2020.
OFF CALENDAR. MATTER TRANSFERRED TO DISTRICT OF OREGON.
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 David L. Neale
Brian Arbizzani Represented By Joseph A Field Irving M Gross David L. Neale
Adam Ward Represented By
Joseph A Field Irving M Gross David L. Neale
Steve Sefchick Represented By Joseph A Field Irving M Gross David L. Neale
Plaintiff(s):
Lite Solar Corp. Represented By Leslie A Cohen Joshua D Stadtler
2:00 PM
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
2:00 PM
Adv#: 2:20-01116 Avery v. Premiere Medical Center of Burbank, Inc. et al
fr. 7-14-20
Docket 1
6/9/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to July 17, 2020 and continuing status conference to August 25, 2020 at 2:00 p.m. OFF CALENDAR FOR JULY 14, 2020.
Tentative Ruling for August 25, 2020:
Discuss with parties procedures for withdrawal of reference when a jury trial has been requested. Discovery cannot await the resolution of that motion. Set discovery cutoff for approximately 120 days.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
2:00 PM
Defendant(s):
Premiere Medical Center of Represented By Ian S Shelton
Michael D Marsh, M.D. Represented By Ian S Shelton
NHP/PMB Burbank Medical Plaza I Represented By
Lloyd S Mann
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Wesley H Avery Represented By Stephen L Raucher
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana Stephen L Raucher
2:00 PM
Adv#: 2:19-01518 Goodrich v. Fernandez
fr. 2-25-20, 5-12-20, 6-16-20, 7-14-20
Docket 1
4/7/20 - Another summons issued.
At parties' request (in status report), continue status conference to May 12, 2020 at 2:00 p.m. Parties should file updated status report not later than April 28, 2020. APPEARANCES WAIVED ON FEBRUARY 25, 2020.
4/17/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to May 20, 2020 and continuing status conference to June 16, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 12, 2020.
5/18/20 -- Court approved stipulation extending response date to June 17, 2020 and continuing status conference to July 14, 2020 at 2:00 p.m. OFF
CALENDAR FOR JUNE 16, 2020.
6/16/20 -- Court approved stipulation extending response date to July 24, 2020 and continuing status conference to AUGUST 25, 2020 at 2:00 p.m.
OFF CALENDAR FOR JULY 14, 2020.
7/31/20 -- Court approved stipulation extending response date to September 22, 2020 and continuing status conference to September 29, 2020 at 2:00
p.m. OFF CALENDAR FOR AUGUST 25, 2020.
2:00 PM
Debtor(s):
Raymond A Fernandez Represented By Christie Cronenweth
Defendant(s):
Imelda Merton Fernandez Represented By Shai S Oved
Plaintiff(s):
David M Goodrich Represented By
Alastair M Gesmundo
Trustee(s):
David M Goodrich (TR) Represented By Richard H Golubow
2:00 PM
Adv#: 2:19-01170 Farwell v. Herzstock
J. Herzstock
fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20
Docket 1
APPEARANCE APPROVED FOR:
8/17/20 - Zachary Levine, (818)241-7499 8/18/20 - Edward Herzstock, (424)262-2896
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:
2:00 PM
Where is status report that should have been filed by November 19, 2019?
Final Ruling for December 3, 2019:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties should file joint status report by February 25, 2020. Parties are to complete a day of mediation by March 10, 2020 and should lodge an order appointing mediators by December 24, 2019. Plaintiff should lodge scheduling order.
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order as instructed at prior status conference. Impose additional sanctions of $250 on counsel for plaintiff and defendant in pro per for failing to lodge an order appointing mediators and complete a day of mediation by March 10, 2020, as directed by the Court. Impose additional sanctions of
$150 on defendant in pro per for failing to participate in preparation of joint status report. Lack of cooperation from defendant does not excuse plaintiff from deadlines established by the Court. These are joint obligations.
Set discovery cutoff for late May, 2020. Set deadline for filing pretrial motions. Order parties AGAIN to conduct mediation. If defendant does not cooperate in selection of mediators, plaintiff should lodge unilateral order appointing mediators. If parties do not complete mediation by new deadline, court will impose additional monetary sanctions of not less than $500. Court does not consider its deadlines to be optional.
3/11/20 -- Court issued scheduling order with the following dates: Cont'd status conference -- June 16, 2020 at 2:00 pm
Discovery cutoff -- May 31, 2020
L/D to file pretrial motions -- June 15, 2020
L/D to lodge order appointing mediators -- March 23, 2020 L/D to complete mediation -- June 16, 2020
Court imposed sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order after last status conference.
2:00 PM
Tentative Ruling for June 16, 2020:
Impose sanctions of $150 on defendant for failing to participate in the preparation of a joint status report. Impose additional $150 in sanctions on defendant for failing to cooperate in the scheduling of mediation. The deadline for filing pretrial motions was June 15, 2020. If defendant has not responded to discovery requests, why hasn't plaintiff filed motion to compel discovery? Hearing required.
Final Ruling for June 16, 2020:
Continue status conference to August 25, 2020 at 2:00 p.m. Parties are to file joint status report. Court will impose monetary sanctions at that time if parties fail to file joint status report in a timely manner or if mediation has not been completed.
Tentative Ruling for August 25, 2020:
Parties have again failed to file joint status report in a timely manner. Impose monetary sanctions of $150 each on counsel for the parties for failing to participate in the preparation of a joint status report. Have the parties completed a day of mediation? If not, impose additional sanctions of $500 each on counsel for the parties and issue OSC why action should not be dismissed for failure to prosecute.
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
2:00 PM
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01171 Chasse v. Herzstock
fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20
Docket 1
APPEARANCE APPROVED FOR:
8/17/20 - Zachary Levine, (818)241-7499 8/18/20 - Edward Herzstock, (424)262-2896
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:
2:00 PM
Where is status report that should have been filed by November 19, 2019?
Final Ruling for December 3, 2019:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties should file joint status report by February 25, 2020. Parties are to complete a day of mediation by March 10, 2020 and should lodge an order appointing mediators by December 24, 2019. Plaintiff should lodge scheduling order.
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order as instructed at prior status conference. Impose additional sanctions of $250 on counsel for plaintiff and defendant in pro per for failing to lodge an order appointing mediators and complete a day of mediation by March 10, 2020, as directed by the Court. Impose additional sanctions of
$150 on defendant in pro per for failing to participate in preparation of joint status report. Lack of cooperation from defendant does not excuse plaintiff from deadlines established by the Court. These are joint obligations.
Set discovery cutoff for late May, 2020. Set deadline for filing pretrial motions. Order parties AGAIN to conduct mediation. If defendant does not cooperate in selection of mediators, plaintiff should lodge unilateral order appointing mediators. If parties do not complete mediation by new deadline, court will impose additional monetary sanctions of not less than $500. Court does not consider its deadlines to be optional.
Tentative Ruling for June 16, 2020:
Impose sanctions of $150 on defendant for failing to participate in the preparation of a joint status report. Impose additional $500 in sanctions on defendant for failing to cooperate in the scheduling of mediation. The deadline for filing pretrial motions was June 15, 2020. If defendant has not responded to discovery requests, why hasn't plaintiff filed motion to compel discovery? Hearing required.
Final Ruling for June 16, 2020:
2:00 PM
Continue status conference to August 25, 2020 at 2:00 p.m. Parties are to file joint status report. Court will impose monetary sanctions at that time if parties fail to file joint status report in a timely manner or if mediation has not been completed.
Tentative Ruling for August 25, 2020:
Parties have again failed to file joint status report in a timely manner. Impose monetary sanctions of $150 each on counsel for the parties for failing to participate in the preparation of a joint status report. Have the parties completed a day of mediation? If not, impose additional sanctions of $500 each on counsel for the parties and issue OSC why action should not be dismissed for failure to prosecute.
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#: 2:19-01330 Menchaca v. Ozuna et al
Theresa Harden, Richard Harden fr. 11-5-19, 3-17-20; 6-30-20
Docket 1
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.
11/6/19 -- Court approved scheduling order setting following dates: Cont'd status conference -- March 17, 2020 at 2:00 p.m.
L/D to file joint status report -- March 3, 2020 L/D to complete discovery -- February 28, 2020
L/D to lodge order appointing mediators -- December 13, 2019 L/D to complete mediation -- March 17, 2020
2/4/20 -- Court approved stipulation setting following dates:
2:00 PM
Cont'd status conference -- June 30, 2020 at 2:00 p.m. L/D to file joint status report -- June 16, 2020
L/D to complete discovery -- May 29, 2020
L/D to lodge order appointing mediators -- February 28, 2020 L/D to complete mediation -- May 4, 2020
OFF CALENDAR FOR MARCH 17, 2020.
3/17/20 -- Court approved order appointing mediators.
Tentative Ruling for June 30, 2020:
Parties report that matter settled through mediation. At request of parties, continue status conference to August 25, 2020 at 2:00 p.m. Parties should file updated status report not later than August 11, 2020 if matter has not been dismissed or judgment entered by then. APPEARANCES WAIVED ON JUNE 30, 2020.
Tentative Ruling for August 25, 2020:
At request of the parties, continue status conference to October 6, 2020 at 2:00 p.m. to give the settlement payment an opportunity to clear the bank and the parties an opportunity to stipulate to a dismissal of this action.
APPEARANCES WAIVED ON AUGUST 25, 2020.
Debtor(s):
Candina Marie Ozuna Represented By
Raj T Wadhwani
Defendant(s):
Candina Marie Ozuna Represented By Craig G Margulies
David Ozuna Represented By
Craig G Margulies
2:00 PM
Theresa Harden Represented By Craig G Margulies
Richard Harden Represented By Craig G Margulies
Plaintiff(s):
John J. Menchaca Represented By David M Goodrich
Trustee(s):
John J Menchaca (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.
fr. 10-1-19, 1-28-20, 5-5-20
Docket 1
Tentative Ruling from October 1, 2019:
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.
2:00 PM
10/4/19 -- Court entered order striking third claim for relief and directing parties to file joint status report not later than January 14, 2020.
Tentative Ruling for January 28, 2020:
Set discovery cutoff for late May 2020. Continue status conference approximately 90 days. Discuss with parties why they do not want this matter sent to mediation.
Final Ruling for January 28, 2020:
Set discovery cutoff of May 29, 2020. Continue status conference to May 5, 2020 at 2:00 p.m. Parties should file joint status report by April 21, 2020.
Plaintiff is directed to lodge scheduling order with these dates.
Tentative Ruling for May 5, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order in a timely manner. Impose additional sanctions of $250 on counsel for each party for failing to participate in the preparation of a joint status report. What is the status of this matter? Are the parties on track to complete discovery by the end of May, 2020? Hearing required.
Final Ruling for May 5, 2020:
Set discovery cutoff for August 31, 2020. Continue status conference to August 25, 2020 at 2:00 p.m. Parties should file joint status report by August 11, 2020. Plaintiff is ordered to lodge scheduling order with these dates.
Tentative Ruling for August 25, 2020:
Counsel for plaintiff has AGAIN failed to lodge scheduling order. Impose monetary sanctions of $250 on counsel for plaintiff. Discovery cutoff has now passed. If plaintiff would like additional time to conduct discovery, require plaintiff to file motion for extension of discovery cutoff that details what progress has been made on this case since the last status conference.
2:00 PM
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Defendant(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Plaintiff(s):
Upstream Capital Investments LLC Represented By
Douglas A Crowder Lynda E Jacobs
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:20-01142 Southwest Guaranty Investors, Ltd. v. Slotkin
Docket 1
ZOOMGov Appearance Approved for: 8/19/20 - Mark Slotkin, (323)701-2275 8/20/20 - Hamid Rafatjoo, (310)871-7589
Set discovery cutoff and continue status conference for approximately three to four months.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Defendant(s):
Mark Abbey Slotkin Pro Se
2:00 PM
Plaintiff(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
- NONE LISTED -
10:00 AM
- NONE LISTED -
10:00 AM
Docket 12
ZoomGov Appearance Approved for: 8/25/20 - Lionel Giron, (909)397-7260
Vacate OSC. Issued in error. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Trinidad Portales Rodriguez Represented By Lionel E Giron
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 16
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):
Zaki Jahan Francis-Shakoor Pro Se
10:00 AM
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 75
Continue hearing on motion to give debtor an opportunity to serve remaining creditors, Office of the U.S. Trustee and chapter 7 trustee and to file declaration(s) in support of factual representations made in motion. (NOTE: If court were to grant motion to dismiss, it would impose a 2-year bar to refiling, so debtor should not proceed with this motion if she has any present intention of returning to bankruptcy court.)
Debtor(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 18
ZoomGov Appearance Approved for: 8/21/20 - David Jacob, (424)248-6688
Tentative Ruling for July 22, 2020:
The trustee and the creditor may have seen the debtor's financial records, but the court has not. The court would like some corroborating evidence as to the amount of royalties the debtor has been receiving each month -- copies of checks? bank statements? royalty statements? Continue hearing to give debtor an opportunity to provide whatever documentation he may have to show how much he has actually been receiving.
Final Ruling for July 22, 2020:
Continue hearing to August 26, 2020 at 10:00 a.m. Debtor will serve and file supplemental declaration with corroborating evidence not later than August
10:00 AM
12, 2020. Any supplemental response from creditor must be filed and served by August 19, 2020.
Tentative Ruling for August 25, 2020:
It is extremely difficult for the court to place a value on the asset in question; however, the Court notes that the debtor has only claimed an exemption for
$1 in the royalties in question and, under section 522(f)(1), a debtor may only avoid an exemption "to the extent" that it impairs the exemption. Grant motion, but enter order that permits avoidance of the lien to the extent of $1. In other words, the first $1 of post-petition royalties due on account of the debtor's interest in the royalties should be paid to the debtor. The creditor's lien remains attached to the balance of the debtor's interest in the royalties, up to the total amount due under the judgment lien. See Bank of Am. Nat'l Tr. & Sav. Ass'n v. Hanger (In re Hanger), 217 B.R. 592 (B.A.P. 9th Cir. 1997) (to the extent that there is surplus equity above and beyond the amount of the debtor's exemption, the lien should not be avoided).
8/24/20 -- Court approved stipulation continuing hearing to September 30, 2020 at 10:00 a.m. OFF CALENDAR FOR AUGUST 26, 2020.
Debtor(s):
Steven Mark Colyer Represented By Andre A Khansari
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 34
ZoomGov Appearance Approved for:
8/21/20 - Michelle Marchisotto, (323)724-3117
Grant motion. Debtor has a statutory duty to cooperate with the trustee. If she won't do so voluntarily (which would be to her advantage as it would permit her to remain in the home until shortly before the close of escrow), court will enter order compelling her to cooperate.
Debtor(s):
Maria Ana Belen A. Gregorio Represented By
James D. Hornbuckle
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
10:00 AM
Docket 1116
APPEARANCE APPROVED FOR:
8/11/20 - J. Scott Bovitz, (213)346-8300
8/24/20 - Keffrey Kwong, (310)229-1234
There is nothing new here. Court already considered and rejected all of these arguments. It was clear at all times from and after the approval of the settlement agreement that it was conditioned on confirmation of a plan. It was essentially an agreement as to the treatment to be afforded to Garikian under the plan. Both Garikian and the debtor treated the agreement as conditioned on confirmation of the plan and counsel for Garikian argued against denial of confirmation on the ground that, unless the court confirmed the plan, the settlement agreement with Garikian would never become effective.
Appointment of a trustee was not an anticipatory breach. The debtor did not appoint the trustee; the court did. And how could it? The appointment of a
10:00 AM
trustee did not prevent the debtor from proposing and confirming a plan. And the extension of any closing deadline (which argument movant first raised in its reply brief and which has never been supported by admissible evidence) is irrelevant. The effectiveness of the agreement was conditioned on confirmation of a plan. The whole point of the agreement was to describe Garikian's plan treatment. No plan was ever confirmed or will ever be confirmed in this case. The condition precedent to effectiveness of the agreement has failed. The agreement is unenforceable.
Deny motion for reconsideration.
Debtor(s):
Altadena Lincoln Crossing LLC Represented By Lisa Lenherr
Gregory M Salvato Justin P Karczag
Trustee(s):
Jason M Rund (TR) Represented By Timothy J Yoo Eve H Karasik Jeffrey S Kwong
10:00 AM
Docket 1
ZOOMGov Appearance Approved for: 8/20/20 - Kenneth Lau, (818)794-7430 8/20/20 - Renee Fahrendholz, (951)684-5608 8/20/20 - Ronald Ask, (951)684-5608
8/20/20 - Christopher Minier, (949)851-7450
Continue hearing to September 16, 2020 at 11:00 a.m. to be heard concurrently with US Trustee's motion to dismiss. APPEARANCES WAIVED ON AUGUST 26, 2020.
Debtor(s):
Valley Equities, LLC Represented By Ronald W Ask
11:00 AM
fr. 3-18-20, 6-10-20, 8-5-20
Docket 1337
- NONE LISTED -
Discuss with parties how to proceed at this juncture in light of partial reversal and remand from district court. Explore whether trustee would like to submit new papers or have court revisit compensation based on existing record.
Hearing required.
4/23/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 3, 2020
L/D for Clifton Capital to file response -- July 15, 2020 L/D for trustee to file reply -- July 29, 2020
Cont'd hearing -- August 5, 2020 at 11:00
5/27/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 17, 2020
L/D for Clifton Capital to file response -- August 5, 2020 L/D for trustee to file reply -- August 19, 2020
Cont'd hearing -- August 26, 2020 at 11:00
OFF CALENDAR FOR AUGUST 5, 2020.
8/4/20 -- Court approved stipulation continuing following dates: L/D for Clifton Capital to file response -- August 26, 2020
L/D for trustee to file reply -- September 16, 2020 Cont'd hearing -- September 30, 2020 at 11:00
OFF CALENDAR FOR AUGUST 26, 2020.
11:00 AM
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 Philip E Strok Michael Simon Timothy W Evanston
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, 12-4-19, 6-3-20, 7-15-20
Docket 1
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
11:00 AM
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.
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
11:00 AM
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
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.
Tentative Ruling for June 3, 2020:
Even though counsel has only been able to communicate with his client via email, he should be able to obtain the information necessary to draft an updated status report accompanied by a declaration by someone with personal knowledge advising the court about the status of the debtor's payments under the plan and when the debtor believes that it will be in a position to make up any delinquent payments. Continue status conference to July 15, 2020 at 11:00 a.m. Debtor should file status report accompanied by declaration by someone with personal knowledge not later than July 2, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for July 15, 2020:
Where is the status report and accompanying declaration that should have been filed by July 2, 2020? Is debtor current on its plan payments? Will debtor be able to continue performing under plan? Are debtor's principals communicating with counsel? Hearing required.
11:00 AM
Final Ruling for July 15, 2020:
Reorganized debtor has not filed quarterly reports for first and second quarter and did not file required status report and declaration. Continue hearing to August 26, 2020 at 11:00 a.m. Debtor should file status report (supported by a declaration by someone with personal knowledge) not later than August 14, 2020.
Tentative Ruling for August 26, 2020:
Court has reviewed the reorganized debtor's status report. Continue case status conference to December 9, 2020 at 11:00 a.m. Reorganized debtor should file updated status report (accompanied by a declaration from someone with personal knowledge) not later than November 30, 2020.
APPEARANCES WAIVED ON AUGUST 26, 2020.
Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
Amelia Puertas-Samara
11:00 AM
fr. 7-31-19, 11-6-19, 11-13-19, 2-11-20, 3-4-20, 4-29-20
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.
Final Ruling for November 13, 2019:
Continue case status conference to February 11, 2020 at 10:30. Debtor should file updated status report by January 31, 2020.
Tentative Ruling for February 11, 2020:
Continue case status conference to March 4, 2020 at 2:00 p.m. to coincide with date of hearing on disclosure statement. Debtor need not file updated status report in connection with that status conference.
Tentative Ruling for March 4, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for April 29, 2020:
If court confirms plan, set post-confirmation status conference and deadline for filing post-confirmation status report, accompanied by declaration.
OFF CALENDAR. FINAL DECREE ENTERED.
Debtor(s):
Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong
11:00 AM
Docket 1
5/15/20 - ORDER ENTERED FOR ABSTENTION AND CLOSING OF CASE.
ZOOMGov Appearance Approved for: 8/20/20 - Kenneth Lau, (818)794-7430
Set deadline for debtor to serve notice of bar date and bar date. Discuss with debtor plan procedures and deadline for filing plan of reorganization. Discuss with debtor issues raised by proposed financing.
Hearing required.
5/4/20 -- Court signed scheduling order with following dates: Cont'd status conference -- July 22, 2020 at 11:00 am
L/D to serve bar date notice -- May 8, 2020 Bar date -- June 30, 2020
L/D to file updated status report -- July 10, 2020
11:00 AM
L/D to file plan -- August 24, 2020.
Tentative Ruling for July 22, 2020:
Court has reviewed debtor's status report. Continue status conference to August 26, 2020 at 11:00 a.m. Debtor should file updated status report not later than August 17, 2020.
Tentative Ruling for August 26, 2020:
Court has reviewed debtor's status report. Continue status conference to October 21, 2020 at 11:00 a.m. Debtor should file updated status report not later than October 9, 2020. APPEARANCES WAIVED ON AUGUST 26, 2020.
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
2:00 PM
Docket 105
8/14/20 -- Court approved stipulation continuing hearing on disclosure statement to October 7, 2020 at 2:00 p.m. Court continued case status conference to same date and time. OFF CALENDAR FOR AUGUST 26, 2020.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
Docket 1
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?
2:00 PM
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 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.
12/20/19 -- Court approved scheduling order setting following dates:
1/6/2020 -- L/D for debtor to file objections to claims of State Compensation Insurance Fund and 1 West Capital;
3/20/2020 -- L/D for debtor to file updated status report 3/31/2020 -- L/D for debtor to file plan and disclosure statement 4/1/2020 at 11:00 a.m. -- Cont'd case status conference
3/27/20 -- Court approved stipulation setting following dates:
L/D for debtor to file plan and disclosure statement -- June 30, 2020 Cont'd status conference -- July 1, 2020 at 11:00 a.m.
OFF CALENDAR FOR APRIL 1, 2020.
Tentative Ruling for June 30, 2020:
2:00 PM
Deadline to file plan set by the Court is June 30, 2020. Will debtor meet that deadline? If not, why not? Hearing required.
8/14/20 -- Court approved stipulation continuing hearing on disclosure statement to October 7, 2020 at 2:00 p.m. Court continued case status conference to same date and time. OFF CALENDAR FOR AUGUST 26, 2020.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio. Please review your specific calendar matter for the ZoomGov login/password.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: JING WANG
Docket 14
Motion appears to be unnecessary at this juncture, as debtor has already obtained a discharge, but enter order granting motion with waiver of rule 4001(a)(3) to avoid confusion on this issue for state court.
Debtor(s):
Chia Jung Chou Represented By Sam X J Wu
Joint Debtor(s):
Jesus Guillermo Orozco Represented By Sam X J Wu
Movant(s):
Denny Koo Represented By
10:00 AM
James R Selth
Jing Wang Represented By
James R Selth
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:19-01036 Garcia v. Carroll
fr. 4-9-19, 8-13-19, 11-12-19, 2-11-20, 4-28-20, 6-30-20
Docket 1
ZoomGov Appearance by:
8/31/20 - David Almaraz, (818)881-5000 8/31/20 - Alexander Kasendorf, (818)881-5000
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
2:00 PM
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:
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.
11/18/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- February 11, 2019 at 2 Extended discovery cutoff -- December 31, 2019
L/D to lodge order appointing mediators -- November 29, 2019 L/D to complete mediation -- February 11, 2019
12/19/19 -- Court approved order appointing mediators. 1/29/20 -- Court approved stipulation setting following dates:
2:00 PM
Cont'd date for completion of mediation -- April 28, 2020 Cont'd status conference -- April 28, 2020 at 2:00 p.m. L/D to file joint status report -- April 14, 2020
OFF CALENDAR FOR FEBRUARY 11, 2020.
3/25/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- June 30, 2020 Cont'd status conference -- June 30, 2020 at 2:00 p.m. L/D to file joint status report -- June 16, 2020
OFF CALENDAR FOR APRIL 28, 2020.
6/12/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- July 31, 2020 Cont'd status conference -- September 1, 2020 at 2:00 p.m.
OFF CALENDAR FOR JUNE 30, 2020.
Tentative Ruling for September 1, 2020:
Have the parties now completed a second day of mediation? Was it successful? If not, have the parties now completed discovery? If not, are the parties requesting an extension of the discovery cutoff? Hearing required.
Debtor(s):
John Carroll Represented By
Allan D Sarver
Defendant(s):
John Carroll Represented By
David M Almaraz
2:00 PM
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#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 8-27-19, 11-19-19, 12-17-19, 1-14-20, 3-31-20 5-5-20, 7-14-20, 8-4-20
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed
1/31/2020 - Second Amended Complaint filed. 4/27/20 - Second Amended 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.
2:00 PM
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.
Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.
Tentative Ruling for March 31, 2020:
Defendant has filed a motion to dismiss, but has not served a notice of hearing on that motion despite having been instructed by the Court to do so. Court will prepare and enter an order denying that motion without prejudice and setting a new deadline of April 14, 2020 for defendant to either answer or file and notice a hearing on a motion to dismiss. Defendant must give not less than 21 days' notice of the hearing on her motion and must select an appropriate hearing date by using the self-calendaring instructions on Judge Bluebond's page on the Court's website.
Order prepared by the Court should continue the status conference to May 5, 2020 at 2:00 p.m. THE PARTIES SHOULD JOINTLY PREPARE a joint
status report that should be filed with the Court not later than April 21, 2020.
APPEARANCES WAIVED ON MARCH 31, 2020.
Tentative Ruling for May 5, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
2:00 PM
6/9/20 -- At hearing on motion to strike cross-complaint, court continued status conference to August 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JULY 14, 2020. NO APPEARANCE REQUIRED.
----------------------------------------------
Tentative Ruling for August 4, 2020:
Set discovery cutoff for late October, 2020. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
8/3/20 -- At request of parties, continue hearing to September 1, 2020 at 2:00
p.m. OFF CALENDAR FOR AUGUST 4, 2020. NO APPEARANCE REQUIRED.
Tentative Ruling for September 1, 2020:
At hearing held August 26, 2020 on debtor's motion to dismiss bankruptcy case, court continued hearing to September 9, 2020. Continue this status conference to September 29, 2020 at 2:00 p.m. so that court can resolve motion to dismiss case before the continued status conference.
APPEARANCES WAIVED ON SEPTEMBER 1, 2020.
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
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:20-01126 Pouladian v. Deco Enterprises, Inc. et al
Docket 14
Deny motion as moot. Deco has now filed amended complaint that no longer contains asserts any claims against movant.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Defendant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Craig Allen Pro Se
Movant(s):
Benjamin Pouladian Represented By
2:00 PM
John R Yates
Plaintiff(s):
Benjamin Pouladian Represented By John R Yates
2:00 PM
Adv#: 2:20-01126 Pouladian v. Deco Enterprises, Inc. et al
fr. 7-14-20
Docket 1
According to the parties' status report, a mediation must be completed in a related LASC action by July 31, 2020. Have the parties scheduled a mediation date? Hearing required.
7/21/20 -- Court approved scheduling order with following dates:
L/D for Edith Pouladian to file and serve response to cross-complaint -- August 4, 2020
L/D for plaintiff to file and serve opposition to motion to dismiss (if response is a motion to dismiss) -- August 18, 2020
L/D for Edith Pouladian to file and serve reply to any such opposition -- August 25, 2020
Contined status conference and hearing on any motion to dismiss -- September 1,
2:00 PM
2020 at 2:00 p.m.
Tentative Ruling for September 1, 2020:
What is the status of this matter? Set deadline for filing of responses to first amended cross-complaint. How long do the parties anticipate it will take to conduct discovery? Hearing required.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Defendant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Craig Allen Pro Se
Plaintiff(s):
Benjamin Pouladian Represented By John R Yates
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
NONE LISTED -
10:00 AM
NONE LISTED -
10:00 AM
fr. 1-8-20, 4-29-20
Docket 369
Ruling from January 8, 2020:
Court has reviewed trustee's status report. Continue hearing to April 29, 2020 at 10:00 a.m. to give trustee an opportunity to complete her administration of the estate. If case has not been closed by then, trustee should file updated status report by April 22, 2020. APPEARANCES WAIVED ON JANUARY 8, 2020.
Tentative Ruling for April 29, 2020:
Docket does not reflect any filings since last hearing. When will trustee be in a position to close this case? Hearing required.
Tentative Ruling for September 2, 2020:
10:00 AM
Court has reviewed trustee's status report. Continue hearing to January 6, 2021 at 10:00 a.m. to give trustee an opportunity to complete her administration of the estate. If case has not been closed by then, trustee should file updated status report by December 30, 2020. APPEARANCES WAIVED ON SEPTEMBER 2, 2020.
Debtor(s):
Daniel Louis Reece Represented By James A Hayes Jr James R Selth
Joint Debtor(s):
Kimberly Ann Reece Represented By James A Hayes Jr James R Selth
Trustee(s):
Diane C Weil (TR) Pro Se
10:00 AM
[Presumption of undue hardship]
Docket 16
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):
Adolfo Perez Represented By
Ivette Teran
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 17
Vacate OSC. Debtor has now paid all installments. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER VACATING OSC.
Debtor(s):
Tori Ellen Rodger Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 89
8/17/20 - Heairng to be reschedule to 9/2/20 @ 11am to be heard with the OSC and the Scheduling and Case Management Conference
MOVED TO 11:00 A.M. CALENDAR.
Debtor(s):
Pablo Meza Represented By
Ruben Fuentes
11:00 AM
Docket 89
ZoomGov Appearance by:
8/31/20 - Kenneth Lau, (818)794-7430
Deny motion. Court will not grant a motion authorizing a nonexistent sale. There is no proposed buyer, proposed sale agreement or proposed sale terms. Court cannot ascertain whether sale is in best interest of the estate or to an arms length purchaser in good faith as there is no purchaser.
Moreover, motion does not address the issues raised by the fact that the debtor's ex-wife owns an interest in the property.
Debtor(s):
Pablo Meza Represented By
Ruben Fuentes
11:00 AM
Dismissed or Chapter 11 Trustee Appointed fr. 7-15-20
Docket 76
ZoomGov Appearance by:
8/31/20 - Kenneth Lau, (818)794-7430
Tentative Ruling for July 15, 2020:
11:00 AM
Final Ruling for July 15, 2020:
Continue hearing to September 2, 2020 at 11:00 a.m. If there is no sale motion on file by the continued hearing date, the court will convert the case. Debtor should file updated status report by August 21, 2020.
Tentative Ruling for September 2, 2020:
The debtor filed a motion by the deadline established by the court, but it
11:00 AM
hardly satisfied the requirement imposed by the court for moving this case forward. Debtor did not locate a purchaser, sign and agreement subject to court approval and file a motion for court approval of that agreement. The motion filed does not demonstrate that the debtor is diligently proceeding with a sale of the property.
Convert case to chapter 7. A chapter 7 trustee can take the steps necessary to sell the debtor's interest in the property.
Debtor(s):
Pablo Meza Represented By
Ruben Fuentes
11:00 AM
Docket 1
ZoomGov Appearance by:
8/31/20 - Kenneth Lau, (818)794-7430
1/9/20 -- At hearing held this date, court continued case status conference to March 11, 2020 at 11:00. OFF CALENDAR FOR JANUARY 15, 2020.
Debtor should file updated status report not later than March 2, 2020. Tentative Ruling for March 11, 2020:
Set bar date and deadline for debtor to serve notice of bar date. Continue status conference approximately 90 days and set deadline for filing of updated status report.
Final Ruling for March 11, 2020:
Court set following dates. Last day to serve notice of bar date -- March 20, 2020. Bar date -- Apri 30, 2020. Continued status conference -- June 17,
11:00 AM
2020 at 2:00 p.m. Date disclosure statement can be heard if timely filed (June 17, 2020 at 2:00 p.m.) Last day to file status report -- June 5, 2020 (but status report waived if court will be conducting hearing on disclosure statement at same time as status conference). Debtor to lodge scheduling order.
Tentative Ruling for June 17, 2020:
Debtor served notice of bar date on March 19, 2020, but never lodged scheduling order, so there is no bar date. Impose sanctions of $150 on counsel for debtor for failing to lodge scheduling order in a timely manner as directed by the court. Also missing, presumably because counsel did not lodge a scheduling order, is the status report that should have been filed by June 5, 2020 in light of the fact that debtor did not file a plan and disclosure statement.
What is the status of this case? What is going on? Hearing required.
Tentative Ruling for July 15, 2020:
Tentative Ruling for September 2, 2020:
Take status conference off calendar in light of conversion of case to chapter 7.
Debtor(s):
Pablo Meza Pro Se
11:00 AM
Docket 204
ZoomGov Appearance by:
8/31/20 - Bruce Landau, (310)838-1507
8/31/20 - Kenneth Lau, (818)794-7430
Grant in part and deny in part. Court is not inclined to approve cash collateral for an indefinite period. Grant motion for an additional three to four month period (to correspond to the period in a budget provided to the court for this purpose). Order granting motion should continue replacement liens and reporting requirements. Delete erosion covenant.
Court is confused by lender's comments about priming liens. The court does not see anything in this motion requesting authority to enter into post-petition financing with a new lender or requesting that any existing liens be primed. If the debtor wants that relief, it will need to file a motion requesting that relief.
Debtor(s):
Deco Enterprises, Inc. Represented By
11:00 AM
Raymond H. Aver
2:00 PM
Docket 24
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Spencer Williams Represented By Julie J Villalobos
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 601
ZoomGov Appearance by:
8/27/20 - Giovanni Orantes, (213)389-4362 8/31/20 - Kenneth Lau, (818)794-7430
Counsel's application includes neither a written statement from the client concernig the requested fees or a declaration from applicant attesting to his inability to obtain such a statement. Did counsel attempt to obtain such a statement and, if so, what was the result? Hearing required.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
2:00 PM
2:00 PM
[Fees requested: $84387.75, Expenses: $604.82]
Docket 598
ZoomGov Appearance by:
8/31/20 - Kenneth Lau, (818)794-7430
Grant application. Allow on a final basis as a chapter 11 expense of administration fees of $84,387.75 (amount shown in notice) and costs of $1,461.50. Authorize application of any retainer held by applicant and any interim payments received by professional.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio. Please review your specific calendar matter for the ZoomGov login/password.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Docket 618
Grant. Extend deadline to object to debtor's discharge to December 19, 2020. Waive appearances. U.S. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
10:00 AM
Docket 40
Grant motion. Issue order requiring counsel to disgorge $500 in fees paid by debtor. Appearances waived. U.S. Trustee is authorized to upload order consistent with tentative ruling.
Debtor(s):
Hortencia Alvarado Represented By Douglas E Klein
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio. Please review your specific calendar matter for the ZoomGov login/password.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: OM YERMO, LLC. FR 7-21-20
Docket 45
7/14/20 -- Court approved stipulation continuing hearing to September 8, 2020 at 10:00 a.m. OFF CALENDAR FOR JULY 21, 2020.
The multiple bankruptcy filings here were not the result of a scheme to hinder, delay or defraud creditors. Debtor refiled chapter 7 (with the court's permission) after the court concluded that the debtor's case did not belong in chapter 11 (or that debtor seemed either unwilling or unable to take the steps necessary to diligently prosecute a chapter 11 case). Trustee is now proceeding diligently forward with a sale of the property that should satisfy all liens. There is now insurance on the property and an adequate equity cushion to provide protection while the trustee consummates a sale. Deny motion without prejudice to renewing the motion if the trustee fails to move forward diligently with the sale process.
10:00 AM
(NOTE: Court is confused. Motion represents that trustee has 3 buyers interested in the property doing their due diligence and that the trustee anticipates having an offer within 30 days. Did the sale that the court already approved fall through?)
Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
Movant(s):
OM Yermo LLC Represented By John E Lattin
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
10:00 AM
362(c)(4)(A)(ii) n/a MOVANT: U.S. TRUSTEE
Docket 72
Resolved by stipulation. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Gardena Business Group LLC Represented By Ronald W Ask
Movant(s):
United States Trustee (LA) Represented By Russell Clementson
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
10:00 AM
2:00 PM
Adv#: 2:20-01069
Leslie v. Gutierrez et al
Telephonic Hearing
fr. 6-2-20
Docket 1
Set discovery cutoff for October 30, 2020. Continue status conference to September 8, 2020 at 2:00 p.m. Parties should file updated joint status report not later than August 25, 2020. Plaintiff should lodge scheduling order with these dates.
APPEARANCES WAIVED ON JUNE 2, 2020.
6/4/20 -- Court approved scheduling order with the following dates: Cont'd status conference -- September 8, 2020 at 2:00 pm
L/D to file joint status report -- August 25, 2020 L/D to complete discovery -- October 30, 2020
8/25/20 -- Court approved stipulation continuing hearing to October 6, 2020 at 2:00
p.m. OFF CALENDAR FOR SEPTEMBER 8, 2020.
2:00 PM
Debtor(s):
Lydia C Gutierrez Pro Se
Defendant(s):
Alvaro J. Gutierrez Represented By Grace White
Luis E. Gutierrez Represented By Grace White
Crystal Adilene Yanez Represented By Grace White
Plaintiff(s):
Sam S. Leslie Represented By
Toan B Chung
Trustee(s):
Sam S Leslie (TR) Represented By Toan B Chung
2:00 PM
Adv#: 2:10-01901 Bognar et al v. Galante
Docket 59
Grant motion. Renew judgment for additional 10 years and amend judgment to add aliases "Raffaele Galante III", "Rafaele Galante", "Ralph P. Galante III", "Raffaele Galante", "Ralph Peter Galante", and "Ralph Peter Galante Jr."
Debtor(s):
Ralph P. Galante Represented By Marijana Stanojevic
Defendant(s):
Ralph P. Galante Pro Se
Movant(s):
Jeannine Bognar Represented By William R Cumming Sharon Oh-Kubisch
Lee Bognar Represented By
2:00 PM
William R Cumming Sharon Oh-Kubisch
Plaintiff(s):
Jeannine Bognar Represented By William R Cumming Sharon Oh-Kubisch
Lee Bognar Represented By
William R Cumming Sharon Oh-Kubisch
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al
Docket 228
The Court entered a money judgment. If the defendant does not have the financial wherewithal to post a bond, why is he concerned about the trustee's ability to collect on the judgment? Movant has not made a showing sufficient to warrant issuance of a stay pending appeal without posting a bond. Court does not believe that there is a significant prospect of success on appeal, that denial of a stay will result in irreparable injury, or that the balance of hardships or the public interest weighs in movant's favor. Moreover, the motion does not establish that defendant has the clear ability to pay the judgment and therefore need not be required to post a bond. In fact, to the contrary, movant argues in the motion that he lacks the financial wherewithal to even post a bond. If movant would like a stay pending appeal, he may post a bond in an amount sufficient to pay the judgment in full, including post-judgment interest. (NOTE 1: Trustee seems to have misunderstood reference to
$10,000 bond in the motion. Movant contends that that is what it will cost him to post a $100,000 bond, not that the bond should be in this amount. NOTE 2: Trustee cites to Local Rule 151(d) as support for his argument that any bond posted should be for at least $150,000. Court has been unable to locate any such rule.)
2:00 PM
Debtor(s):
Chonghee Jane Kim Represented By Young K Chang Rosendo Gonzalez
Defendant(s):
TD Foreclosure Services, Inc. Represented By Michael A Coletti
GB INLAND PROPERTIES, LLC Represented By
Kirsten A Worley
Benjamin Hooshim Represented By
Andrew Edward Smyth 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):
Alexandre Oh Represented By
Andrew Edward Smyth Stephen S Smyth
Plaintiff(s):
Edward M Wolkowitz Represented By
2:00 PM
Trustee(s):
Matthew Abbasi
Edward M Wolkowitz (TR) Represented By Matthew Abbasi
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required, but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Docket 631
Grant. Extend trustee's deadline to object to discharge to December 19, 2020 to run concurrently with U.S. Trustee's deadline.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Movant(s):
John J Menchaca (TR) Represented By Elissa Miller
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
10:00 AM
Docket 18
Grant.
Debtor(s):
Ernesto Favela Represented By Steven Ibarra
Joint Debtor(s):
Marnie Josephine Favela Represented By Steven Ibarra
Movant(s):
Ernesto Favela Represented By Steven Ibarra
Marnie Josephine Favela Represented By Steven Ibarra Steven Ibarra
10:00 AM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 75
Tentative Ruling for August 26, 2020:
Continue hearing on motion to give debtor an opportunity to serve remaining creditors, Office of the U.S. Trustee and chapter 7 trustee and to file declaration(s) in support of factual representations made in motion. (NOTE: If court were to grant motion to dismiss, it would impose a 2-year bar to refiling, so debtor should not proceed with this motion if she has any present intention of returning to bankruptcy court.)
Final Ruling for August 26, 2020:
Debtor should file and serve declaration with information referenced in tentative ruling not later than September 2, 2020. New declaration and all moving papers must be served on UST, chapter 7 trustee and rest of creditors. Any supplemental oppositions must be filed and served in such a way as to be received by noon on September 8, 2020. (Debtor agrees that any dismissal may be with 2-year bar to refiling.) Court advised that, if the
10:00 AM
case is dismissed, it would remand adversary proceeding removed from state court.
Tentative Ruling for September 9, 2020:
Grant motion. Discuss with parties how to accomplish a remand of any litigation that remains to be resolved between parties. (Court previously agreed that matter should be remanded, but the only action currently open and pending is not the one that was removed from state court. It is an entirely new, combined adversary proceeding.) Hearing required.
Debtor(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
[OST]
Docket 209
ZoomGov Appearance by:
9/3/20 - Renee Singer, (203)939-7221
9/3/20 - Jim Persico, (203)939-7221
9/8/20 - Bruce Landau, (310)838-1507
9/8/20 - Kenneth Lau, (818)794-7430
9/9/20 - Raymond Aver, (310)571-3511
Grant in part. Give debtor an additional 30 days beyond existing exclusivity periods. It is time for this case to move forward and for debtor to propose a plan.
10:00 AM
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
11:00 AM
Docket 1
ZoomGov Appearance by:
9/8/20 - Ronald Ask, (951)684-5608
Continue hearing to September 16, 2020 at 11:00 a.m. to be heard concurrently with U.S. Trustee's motion to dismiss or convert.
APPEARANCES WAIVED ON SEPTEMBER 9, 2020.
Debtor(s):
Hallmark Ventures, LLC Represented By Ronald W Ask
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required, but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: US BANK, NA
Docket 22
9/11/20 - Diane Weifenbach, (714)695-6637
Deny motion without prejudice. There is amply equity in the property to provide movant with adequate protection and there is equity in the property from the debtor's perspective.
9/11/20 -- Court approved stipulation continuing hearing to October 6, 2020 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 15, 2020.
Debtor(s):
Christopher Gordon Fields Represented By Brian J Soo-Hoo
Movant(s):
10:00 AM
U.S. BANK NATIONAL Represented By Diane Weifenbach
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: FORD MOTOR CREDIT COMPANY, LLC.
Docket 40
ZoomGov Apppearance by: 9/11/20- Sheryl Ith, (714)431-1029
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Nathaniel Luis Anthony Fonnegra Represented By
Eric Bensamochan
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang Sheryl K Ith
10:00 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: TRICOAST BUILDERS, INC.
Docket 45
In the judgment attached to the motion, the debtor is the only defendant. Who are the other parties against whom the movant intends to primarily proceed? A memorandum of points and authorities explaining the facts of this case in more detail would have been useful. Hearing required.
Debtor(s):
Nathaniel Luis Anthony Fonnegra Represented By
Eric Bensamochan
Movant(s):
Tricoast Builders, Inc. Represented By Michael Connette
10:00 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MOVANT: DEBRA DREW WATKINS
Docket 13
Grant in part. Grant motion to the extent necessary to permit movant to enforce claims for domestic support obligations from property that is not property of the bankruptcy estate and from the debtor's pension and defined benefit contribution account. Motion appears to request relief from stay to enforce these obligations generally, including as against the pension. This is problematic, as movant should not be permitted to enforce these obligations as against other property of the bankruptcy estate.
What post-petition actions does the motion seek to validate through annulment of the stay?
Debtor(s):
Dominic Watkins Represented By Andrew Goodman
10:00 AM
Movant(s):
Debra Drew Watkins Represented By Raymond H. Aver
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:19-01062 Gonzalez et al v. Sanchez et al
Sanchez
fr. 5-7-19, 9-10-19, 1-14-20, 4-14-20, 7-21-20
Docket 1
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
2:00 PM
currently contemplating filing any pretrial motions?
Tentative Ruling for January 14, 2020:
Status report states that, if the trustee's proposed compromise is approved, Darnell will be substituted in as plaintiff in this action in lieu of the trustee.
Have all the existing claims been resolved? If so, does Darnell plan to file an amended complaint or should Darnell file a new adversary proceeding asserting these claims? Are there statute of limitations issues?
Hearing required.
Tentative Ruling for August 14, 2020:
Court is reluctant to set discovery cutoff at this time in light of current pandemic situation. Continue status conference to July 21, 2020 at 2:00 p.m. Parties should file updated status report by July 7, 2020. APPEARANCES WAIVED ON APRIL 14, 2020.
Tentative Ruling for July 21, 2020:
Status report says "Real Party in interest was assigned the case by the Chapter 7 Trustee pursuant to Order entered 1/21/20." The docket for this adversary proceeding does not reflect that Alma Darnell has been substituted in as a/the plaintiff. That order says that "Trustee shall either dismiss the Trustee Adversary or allow the substitution of Darnell as plaintiff, "real party in interest," pursuant to the assignment provided for herein . . . ." Neither has happened.
Now that the trustee is no longer a party to this action and outcome of this action will not have any effect on the estate or the distributions that creditors are likely to receive in the underlying bankruptcy case, dismiss action without prejudice for want of subject matter jurisdiction.
9/1/20 -- Court approved stipulation re dismissal. OFF CALENDAR.
2:00 PM
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
Alma Darnell Represented By Kathy McCormick
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:19-01185 Sallyport Commercial Finance, LLC v. Chen
fr. 8-27-19, 12-10-19, 3-10-20, 6-9-20
Docket 1
9/11/20 - Anne Manalili, (818)382-3434
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
2:00 PM
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.
12/10/20 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020
New deadline for completion of mediation -- March 10, 2020
Tentative Ruling for March 10, 2020:
Discuss with parties feasibility of proceeding with depositions and mediation via telephone and making other arrangements for production of documents in light of travel ban.
3/17/20 -- Court approved scheduling order setting following dates:
Cont'd status conference -- June 9, 2020 at 2:00 p.m. L/D to file joint status report -- May 26, 2020
L/D to complete mediation -- June 9, 2020
Tentative Ruling for June 9, 2020:
How optimistic (or pessimistic) are the parties that the ongoing virtual mediation will lead to a settlement?
If defendant is not in a position to participate meaningfully in discovery in light of his presence and that of the documents in China, discuss with the parties the prospect that the Court may need to dismiss the underlying bankruptcy case.
2:00 PM
Tentative Ruling for September 15, 2020:
Parties report that matter has been settled through mediation. Continue status conference to November 3, 2020 at 2:00 p.m. to give the parties an opportunity to have settlement signed and to seek approval of dismissal of 727 claims. OFF CALENDAR FOR SEPTEMBER 15, 2020.
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 Anne C Manalili
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
2:00 PM
Adv#: 2:19-01176 Siemens Financial Services, Inc., a Delaware corpo v. Avakian
fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20
Docket 1
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/6/19 -- Court approved scheduling order with following dates: Cont'd status conference -- March 10, 2020 at 2
L/D to file joint status report -- February 25, 2020 L/D to complete mediation -- March 10, 2020
L/D to lodge order appointing mediators -- December 24, 2020 12/27/19 -- Court approved order appointing mediators.
Tentative Ruling for March 10, 2020:
2:00 PM
When court sets a deadline, parties should either comply with that deadline or file a stipulation requesting an extension of that deadline.
Hearing required.
3/12/20 -- Court approved scheduling order with following dates:
Cont'd status conference -- 6/16/20 at 2:00 pm L/D to file joint status report -- 6/2/20
L/D to complete mediation -- 6/16/20
Tentative Ruling for June 16, 2020:
Parties have requested an extension of the deadline to complete mediation to July 31, 2020 and a continuance of the status conference to a date thereafter. Plaintiff may lodge scheduling order extending deadline for completion of mediation to July 31, 2020 and continuing status conference to September 15, 2020 at 2:00 p.m.
Continue status conference to September 15, 2020 at 2:00 p.m. APPEARANCES WAIVED ON JUNE 16, 2020.
6/17/20 -- Court approved scheduling order with following dates: Cont'd status conference -- September 15, 2020 at 2:00 p.m.
L/D to file joint status report -- September 1, 2020 L/D to complete mediation -- July 31, 2020
7/20/20 -- Court approved for entry stipulated judgment resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
Defendant(s):
Sergik Avakian Represented By
2:00 PM
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, 12-3-19, 3-10-20, 6-16-20
Docket 1
Continue status conference for approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
12/27/19 -- Court approved order appointing mediators.
Final Ruling for March 10, 2020:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties are to file joint status report not later than February 25, 2020. Parties should lodge an order appointing mediators not later than December 24, 2020 and should complete a day of mediation not later than March 10, 2020. Plaintiff should lodge scheduling order.
2:00 PM
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order. Impose sanctions of $150 each on counsel for parties for failing to file joint status report in a timely manner.
Did the parties complete a day of mediation as previously ordered by the Court? If not, why not?
Hearing required.
Tentative Ruling for June 16, 2020:
Continue status conference approximately 90 days. Order parties to complete a day of mediation prior to date of continued status conference.
7/7/20 -- Court approved order appointing mediators.
7/10/20 -- Court approved scheduling order with following dates: Cont'd status conference -- September 15, 2020 at 2:00 p.m.
L/D to file joint status report -- September 1, 2020
L/D to lodge order appointing mediators -- July 7, 2020 L/D to complete mediation -- September 15, 2020
Tentative Ruling for September 15, 2020:
Why didn't the parties complete mediation by the deadline that the court established for this purpose? Hearing required.
9/11/20 -- Court approved stipulation continuing deadline to complete mediation to October 5, 2020 and continuing status conference to October 13, 2020 at 2:00 p.m.
OFF CALENDAR FOR SEPTEMBER 15, 2020.
Debtor(s):
Sergik Avakian Represented By Matthew D. Resnik
2:00 PM
Defendant(s):
Sergik Avakian Represented By Matthew D. Resnik
Plaintiff(s):
ACRA SEIKI, Inc., a California Represented By Marshall L Brubacher Matthew D. Resnik
Acra Machinery, Inc., a California Represented By
Marshall L Brubacher Matthew D. Resnik
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:20-01157 Yoo v. Morga et al
Docket 1
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.
9/11/20 -- Court approved stipulation continuing deadline to respond to complaint to September 14, 2020 and continuing status conference to October 20, 2020 at 2:00 p.m. OFF
CALENDAR FOR SEPTEMBER 15, 2020.
Debtor(s):
Juanita Frances Lohran Represented By Timothy McFarlin
Defendant(s):
Teresa Ann Morga Pro Se
Juanita Frances Lohran Pro Se
2:00 PM
Plaintiff(s):
Timothy J Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:20-01159 Yoo v. Kreimann et al
Docket 1
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.
9/11/20 -- Court approved stipulation continuing deadline to respond to complaint to September 14, 2020 and continuing status conference to October 20, 2020 at 2:00 p.m. OFF
CALENDAR FOR SEPTEMBER 15, 2020.
Debtor(s):
Juanita Frances Lohran Represented By Timothy McFarlin
Defendant(s):
Max Kreimann Pro Se
Juanita Frances Lohran Pro Se
2:00 PM
Max Kreimann as Trustee of the Pro Se
Plaintiff(s):
Timothy J Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
fr. 8-4-20
Docket 37
6/30/20 -- At hearing held this date, court continued hearing on summary judgment motion to September 15, 2020 at 2:00 p.m. OFF CALENDAR FOR AUGUST 4, 2020.
8/12/20 -- At hearing held this datre, Court continued status conference and hearing on summary judgment motion to October 13, 2020 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 15, 2020.
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
2:00 PM
Defendant(s):
Joseph Lanius Represented By Stella A Havkin Steven M Berman
Burgee & Abramoff, P.C. Represented By Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
John Burgee Represented By
Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Robert Abramoff Represented By Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Lanius Law & Associates, P.C. Represented By Stella A Havkin Steven M Berman
Movant(s):
Carolyn A Dye (TR) Represented By Steven M Berman Stella A Havkin
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman Stella A Havkin
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
2:00 PM
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
fr. 8-27-19, 11-19-19, 12-17-19, 2-11-20; 6-30-20
Docket 1
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
2:00 PM
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.
12/16/19 -- Court approved stipulation continuing hearing to February 11, 2020 at 2:00 p.m. OFF CALENDAR FOR DECEMBER 17, 2019.
Tentative Ruling for February 11, 2020:
Set discovery cutoff for late July, 2020. Set final status conference for shortly before discovery cutoff.
4/22/20 -- Court approved scheduling order with the following dates: Cont'd status conference -- June 30, 2020 at 2:00 p.m.
L/D to file joint status report -- June 16, 2020 Discovery cutoff -- July 31, 2020
Tentative Ruling for June 30, 2020:
Continue status conference to August 4, 2020 at 2:00 p.m. to be heard concurrently with motion for summary judgment. OFF CALENDAR FOR JUNE 30, 2020.
6/30/20 -- Court signed scheduling order with following dates: Discovery cutoff -- October 31, 2020
Cont'd status conference -- September 15, 2020 at 2 L/D to file joint status report -- September 1, 2020
L/D to exchange expert witness reports/designate experts -- November 16, 2020
L/D to complete expert discovery -- December 1, 2020
8/12/20 -- At hearing held this datre, Court continued status conference and
2:00 PM
hearing on summary judgment motion to October 13, 2020 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 15, 2020.
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 Stella A Havkin Steven M Berman
John Burgee Represented By
Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Robert Abramoff Represented By Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Lanius Law & Associates, P.C. Represented By Stella A Havkin Steven M Berman
Joseph Lanius Represented By Stella A Havkin Steven M Berman
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman
2:00 PM
Trustee(s):
Stella A Havkin
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, 12-17-19, 2-11-20, 6-30-20
Docket 1
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.
2:00 PM
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.
Tentative Ruling for February 11, 2020:
Set discovery cutoff for early June, 2020. Set final status conference for shortly before discovery cutoff.
4/22/20 -- Court approved scheduling order with the following dates: Cont'd status conference -- June 30, 2020 at 2:00 p.m.
L/D to file joint status report -- June 16, 2020 Discovery cutoff -- July 31, 2020
Tentative Ruling for June 30, 2020:
Set discovery cutoff for late November, 2020. Set deadline for filing pretrial motions. Set final status conference for approximately 90 to 120 days.
6/30/20 -- Court signed scheduling order with following dates: Discovery cutoff -- October 31, 2020
Cont'd status conference -- September 15, 2020 at 2 L/D to file joint status report -- September 1, 2020
L/D to exchange expert witness reports/designate experts -- November 16, 2020
L/D to complete expert discovery -- December 1, 2020
8/28/20 -- Court approved compromise between trustee and defendant Max Charles Moore III resolving all claims against him.
2:00 PM
Tentative Ruling for September 15, 2020:
Continue status conference to October 20, 2020 at 2:00 p.m. to be heard concurrently with Trustee's motion for partial summary adjudication. Parties need not file new status report for that conference. OFF CALENDAR FOR SEPTEMBER 15, 2020.
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
11:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
11:00 AM
NONE LISTED -
NONE LISTED -
11:00 AM
Debtor received Credit Counseling post petition fr. 8-26-20
Docket 16
Tentative Ruling for August 26, 2020:
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.)
11:00 AM
Final Ruling for August 26, 2020:
Debtor reports that he took course on June 28, 2020, but may not have been an authorized provider. Debtor must file and serve declaration setting forth details not later than September 9, 2020. Court continued hearing to September 16, 2020 at 10:00 a.m.
Tentative Ruling for September 16, 2020:
Did debtor file declaration requested by court. If not, dismiss case. (No bar to refiling.)
Debtor(s):
Zaki Jahan Francis-Shakoor Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 12
Declaration is sufficient to establish exigent circumstances, but not that the debtor requested counseling and was unable to obtain counseling within a period of seven days. 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.)
11:00 AM
Debtor(s):
HOWARD DOUGLAS BEATTY Represented By
Leonardo Drubach
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
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,
8-15-19, 3-11-20, 6-17-20
Docket 1
4/3/20 - Notice to pay court costs in the amount of $350.00 sent to M. Jonathan Hayes, Attorney for Debtors
6/2/20 - Court Cost has NOT been paid to the Court in the amount of
$350.00.
ZoomGov Appearance by:
9/14/20 - Kenneth Lau, (818)794-7430
Tentative Ruling for January 15, 2020:
According to reorganized debtor's post-confirmation status report, the reorganized debtor is currently delinquent on a variety of payments due under its confirmed plan. The status report represents that these arrearages will have been cured by the date of the status conference. Has this occurred? Is
11:00 AM
the reorganized debtor now current on its plan payments? Hearing required.
Final Ruling for January 15, 2020:
Debtor has not cured arrearages as of January 14, 2020, but thinks it will be able to do so by the end of January and that it will be able to make February payments. Continue status conference to March 11, 2020 at 11:00 a.m.
Reorganized debtor should file updated status report not later than February 28, 2020.
Tentative Ruling for March 11, 2020:
Reorganized debtor filed status report belatedly on March 5, 2020. Debtor failed to make the February payments and is having checks returned from two secured creditors. Status report represents that reorganized debtor will cure arrearages before the hearing. Has this occurred? What is the debtor doing about the creditors' whose checks are being returned?
Hearing required.
6/3/20 -- At hearing held this date, Court continued status conference to September 16, 2020 at 11:00 a.m. Reorganized debtor should file and serve updated status report not later than September 4, 2020. OFF CALENDAR FOR JUNE 17, 2020.
Tentative Ruling for September 16, 2020:
At request of reorganized debtor, continue post-confirmation status conference to December 16, 2020 at 11:00 a.m. Debtor should file updated status report accompanied by declaration not later than December 4, 2020. APPEARANCES WAIVED ON SEPTEMBER 16, 2020.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
11:00 AM
Docket 107
ZoomGov Appearance by:
9/14/20 - Kenneth Lau, (818)794-7430
9/14/20 - David Jacob, (213)293-5931
Deny motion. Court is not satisfied that debtor is sufficiently motivated to sell this property promptly, and funds borrowed to pay maintenance expenses will be used up if property is not sold promptly. Issue OSC why chapter 11 trustee should not be appointed or case converted to chapter 7. Set OSC for hearing on September 30, 2020 so that hearing may be held concurrently with motion to dismiss and motion for relief from stay.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
11:00 AM
Docket 38
ZoomGov Appearance by:
9/14/20 - Kenneth Lau, (818)794-7430
9/14/20 - Ronald Ask, (951)684-5608
The debtor is not operating and is not generating any income. The debtor's sole asset is a undeveloped piece of property in Buttonwillow, California. The property is not insured. Debtor has not filed a projected cash flow statement or a statement of major issues and timetable report. Debtor has not filed taxes for 2018 or 2019. Debtor has not paid its quarterly fees to the U.S. Trustee. According to the schedules, the property is overencumbered.
Grant motion. Dismiss case with 180-day bar to refiling, or, if debtor believes that there is equity in the property (and that the valuation set forth on the schedules is inaccurate), convert case to chapter 7.
Debtor(s):
Hallmark Ventures, LLC Represented By Ronald W Ask
11:00 AM
11:00 AM
Docket 1
ZoomGov Appearance by:
9/8/20 - Ronald Ask, (951)684-5608
9/14/20 - Kenneth Lau, (818)794-7430
Continue hearing to September 16, 2020 at 11:00 a.m. to be heard concurrently with U.S. Trustee's motion to dismiss or convert.
APPEARANCES WAIVED ON SEPTEMBER 9, 2020.
Debtor(s):
Hallmark Ventures, LLC Represented By Ronald W Ask
11:00 AM
Docket 25
ZoomGov Appearance by:
9/11/20- Christopher Minier, (949)851-7450 9/14/20 - Kenneth Lau, (818)794-7430
9/14/20 - Ronald Ask, (951)684-5608
Debtor has not filed opposition to the motion. In its status report, debtor contends that it is in compliance, but motion lists many items that have not been filed or submiitted to the U.S. Trustee. Has the debtor provided any of the missing items since the motion was filed? Hearing required.
Debtor(s):
Valley Equities, LLC Represented By Ronald W Ask
11:00 AM
Docket 1
ZoomGov Appearance by:
9/11/20- Christopher Minier, (949)851-7450 9/14/20 - Kenneth Lau, (818)794-7430
9/14/20 - Ronald Ask, (951)684-5608
Revisit status of case after conclusion of hearing on U.S. Trustee's motion to dismiss or convert.
Debtor(s):
Valley Equities, LLC Represented By Ronald W Ask
11:00 AM
Docket 31
8/19/20 - Court costs due in the amount of $350.00.
ZoomGov Appearance by:
9/14/20 - Kenneth Lau, (818)794-7430
9/16/20 - Fred Hickman, (714)315-1565
Debtor's sole asset is a piece of real property that was sold at foreclosure pursuant to an order of this court in a prior case granting in rem relief. There is nothing here to reorganize. Debtor has filed an adversary proceeding to set aside the sale, but this is a two-party dispute that can be resolved in state court. Grant motion. Dismiss case with 180-day bar to refiling.
Debtor(s):
Discovery Estates, LLC Represented By Brandon J Anand
11:00 AM
Docket 1
ZoomGov Appearance by:
9/3/20 - Renee Singer, (203)939-7221
9/3/20 - Jim Persico, (203)939-7221 9/3/20 - Jonathan Loeb, (424)239-3422 9/14/20 - Kenneth Lau, (818)794-7430
9/15/20 - Raymond Aver, (310)571-3511
Continue case status conference to July 14, 2020 at 2:00 p.m. to be heard concurrently with status conference in Pouladian adversary proceeding. Debtor need not file new case status report in connection with July 14 case status conference.
APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for July 14, 2020:
11:00 AM
How are the debtor's operations? Has the debtor been meeting its projections? May 26 status report referred to efforts by the debtor to obtain DIP financing and represented that debtor anticipated filing one or more financing motions by June 25. This hasn't happened. What is the status of debtor's efforts to obtain financing?
Hearing required.
Final Ruling for July 14, 2020:
Continue status conference to September 16, 2020 at 10:00 a.m. (Court changed this to 11:00 a.m.) Debtor should file and serve updated status report not later than September 4, 2020.
Tentative Ruling for September 16, 2020:
Continue case status conference to date that can serve as date of hearing on disclosure statement.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
2:00 PM
Docket 21
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
John Paul Aguilar Represented By Harriet L. Goldfarb
Joint Debtor(s):
Maria Eugena Aguilar Represented By Harriet L. Goldfarb
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 48
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Gilberto Arambula Jr. Represented By
Michael H Colmenares
Joint Debtor(s):
Sully Mariela Jimenez Represented By
Michael H Colmenares
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Docket 72
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Clemmie Janet Graves Represented By Onyinye N Anyama
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carolyn A Dye
2:00 PM
Docket 39
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Brittny Roxanne Randolph Represented By Roland H Kedikian
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
[Fees requested: $1660.00, Expenses: $441.00]
Docket 604
Grant. Allow on a final basis as chapter 11 expense of administration fees of
$18,947.10 and costs of $2,962.36.
Debtor(s):
Samuel Michael Saber Represented By Giovanni Orantes
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
2:00 PM
Docket 145
ZoomGov Appearance by:
9/15/20 - Cassandra Richey, (626)278-6227
(NOTE: Best interests of creditors test (1129(a)(7)) applies to each holder of a claim within the class separately. Approval of a plan by that class does not make the test inapplicble.)
Overrule objection of secured creditor Wilmington Trust. Debtor is not required to duplicate the terms of existing loan. That is not what "indubitable equivalent" means in this context. Moreover, providing for the creditor to realize the indubitable equivalent of its secured claim is only one of the ways to provide the required treatment for a secured creditor in a cramdown context. Another is to provide for the secured creditor to retain its liens and to give that creditor deferred cash payments that have a present value equal to the allowed amount of the secured creditor's claim. The payment terms here include monthly payments of principal and interest (amortized over 40 years but payable at the end of 7) at the rate of 4.25 percent per annum. Although the lender does not find this interest rate appealing, there is no evidence in the objection (no declarations are attached) to support the contention that the
2:00 PM
rate should be higher. The proposed rate is 1 percent over the prime rate, and lender is in first position with more than ample equity to ensure repayment.
With regard to feasibility, the debtor is correct that no guaranty of certainty is required, but the debtor must establish that the plan is not likely to be followed by a need for liquidation or further reorganization not contemplated by the plan. The plan in its current form does not specify what will happen if the debtor defaults on the payments and fails to cure its defaults within the available cure period. The plan states that creditors will be permitted to bring a motion to dismiss or convert, but no additional specificity is provided.
Creditors should not be required to undergo yet another bankruptcy case if the debtors cannot (or will not) sell or refinance the property at the end of 7 years or are unable to make the required payments in the interim. In order to satisfy feasibility requirement, plan should provide for secured creditors to obtain relief from stay that would be binding in any subsequent case in the event that the debtors fail to cure any defaults within the available cure period. In other words, if the debtors fail to make the required payments, lender should be entitled to foreclose.
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
fr. 2-27-19, 6-5-19, 9-4-19, 10-10-19, 11-20-19, 1-8-20, 3-4-20, 3-18-20,
3-26-20, 5-6-20, 7-15-20
Docket 1
ZoomGov Appearance by:
9/15/20 - Cassandra Richey, (626)278-6227
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
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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
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.
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12/13/19 -- Court approved stipulation setting following continued dates:
L/D to file amended plan and disclosure staetment -- January 29, 2020
L/D to file objections to amended plan and disclosure statement -- February 12, 2020
L/D to file response to objections -- February 19, 2020
Hearing on disclosure statement and case status conference -- March 4, 2020 at 2:00 p.m.
OFF CALENDAR FOR JANUARY 8, 2020.
Tenative Ruling for March 26, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for May 6, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for July 15, 2020:
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
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#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required, but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
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NONE LISTED -
NONE LISTED -
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Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
Complaint by Jeffrey J. Bitetti against Steven M. 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, 11-19-19, 1-14-20, 2-11-20, 3-10-20, 3-31-20, 4-28-20
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.
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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.
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1/8/20 -- Court approved stipulation setting following continued dates:
Cont'd pretrial conference -- February 11, 2020 at 2
L/D for Bitetti to take Bren's deposition -- February 10, 2020 L/D to file pretrial motions -- February 10, 2020
OFF CALENDAR FOR JANUARY 14, 2020. PARTIES SHOULD LODGE JOINT PRETRIAL ORDER TWO WEEKS PRIOR TO CONTINUED PRETRIAL CONFERENCE.
1/23/20 -- Court approved stipulation continuing pretrial conference to March 10, 2020 at 2:00 p.m., extending discovery cutoff to March 9, 2020 for limited purposes, extending deadline for filing pretrial motions to March 9, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR FEBRUARY 11, 2020.
2/26/20 -- Court approved stipulation continuing pretrial conference to March 31, 2020 at 2:00 p.m., extending discovery cutoff to March 23, 2020 for limited purposes, extending deadline for filing pretrial motions to March 23, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR MARCH 10, 2020.
Tentative Ruling for March 31, 2020:
Continue pretrial conference to April 28, 2020at 2:00 p.m. PARTIES SHOULD LODGE A SINGLE JOINT PRETRIAL ORDER not later than Apri
14, 2020. Mr. Altagen should participate personally in negotiations concerning the form of the pretrial order. Parties may break the "admitted facts" portion of the pretrial order into two separate parts: (1) facts that have already been adjudicated by the court and therefore require no proof; and (2) facts that are admitted (and therefore require no proof). If the parties disagree about whether something is or is not an issue, that dispute should be preserved in the pretrial order as well. In other words, under the appropriate list of issues (either issues of law or issues of fact), the parties should include an issue that reads, "whether plaintiff must prove . . . . " If the parties persist in lodging separate pretrial orders, the court will review the
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relevant declarations and orders and assess monetary sanctions as against any party that it considers to have behaved in an unreasonable manner in connection with the drafting of the document.
APPEARANCES WAIVED ON MARCH 31, 2020.
-----------------------------------
Tentative Ruling for April 28, 2020:
Court has a number of questions and concerns with regard to the form of the pretrial order that it will discuss with parties on the record at the time of the pretrial conference.
8/3/20 -- Court continued trial to December 22, 2020 at 10:00 a.m. and related trial deadlines. OFF CALENDAR FOR SEPTEMBER 22, 2020.
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
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fr. 9-2-20
Docket 204
ZoomGov Appearance by:
9/21/20 - Bruce Landau, (310)838-1507
9/21/20- Gregory Vizza, (215)569-5702
9/21/20 - John Lucian, (215)569-5442
9/21/20 - Renee Singer, (203)939-7221 9/21/20 - Jim Persico
Grant in part and deny in part. Court is not inclined to approve cash collateral for an indefinite period. Grant motion for an additional three to four month period (to correspond to the period in a budget provided to the court for this purpose). Order granting motion should continue replacement liens and reporting requirements. Delete erosion covenant.
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Court is confused by lender's comments about priming liens. The court does not see anything in this motion requesting authority to enter into post-petition financing with a new lender or requesting that any existing liens be primed. If the debtor wants that relief, it will need to file a motion requesting that relief.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
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Docket 75
Tentative Ruling for August 26, 2020:
Continue hearing on motion to give debtor an opportunity to serve remaining creditors, Office of the U.S. Trustee and chapter 7 trustee and to file declaration(s) in support of factual representations made in motion. (NOTE: If court were to grant motion to dismiss, it would impose a 2-year bar to refiling, so debtor should not proceed with this motion if she has any present intention of returning to bankruptcy court.)
Final Ruling for August 26, 2020:
Debtor should file and serve declaration with information referenced in tentative ruling not later than September 2, 2020. New declaration and all moving papers must be served on UST, chapter 7 trustee and rest of creditors. Any supplemental oppositions must be filed and served in such a way as to be received by noon on September 8, 2020. (Debtor agrees that any dismissal may be with 2-year bar to refiling.) Court advised that, if the case is dismissed, it would remand adversary proceeding removed from state
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court.
Tentative Ruling for September 9, 2020:
Grant motion. Discuss with parties how to accomplish a remand of any litigation that remains to be resolved between parties. (Court previously agreed that matter should be remanded, but the only action currently open and pending is not the one that was removed from state court. It is an entirely new, combined adversary proceeding.) Hearing required.
Final Ruling for September 9, 2020:
Court would like to grant motion, but needs to evaluate how best to remand the (now dismissed) removed action to state court while preserving any rulings made by this court in the surviving adversary proceeding that were not based on such factors as this court's limited jurisdiction. Continue hearing to September 22, 2020 at 10:00 a.m. for the Court to review the procedural history of the adversary proceedings in this bankruptcy case.
Tentative Ruling for September 22, 2020:
Rachel Carlson ("Carlson," "Debtor" or "Defendant") filed a voluntary petition commencing this chapter 7 case on April 22, 2019. On July 3, 2019, Mark Guirguis and Tyler Fred filed adversary proceeding number 19-ap-01201 in Carlson's bankruptcy case (the "523 Action"). Mark Guirguis and Tyler Fred filed a first amended complaint in the 523 Action on July 28, 2019.
Mark Guirguis removed LASC Case No. BC 689331 to this court on July 29, 2019 (the "Removed Action"), where it became adversary proceeding number 19-ap-01240. As of the removal, (1) the plaintiff, Mark Guirguis, had filed a Frist Amended Complaint against the debtor Rachel Carlsen, Carlsen Financial, Inc. and Carlson Financial, LLP (and Does 1 through 50) as to which the defendants had filed an answer; and (2) the Debtor had filed a cross-complaint against Mark Guirguis and Guirguis & Gibbs (jointly, "Cross- defendants") (and Roes 1-100). After removal, Cross-defendants filed an answer to that cross-complaint.
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On August 30, 2019, Carlson filed in the 523 Action an answer to the first amended complaint and a cross-complaint against Mark Guirguis and a series of additional cross-defendants. In response to a motion to dismiss by these additional cross-defendants, the Court entered its November 25, 2019 order [docket no. 35], dismissing without leave to amend all claims asserted in the cross-complaint against anyone other than plaintiffs Mark Guirguis and Tyler Fred. This dismissal was based on the court's conclusion that the claims asserted against these other parties did not arise out of the same nucleus of operative facts as the claims asserted against her by the plaintiffs and were not within the subject matter jurisdiction of this Court. (The chapter 7 trustee had abandoned any interest in these claims, and the outcome of the litigation would not therefore have had any impact on this bankruptcy estate.) This lack of jurisdiction, while a problem for this court, should not present an issue for a state court to adjudicate these claims. Therefore, subject to any otherwise applicable procedural rules about timing and tolling (which are matters that this court will leave to the determination of the state court), there is nothing about this dismissal that should preclude the debtor from asserting claims in the Removed Action against parties other than Mark Guirguis or Tyler Fred in state court following remand.
Asserting that the cross-complaint filed in the 523 Action was duplicative of the cross-complaint that debtor had filed in the Removed Action, Mark Guirguis and Tyler Fred filed a motion to dismiss the allegedly duplicative cross-complaint. In response to that motion, this Court entered its January 21, 2020 order in the 523 Action (docket no. 43). In that order, the Court directed plaintiffs to file and serve in the 523 Action not later than January 31, 2020 a Second Amended Complaint that included any claims for relief asserted in the Removed Action and, thereafter, to lodge an order dismissing the Removed Action. The order further stated that Carlson must file and serve any answer and any cross-complaint in the 523 Action not later than March 13, 2020.
Once the second amended complaint had been filed in the 523 Action (the "Second Amended Complaint") (which omitted Tyler Fred as a plaintiff), the Court entered its March 13, 2020 order in the Removed Action (docket no. 16) dismissing the Removed Action. That order (like docket no. 43 in the 523 Action) specifically provided that "All claims alleged in the Second Amended
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Complaint would relate back to the filing of the Removed Action."
Although the Debtor filed and served her answer to the Second Amended Complaint in the 523 Action on March 13, 2020, she did not file a cross- complaint in that action until April 27, 2020 -- well after the deadline established by both the Federal Rules of Civil Procedure and the Court for the filing of such a document. In response, Guirguis moved to strike the belatedly-filed cross-complaint. The Court granted that motion and struck the Debtor's cross-complaint without leave to amend by order entered June 12, 2020 in the 523 Action (docket no. 79). The tentative ruling that the Court posted in connection with that motion explained the Court's analysis of the motion as follows.
In response to an earlier motion to dismiss defendant's prior cross-complaint, the court dismissed all claims against defendants other than the plaintiffs. In other words, the court instructed defendant to state only counterclaims against the plaintiffs and not bring in any third parties with a third party complaint.
Under the Federal Rules of Bankruptcy Procedure, made applicable herein by the Federal Rules of Bankruptcy Procedure, the deadline for filing a responsive pleading is 21 days after service of the pleading to which the party is responding.
Fed.R.Civ.Proc. 12. Mandatory counterclaims, that is claims that arise out of the same transaction or occurrence as the facts pleaded in the complaint, that exist as of the time the responsive pleading is filed must be included in/filed at the same time as the responsive pleading. Fed.R.Civ.Proc. 13. If these claims haven't arisen yet at the time the responsive pleading is filed, the court is permitted to set a later deadline for the filing of these claims. Fed.R.Civ.Proc. 13.
Defendant states in her opposition to the motion to strike that the claims she has raised in the document that she has labelled as a Second Amended Cross-complaint even though it is her first amended cross-complaint, "are based on the same facts represented in the First Amended Complaint" Opposition, p. 4 at lines 1-2. These claims, if they exist at all, existed at the time defendant filed her answer to the first amended complaint and are mandatory counterclaims. Therefore, they should have been asserted at the same time as her answer to complaint.
The court instructed plaintiffs to file their first [sic -- second] amended complaint not
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later than January 31, 2020. The Federal Rules provide for a 21 day period to respond to a complaint. The first [sic -- second] amended complaint was filed on January 31, 2020. Therefore, ordinarily, defendant's answer would have been due on February 21, 2020. At defendant's request, the court gave the defendant additional time to respond to the complaint -- namely, a total of 42 days, or until March 13, 2020. To avoid any doubt on the issue, the order entered by the court expressly provided that defendant should file any answer and any cross-complaint not later than March 13, 2020.
Instead of filing her counterclaims at the same time as her answer by the deadline the court had imposed, she filed an answer on March 13, 2020 and a separate cross- complaint a month and a half later on April 27, 2020. She has not offered any explanation of any kind for this delay or for splitting her response to the first amended complaint into two separate documents, and the court had already provided an extended period for her to file her responsive pleadings. Defendant failed to file her cross-complaint in a timely manner. Grant motion. Strike document identified as second amended cross-complaint.
[NOTE: Although Debtor argued at the hearing, but not in her papers, that her belated filing had been due to problems created by the COVID-19 lockdown/stay at home orders, the Court rejected this argument as the cross- complaint should have been filed by March 13, 2020 and the court took judicial notice that California's first stay at home order did not take effect until March 19, 2020.]
This ruling should stand when the matter is remanded to state court. In other words, it is now too late for the debtor to assert a counterclaim against Mark Guirguis. Therefore, before entering its order granting the debtor's motion to dismiss the underlying bankruptcy case with a two-year bar to refiling under any chapter, the court should enter an order vacating its dismissal of the Removed Action. That order should set a deadline for Mark Guirguis to refile his second amended complaint, deleting the 523 and 727 claims, and for defendant to refile her answer to that complaint, deleting any portions that are no longer necessary in light of the deletion of the 523 and 727 claims. Once these pleadings have been filed, the Court will enter an order remanding the action to state court, which order should clarify that defendant is precluded from filing any counterclaims against the plaintiff. Once the Removed Action has been remanded and the underlying bankruptcy case has been dismissed, the Court will dismiss the 523 Action.
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Debtor(s):
Rachel Louise Carlsen Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
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Docket 15
All relevant documents in this case have been signed by James Pearey, as attorney in fact for debtor Penny Lee Prouty. No copy of the power of attorney has been provided, and no explanation has been given as to why Ms. Prouty has an attorney-in-fact and whether she has or lacks the capacity to make her own decisions. Was the power-of-attorney signed at a time when Ms. Prouty had the capacity to make such an appointment? Pearey has also signed as a bankruptcy petition preparer, and petition states that he was paid to act as petition preparer. Mr. Pearey also took the prepetition credit counseling course for Ms. Prouty. Does Ms. Prouty even know that a bankruptcy has been filed on her behalf?
However, Court notes that it has already issued an OSC re dismissal of this case based on the above facts. Therefore, it appears that conducting a hearing on this motion is likely to be duplicative. As the Court would like to see the debtor's schedules filed before the hearing on the OSC, court will grant the debtor's motion to extend time to file schedules and take this
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hearing off calendar. Court will resolve issues created by the existence of the power of attorney at the hearing on the Order to Show Cause (on September 30, 2020 at 10:00 am). OFF CALENDAR FOR SEPTEMBER 22, 2020.
Debtor(s):
Penny Lee Prouty Represented By Charles J Brash
Trustee(s):
Timothy Yoo (TR) Pro Se
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#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required, but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
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NONE LISTED -
NONE LISTED -
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MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY fr. 7-14-20
Docket 505
ZoomGov Appearance by:
9/16/20 - James Lewin, (858)722-2203
Rulings on Movant's Evidentiary Objections:
(Original) Declaration of Jonathan Goldrich
Overrule objection to lack of qualifications. Declarant identifies himself as a Certified Residential Real Estate Appraiser licensed by the State of California. Overrule objection based on fact that declarant didn't view interior of property. Lack of interior inspection goes to weight.
Overrule. Experts may rely on hearsay information. Real estate appraisers never have personal knowledge of rents being charged and must always rely on some one providing that information. (If movant would like to
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prove that an assumption on which valuation is based is inaccurate, they are free to do that.)
Supplemental Goldrich Declaration
Overrule objection to lack of qualifications. Declarant identifies himself as a Certified Residential Real Estate Appraiser licensed by the State of California. Overrule objection based on fact that declarant didn't view interior of property. Lack of interior inspection goes to weight.
Overrule. Experts may rely on hearsay information.
Saber Declaration
Overrule objection as to statement that the original value in schedules does not take into account new appliances. Sustain objection to the balance of the paragraph for lack of foundation, hearsay and best evidence.
Sustain for lack of foundation.
Amaya Declaration
Overrule.
Overrule.
Tentative Ruling on the Merits:
As debtor has not obtained a stay pending appeal, debtor's appeal of the order appointing a trustee and/or the conversion of the case is irrelevant. (Note: Debtor filed an emergency motion for a stay pending appeal on July
10. The orders debtor has appealed were entered on May 4, 2020. Court refused to hear motion on an expedited basis as any emergency was created only by debtor's having waited this long to bring such a motion.)
There is no evidence in the motion to support the contention that movant lacks adequate protection. On what is this assertion based?
With regard to the request for relief under section 362(d)(2), now that the case is in chapter 7, one of the prongs of section 362(d)(2) has been satisfied -- the property is not necessary to an effective reorganization
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because there will be no reorganization. As to whether or not the debtor has equity in the property, under section 362(g)(1), the movant bears the burden of proof. The lender has relied merely on the value reflected in the debtor's schedules as the value of the property, which is a valuation that dates back to June of 2018.
Court notes that trustee has not opposed the motion. Does the trustee have a position as to the likely value of the property?
Continue hearing to give movant an opportunity to provide current evidence as to the value of the property. Court will not order adequate protection payments in the interim as there is no evidence that the property is declining in value.
9/23/20 -- Court approved stipulation continuing hearing to November 17, 2020 at 10:00 a.m. See order for additional deadlines. OFF CALENDAR FOR SEPTEMBER 29, 2020.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey James F Lewin
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
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MOVANT: ALBERT ISSACO C/O SUTTER HILL INVESTMENTS
Docket 44
NONE LISTED -
9/11/20 -- Court approved stipulation continuing hearing to October 20, 2020 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 29, 2020.
Debtor(s):
Kyle Henry Walkenhorst Represented By Michael E Clark
Movant(s):
ALBERT ISSACO c/o Sutter Hill Represented By
Edward G Schloss
Trustee(s):
Carolyn A Dye (TR) Represented By Rosendo Gonzalez
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MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
Docket 8
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Juana Delgadillo Represented By
George C Panagiotou
Movant(s):
Nissan Motor Acceptance Represented By Kirsten Martinez
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
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MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 18
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Trinidad Portales Rodriguez Represented By Lionel E Giron
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Timothy Yoo (TR) Pro Se
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MOVANT: HONDA LEASE TRUST
Docket 9
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Alen Quiroz Represented By
Francis Guilardi
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Carolyn A Dye (TR) Pro Se
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MOVANT: MARIA VAQUERANO
Docket 17
Continue hearing to give movant an opportunity to file amended proof of service that lists the actual names of the people that were served electronically. (Movant should review the service information in CM/ECF and copy the relevant information into the proof of service.)
Debtor(s):
Jose Castellanos Represented By Christopher S Reyes
Movant(s):
Norma Rivas Represented By
Shalem Shem-Tov
Jimmy Vaquerano Represented By
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Shalem Shem-Tov
Maria Vaquerano Represented By Shalem Shem-Tov
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
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Adv#: 2:19-01518 Goodrich v. Fernandez
fr. 2-25-20, 5-12-20, 6-16-20, 7-14-20, 8-25-20
Docket 1
4/7/20 - Another summons issued.
At parties' request (in status report), continue status conference to May 12, 2020 at 2:00 p.m. Parties should file updated status report not later than April 28, 2020. APPEARANCES WAIVED ON FEBRUARY 25, 2020.
4/17/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to May 20, 2020 and continuing status conference to June 16, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 12, 2020.
5/18/20 -- Court approved stipulation extending response date to June 17, 2020 and continuing status conference to July 14, 2020 at 2:00 p.m. OFF
CALENDAR FOR JUNE 16, 2020.
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6/16/20 -- Court approved stipulation extending response date to July 24, 2020 and continuing status conference to AUGUST 25, 2020 at 2:00 p.m.
OFF CALENDAR FOR JULY 14, 2020.
7/31/20 -- Court approved stipulation extending response date to September 22, 2020 and continuing status conference to September 29, 2020 at 2:00
p.m. OFF CALENDAR FOR AUGUST 25, 2020.
Tentative Ruling for September 29, 2020:
Trustee filed motion for approval of compromise on September 18, 2020 using notice and an opportunity for hearing procedure. (Lump sum payment of $60,000 payable within 2 days of signing agreement.) Continue status conference to December 1, 2020 at 2:00 p.m. to permit notice period to expire and court to process motion. APPEARANCES WAIVED ON SEPTEMBER 29, 2020.
Debtor(s):
Raymond A Fernandez Represented By Christie Cronenweth
Defendant(s):
Imelda Merton Fernandez Represented By Shai S Oved
Plaintiff(s):
David M Goodrich Represented By
Alastair M Gesmundo
Trustee(s):
David M Goodrich (TR) Represented By Richard H Golubow
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Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 8-27-19, 11-19-19, 12-17-19, 1-14-20, 3-31-20 5-5-20, 7-14-20, 8-4-20,
9-1-20
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed
1/31/2020 - Second Amended Complaint filed. 4/27/20 - Second Amended 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
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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.
Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.
Tentative Ruling for March 31, 2020:
Defendant has filed a motion to dismiss, but has not served a notice of hearing on that motion despite having been instructed by the Court to do so. Court will prepare and enter an order denying that motion without prejudice and setting a new deadline of April 14, 2020 for defendant to either answer or file and notice a hearing on a motion to dismiss. Defendant must give not less than 21 days' notice of the hearing on her motion and must select an appropriate hearing date by using the self-calendaring instructions on Judge Bluebond's page on the Court's website.
Order prepared by the Court should continue the status conference to May 5, 2020 at 2:00 p.m. THE PARTIES SHOULD JOINTLY PREPARE a joint
status report that should be filed with the Court not later than April 21, 2020.
APPEARANCES WAIVED ON MARCH 31, 2020.
Tentative Ruling for May 5, 2020:
2:00 PM
Revisit status of action after conclusion of hearing on motion to dismiss.
6/9/20 -- At hearing on motion to strike cross-complaint, court continued status conference to August 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JULY 14, 2020. NO APPEARANCE REQUIRED.
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Tentative Ruling for August 4, 2020:
Set discovery cutoff for late October, 2020. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
8/3/20 -- At request of parties, continue hearing to September 1, 2020 at 2:00
p.m. OFF CALENDAR FOR AUGUST 4, 2020. NO APPEARANCE REQUIRED.
Tentative Ruling for September 1, 2020:
At hearing held August 26, 2020 on debtor's motion to dismiss bankruptcy case, court continued hearing to September 9, 2020. Continue this status conference to September 29, 2020 at 2:00 p.m. so that court can resolve motion to dismiss case before the continued status conference.
APPEARANCES WAIVED ON SEPTEMBER 1, 2020.
9/22/20 -- At hearing held this date, court agreed to vacate dismissal of removed action and have parties refile pleadings in that action, deleting 523 and 727 material, so that court could remand removed action to state court. Once remand has occurred, court will dismiss underlying bankruptcy case and then dismiss this adversary proceeding. Continue status conference to October 27, 2020 at 2:00 p.m. as a holding date. APPEARANCES WAIVED ON SEPTEMBER 29, 2020.
Debtor(s):
Rachel Louise Carlsen Pro Se
2:00 PM
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
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required, but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
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NONE LISTED -
NONE LISTED -
10:00 AM
Docket 13
What was debtor's condition at the time she signed the power of attorney (i.e., did she have capacity to act on her own behalf at that time)? What is the relationship between the debtor and James Pearey? Does the debtor know that a bankruptcy case has been filed on her behalf?
There is no admissible evidence in the record as to the debtor's condition. Court would like a declaration from a medical professional providing the information contained in Mr. Pearey's declarations.
Hearing required.
Debtor(s):
Penny Lee Prouty Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 7
Case has already been dismissed for failure to file schedules. Court will prepare and enter an order vacating OSC as moot. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Phillip Gregory Bowers Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 86
Zoomgov Appearance by:
9/30/20 - James Hornbuckle, (949)499-1822
Court agrees with the trustee that the fact that no objection to the claim has been filed in bankruptcy court is irrelevant. Further, the opposition purports to be on behalf of the debtor as well as Solis. The debtor is a corporation that is in chapter 7 and is currently controlled by the chapter 7 trustee. Solis cannot act on behalf of the debtor or direct counsel to act on its behalf.
The trustee, and only the trustee, has authority to enter into a compromise on behalf of the (debtor and) the estate (subject to court approval). The trustee has adequately set forth the basis for his conclusion that the proposed compromise is in the best interest of the estate, and the opposition does not address the merits of the compromise (that is, the trustee's contention that
$400,000 represents a reasonable compromise based on the amount of the claim asserted by Cory).
The real basis of Solis' objection (and it is only Solis' objection, not the debtor's) is that, if the arbitrator decides that a commitment was made to give
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Cory 10 percent of the profits of the company, he will be obliged to pay the estate $400,000. The stipulation/compromise between the trustee and Solis already provides that, because the state court litigation had not been reduced to a final judgment by December 31, 2019, the trustee is entitled to a judgment against Solis for $700,000. However, the trustee is to refrain from executing on that judgment until the state court action is resolved. The compromise does not purport to bind Solis with regard to the extent of his liability to Cory. If he elects not to participate in the arbitration, he is free to relitigate in state court whether he has any personal liability to Solis (which could be for more than $700,000).
Court has no doubt that the trustee is free to negotiate with Cory how Cory's claim against the estate should be resolved and to enter into a stipulation of the kind proposed here. The real issue is whether, in light of the fact that there is an agreement on the part of Solis to pay the estate the allowed amount of Cory's claim, Solis' position has morphed into something like a guarantor or an indemnitor and whether that new status gives him the ability to weigh in on whether and at what amount the trustee chooses to resolve Cory's claim.
Walk through with the trustee how his original agreement with Solis would work and what rights the trustee would have vis-a-vis Solis if the court entered the $700,000 judgment against Solis to which the trustee is entitled.
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Movant(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
10:00 AM
James A Dumas Jr
10:00 AM
Docket 18
Tentative Ruling for July 22, 2020:
The trustee and the creditor may have seen the debtor's financial records, but the court has not. The court would like some corroborating evidence as to the amount of royalties the debtor has been receiving each month -- copies of checks? bank statements? royalty statements? Continue hearing to give debtor an opportunity to provide whatever documentation he may have to show how much he has actually been receiving.
Final Ruling for July 22, 2020:
Continue hearing to August 26, 2020 at 10:00 a.m. Debtor will serve and file supplemental declaration with corroborating evidence not later than August 12, 2020. Any supplemental response from creditor must be filed and served by August 19, 2020.
Tentative Ruling for August 25, 2020:
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It is extremely difficult for the court to place a value on the asset in question; however, the Court notes that the debtor has only claimed an exemption for
$1 in the royalties in question and, under section 522(f)(1), a debtor may only avoid an exemption "to the extent" that it impairs the exemption. Grant motion, but enter order that permits avoidance of the lien to the extent of $1. In other words, the first $1 of post-petition royalties due on account of the debtor's interest in the royalties should be paid to the debtor. The creditor's lien remains attached to the balance of the debtor's interest in the royalties, up to the total amount due under the judgment lien. See Bank of Am. Nat'l Tr. & Sav. Ass'n v. Hanger (In re Hanger), 217 B.R. 592 (B.A.P. 9th Cir. 1997) (to the extent that there is surplus equity above and beyond the amount of the debtor's exemption, the lien should not be avoided).
8/24/20 -- Court approved stipulation continuing hearing to September 30, 2020 at 10:00 a.m. OFF CALENDAR FOR AUGUST 26, 2020.
9/24/20 -- Court approved stipulation continuing hearing to November 4, 2020 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 30, 2020.
Debtor(s):
Steven Mark Colyer Represented By Andre A Khansari
Movant(s):
Steven Mark Colyer Represented By Andre A Khansari Andre A Khansari Andre A Khansari
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 12
9/23/2020 -- Court approved stipulation pursuant to which motion was withdrawn as moot. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Rhino Bare Projects LLC Represented By Leslie A Cohen
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
10:00 AM
Docket 1
Zoomgov Appearance by:
9/29/20 - Kenneth Lau, (818)794-7430
Set deadline for serving notice of bar date and bar date. Continue case status conference for approximately 90 days.
Debtor(s):
Rhino Bare Projects LLC Represented By Leslie A Cohen
10:00 AM
Docket 1
OFF CALENDAR. CASE WAS DISMISSED WITH 180-DAY BAR TO REFILING ON SEPTEMBER 18, 2020. NO APPEARANCE REQUIRED.
Debtor(s):
Discovery Estates, LLC Represented By Brandon J Anand
10:00 AM
Docket 1
ZoomGov Appearance by:
9/21/20 - David Meadows, (310)557-8490
9/25/20 -- Court approved stipulation between debtor and United States Trustee dismissing case with 180-day bar to refiling under chapter 11. (No bar as to other chapters.) OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Donald Gregory Levenson Represented By Yoon O Ham
11:00 AM
fr. 3-18-20, 6-10-20, 8-5-20, 8-26-20
Docket 1337
NONE LISTED -
Discuss with parties how to proceed at this juncture in light of partial reversal and remand from district court. Explore whether trustee would like to submit new papers or have court revisit compensation based on existing record.
Hearing required.
4/23/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 3, 2020
L/D for Clifton Capital to file response -- July 15, 2020 L/D for trustee to file reply -- July 29, 2020
Cont'd hearing -- August 5, 2020 at 11:00
5/27/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 17, 2020
L/D for Clifton Capital to file response -- August 5, 2020 L/D for trustee to file reply -- August 19, 2020
Cont'd hearing -- August 26, 2020 at 11:00
OFF CALENDAR FOR AUGUST 5, 2020.
8/26/20 -- Court approved stipulation continuing following dates: L/D for Clifton Capital to file response -- September 9, 2020
L/D for trustee to file reply -- October 7, 2020 Cont'd hearing -- October 21, 2020 at 11:00
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OFF CALENDAR FOR SEPTEMBER 30, 2020.
8/4/20 -- Court approved stipulation continuing following dates: L/D for Clifton Capital to file response -- August 26, 2020
L/D for trustee to file reply -- September 16, 2020 Cont'd hearing -- September 30, 2020 at 11:00
OFF CALENDAR FOR AUGUST 26, 2020.
8/26/20 -- Court approved stipulation continuing hearing to October 21, 2020 at 11:00 a.m. See order for additional dates. OFF CALENDAR FOR SEPTEMBER 30, 2020.
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 Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
MOVANT: BOBS, LLC. fr. 8-4-20
Docket 80
Zoomgov Appearance by:
9/29/20 - Kenneth Lau, (818)794-7430
9/29/20 - David Jacob, (213)839-5931
Tentative Ruling for August 4, 2020:
Grant motion to disqualify Rommy Shy as an expert witness. He may be qualified to perform an appraisal of the property, but he has not demonstrated that with the information contained in his declaration. With regard to the second argument advanced in the motion to strike -- that he should be disqualified because of his economic stake in the outcome -- the court recognizes that there is a difference between hiring a supposedly
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independent expert and then compensating that expert on a contingency basis and letting a party in interest who has the requisite expertise offer expert testimony. Court would not necessarily exclude testimony in the latter instance, but the existence of incentive and bias would certainly cause the court to take the incentives of the declarant into consideration in weighing the validity/accuracy of the testimony.
In light of the foregoing, the only admissible evidence currently in the record as to the value of the property is that supplied by the debtor -- an appraisal showing the value of the property at $26 million. There is no evidence that the property is declining in value, so, at present, the movant has not established that it is entitled to relief from stay under either section 362(d)(1) for lack of adequate protection or under section 362(d)(2).
However, as the court has previously explained, particularly in light of the limited resources that the debtor has to maintain the property pending the consummation of a sale, the property needs to be sold promptly. And the court will have an opportunity in connection with the sale process to determine whether the debtor's valuation is accurate. Toward this end, the Court entered a scheduling order on June 23, 2020, directing the debtor to file a motion to approve a sale of the property not later than September 25, 2020. (An order approving real estate brokers was entered on July 28, 2020.)
Based on this record, if the Court were to rule on the motion now, it would deny the motion without prejudice, but, if movant would prefer, court will continue hearing for approximately 60 to 90 days to see whether the debtor moves forward promptly with a sale of the property or whether relief from stay should be granted to prevent the debtor from further delaying this process. (See tentative ruling for matter number 7 for court's tentative ruling with regard to contention that relief from stay should be granted because case was filed in bad faith.)
Final Ruling for August 4, 2020:
Continue hearing to September 30, 2020 at 11:00 a.m. No new briefing required or permitted.
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Tentative Ruling for September 30, 2020:
If debtor files nonfrivolous motion to sell property by September 25, 2020, continue hearing to date of hearing on motion for authority to sell property. (Motion to conduct auction with release price at or near debtor's appraised value for the property will not suffice.) If debtor fails to file nonfrivolous motion for authority to sell by deadline established by the court for this purpose, grant motion.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
Movant(s):
BOBS LLC Represented By
David Jacob
11:00 AM
fr. 8-4-20
Docket 81
Zoomgov Appearance by:
9/29/20 - Kenneth Lau, (818)794-7430
9/29/20 - David Jacob, (213)839-5931
Tentative Ruling for August 4, 2020:
The Court has been closely monitoring the debtor's progress with regard to a sale of the property in this case and will continue to do so. This case was filed on February 12, 2020 and, within approximately a month, reality changed dramatically. Debtor may be excused for the fact that vigorous marketing efforts did not begin and yield fruit immediately; however, the Court's patience and understanding is limited. At some point in the very near future, the Court will begin to share the movant's frustration with the pace at which the debtor has marketed this property and will reach the conclusion that the debtor is indeed trying simply to retain his luxury lifestyle at no cost for as long as possible.
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At this point, the Court is not yet ready to conclude that the case was filed in bad faith, but the proof will be "in the pudding." Continue hearing 60 to 90 days to see whether the debtor complies with the deadline that the court has established for the filing of a motion to sell the property.
Final Ruling for August 4, 2020:
Continue hearing to September 30, 2020 at 11:00 a.m. No new briefing required or permitted.
Tentative Ruling for September 30, 2020:
If debtor files nonfrivolous motion to sell property by September 25, 2020, continue hearing to date of hearing on motion for authority to sell property. (Motion to conduct auction with release price at or near debtor's appraised value for the property will not suffice.) If debtor fails to file nonfrivolous motion for authority to sell by deadline established by the court for this purpose, revisit motion after conclusion of hearing on court's order to show cause.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
Movant(s):
BOBS LLC Represented By
David Jacob
11:00 AM
Docket 1
Zoomgov Appearance by:
9/29/20 - Kenneth Lau, (818)794-7430
9/29/20 - David Jacob, (213)839-5931
Continue case status conference to April 2, 2020 at 10:00 to be heard concurrently with final hearing on interim financing. OFF CALENDAR FOR APRIL 1, 2020. NO APPEARANCE REQUIRED.
4/3/20 -- Court approved scheduling order setting following dates: L/D for debtor to serve notice of bar date -- April 10, 2020
Bar date -- June 8, 2020
Cont'd status conference -- June 17, 2020 at 11:00 a.m. L/D to file updated status report -- June 12, 2020.
Tentative Ruling for June 17, 2020:
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Debtor's game plan is to sell real property and then do structured dismissal. Debtor does not believe it necessary to set a deadlne for filing a plan. Therefore, set a deadline for debtor to file sale motion instead.
6/23/20 -- Court approved scheduling order setting following dates: L/D for debtor to file motion to approve sale of debtor's real property --
September 25, 2020
Cont'd status conference -- September 30, 2020 at 11:00 a.m. L/D to file updated status report -- September 18, 2020
Tentative Ruling for September 30, 2020:
Revisit status of case after conclusion of hearings on related motions.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
11:00 AM
Docket 115
Zoomgov Appearance by:
9/29/20 - Kenneth Lau, (818)794-7430
9/29/20 - David Jacob, (213)839-5931
If debtor files nonfrivolous motion to sell property by September 25, 2020, continue hearing to date of hearing on motion for authority to sell property (Debtor noticed it for December 2, 2020 at 10:00 a.m., but why does the hearing need to be two months away?) (Motion to conduct auction with release price at or near debtor's appraised value for the property will not suffice.) If debtor fails to file nonfrivolous motion for authority to sell by deadline established by the court for this purpose, convert case to chapter 7.
Debtor filed a sale motion on September 25, 2020 that is confusing to say the least. On the one hand, it says that the sale will NOT be free and clear of the Excepted Items, which include the secured claims of SPS, BOBS and JWR. Later in the motion, it appears that the intention of the debtor is to pay at least the undisputed portion (or the entirety) of SPS's claim out of escrow and to have the secured claim of BOBS (whatever that might be) attach to the
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proceeds of sale. This doesn't make sense.
Either the liens should be paid in full out of escrow (in which event there is no need to sell "free and clear" of the liens) or the sale should be free and clear of the liens with the liens to attach to the proceeds of sale with the same validity, priority, etc. (Or the undisputed portion could be paid out of escrow with the remainder of the liens to attach to the sale proceeds, but, in that event, the sale should still be free and clear of the liens.) Otherwise, the sale would be "subject to" the liens and the buyer is not going to pay more than
$23,000,000 to be subject to either the lien of SPS or BOBS both of which are in default. The property would immediately be lost to foreclosure if the buyer did not pay these liens off or enter into new arrangements with the lenders.
What is the debtor trying to say?
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
2:00 PM
Docket 300
Zoomgov Appearance by:
9/29/20 - Ron Bender, (310)229-1244
9/29/20 - Richard Baum
9/29/20 - Kenneth Lau, (818)794-7430 9/29/20 - Krikor Meshefejian, (310)229-1234 9/29/20 - David Gottlieb, (818)539-7720 9/29/20 - Vincent Alexander, (954)828-0371
9/30/20 - Roksana D. Moradi-Brovia, (818)933-2843 9/30/20 - Henry Paloci, (805)279-1225
9/30/20 -Najah Shariff, (213)894-2534
The Court offers the following tentative rulings with regard to the various
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objections that have been interposed to confirmation of the plan:
IRS
Court agrees that plan should not be confirmed until all tax returns have been filed and all post-petition taxes have been paid, but debtor seems to contend that this has already occurred. The debtor contends that returns have been filed and estimated taxes have been paid for the first and second quarters of 2020 (although there is no declaration to this effect and no proof of payment provided with copies of the returns), but what about Form 1120 U.S. Corporate Income Tax Return for 2019. Was this filed? Court could not find a reference to that in the debtor's reply brief.
Debtor has indicated that it does not object to language in a modified plan or confirmation order preserving the IRS's liens until its secured claim is paid in full, but what about the clarifying enforcement provisions that the IRS has requested? What is the debtor's position with regard to this language?
Language should be added to the plan and/or the confirmation order to clarify that the amount to be paid on account of the IRS's secured claim will be an amount sufficient to pay that claim in full and is not limited to the amount estimated in the plan. (Court's feasibility determination should entertain the possibility that the IRS's calculation of the necessary monthly payments may be accurate: the Court will need to find that the reorganized debtor's projections will feasible if the monthly payment amount required were larger.)
What is the debtor's response to the IRS's contention that it applied the
$39,694.25 levy that it was required to refund in the manner provided by the parties' November 8, 2019 stipulation [docket no. 103]? The stipulation provides that $39,000 of this amount should be applied toward and be considered the first six monthly adequate protection payments and that these payments will be applied by the IRS toward the oldest trust fund obligation due or, if there are no unpaid trust fund taxes, then toward the oldest tax obligation due, in the order described in paragraph 10. Paragraph 10 is the one that says payments are first applied against the secured portion of the claim (or interest thereon) and, once that portion has been paid, against the priority unsecured tax liabilities. In other words, it appears that there is no basis for the debtor's contention that it was inappropriate for the IRS to apply
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the $39,000 against a portion of the claim that was not secured unless there were no unpaid trust fund taxes due (whether secured or unsecured) to which this amount could be applied.
US Trustee's Objections
Prohibitions against third party releases and limitations on a discharge under section 524 have no application when it is the estate releasing its own claims. Debtor's proposed revised language should solve this problem; however, court agrees that, before it approves a compromise of claims, it needs to be able to determine whether the A&C factors have been satisfied. Does the record contain a discussion of whether there has been an investigation as to the existence of any such claims and what, if any, claims against the parties to be released exist? Court needs to be able to determine whether the consideration being given is sufficient to render any proposed compromise reasonable and appropriate.
With regard to exculpation clauses, court is not troubled by the inclusion of a clause that releases parties involved in the drafting, preparation of the plan, etc. from liability for these plan-related activities, as the court should not confirm the plan if there is a problem with the manner in which these activities were conducted. However, exculpation clauses should not include activities related to the consummation or implementation of the plan. These activities have not occurred yet and the Court does not want to give anyone carte blanche on a going forward basis to depart from the requirements imposed by the plan.
Debtor concedes that there are certain typographical errors that should be corrected in the plan and/or the confirmation order: Winn is to obtain an interest of 26.6% in the debtor (not 30.3%); and one of the owners of the debtor is Mena Holdings, LLC, (not Nena Holdings).
E&F Recovery
Court agrees that splitting classes 8 and 9 seems unnecessary, but court is not prepared to conclude that this was accomplished in bad faith, as there are other impaired consenting classes. However, debtor is incorrect that it need not engage in a cramdown analysis, as Class 9 did not approve the plan.
Therefore, it is not accurate to say, as the debtor does (on page 22, at line 10
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of its reply) that all impaired classes have voted to accept the plan. E&F's ballot does not count, as the debtor has filed an objection to its claim; however, no other class 9 creditors voted on the plan at all. Not voting is not tantamount to accepting the plan. The debtor does need to walk through the cramdown requirements for its general unsecured creditors' class.
Unless the debtor plans to have the court conduct an evidentiary hearing at which it values the available collateral to demonstrate that E&F is unsecured because there is no value left to secure its claim, debtor cannot treat E&F's secured claim as unsecured without filing an adversary proceeding. Plan should provide alternate treatment that would come into play if E&F succeeds in demonstrating in an adversary proceeding to be filed by a deadline set forth in the plan that E&F did properly perfect its lien(s). (These alternate forms of treatment, depending on the outcome of the adversary proceeding, make it appropriate to separately classify E&F from other unsecured creditors.)
Court rejects E&F's contention that the plan in its current form fails to satisfy the marketing requirements of the LaSalle case. In that case, the court found that it would violate the absolute priority rule to permit equity to retain its ownership interests by making a new value contribution unless (1) the equity was adequately marketed or (2) exclusivity had terminated. Exclusivity terminated in this case when the trustee was appointed. There is no LaSalle problem here even if the plan structure should be characterized as a new value contribution which the court agrees is arguably not the case here.
Hearing required to ascertain how best to proceed at this juncture in light of the foregoing.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
2:00 PM
2:00 PM
Docket 1
Zoomgov Appearance by:
9/29/20 - Ron Bender, (310)229-1244
9/29/20 - Richard Baum
9/29/20 - Kenneth Lau, (818)794-7430 9/29/20 - Krikor Meshefejian, (310)229-1234 9/29/20 - David Gottlieb, (818)539-7720 9/29/20 - Vincent Alexander, (954)828-0371
9/30/20 - Roksana D. Moradi-Brovia, (818)933-2843 9/30/20 - Henry Paloci, (805)279-1225
9/30/20 -Najah Shariff, (213)894-2534
2:00 PM
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.
Final Ruling for October 2, 2019:
Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file and serve updated status report not later than January 3, 2020.
Tentative Ruling for January 15, 2020:
Status report was filed belatedly on January 12, 2020. Has debtor filed the valuation motions referenced in the status report? When/how does the debtor anticipate resolving the issues concerning Gentle Care Transport, Inc.
Hearing required.
Tentative Ruling for April 15, 2020:
Where is the status report that the Court directed the debtor to file by April 3, 2020?
Revisit status of case after conclusion of hearing on U.S. Trustee's motion to dismiss or convert.
Tentative Ruling for June 17, 2020:
Set continued status conference for approximately 90 days. Order trustee to file updated status report prior to continued status conference.
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Tentative Ruling for July 15, 2020:
Tentative Ruling for August 5, 2020:
Continue case status conference to August 5, 2020 at 2:00 pm to be heard concurrently with continued hearing on disclosure statement.
Tentative Ruling for August 5, 2020:
Continue case status conference to date of continued hearing on disclosure statement.
Tentative Ruling for August 12, 2020:
Continue case status conference to date of confirmation hearing.
Tentative Ruling for September 30, 2020:
If court confirms plan, set post confirmation status conference. If court continues confirmation hearing, continue case status conference to date of continued confirmation hearing.
Debtor(s):
MedCoast Medservice Inc. Represented By
2:00 PM
Trustee(s):
Henry D Paloci
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required, but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
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NONE LISTED -
NONE LISTED -
10:00 AM
Docket 21
9/18/20 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Jon S. Albert Represented By
Louis J Esbin
Joint Debtor(s):
William C. Hendley III Represented By Louis J Esbin
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
10:00 AM
NONE LISTED -
10:00 AM
MOVANT: US BANK, NA fr. 9-15-20
Docket 22
ZoomGov Appearance by:
10/2/20 - Donna LaPorte, (949)232-1115
10/5/20 - Lucy Mavyan, (626)395-7576
Debtor(s):
Christopher Gordon Fields Represented By Brian J Soo-Hoo
Movant(s):
U.S. BANK NATIONAL Represented By Diane Weifenbach
10:00 AM
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
MOVANT: RAVI FINANCIAL, A WYOMING LIMITED LIABILITY COMPANY
Docket 12
Debtor(s):
Sinaloence Food Products & Represented By Kelly L Casado
Movant(s):
Ravi Financial, a Wyoming Limited Represented By
Richard A Brownstein
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:19-01487 YOO v. Lennon et al
fr. 1-14-20, 2-25-20, 4-28-20, 8-4-20
Docket 1
Debtor(s):
Lennon and Wolfe, Inc. Represented By Steven L Bryson
Defendant(s):
Amanda Lennon Pro Se
Christopher Lennon Pro Se
Plaintiff(s):
TIMOTHY J YOO Represented By Robyn B Sokol
2:00 PM
Trustee(s):
Timothy Yoo (TR) Represented By Steven T Gubner Robyn B Sokol
2:00 PM
Adv#: 2:19-01330 Menchaca v. Ozuna et al
Theresa Harden, Richard Harden
fr. 11-5-19, 3-17-20; 6-30-20, 8-25-20
Docket 1
Debtor(s):
Candina Marie Ozuna Represented By
Raj T Wadhwani
Defendant(s):
Candina Marie Ozuna Represented By Craig G Margulies
David Ozuna Represented By
Craig G Margulies
Theresa Harden Represented By Craig G Margulies
Richard Harden Represented By
2:00 PM
Craig G Margulies
Plaintiff(s):
John J. Menchaca Represented By David M Goodrich
Trustee(s):
John J Menchaca (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez
fr. 10-15-19, 1-28-20, 5-5-20, 8-4-20
Docket 1
Debtor(s):
Walter Steven Nevarez Represented By Richard A Avetisyan
Defendant(s):
Walter Steven Nevarez Pro Se
Plaintiff(s):
Elizabeth K.. Beaver Recovable Represented By
Anton R E Richardson
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:20-01069 Leslie v. Gutierrez et al
fr. 6-2-20, 9-8-20
Docket 1
ZoomGov Appearance by:
10/2/20 - Toan Chung, (323)724-3117
Debtor(s):
Lydia C Gutierrez Pro Se
Defendant(s):
Alvaro J. Gutierrez Represented By Grace White
Luis E. Gutierrez Represented By Grace White
Crystal Adilene Yanez Represented By
2:00 PM
Grace White
Plaintiff(s):
Sam S. Leslie Represented By
Toan B Chung
Trustee(s):
Sam S Leslie (TR) Represented By Toan B Chung
2:00 PM
Adv#: 2:20-01170 Chang et al v. Jonamerica, LLC
Docket 1
Debtor(s):
Jonas Chang Represented By
Chris T Nguyen
Defendant(s):
Jonamerica, LLC Pro Se
Joint Debtor(s):
Christy Chang Represented By Chris T Nguyen
Plaintiff(s):
Christy Chang Represented By Jay Norton Chris T Nguyen
Jonas Chang Represented By
2:00 PM
Trustee(s):
Jay Norton Chris T Nguyen
Carolyn A Dye (TR) Represented By Alan I Nahmias
2:00 PM
Adv#: 2:20-01169 Wang et al v. Chou et al
Docket 1
Debtor(s):
Chia Jung Chou Represented By Sam X J Wu
Defendant(s):
Chia Jung Chou Pro Se
Jesus Guillermo Orozco Pro Se
Joint Debtor(s):
Jesus Guillermo Orozco Represented By Sam X J Wu
Plaintiff(s):
Jing Wang Represented By
James R Selth
2:00 PM
Denny Koo Represented By
James R Selth
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC
Robert Scott, Inc. against KLM Interiors, LLC fr. 5-5-20, 6-2-20, 7-14-20
Docket 1
Debtor(s):
J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Defendant(s):
KLM Interiors, LLC Represented By Simon Aron
Plaintiff(s):
J. Robert Scott, Inc. Represented By
2:00 PM
Crystle Jane Lindsey Daniel J Weintraub
2:00 PM
Adv#: 2:20-01103 Nolan v. Spencer
Docket 7
10/5/20 - William Spencer (818)903-3099 (Appearing by Phone)
Debtor(s):
William K Spencer Represented By Daniel King
Defendant(s):
William K Spencer Pro Se
Plaintiff(s):
Gwendolyn Nolan Represented By
Lane M Nussbaum
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:20-01103 Nolan v. Spencer
fr. 6-30-20
Docket 1
10/5/20 - William Spencer (818)903-3099 (Appearing by Phone)
Debtor(s):
William K Spencer Represented By Daniel King
Defendant(s):
William K Spencer Pro Se
Plaintiff(s):
Gwendolyn Nolan Represented By
Lane M Nussbaum
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
[Presumption of Undue Hardship]
Docket 52
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.
Coversheet appears to have been filled out inadequately and agreement is largely illegible. According to part D, debtor's monthly income is $650 and other monthly expenses are $300. The monthly car payment is $552.87. How does the debtor anticipate being able to make the payments?
Debtor(s):
Naji Shafiq Batshoun Represented By Don Dao
Movant(s):
KIA Motors Finance Company Represented By Angela C Williams
10:00 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 12
Court can only dismiss a chapter 7 case on notice to creditors. Court assumes that debtor's explanation that case was filed too soon refers to the fact that debtor is not eligible for a discharge in a case filed before September 23, 2020. Is this correct? Hearing required.
Debtor(s):
Rodolfo Hernandez Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 320
As parties discussed at the confirmation hearing, court agrees that a debtor must commence an adversary proceeding in order to determine the validity or priority of a lien, but there must be some reason to believe or some good faith basis upon which one can argue that there is or at least might be a lien.
However, here, there is no lien. There was a security interest, but the lender took no steps to perfect it, either through the filing of a UCC-1 or even by filing a notice of judgment lien in the State of California. A creditor cannot, by simply checking the box labelled "secured" on its proof of claim form, make a debtor resort to the use of an adversary proceeding rather than a claim objection in order to have the claim recharacterized. The debtor is not avoiding a lien, it is seeking to properly characterize the claim as unsecured. If the lender has any basis upon which to argue that it has an enforceable lien, it has not articulated it. Sustain objection to the extent that it seeks to have the claim recharacterized as unsecured rather than secured.
With regard to the amount of the claim, if there was a bona fide dispute, court would deem the objection to be an adversary proceeding, permit the parties
10:00 AM
to conduct any necessary discovery and schedule an adversary proceeding, but where is the issue here? The parties entered into a settlement agreement pursuant to which the plaintiff received a note that, based on the express language of both the note itself and the settlement agreement, is non- interest bearing. Why, therefore, has the lender included interest at 12 percent? Where does this number come from?
Further, the note was for $225,000. Regardless of any conditional release language elsewhere in the agreement, there is one absolutely unambiguous provision that is directly on point here -- Paragraph 6 of the settlement agreement. That paragraph says, "In the event of a failure to make the payments under paragraphs 1(b) or 1(c) of this Agreement, EFR's sole remedy shall be to bring an action based upon a breach of this Agreement. In the event of a default of this under the Note, EFR's sole remedy to pursue its rights under the Note and the Security Agreement." This language could not be clearer. The point of this language is that, if the debtor failed to make the payments required under the Note and the Security Agreement, EFR could not go back and attempt to enforce its rights under the judgment. It would be limited to its rights under the Note and Settlement Agreement, meaning that EFR could be entitled to collect $225,000, less any payments made under the Note (which total $50,000). The remaining balance due, therefore, is $175,000. Perhaps EFR should be entitled to interest at the legal rate on this amount from the date of default, but this would not be 12 percent, and the lender is not entitled to post-petition interest. (Was the debtor current at the time the petition was filed? If so, EFR would not be entitled to any interest.)
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
10:00 AM
Docket 27
9/25/20 -- Court approved stipulation that resolves motion. OFF CALENDAR. CASE DISMISSED. NO APPEARANCE REQUIRED.
Debtor(s):
Donald Gregory Levenson Represented By Yoon O Ham
11:00 AM
fr. 2-15-17, 8-30-17, 2-28-18, 6-13-18, 12-12-18, 4-17-19, 8-28-19, 2-5-20,
6-3-20
Docket 1
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.
Tentative Ruling for February 5, 2020:
Continue case status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report (with accompanying declaration) not
11:00 AM
later than May 22, 2020. APPEARANCES WAIVED ON FEBRUARY 5, 2020.
Tentative Ruling for June 3, 2020:
Continue case status conference to October 7, 2020 at 11:00 a.m. Reorganized debtor should file updated status report (with accompanying declaration) not later than September 25, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for October 7, 2020:
Continue case status conference to April 7, 2021 at 11:00 a.m. Reorganized debtor should file updated status report (with accompanying declaration) not later than March 29, 2021. APPEARANCES WAIVED ON OCTOBER 7, 2020.
Debtor(s):
Hansen Freightlines Incorporated Represented By
David L. Neale Krikor J Meshefejian
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
fr. 12-18-19, 3-18-20, 6-3-20, 8-5-20
Docket 174
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.
11:00 AM
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 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.
11:00 AM
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:
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.
Tentative Ruling for March 18, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 26, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for June 3, 2020:
Court has reviewed the reorganized debtor's status report. Continue status conferences to August 5, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than July 25, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for August 5, 2020:
Court has reviewed the reorganized debtor's status report. Continue status conferences to October 7, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than September 25, 2020. APPEARANCES WAIVED ON AUGUST 5, 2020.
Tentative Ruling for October 7, 2020:
Continue case status conference to February 10, 2021 at 11:00 a.m.
11:00 AM
Reorganized debtor should file updated status report (with accompanying declaration) not later than February 1, 2021. APPEARANCES WAIVED ON OCTOBER 7, 2020.
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, 12-18-19, 3-18-20, 6-3-20, 8-5-20
Docket 1
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
11:00 AM
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:
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:
11:00 AM
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.
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:
11:00 AM
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.
Tentative Ruling for March 18, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to June 3, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than May 26, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for June 3, 2020:
Court has reviewed the reorganized debtor's status report. Continue status conferences to August 5, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than July 25, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for August 5, 2020:
Court has reviewed the reorganized debtor's status report. Continue status conferences to October 7, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than September 25, 2020. APPEARANCES WAIVED ON AUGUST 5, 2020.
Tentative Ruling for October 7, 2020:
Continue case status conference to February 10, 2021 at 11:00 a.m. Reorganized debtor should file updated status report (with accompanying declaration) not later than February 1, 2021. APPEARANCES WAIVED ON OCTOBER 7, 2020.
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
Docket 1
Zoomgov Appearance by:
9/29/20 - Louis Esbin, (661)305-8995
Tentative Ruling for December 4, 2019:
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.
12/11/19 -- Court approved order setting following dates: L/D to serve notice of bar date -- 12/13/19
Bar date -- 1/31/20
Cont'd case status conference -- 03/04/20 at 11:00 a.m.
11:00 AM
L/D to file updated case status report -- 02/21/20.
Tentative Ruling for March 4, 2020:
Status report was filed late (on February 27, 2020). Discuss with debtor pending litigation in state court concerning the parties' respective priorities. Set deadline for debtor to commence litigation in this court to resolve these issues. Explore whether ordering the parties to mediation would be useful.
Hearing required.
Tentative Ruling for July 1, 2020:
What is currently happening at the property? Who is collecting rents? Are tenants paying rent? Did debtor seek and obtain any stays pending appeal? Hearing required.
NOTE: There are a number of inaccurate or misleading statements in the case status report. For example, there is no mention made of the prior in rem order for relief.
Instead, the report makes it appear that the first time Tymeout obtained relief from stay was in the April 28, 2020 order, which was not the case. And the statement that the debtor, "of course" obtained a stay of the foreclosure proceedings by filing this case is inconsistent with the court's prior rulings in this matter.
Tentative Ruling for October 7, 2020:
Discuss with the parties whether to grant the debtor's request that the debtor and Tymeout be ordered to mediation. Hearing required.
Debtor(s):
Grandview Hills LLC Represented By Louis J Esbin
2:00 PM
Docket 147
Approve trustee's final report in full (with the fee reductions set forth in the stipulation between the U.S. Trustee and attorneys for the chapter 7 trustee). APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
California Sandblasting & Coating, Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By
Michelle A Marchisotto
2:00 PM
Docket 40
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Joseph Espiritu Pro Se
Joint Debtor(s):
Cynthia J Espiritu Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 131
Grant application. Allow on interim basis fees of $13,000 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):
Premiere Medical Management Represented By David L Oberg
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana Stephen L Raucher
2:00 PM
Docket 135
Grant application. Allow on interim basis fees of $14,567.57 and costs of $2.432.43. 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):
Premiere Medical Management Represented By David L Oberg
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana Stephen L Raucher
2:00 PM
Docket 133
Zoomgov Appearance by:
10/6/20 - Samuel Boyamian, (310)271-6223 10/6/20 - Kenneth Lau, (818)794-7430
See tentative ruling for matter no. 205.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
fr. 8-26-20
Docket 105
Zoomgov Appearance by:
10/6/20 - Samuel Boyamian, (310)271-6223 10/6/20 - Kenneth Lau, (818)794-7430
Court has a number of questions and comments on the form of the plan and disclosure statement that will be discussed on the record at the time of hearing on the disclosure statement.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
Docket 1
Zoomgov Appearance by:
10/6/20 - Samuel Boyamian, (310)271-6223 10/6/20 - Kenneth Lau, (818)794-7430
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
2:00 PM
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 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.
12/20/19 -- Court approved scheduling order setting following dates:
1/6/2020 -- L/D for debtor to file objections to claims of State Compensation Insurance Fund and 1 West Capital;
3/20/2020 -- L/D for debtor to file updated status report 3/31/2020 -- L/D for debtor to file plan and disclosure statement 4/1/2020 at 11:00 a.m. -- Cont'd case status conference
3/27/20 -- Court approved stipulation setting following dates:
L/D for debtor to file plan and disclosure statement -- June 30, 2020 Cont'd status conference -- July 1, 2020 at 11:00 a.m.
2:00 PM
OFF CALENDAR FOR APRIL 1, 2020.
Tentative Ruling for June 30, 2020:
Deadline to file plan set by the Court is June 30, 2020. Will debtor meet that deadline? If not, why not? Hearing required.
8/14/20 -- Court approved stipulation continuing hearing on disclosure statement to October 7, 2020 at 2:00 p.m. Court continued case status conference to same date and time. OFF CALENDAR FOR AUGUST 26, 2020.
Tentative Ruling for October 7, 2020:
If court approves disclosure statement, continue case status conference to same date and time as confirmation hearing.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
Docket 107
Zoomgov Appearance by:
10/5/20 - Robert Goe, (949)798-2460
10/6/20 - Charity Manee, (949)798-2460 10/6/20 - Miranda Cameron, (239)565-2101 10/6/20 - James Wong, (714)222-5552
10/6/20 - Gregory Jones, (310)429-9581
10/6/20 - Kenneth Lau, (818)794-7430
Overrule objection from David & Kimberly Tobias. Objecting parties hold an equity interest in the debtor. Equity is being wiped out under the plan.
Debtor's majority interest holder is purchasing new equity in exchange for cash infusion of $50,000. Objecting parties are not making a cash infusion. As this is a Subchapter V case, only the debtor is entitled to propose a plan
2:00 PM
and there is no absolute priority rule. Objection is not legally cognizable and was late-filed. (It was dated September 23, 2020, but was not received by the court until the following day.)
Class 1 is unimpaired and not entitled to vote. (One member of that class voted to reject the plan, but his vote does not count, as class is not entitled to vote and creditor did not file a proof of claim.)
In Class 2 (general unsecured claims), 9 claimants voted. 7 of those voted to accept the plan; 2 voted to reject. That results in approval of 77.78 percent in number and 85.56 percent in dollar amount.
Class 3 has 3 members, each of whom consented to the treatment for the class in an earlier stipulation. Plan treatment does not alter the treatment provided for by the stipulation. Class 3 can be considered unimpaired.
Class 4 is equity, which is being wiped out. Equity is deemed to reject the plan under section 1126(g), which still applies in a subchapter V case, but the plan can be confirmed over their objection under section 1191(c), if it is fair and equitable as to class 4. The provisions of section 1129(b) do not appear to apply. Instead, 1191(c) says that the requirement that a plan be fair and equitable with regard to a class of claims or interests includes the requirements set forth in section 1191(c)(2)(A) and (B). Does this plan satisfy this requirement? That is, is the debtor devoting all of its projected disposable income for a period of 3 to 5 years (or is the value of the property to be distributed not less than its projected disposable income for this period)? Can the court make the finding that the debtor will be able to make all payments due under the plan? Does the plan provide appropriate remedies to protect holders of claims in the event of default?
Hearing required.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
2:00 PM
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:00 PM
fr. 8-5-20, 8-12-20
Docket 1
Zoomgov Appearance by:
10/5/20 - Robert Goe, (949)798-2460
10/6/20 - Charity Manee, (949)798-2460 10/6/20 - Miranda Cameron, (239)565-2101 10/6/20 - James Wong, (714)222-5552
10/6/20 - Gregory Jones, (310)429-9581
10/6/20 - Kenneth Lau, (818)794-7430
Revisit status of case after conclusion of confirmation hearing.
2:00 PM
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:00 PM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information entitled "Notice of Video Appearance Procedures" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Instructions/Procedures."
Docket 0
2:00 PM
Adv#: 2:19-01177 Acra Machinery, Inc., a California corporation et v. Avakian
fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20, 9-15-20
Docket 1
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 Matthew D. Resnik
ACRA SEIKI, Inc., a California Represented By Marshall L Brubacher Matthew D. Resnik
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
2:00 PM
Negligence
fr. 8-4-20, 9-15-20
Docket 37
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 Stella A Havkin Steven M Berman
John Burgee Represented By
Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Robert Abramoff Represented By Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Lanius Law & Associates, P.C. Represented By Stella A Havkin Steven M Berman
Joseph Lanius Represented By Stella A Havkin Steven M Berman
2:00 PM
Movant(s):
Carolyn A Dye (TR) Represented By Steven M Berman Stella A Havkin
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman Stella A Havkin
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al
fr. 8-27-19, 11-19-19, 12-17-19, 2-11-20; 6-30-20, 9-15-20
Docket 1
Debtor(s):
Green-Light International, LLC Represented By David S Hagen
Defendant(s):
Burgee & Abramoff, P.C. Represented By Amy L Goldman
2:00 PM
Lovee D Sarenas Stella A Havkin Steven M Berman
John Burgee Represented By
Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Robert Abramoff Represented By Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman
Lanius Law & Associates, P.C. Represented By Stella A Havkin Steven M Berman
Joseph Lanius Represented By Stella A Havkin Steven M Berman
Plaintiff(s):
CAROLYN A DYE Represented By Steven M Berman Stella A Havkin
Trustee(s):
Carolyn A Dye (TR) Represented By Steven M Berman
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Docket 86
ZoomGov Appearance by:
Tentative Ruling for September 30, 2020:
Court agrees with the trustee that the fact that no objection to the claim has been filed in bankruptcy court is irrelevant. Further, the opposition purports to be on behalf of the debtor as well as Solis. The debtor is a corporation that is in chapter 7 and is currently controlled by the chapter 7 trustee. Solis cannot act on behalf of the debtor or direct counsel to act on its behalf.
The trustee, and only the trustee, has authority to enter into a compromise on behalf of the (debtor and) the estate (subject to court approval). The trustee has adequately set forth the basis for his conclusion that the proposed compromise is in the best interest of the estate, and the opposition does not address the merits of the compromise (that is, the trustee's contention that
$400,000 represents a reasonable compromise based on the amount of the claim asserted by Cory).
10:00 AM
The real basis of Solis' objection (and it is only Solis' objection, not the debtor's) is that, if the arbitrator decides that a commitment was made to give Cory 10 percent of the profits of the company, he will be obliged to pay the estate $400,000. The stipulation/compromise between the trustee and Solis already provides that, because the state court litigation had not been reduced to a final judgment by December 31, 2019, the trustee is entitled to a judgment against Solis for $700,000. However, the trustee is to refrain from executing on that judgment until the state court action is resolved. The compromise does not purport to bind Solis with regard to the extent of his liability to Cory. If he elects not to participate in the arbitration, he is free to relitigate in state court whether he has any personal liability to Solis (which could be for more than $700,000).
Court has no doubt that the trustee is free to negotiate with Cory how Cory's claim against the estate should be resolved and to enter into a stipulation of the kind proposed here. The real issue is whether, in light of the fact that there is an agreement on the part of Solis to pay the estate the allowed amount of Cory's claim, Solis' position has morphed into something like a guarantor or an indemnitor and whether that new status gives him the ability to weigh in on whether and at what amount the trustee chooses to resolve Cory's claim.
Walk through with the trustee how his original agreement with Solis would work and what rights the trustee would have vis-a-vis Solis if the court entered the $700,000 judgment against Solis to which the trustee is entitled.
Final Ruling for September 30, 2020:
Continue hearing to October 20, 2020 at 10:00 a.m. Not later than October 12, 2020, trustee and Solis shall file simultaneous briefs on the extent to which the settlement between the trustee and Solis put Solis in the position of an indemnitor and whether that gives him any right to prevent the trustee from entering into the proposed compromise.
Tentative Ruling for October 20, 2020:
10:00 AM
Overrule Solis' objection and approve compromise. Court agrees with trustee that settlement between trustee and Solis (the "First Agreement") is not an express indemnification agreement or something analogous thereto. The substance of the First Agreement was not the allocation of liability as between two parties obligated to Cory. Solis was/is liable to the estate/trustee under a separate theory of liability based on his receipt of fraudulent transfers.
However, the amount sought by the trustee in connection with these transfers far exceeded the possible claims against the estate. Therefore, the First Agreement is in substance not an indemnity agreement but an agreement limiting the amount of/setting a cap on Solis' liability for his receipt of fraudulent transfers. There is nothing in this agreement that alters the extent to which the trustee would be the appropriate party to enter into agreements with Cory concerning the amount of, or the method for liquidation of, Cory's claims against the estate.
Debtor(s):
West Coast Recycling Services, Inc. Represented By
James D. Hornbuckle
Movant(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
10:00 AM
MOVANT: US BANK NATIONAL ASSOCIATIONN fr. 8-11-20
Docket 38
ZoomGov Appearance by:
7/27/20 -- Court approved stipulation continuing hearing to October 20, 2020 at 10:00 a.m. OFF CALENDAR FOR AUGUST 11, 2020.
10/6/20 -- Court approved stipulation continuing hearing to December 8, 2020 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 20, 2020.
Debtor(s):
Kyle Henry Walkenhorst Represented By Michael E Clark
10:00 AM
Movant(s):
U.S. Bank National Association Represented By Sean C Ferry Byron B Mauss
Trustee(s):
Carolyn A Dye (TR) Represented By Rosendo Gonzalez
10:00 AM
MOVANT: ALBERT ISSACO C/O SUTTER HILL INVESTMENTS fr. 9-29-20
Docket 44
ZoomGov Appearance by:
9/11/20 -- Court approved stipulation continuing hearing to October 20, 2020 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 29, 2020.
10/6/20 -- Court approved stipulation continuing hearing to December 8, 2020 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 20, 2020.
Debtor(s):
Kyle Henry Walkenhorst Represented By Michael E Clark
10:00 AM
Movant(s):
ALBERT ISSACO c/o Sutter Hill Represented By
Edward G Schloss
Trustee(s):
Carolyn A Dye (TR) Represented By Rosendo Gonzalez
10:00 AM
MOVANT: TD AUTO FINANCE, LLC.
Docket 10
ZoomGov Appearance by:
10/16/20 - Sheryl Ith, 714)431-1029
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Monica Starr Represented By
Cynthia Grande
Movant(s):
TD Auto Finance LLC Represented By Sheryl K Ith
10:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: EP2 REDDING OASIS, LLC.
Docket 32
ZoomGov Appearance by:
Deny motion as moot. Case has been dismissed and motion does not seek extraordinary relief. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.
Debtor(s):
Donald Gregory Levenson Represented By Yoon O Ham
Movant(s):
EP2 Redding Oasis LLC Represented By
David W. Meadows
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, 12-10-19, 2-25-20, 6-9-20, 7-14-20
Docket 1
ZoomGov Appearance by:
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.
2:00 PM
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 February 25, 2020:
Revisit status of case after conclusion of hearing on motion to dismiss.
4/10/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to June 17, 2020 and continuing status conference to July 14, 2020 at 2:00 pm. OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for July 14, 2020:
According to status report, defendant would like to file motion to withdraw reference. What would the basis of such a motion be? Discuss timing of such a motion with parties.
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to continued status conference.
7/17/20 -- Court approved scheduling order setting following dates:
Cont'd status conference -- October 20, 2020 at 2:00 p.m. L/D to complete mediation -- October 20, 2020
L/D to lodge order appointing mediators -- August 10, 2020 L/D to file joint status report -- October 6, 2020
8/11/20 -- Court approved order appointing mediators.
Tentative Ruling for October 20, 2020:
At request of the parties, continue status conference to December 1, 2020 at 2:00 p.m. No new status report required. OFF CALENDAR FOR OCTOBER 20, 2020.
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 Zev Shechtman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
2:00 PM
Adv#: 2:20-01178 Crean v. PR Newswire Association, LLC
Docket 1
ZoomGov Appearance by:
Continue status conference to November 10, 2020 at 2:00 p.m. to be heard concurrently with motion for default judgment. OFF CALENDAR FOR OCTOBER 20, 2020.
Debtor(s):
Maureen Rose Crean Represented By Heather J Canning Joseph Brian Angelo
Defendant(s):
PR Newswire Association, LLC Pro Se
2:00 PM
Plaintiff(s):
Maureen Rose Crean Represented By
Joseph Brian Angelo
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:18-01442 Martinez v. Peters et al
fr. 2-26-19, 5-14-19, 8-27-19, 12-3-19, 4-7-20, 7-14-20
Docket 1
ZoomGov Appearance by:
10/6/20 - Sharon Martinez, (310)914-5400
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:
2:00 PM
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.
12/4/19 -- Court approved scheduling order with following dates: L/D to complete fact discovery -- April 17, 2020
Cont'd status conference -- April 7, 2020 at 2:00 p.m. L/D to file joint status report -- March 24, 2020
3/30/20 -- Court approved scheduling order with following dates: L/D to complete fact discovery -- July 10, 2020
Cont'd status conference -- July 14, 2020 at 2:00 p.m. L/D to file joint status report -- June 30, 2020
OFF CALENDAR FOR APRIL 7, 2020. NO APPEARANCE REQUIRED.
Tentative Ruling for July 14, 2020:
At parties' request, continue status conference to October 16, 2020 at 2:00 p.m. Set discovery cutoff for October 9, 2020. Parties should file an updated joint status report not later than October 2, 2020. APPEARANCES WAIVED ON JULY 14, 2020.
PLAINTIFF SHOULD LODGE A SCHEDULING ORDER WITH THESE DATES.
7/15/20 -- Court signed scheduling order (with slightly different dates than above): Cont'd status conference -- October 20, 2020 at 2:00 p.m.
L/D to conduct fact discovery -- October 9, 2020 L/D to file joint status report -- October 6, 2020
2:00 PM
Tentative Ruling for October 20, 2020:
Discovery cutoff for fact discovery was October 9. Are parties requesting extension of this deadline? Set deadlines for exchange of expert witness reports and completion of expert witness discovery. Set deadline for filing pretrial motions and joint pretrial order. Set pretrial conference date.
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
Trustee(s):
David M Goodrich (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, 11-5-19, 2-11-20, 4-7-20, 7-14-20
Docket 1
ZoomGov Appearance by:
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
2:00 PM
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.
11/6/19 -- Court entered scheduling order setting status conference for February 11, 2020 at 2:00 p.m. and setting deadline of January 21, 2020 for defendant to file motion to set aside default.
Tentative Ruling for February 11, 2020:
Continue status conference for approximately 90 days. If defendant fails to file response to complaint within time limit set forth in response to motion on calendar as number 207, plaintiffs should take defendant's default, serve and file a motion for default judgment and set it for hearing at same date and time as continued status conference.
Tentative Ruling for April 7, 2020:
At request of parties, continue status conference to July 14, 2020 at 2:00 p.m. Parties should file joint status report not later than June 30, 2020.
APPEARANCES WAIVED ON APRIL 7, 2020.
Tentative Ruling on July 14, 2020:
This action has been pending for a year, and yet the parties have not yet met and conferred in compliance with LBR 7026-1? Court appreciates that parties may wish to avoid costs associated with discovery, but it is time for this matter to either be resolved or to move forward. Set continued status conference. Require parties to complete a day of mediation prior to date of continued status conference. (There are mediators willing to conduct mediations via Zoom.)
Final Ruling from July 14, 2020:
Defendant did not appear at status conference. Court continued status conference to
2:00 PM
October 20, 2020 at 2:00 p.m. and directed parties to file joint status report by October 6, 2020. Plaintiff should file and serve a notice of the continued status conference.
Tentative Ruling for October 20, 2020:
Is there any difference between the joint status report filed on October 6, 2020 and that filed on October 7, 2020?
Continue status conference to date that can serve as hearing date on motions that plaintiff intends to file.
Debtor(s):
David Gomez Represented By
Raj T Wadhwani
Defendant(s):
David Gomez Represented By Warren M Stanton
Plaintiff(s):
PEOPLE OF THE STATE OF Represented By 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 Michael R Pinkston Maisie C Sokolove Christine S Hwang
2:00 PM
Trustee(s):
S Bradley Perkins Thomas E Fraysse Elizabeth Medrano Peter W Saltzman Justin T Curley
D Ward Kallstrom
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
fr. 9-17-19, 10-1-19, 11-5-19, 1-28-20, 4-14-20, 5-12-20, 7-21-20
Docket 1
ZoomGov Appearance by:
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.
2:00 PM
11/13/19 -- Court entered order granting motion to dismiss second claim for relief (523(a)(4)) without leave to amend and granting with regard to claims under section 523(a)(2)(A) and 523(a)(6) with leave to amend. Amended complaint must be filed and served by November 26, 2019. Defendant shall file and serve response not later than January 7, 2020.
Tentative Ruling for January 28, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/24/20 -- Court approved stipulation continuing status conference to May 12, 2020 at 2:00 p.m. OFF CALENDAR FOR APRIL 14, 2020.
Tentative Ruling for May 12, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for July 21, 2020:
Explain to defendant that, even if he plans to represent himself, he must cooperate in the information exchange required by Rule 7026 and must participate in the preparation of joint status reports. Continue status conference approximately 90 to 120 days and require parties to complete a day of mediation prior to date of continued status conference.
7/27/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- October 20, 2020 at 2:00 p.m.
L/D to file joint status report -- October 6, 2020 L/D to complete mediation -- October 20, 2020
L/D to lodge order appointing mediator -- August 10, 2020
8/11/20 -- Court extended deadline for lodging order selecting mediators to August 24, 2020.
Tentative Ruling for October 20, 2020:
2:00 PM
At request of parties in light of settlement, continue status conference to December 8, 2020 at 2:00 p.m. Parties should file updated status report not later than November 24, 2020 if matter has not been dismissed by then. OFF CALENDAR FOR OCTOBER 20, 2020.
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
fr. 11-6-19, 2-11-20, 3-10-20, 5-5-20, 7-14-20
Docket 40
ZoomGov Appearance by:
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.
3/4/20 -- Court approved stipulation continuing status conference to May 5, 2020 at 2:00 p.m. and extending deadline for filing joint status report to April 21, 2020. OFF CALENDAR FOR MARCH 10, 2020.
4/21/20 -- Court approved stipulation continuing status conference to July 14, 2020 at 2:00 p.m. and extending deadline for filing joint status report to June
2:00 PM
30, 2020. OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for July 14, 2020:
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
7/22/20 -- Court approved scheduling order setting following dates:
L/D to file joint status report -- October 6, 2020 L/D to complete mediation -- October 20, 2020
L/D to lodge order appointing mediators -- August 10, 2020 Cont'd status conference -- October 20, 2020 at 2:00 pm
8/10/20 -- Court signed order appointing mediators.
10/5/20 -- Court approved stipulation continuing status conference to November 10, 2020 at 2:00 p.m., extending the deadline to complete mediation to October 26, 2020 and moving the deadline to file a joint status report to October 27, 2020. OFF CALENDAR FOR OCTOBER 20, 2020.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Movant(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:20-01177 Bradley, M.D. et al v. Dickens, III
Docket 1
ZoomGov Appearance by:
Set deadline for defendant to file motion for summary judgment/partial summary adjudication. Continue status conference to date of hearing on that motion. Discuss with parties whether mediation would be helpful in this matter and, if so, when.
Debtor(s):
Harold Winfred Dickens III Pro Se
Defendant(s):
Harold Winfred Dickens III Pro Se
Plaintiff(s):
Kenneth S. Bradley, M.D. Represented By
2:00 PM
Joseph P Fleming
Southern California Pain Represented By Joseph P Fleming
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:20-01121 Pringle v. Cho
fr. 7-21-20
Docket 1
ZoomGov Appearance by:
Answer to complaint was due on June 18, 2020. Parties may not simply grant open ended extensions of response deadline without court approval. Set new deadline for defendant to respond to complaint. (Parties may submit written stipulation if they would like to further extend deadline.) Set continued status conference and direct parties to complete a day of mediation prior to date of continued status conference.
7/28/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- October 20, 2020 at 2:00 p.m.
L/D to file joint status report -- October 6, 2020
2:00 PM
L/D to complete mediation -- October 20, 2020
L/D for defendant to file and serve response to Trustee's complaint -- August 24, 2020
L/D to lodge order appointing mediator -- August 10, 2020
8/10/20 -- Court approved scheduling order setting following dates:
L/D to lodge order appointing mediator -- November 10, 2020 Cont'd status conference -- December 15, 2020 at 2:00 p.m. L/D to file joint status report -- December 1, 2020
L/D to complete mediation -- December 15, 2020
OFF CALENDAR FOR OCTOBER 20, 2020.
Debtor(s):
Ho Young Cho Represented By Kelly K Chang
Defendant(s):
Steve Cho Pro Se
Plaintiff(s):
John P. Pringle Represented By Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Adv#: 2:20-01157 Yoo v. Morga et al
fr. 9-15-20
Docket 1
ZoomGov Appearance by:
10/16/20 - Carmela Pagay, (310)229-1234
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.
9/11/20 -- Court approved stipulation continuing deadline to respond to complaint to September 14, 2020 and continuing status conference to October 20, 2020 at 2:00 p.m. OFF
CALENDAR FOR SEPTEMBER 15, 2020.
Tentative Ruling for October 20, 2020:
At request of parties, continue status conference to December 8, 2020 at 2:00
p.m. Parties should file updated status report not later than November 24, 2020 if matter has not been dismissed by then. OFF CALENDAR FOR OCTOBER 20, 2020.
2:00 PM
Debtor(s):
Juanita Frances Lohran Represented By Timothy McFarlin
Defendant(s):
Teresa Ann Morga Pro Se
Juanita Frances Lohran Pro Se
Plaintiff(s):
Timothy J Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:20-01159 Yoo v. Kreimann et al
Complaint by Timothy J Yoo against Max Kreimann, Juanita Frances Lohran fr. 9-15-20
Docket 1
ZoomGov Appearance by:
10/16/20 - Carmela Pagay, (310)229-1234
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.
9/11/20 -- Court approved stipulation continuing deadline to respond to complaint to September 14, 2020 and continuing status conference to October 20, 2020 at 2:00 p.m. OFF
CALENDAR FOR SEPTEMBER 15, 2020.
Tentative Ruling for October 20, 2020:
At request of parties, continue status conference to December 8, 2020 at 2:00
p.m. Parties should file updated status report not later than November 24, 2020 if matter has not been dismissed by then. OFF CALENDAR FOR OCTOBER 20, 2020.
2:00 PM
Debtor(s):
Juanita Frances Lohran Represented By Timothy McFarlin
Defendant(s):
Max Kreimann Pro Se
Juanita Frances Lohran Pro Se
Max Kreimann as Trustee of the Pro Se
Plaintiff(s):
Timothy J Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:20-01179 Discovery Estates, LLC v. NJR Three Properties LLC et al
Docket 1
ZoomGov Appearance by:
10/19/20 - Fred Hickman, (714)315-1565
9/16/20 -- At hearing held this date on UST's motion to dismiss underlying case (which was granted), court instructed parties to dispense with joint status report and, instead, to file 2 weeks before the status conference simultaneous briefs on whether or not this court can or should retain jurisdiction over the adversary proceeding notwithstanding dismissal of the underlying case.
Replies may be filed one week prior to the hearing. Tentative Ruling for October 20, 2020:
Sixth and Seventh Claims for relief are within the exclusive jurisdiction of the bankruptcy court. It would be inappropriate for state court to be the arbiter of
2:00 PM
the extent to which the defendant can enforce the "in rem" order granted in the Murillo case. Rulings made in the context of a hearing on a motion for relief from stay or to impose the stay are analogous to provisional remedies. Court will retain jurisdiction over this adversary proceeding at this point solely for the purpose of resolving the sixth and seventh claims for relief, which the Court will bifurcate from remaining issues and adjudicate first. There is no factual overlap between these issues and the remaining claims asserted by the complaint. Once these claims have been resolved, court will dismiss remainder of the action.
Set deadline for the parties to conduct any necessary discovery and schedule pretrial conference.
Debtor(s):
Discovery Estates, LLC Represented By Brandon J Anand
Defendant(s):
NJR Three Properties LLC Represented By Frederick J Hickman
Mark A Cilani Represented By Frederick J Hickman
Mark E Reynolds Represented By Frederick J Hickman
Trimark Funding, Inc. Represented By Frederick J Hickman
Kori L Walters Represented By Frederick J Hickman
DOES 1-20 Pro Se
Plaintiff(s):
Discovery Estates, LLC Represented By Brandon J Anand
2:00 PM
2:00 PM
Adv#: 2:20-01079 Davis v. Andrachick
Docket 24
ZoomGov Appearance by:
Deny motion. Debtor had a duty to maintain current address on file with bankruptcy court. Plaintiff served the complaint on debtor at the address then on file with the bankruptcy court. As soon as she filed a change of address with the bankruptcy court, all subsequent documents, including notices of continued status conferences, the request for entry of default, a unilateral status report, the motion for default judgment and the notice of hearing thereon were served on debtor at her then current address. (She also does not explain when/how she first learned of this adversary proceeding.
Apparently, she is arguing that she disregarded all of the papers she received because she was also litigating with the plaintiff in state court. This is not excusable neglect. Even glancing at the documents would have shown her that they related to something pending in bankruptcy court and not to any state court proceeding then pending.)
Further, even if the court were to find excusable neglect, the motion should not be granted unless the motion sets forth a basis upon which the court can
2:00 PM
conclude that the debtor may have a meritorious defense. Nothing contained in the motion amounts to a meritorious defense. Although approximately
$9,000 of the amounts awarded to plaintiff were also nondischargeable under section 523(a)(6), all amounts awarded in the judgment were declared nondischargeable under section 523(a)(15) because these obligations were imposed by the property settlement provisions of a court order entered in connection with the parties' divorce proceedings. The inadmissible letter from Citi attached as Exhibit 2 that defendant is apparently offering for the truth of the matter asserted has nothing to do with the extent to which the defendant was required to pay amounts under the parties' divorce settlement.
Debtor(s):
Jaime J Andrachick Represented By Jaenam J Coe
Defendant(s):
Jaime J Andrachick Represented By Jaenam J Coe
Movant(s):
Jaime J Andrachick Represented By Jaenam J Coe
Plaintiff(s):
Shaun Davis Represented By
David Brian Lally
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:20-01048 Dye v. Chen et al
Docket 49
ZoomGov Appearance by:
10/19/20 - Samuel Boyamian (310)271-6223
(Note: Status conference is scheduled for October 27, 2020 at 2:00 p.m.)
Court agrees that the relevant date for determining when the transfer was made was the date of recordation -- September 17, 2013 -- not the date written on the grant deed. It is also irrelevant that the debtor and Sallyport have since entered into a stipulation resolving their respective disputes, particularly in light of the fact that that resolution leaves Sallyport with a stipulated judgment for a nondischargeable, unsecured claim of $1,150,000.
This is not a motion for summary judgment. It is a motion to dismiss. Court should treat the allegations of the complaint as true and assess whether they are sufficient to state a claim. Trustee has satisfied this requirement.
2:00 PM
Deny motion. Trustee has sufficiently pleaded a claim under sections 544 and 3439.04(a)(1). b
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
Michael Jay Berger
Movant(s):
Bin Wang Represented By
Michael Jay Berger
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
2:00 PM
Adv#: 2:19-01184 DYE v. de Gallegos et al
Docket 48
ZoomGov Appearance by:
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
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
2:00 PM
Movant(s):
CAROLYN A DYE Represented By Steven M Berman
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, 12-17-19, 2-11-20, 6-30-20, 9-15-20
Docket 1
ZoomGov Appearance by:
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 PM
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.
Tentative Ruling for February 11, 2020:
Set discovery cutoff for early June, 2020. Set final status conference for shortly before discovery cutoff.
4/22/20 -- Court approved scheduling order with the following dates: Cont'd status conference -- June 30, 2020 at 2:00 p.m.
L/D to file joint status report -- June 16, 2020 Discovery cutoff -- July 31, 2020
Tentative Ruling for June 30, 2020:
Set discovery cutoff for late November, 2020. Set deadline for filing pretrial motions. Set final status conference for approximately 90 to 120 days.
6/30/20 -- Court signed scheduling order with following dates: Discovery cutoff -- October 31, 2020
Cont'd status conference -- September 15, 2020 at 2 L/D to file joint status report -- September 1, 2020
L/D to exchange expert witness reports/designate experts -- November 16, 2020
L/D to complete expert discovery -- December 1, 2020
8/28/20 -- Court approved compromise between trustee and defendant Max
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Charles Moore III resolving all claims against him. Tentative Ruling for September 15, 2020:
Continue status conference to October 20, 2020 at 2:00 p.m. to be heard concurrently with Trustee's motion for partial summary adjudication. Parties need not file new status report for that conference. OFF CALENDAR FOR SEPTEMBER 15, 2020.
Tentative Ruling for October 20, 2020:
Discuss with parties anticipated dates for filing revised motion for partial summary adjudication. Hearing required.
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
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Docket 12
ZoomGov Appearance by:
As US Trustee points out in the reply brief, respondent does not deny preparing the debtors' bankruptcy paperwork, does not discuss how much he was paid, does not address the use of fraudulent certificates of prepetition credit counseling and does not dispute having a business card that identifies him as a paralegal, that he collected the filing fee or that he gave the debtor's legal advice as to how to complete the documents. His name and social security number do not appear in the appropriate places in the petition filing package.
Accordingly, grant the motion in full. Fine respondent $5,000 for 10 violations of sction 110 and order respondent to disgorge amounts that debtors testify they paid him -- $1,835. Impose liquidated damages of twice the amount paid ($1,835 x 2 = $3,670).
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Debtor(s):
Gabriel Flores Represented By Mark E Brenner
Joint Debtor(s):
Zoraya Flores Represented By Mark E Brenner
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Authorizing Sale of 2016 Subaru Forester Pursuant to 11 U.S.C 363(b);
Approving Bidding Procedures;
Approving Buyer as Good Faith Purchaser Pursuant to 11 U.S.C 363(m);
Docket 14
ZoomGov Appearance by:
Grant motion. Approve overbid procedures. Approve sale to highest bidder.
Debtor(s):
Epicurean Holdings LLC Represented By James R Selth
Movant(s):
David M Goodrich (TR) Pro Se
10:00 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 272
ZoomGov Appearance by:
10/20/20 - Cassendra Richey, (626)278-6227
What is the status of the parties' efforts to resolve this consensually? Why won't the debtor agree to the modification requested by the lender, as it is in the debtor's best interest to make the changes requested by the lender.
Would the debtor prefer that the court order the debtor to comply with the stipulation and overpay the lender? Hearing required.
Debtor(s):
Philis Groomes-Love Represented By
Blake J Lindemann
Movant(s):
Wells Fargo Bank, N.A. Represented By Gerald S Kim Dean G Rallis Jr
10:00 AM
Matthew D Pham Cassandra J Richey
10:00 AM
fr. 10-2-19, 1-15-20, 4-15-20, 6-17-20, 7-15-20, 8-5-20, 8-12-20, 9-30-20
Docket 1
ZoomGov Appearance by:
10/19/20 - Najah Shariff, (213)894-2534 10/20/20 - Vincent Alexander (954)939-3371
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
10:00 AM
deadline for filing plan at continued status conference.
Final Ruling for October 2, 2019:
Continue case status conference to January 15, 2020 at 11:00 a.m. Debtor should file and serve updated status report not later than January 3, 2020.
Tentative Ruling for January 15, 2020:
Status report was filed belatedly on January 12, 2020. Has debtor filed the valuation motions referenced in the status report? When/how does the debtor anticipate resolving the issues concerning Gentle Care Transport, Inc.
Hearing required.
Tentative Ruling for April 15, 2020:
Where is the status report that the Court directed the debtor to file by April 3, 2020?
Revisit status of case after conclusion of hearing on U.S. Trustee's motion to dismiss or convert.
Tentative Ruling for June 17, 2020:
Set continued status conference for approximately 90 days. Order trustee to file updated status report prior to continued status conference.
Tentative Ruling for July 15, 2020:
Tentative Ruling for August 5, 2020:
10:00 AM
Continue case status conference to August 5, 2020 at 2:00 pm to be heard concurrently with continued hearing on disclosure statement.
Tentative Ruling for August 5, 2020:
Continue case status conference to date of continued hearing on disclosure statement.
Tentative Ruling for August 12, 2020:
Continue case status conference to date of confirmation hearing.
Tentative Ruling for September 30, 2020:
If court confirms plan, set post confirmation status conference. If court continues confirmation hearing, continue case status conference to date of continued confirmation hearing.
Tentative Ruling for October 21, 2020:
Parties were able to resolve objections concerning the form of the confirmation order. OFF CALENDAR. COURT SET POST- CONFIRMATION STATUS CONFERENCE FOR MARCH 3, 2021 AT 11:00 A.M.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
10:00 AM
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
11:00 AM
Docket 671
ZoomGov Appearance by:
10/19/20 - Elissa Miller, (213)617-5234
10/20/20 - Kenneth Lau, (818)794-7430
Trustee is not yet persuaded that the property is burdensome or of inconsequential value. Trustee is in negotiations to determine whether there may be value here for the benefit of the estate. Deny motion or, if debtor would prefer, continue hearing to give trustee an opportunity to continue negotiations with Chase.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
11:00 AM
Movant(s):
Samuel Michael Saber Represented By Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
11:00 AM
fr. 1-29-20, 3-4-20, 3-18-20, 3-26-20, 4-1-20, 5-6-20, 7-15-20
Docket 323
ZoomGov Appearance by:
10/19/20 - Elissa Miller, (213)617-5234
10/20/20 - Kenneth Lau, (818)794-7430
Grant Chase's request for continuance to give lender an opportunity to obtain an appraisal and conduct discovery.
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020.
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4/29/20 -- At hearing held this date, Court continued this hearing to July 15, 2020 at 11:00 a.m. OFF CALENDAR FOR MAY 6, 2020.
Tentative Ruling for July 15, 2020:
Tentative Ruling for October 21, 2020:
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
11:00 AM
Movant(s):
Samuel Michael Saber Represented By Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
11:00 AM
fr. 3-4-20, 3-18-20, 3-26-20, 4-1-20, 5-6-20, 7-15-20
Docket 338
ZoomGov Appearance by:
10/19/20 - Elissa Miller, (213)617-5234
10/20/20 - Kenneth Lau, (818)794-7430
2/21/20 -- Court approved stipulation continuing hearing to March 18, 2020 at 2:00 p.m. OFF CALENDAR FOR MARCH 4, 2020.
3/6/20 -- Court approved stipulation continuing hearing to April 1, 2020 at 11:00 a.m. OFF CALENDAR FOR MARCH 26, 2020.
3/24/20 -- Court approved stipulation continuing hearing to May 6, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020. (Court approved
stipulation extending reply deadline to May 4, 2020.)
4/29/20 -- At hearing held this date, Court continued this hearing to July 15,
11:00 AM
2020 at 11:00 a.m. OFF CALENDAR FOR MAY 6, 2020.
Tentative Ruling for July 15, 2020:
Motion has been withdrawn by movant. Off calendar. No appearance necessary.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
11:00 AM
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
11:00 AM
Docket 669
Zoomgov Appearance by:
10/19/20 - Elissa Miller, (213)617-5234
10/20/20 - Kenneth Lau, (818)794-7430
10/20/20 - Helen Frazer, (949)500-6108
Hearing required.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
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, 12-18-19, 3-18-20, 7-22-20
Docket 1
ZoomGov Appearance by:
10/20/20 - Kenneth Lau, (818)794-7430
10/21/20 - Raymon Aver, (310)571-3511
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
11:00 AM
imposed by the Court.
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
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
11:00 AM
matter?
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with hearing on amended disclosure statement. OFF CALENDAR FOR 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
11:00 AM
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.
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.
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Tentative Ruling for March 18, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to July 22, 2020 at 11:00 a.m. Reorganized debtor should file updated case status report not later than July 10, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for July 22, 2020:
According to the reorganized debtor's status report, debtor is delinquent on payments due McHugh for the class 2, 3 and 4 claims "for the month of April 2020." What about the months of May, June and July? Is the reorganized debtor also delinquent on the payments for those months? Has the debtor had any discussions with the holder of these claims and, if so, have the parties agreed to anything? Hearing required.
Final Ruling for July 22, 2020:
Parties are in negotiations about a forebearance. Continue hearing to October 21, 2020 at 11:00 a.m. Reorganized debtor should file updated status report by October 9, 2020.
Tentative Ruling for October 21, 2020:
Status report was filed late. The emails attached to the status report predate the last status conference. What, if anything, has been accomplished with regard to the McHugh negotiations since the July status conference? Hearing required.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
11:00 AM
fr. 12-12-18, 3-13-19, 6-12-19, 11-6-19, 2-19-20, 3-4-20, 5-21-20
Docket 1
ZoomGov Appearance by:
10/19/20 - Todd Arnold, (310)229-1234
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
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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.
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.
11/13/19 -- Court approved scheduling order with following dates:
New deadline for debtor to file plan and disclosure statement -- January 8, 2020
Hearing on disclosure statement -- February 19, 2020 at 2
11:00 AM
Cont'd status conference -- February 19, 2020 at 2
2/11/20 -- Court approved stipulation continuing hearing to March 4, 2020 at 2:00 p.m. OFF CALENDAR FOR FEBRUARY 19, 2020.
Tentative Ruling for March 4, 2020:
Revisit status of case after conclusion of hearing on disclosure statement.
Tentative Ruling for May 21, 2020:
If Court confirms plan, take case status conference off calendar and schedule post- confirmation status conference. Set deadline for reorganized debtor to file post- confirmation status report accompanied by a declaration from someone with personal knowledge as to the status of the payments required under the plan.
Tentative Ruling for October 21, 2020:
Court has reviewed reorganized debtor's status report. Continue case status conference to April 21, 2021 at 11:00 a.m. Reorganized debtor should file updated status report accompanied by declaration from someone with personal knowledge not later than April 9, 2021. APPEARANCES WAIVED ON OCTOBER 21, 2020.
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
11:00 AM
Docket 1
5/15/20 - ORDER ENTERED FOR ABSTENTION AND CLOSING OF CASE.
ZoomGov Appearance by:
10/20/20 - Kenneth Lau, (818)794-7430 10/20/20 - John-Patrick Fritz, (323)240-1174
Set deadline for debtor to serve notice of bar date and bar date. Discuss with debtor plan procedures and deadline for filing plan of reorganization. Discuss with debtor issues raised by proposed financing.
Hearing required.
5/4/20 -- Court signed scheduling order with following dates: Cont'd status conference -- July 22, 2020 at 11:00 am
L/D to serve bar date notice -- May 8, 2020 Bar date -- June 30, 2020
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L/D to file updated status report -- July 10, 2020 L/D to file plan -- August 24, 2020.
Tentative Ruling for July 22, 2020:
Court has reviewed debtor's status report. Continue status conference to August 26, 2020 at 11:00 a.m. Debtor should file updated status report not later than August 17, 2020.
Tentative Ruling for August 26, 2020:
Court has reviewed debtor's status report. Continue status conference to October 21, 2020 at 11:00 a.m. Debtor should file updated status report not later than October 9, 2020. APPEARANCES WAIVED ON AUGUST 26, 2020.
Tentative Ruling for October 21, 2020:
Court has reviewed debtor's status report. Continue status conference to December 9, 2020 at 11:00 a.m. Debtor should file updated status report not later than November 25, 2020. APPEARANCES WAIVED ON OCTOBER 21, 2020.
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Represented By
John-Patrick M Fritz
11:00 AM
Docket 1391
ZoomGov Appearance by:
10/16/20 - Carlos A De La Paz, (888)416-5006
10/19/20- Anthony Bosconti, (213)528-3400
10/20/20 -- Court approved stipulation continuing hearing to November 4, 2020 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 21, 2020.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
Michael Jay Berger
Movant(s):
Bradley D. Sharp (TR) Represented By
11:00 AM
Trustee(s):
Zev Shechtman Uzzi O Raanan ESQ John N Tedford IV
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford IV
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
fr. 3-18-20, 6-10-20, 8-5-20, 8-26-20, 9-30-20
Docket 1337
ZoomGov Appearance by:
10/16/20 - Carlos A De La Paz, (888)416-5006
10/19/20- Anthony Bosconti, (213)528-3400
Discuss with parties how to proceed at this juncture in light of partial reversal and remand from district court. Explore whether trustee would like to submit new papers or have court revisit compensation based on existing record.
Hearing required.
4/23/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 3, 2020
L/D for Clifton Capital to file response -- July 15, 2020 L/D for trustee to file reply -- July 29, 2020
Cont'd hearing -- August 5, 2020 at 11:00
11:00 AM
5/27/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 17, 2020
L/D for Clifton Capital to file response -- August 5, 2020 L/D for trustee to file reply -- August 19, 2020
Cont'd hearing -- August 26, 2020 at 11:00
OFF CALENDAR FOR AUGUST 5, 2020.
8/26/20 -- Court approved stipulation continuing following dates: L/D for Clifton Capital to file response -- September 9, 2020
L/D for trustee to file reply -- October 7, 2020 Cont'd hearing -- October 21, 2020 at 11:00
OFF CALENDAR FOR SEPTEMBER 30, 2020.
8/4/20 -- Court approved stipulation continuing following dates: L/D for Clifton Capital to file response -- August 26, 2020
L/D for trustee to file reply -- September 16, 2020 Cont'd hearing -- September 30, 2020 at 11:00
OFF CALENDAR FOR AUGUST 26, 2020.
10/20/20 -- Court approved stipulation continuing hearing to November 4, 2020 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 21, 2020.
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
11:00 AM
John N Tedford IV
Brian Weiss Represented By
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, 8-7-19, 9-11-19, 12-11-19, 1-8-20, 1-9-20, 3-18-20,
5-6-20, 8-5-20
Docket 1
ZoomGov Appearance by:
10/16/20 - Carlos A De La Paz, (888)416-5006
10/19/20- Anthony Bosconti, (213)528-3400
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?
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Hearing required.
6/7/16 -- Court approved order setting following dates: Bar date -- July 15, 2016
L/D to serve notice of bar date -- May 13, 2016 L/D to file plan -- September 30, 2016
Cont'd status conference -- June 7, 2016 at 3:00 p.m.
Tentative Ruling for July 21, 2016:
Where is the case status report that should have been filed by July 8, 2016?
7/20/16 -- At hearing held this date, Court heard status conference, as all parties were present and continued status conference to July 27, 2016 at 10:00 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
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trustee see this case going? Hearing required.
11/28/16 -- Court approved stipulation continuing hearing to December 7, 2016 at 11:00 a.m. OFF CALENDAR FOR NOVEMBER 30, 2016. NO
APPEARANCE REQUIRED.Hearing required.
Tentative Ruling for December 7, 2016:
What is the status of the trustee's administration of this case? Hearing required.
Tentative Ruling for March 8, 2017:
The case status conference does not mention any investigation or analysis by the trustee of any possible substantive consolidation issues. Has the trustee commenced or concluded such an analysis? Does the trustee have a sense 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.
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Are there any upcoming hearings scheduled in this chapter 11 case?
Final Ruling for August 16, 2017:
Continue status conference to October 18, 2017 at 2:00 p.m. Updated status report should be served and filed not later than October 6, 2017.
Tentative Ruling for October 18, 2017:
Continue case status conference to January 10, 2018 at 2:00 p.m.
Disclosure statement should be noticed for same date and time, provided it is filed and served not less than 42 days before this date. Waive requirement of updated status report. APPEARANCES WAIVED ON OCTOBER 18, 2017.
1/9/18 -- Court approved stipulation continuing status conference to February 14, 2018 at 11:00 a.m. OFF CALENDAR FOR JANUARY 10, 2018.
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.
11:00 AM
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 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.
Tentative Ruling for January 9, 2020:
What, if anything, has transpired since the last status report? Did a
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foreclosure sale occur on December 12? If so, what happened at the sale? Hearing required.
Tentative Ruling for March 18, 2020:
Did the foreclosure proceed on March 16? If not, why not? How will the closure of restaurants in Los Angeles impact the trustee's ability to perform under the confirmed plan? Hearing required.
Final Ruling for March 18, 2020:
Parties have entered into a second amended forebearance agreement, postponing foreclosure to April 15, 2020 in exchange for an additional payment of $12,500. Continue status conference to May 6, 2020 at 11:00
a.m. Plan trustee should file updated status report addressing plan compliance issues not later than April 24, 2020.
Tentative Ruling for May 6, 2020:
Court has reviewed trustee's status report. Continue case status conference to August 5, 2020 at 11:00 a.m. Plan trustee should file updated status report not later than July 24, 2020. APPEARANCES WAIVED ON MAY 6, 2020.
Tentative Ruling for August 5, 2020:
Court has reviewed the plan trustee's status report. Continue status conferences to October 21, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than October 9, 2020. APPEARANCES WAIVED ON AUGUST 5, 2020.
Tentative Ruling for October 21, 2020:
Court has reviewed the plan trustee's status report. Continue status conferences to January 27, 2021 at 11:00 a.m. Reorganized debtor should file updated status report not later than January 15, 2021. APPEARANCES WAIVED ON OCTOBER 21, 2020.
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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 Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
Docket 66
ZoomGov Appearance by:
10/14/20 - Joseph Dunn, (858)314-1516
10/20/20 - Kenneth Lau, (818)794-7430 10/21/20 - William Coffee, (949)757-1600
10/7/20 -- Court approved stipulation resolving motion. MOTION WITHDRAWN. OFF CALENDAR.
Debtor(s):
Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot
Movant(s):
United States Trustee (LA) Represented By
11:00 AM
Kenneth G Lau
11:00 AM
Docket 1
ZoomGov Appearance by:
10/14/20 - Joseph Dunn, (858)314-1516
10/20/20 - Kenneth Lau, (818)794-7430 10/21/20 - William Coffee, (949)757-1600
Tentative Ruling for April 29, 2020:
Set deadline for service of notice of bar date and bar date. Continue case status conference approximately 90 to 120 days. Set deadline for filing updated status report.
4/29/20 -- Court approved scheduling order setting following dates: L/D to mail notice of bar date -- May 15, 2020
Bar date -- July 10, 2020
11:00 AM
Cont'd status conference -- August 5, 2020 at 11:00 L/D to file updated status report -- July 24, 2020
Tentative Ruling for August 5, 2020:
Were the proofs of claim filed in line with the debtor's expectations or did anything surprising get filed? What does the debtor anticipate that its plan will look like?
Hearing required.
Final Ruling for August 5, 2020:
Continue case status conference to October 21, 2020 at 11:00 a.m. Debtor should file updated status report not later than October 9, 2020.
Tentative Ruling for October 21, 2020:
Set deadline for filing sale motion and deadline for filing plan of reorganization.
Debtor(s):
Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: OM YERMO, LLC. fr. 7-21-20, 9-8-20
Docket 45
ZoomGov Appearance by:
10/22/20- Allen Ostergar, (949)305-4590 10/26/20 - Wesley Avery, (626)395-7576
7/14/20 -- Court approved stipulation continuing hearing to September 8, 2020 at 10:00 a.m. OFF CALENDAR FOR JULY 21, 2020.
Tentative Ruling from September 8, 2020:
The multiple bankruptcy filings here were not the result of a scheme to hinder, delay or defraud creditors. Debtor refiled chapter 7 (with the court's permission) after the court concluded that the debtor's case did not belong in chapter 11 (or that debtor seemed either unwilling or unable to take the steps
10:00 AM
necessary to diligently prosecute a chapter 11 case). Trustee is now proceeding diligently forward with a sale of the property that should satisfy all liens. There is now insurance on the property and an adequate equity cushion to provide protection while the trustee consummates a sale. Deny motion without prejudice to renewing the motion if the trustee fails to move forward diligently with the sale process.
(NOTE: Court is confused. Motion represents that trustee has 3 buyers interested in the property doing their due diligence and that the trustee anticipates having an offer within 30 days. Did the sale that the court already approved fall through?)
Final Ruling from September 8, 2020:
Trustee still working through issues necessary to close sale (locating title insurance company comfortable issuing policy.) Continue hearing to October 27, 2020 at 10:00 a.m.
Tentative Ruling for October 27, 2020:
What, if any, progress has been made toward closing a sale of the property since the hearing on September 8, 2020? Hearing required.
10/26/20 -- Court approved stipulation continuing hearing to December 15, 2020 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 27, 2020.
Debtor(s):
Gardena Business Group LLC Represented By
Richard L. Sturdevant
Movant(s):
OM Yermo LLC Represented By John E Lattin
Trustee(s):
John J Menchaca (TR) Represented By
10:00 AM
Wesley H Avery
10:00 AM
[OST]
Docket 114
ZoomGov Appearance by:
10/26/20 - Wesley Avery, (626)395-7576
Grant motion. Approve compromise.
Debtor(s):
Gardena Business Group LLC Represented By
Richard L. Sturdevant
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:00 PM
Adv#: 2:19-01242 Cabrera v. Bronson
Bronson
fr. 10-1-19, 11-12-19, 3-17-20; 6-30-20
Docket 1
ZoomGov Appearance by:
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:
2:00 PM
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.
Final Ruling for November 12, 2019:
Continue status conference to March 17, 2020 at 2:00 p.m. Parties should file joint status report by March 3, 2020. Court set deadline of November 27, 2020 for defendant to file and serve answer to first and third claims for relief. (Second and fourth claims for relief were dismissed with prejudice.)
Tentative Ruling for March 17, 2020:
At request of parties, continue status conference to June 30, 2020 at 2:00
p.m. Parties should file updated status report not later than June 16, 2020. APPEARANCES WAIVED ON MARCH 17, 2020.
Tentative Ruling for June 30, 2020:
At request of parties, continue status conference to October 27, 2020 at 2:00
p.m. Parties should file updated status report not later than October 13, 2020. APPEARANCES WAIVED ON JUNE 30, 2020.
Tentative Ruling for October 27, 2020:
At request of parties, continue status conference to February 23, 2021 at 2:00
p.m. Parties should file updated status report not later than February 9, 2020. APPEARANCES WAIVED ON OCTOBER 27, 2020.
Debtor(s):
Bradley M. Bronson Represented By
J. Bennett Friedman Michael D Sobkowiak
2:00 PM
Defendant(s):
Bradley M. Bronson Represented By
J. Bennett Friedman Michael D Sobkowiak
Plaintiff(s):
Candido Cabrera Represented By Gregory M Salvato
Trustee(s):
Rosendo Gonzalez (TR) Represented By Timothy J Yoo
2:00 PM
Adv#: 2:20-01048 Dye v. Chen et al
fr. 5-5-20, 6-2-20, 8-4-20, 8-11-20
Docket 1
ZoomGov Appearance by:
4/3/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to April 17, 2020.
4/7/10 -- Court approved stipulation continuing deadline for defendant Chen to respond to complaint to May 1, 2020.
4/17/20 -- Court approved stipulation continuing deadline for defendant Wang to respond to complaint to May 1, 2020.
Tentative Ruling for May 5, 2020:
Continue status conference to June 2, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss filed by defendant Bin Wang. APPEARANCES WAIVED ON
2:00 PM
MAY 5, 2020.
Tentative Ruling for June 2, 2020:
See tentative ruling for matter no. 204. Continue status conference to August 4, 2020 at 2:00 p.m. Parties should file joint status report not later than two weeks prior to continued status conference. APPEARANCES WAIVED ON JUNE 2, 2020.
6/4/20 -- Court approved order granting motion to dismiss with leave to amend and setting following dates:
L/D for plaintiff to file amended complaint -- June 23, 2020
L/D for defendants to respond to amended complaint -- July 14, 2020 L/D to file updated status report -- July 21, 2020
Cont'd status conference -- August 4, 2020 at 2:00 pm.
Tentative Ruling for August 4, 2020:
Continue hearing to August 11, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss. APPEARANCES WAIVED ON AUGUST 4, 2020.
Tentative Ruling for August 11, 2020:
Revisit status of action after conclusion of hearing on related matter on calendar.
10/20/20 -- At hearing held this date, Court continued status conference to December 15, 2020 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 27, 2020.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
2:00 PM
Michael Jay Berger
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
2:00 PM
Adv#: 2:20-01195 Dye v. Kim et al
Docket 3
ZoomGov Appearance by:
Motion to dismiss was filed in the adversary proceeding. Court cannot dismiss the underlying bankruptcy case in response to this motion. Motion to dismiss the entire case must be filed in the main case itself and must be served on all creditors. Unless and until the court dismisses the underlying bankruptcy case, there is no basis for a motion to dismiss the adversary proceeding. The court has subject matter jurisdiction over an action such as this in a pending bankruptcy case.
Moreover, were the debtor to file the appropriate motion in the underlying bankruptcy case, it would be denied. The case was filed 10 months ago and the debtor has never previously contended that he didn't file this case. To the contrary, the debtor appeared at a meeting of creditors under section 341(a) on February 4, 2020, presented his driver's license number and social security card and testified under oath that he had read the schedules before he signed them and that he had personally signed all of them. He also
2:00 PM
testified that he had included all of his assets and all of his liabilities on his schedules. Debtor did not claim at that time that the filing of this case was unauthorized.
Deny motion.
Debtor(s):
Eunho Kim Represented By
Simon S Chang
Defendant(s):
Eunho Kim Represented By
Donald E Iwuchuku Eunho Kim as Trustee of the Eun Ho Pro Se
Connie H. Kim Pro Se
Connie H. Kim as trustee of The Eun Pro Se Kye Sik Moon Pro Se
Selk Group, Inc., a California Pro Se
DOES 1 - 20, Inclusive Pro Se
Movant(s):
Eunho Kim Represented By
Donald E Iwuchuku Donald E Iwuchuku Donald E Iwuchuku
Plaintiff(s):
Carolyn A. Dye Represented By Christian T Kim
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Represented By Christian T Kim Ann Chang
2:00 PM
Adv#: 2:20-01195 Dye v. Kim et al
Docket 1
ZoomGov Appearance by:
Set deadline for defendant to file and serve answer to complaint. Discuss with the parties whether this is an appropriate matter to be sent to mediation.
Debtor(s):
Eunho Kim Represented By
Simon S Chang
Defendant(s):
Eunho Kim Represented By
2:00 PM
Donald E Iwuchuku
Eunho Kim as Trustee of the Eun Ho Pro Se Connie H. Kim Pro Se
Connie H. Kim as trustee of The Eun Pro Se Kye Sik Moon Pro Se
Selk Group, Inc., a California Pro Se
DOES 1 - 20, Inclusive Pro Se
Plaintiff(s):
Carolyn A. Dye Represented By Christian T Kim
Trustee(s):
Carolyn A Dye (TR) Represented By Christian T Kim Ann Chang
2:00 PM
Adv#: 2:19-01240 Guirguis v. Carlsen et al
Docket 22
ZoomGov Appearance by:
OFF CALENDAR. MATTER HAS BEEN REMANDED TO STATE COURT.
Debtor(s):
Rachel Louise Carlsen Pro Se
Defendant(s):
Rachel L Carlsen Pro Se
Carlsen Financial, Inc. Pro Se
Carlsen Financial, LLP Pro Se
Movant(s):
Rachel L Carlsen Pro Se
2:00 PM
Plaintiff(s):
Mark Guirguis Represented By Candice Bryner
Candice Candice Bryner
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:19-01201 Guirguis et al v. Carlsen et al
fr. 8-27-19, 11-19-19, 12-17-19, 1-14-20, 3-31-20 5-5-20, 7-14-20, 8-4-20,
9-1-20, 9-29-20
Docket 1
7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed
1/31/2020 - Second Amended Complaint filed. 4/27/20 - Second Amended Cross Complaint filed.
ZoomGov Appearance by:
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.
2:00 PM
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.
Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.
Tentative Ruling for March 31, 2020:
Defendant has filed a motion to dismiss, but has not served a notice of hearing on that motion despite having been instructed by the Court to do so. Court will prepare and enter an order denying that motion without prejudice and setting a new deadline of April 14, 2020 for defendant to either answer or file and notice a hearing on a motion to dismiss. Defendant must give not less than 21 days' notice of the hearing on her motion and must select an appropriate hearing date by using the self-calendaring instructions on Judge Bluebond's page on the Court's website.
Order prepared by the Court should continue the status conference to May 5, 2020 at 2:00 p.m. THE PARTIES SHOULD JOINTLY PREPARE a joint
status report that should be filed with the Court not later than April 21, 2020.
APPEARANCES WAIVED ON MARCH 31, 2020.
2:00 PM
Tentative Ruling for May 5, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss. 6/9/20 -- At hearing on motion to strike cross-complaint, court continued status
conference to August 4, 2020 at 2:00 p.m. OFF CALENDAR FOR JULY 14, 2020.
NO APPEARANCE REQUIRED.
----------------------------------------------
Tentative Ruling for August 4, 2020:
Set discovery cutoff for late October, 2020. Continue status conference for approximately 90 to 120 days. Order parties to complete a day of mediation prior to date of continued status conference.
8/3/20 -- At request of parties, continue hearing to September 1, 2020 at 2:00
p.m. OFF CALENDAR FOR AUGUST 4, 2020. NO APPEARANCE REQUIRED.
Tentative Ruling for September 1, 2020:
At hearing held August 26, 2020 on debtor's motion to dismiss bankruptcy case, court continued hearing to September 9, 2020. Continue this status conference to September 29, 2020 at 2:00 p.m. so that court can resolve motion to dismiss case before the continued status conference.
APPEARANCES WAIVED ON SEPTEMBER 1, 2020.
9/22/20 -- At hearing held this date, court agreed to vacate dismissal of removed action and have parties refile pleadings in that action, deleting 523 and 727 material, so that court could remand removed action to state court. Once remand has occurred, court will dismiss underlying bankruptcy case and then dismiss this adversary proceeding. Continue status conference to October 27, 2020 at 2:00 p.m. as a holding date. APPEARANCES WAIVED ON SEPTEMBER 29, 2020.
OFF CALENDAR. ACTION HAS BEEN DISMISSED BY ORDER ENTERED OCTOBER 6, 2020.
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#: 2:15-01535 Murtagh v. BAKER et al
Docket 705
ZoomGov Appearance by:
10/23/20 - Jessica Ponce, (213)263-2911
10/23/20 - Derek Linke, (206)274-2800
Motion is unopposed. The only "objection" is a declaration from David Steele, representing Robert Leppo, disputing a contention made in the motion that Leppo, Steele and NIC are conspiring with Baker to improperly suppress critical evidence in this case. Neither Steele nor Leppo is a party to this action and neither is affected by the relief requested by this motion -- an extension of the time for plaintiff to file a motion for default judgment. In fact, the declaration itself says that declarant has "no formal objection to further continuances of the Court deadline for Plaintiff to file a Motion for Default Judgment."
Court does not need to find that there is a conspiracy in order to find cause to grant the motion. Even if no such conspiracy exists, the process of obtaining the documents/information that plaintiff seeks to acquire has been lengthy
2:00 PM
and time-consuming. Court does not intend to rule on evidentiary objections to issues that are not relevant to the outcome of this motion.
Grant motion. Extend deadline for filing motion for entry of default judgment from October 30, 2020 to March 1, 2021.
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 David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
James Murtagh Represented By David P Bleistein Lisa Hiraide Michael J Conway Douglas M Neistat
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide Douglas M Neistat
2:00 PM
Trustee(s):
Michael J Conway Derek Linke Derek A Newman
Sam S Leslie (TR) Represented By Carolyn A Dye
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Reissuing a Warrant for Baker's Arrest Based on his ongoing Civil Contempt;
Granting Bruce Anderson Permission to Log Into and Examine Baker's Online Accounts
for Related Relief
fr. 5-19-20, 6-16-20, 7-21-20
Docket 661
ZoomGov Appearance by:
10/23/20 - Jessica Ponce, (213)263-2911
10/23/20 - Derek Linke, (206)274-2800
Rulings on Baker's Evidentiary Objections:
(for ease of reference, court has numbered paragraphs of objections sequentially) Anderson Declaration
2:00 PM
Overrule. (First sentence is admission of party opponent. Second sentence is opinion of an expert. Fact that Baker may disagree with expert's opinion does not make it inadmissible.)
Sustain (hearsay).
Overrule.
Sustain (lack of foundation).
Overrule.
Overrule.
Murtagh Declaration
Overrule.
Sustain (hearsay).
Sustain (lack of foundation).
Overrule as to sentence about date on which index page became unavailable. Sustain as to balance (lack of foundation).
Overrule.
Sustain (best evidence).
Overrule as to first two sentences about checking for listed files. Sustain as to sentence that begins, "In other words," for lack of foundation/speculation.
Sustain (speculation).
Sustain (lack of foundation and hearsay). (Court does not agree that financial information is irrelevant.)
Tentative Ruling on Merits:
Deny motion on both procedural and substantive grounds. Court agrees that this is not the appropriate procedure for having someone held in contempt and that the motion does not specify any legal basis for relief sought. As a factual matter, the Declaration of Neil Broom states that Baker did cooperate and give Broom access to the files in question. Mr. Broom testifies that Baker did comply with the Court's prior orders with regard to the matters at issue in this motion and that he has copied all of the files in question. Did plaintiff discuss this motion with Mr. Broom before filing it? (NOTE: Baker should not expect this court to award sanctions as against Murtagh for filing this motion unless and until Baker has paid all of the amounts that he has been ordered to pay in this action.)
Final Ruling for May 19, 2020:
2:00 PM
Continue hearing to June 16, 2020 at 2:00 p.m. to give movant an opportunity to talk with Mr. Broom about obtaining information that plaintiff wants and clarifying any misunderstandings between plaintiff and the neutral expert as to what has and has not been turned over by defendant so that we can resolve at continued hearing whether there is any additional data to be turned over or not. If there is additional data, court will enter order requiring turnover of that data. If Baker does not comply with this new order, plaintiff can seek to hold him in contempt for not compling with that order.
Tentative Ruling for June 16, 2020:
Did plaintiff in fact confer with Mr. Broom for the purposes identified by the court on the record at the May 19 hearing? Where do we currently stand? Does Mr. Broom have the additional data that plaintiff is looking for? If so, have the plaintiff and Mr. Broom negotiated an additional stipulation? (Court reviewed plaintiff's status report, but it does not adress these issues.) Hearing required.
Final Ruling for June 16, 2020:
Continue hearing to July 21, 2020 at 2:00 p.m. Plaintiff should serve and file status report by July 7, 2020.
Tentative Ruling for July 21, 2020:
(Status report was filed late.) Based on that report, it appears that the plaintiff is in the process of reviewing a large quantity of data as well as the privilege logs received from Mr. Steele and NIC. What is the current status of this review? How much additional time does plaintiff believe that he will require to ascertain whether or not there are additional documents that have already been requested that have not been provided? Hearing required.
Final Ruling for July 21, 2020:
Continue hearing to October 27, 2020 at 2:00 p.m. Plaintiff shall file updated unilateral status report not later than October 13, 2020.
2:00 PM
Tentative Ruling for October 27, 2020:
Court cannot determine from status report whether there is or isn't any additional information that court has already ordered the debtor to turnover that has not been turned over. Status report references two or three additional motions that will be filed. Continue this hearing to date of hearing on one or more of those motions.
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 David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
James Murtagh Represented By David P Bleistein Lisa Hiraide Michael J Conway Douglas M Neistat
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide
2:00 PM
Trustee(s):
Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
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, 3-12-19, 4-2-19, 6-11-19,
7-30-19, 10-15-19,11-19-19, 12-3-19, 3-31-20, 6-16-20, 7-21-20
Docket 1
ZoomGov Appearance by:
10/23/20 - Jessica Ponce, (213)263-2911
10/23/20 - Derek Linke, (206)274-2800
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.
2:00 PM
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:
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.
2:00 PM
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 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
2:00 PM
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.
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.
2:00 PM
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:
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
2:00 PM
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).
Final Ruling for December 3, 2019:
Continue status conference to March 31, 2020 at 2:00 p.m. Plaintiff should file and serve a unilateral status report not later than March 17, 2020.
Tentative Ruling for March 31, 2020:
Where is the status report that plaintiff should have filed by March 17? Why hasn't counsel for plaintiff filed stipulation with Mr. Broom or lodged order resolving motion for turnover? Hearing required.
Status report filed on March 27, 2020. Court received copy on March 30, 2020. It now appears that plaintiff has abandoned any attempts to obtain information from Mr. Broom and plans to file yet another motion that he believes will enable him to maintain the information that he desires. Has that motion been filed and, if so, when is it set for hearing? Court still needs the order that plaintiff was to lodge in connection with turnover motion. Court will not want to rule on that motion until it has memorialized in an order its prior ruling on the latest turnover motion.
Tentative Ruling for June 16, 2020:
Revisit status of action after conclusion of related matter on calendar. Discuss with parties plaintiff's request for a further extension of deadline to file motion for default judgment.
7/2/20 -- Court approved scheduling order setting continued status conference for July 21, 2020 at 2:00 p.m., requiring parties to file joint status
2:00 PM
report by July 7, 2020 and extending the deadline for plaintiff to file a default judgment motion to July 31, 2020.
Tentatlve Ruling for July 21, 2020:
Revisit status of action after conclusion of related matter on calendar.
8/4/20 -- Court approved scheduling order extending deadline to file default judgment motion to October 30, 2020.
Tentative Ruling for October 27, 2020:
Continue status conference to date of hearing on one or more of the motions that plaintiff plans to file.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - 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 Derek Linke Derek A Newman
Trustee(s):
Sam S Leslie (TR) Represented By
2:00 PM
Carolyn A Dye
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Docket 10
ZoomGov Appearance by:
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.)
10:00 AM
Debtor(s):
Mack Lewis Represented By
Zachary McCready
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 1
ZoomGov Appearance by:
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
11:00 AM
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?
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.
Tentative Ruling for January 15, 2020:
Court has reviewed trustee's status report. Continue case status conference to April 29, 2020 at 11:00 a.m. Trustee should file and serve updated status report not later than April 17, 2020. Appearances waived on January 15, 2020.
Tentative Ruling for April 29, 2020:
Court has reviewed trustee's status report. Continue case status conference to October 28, 2020 at 11:00 a.m. Trustee should file and serve updated status report not later than October 16, 2020. Appearances waived on April 29, 2020.
Tentative Ruling for October 28, 2020:
11:00 AM
Are there any steps that could be taken in this court to assist in the resolution of the SBK issues? Could the trustee adjudicate SBK's claim to a constructive trust over/in assets of the estate? 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
2:00 PM
Docket 29
ZoomGov Appearance by:
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Patricia Josephine Pecorino Represented By Timothy D Ducar
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
[Fees requested: $174,214.50, Expenses: $16,785.24]
Docket 202
ZoomGov Appearance by:
Grant application. Allow on final basis fees of $174,214.50 and costs of $16,785.24. 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):
Settlers Jerky Inc. Represented By David L. Neale
Krikor J Meshefejian
Movant(s):
Levene, Neale, Bender, Yoo & Brill Represented By
2:00 PM
Krikor J Meshefejian
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
fr. 9-30-20
Docket 13
ZoomGov Appearance by:
Tentative Ruling for September 30, 2020:
What was debtor's condition at the time she signed the power of attorney (i.e., did she have capacity to act on her own behalf at that time)? What is the relationship between the debtor and James Pearey? Does the debtor know that a bankruptcy case has been filed on her behalf?
There is no admissible evidence in the record as to the debtor's condition. Court would like a declaration from a medical professional providing the information contained in Mr. Pearey's declarations.
Hearing required.
10:00 AM
Final Ruling for September 30, 2020:
Continue hearing to November 4, 2020 at 10:00 a.m. Debtor (or representative) will file supplemental declaration not later than October 30, 2020.
Tentative Ruling for November 4, 2020:
Court has reviewed the supplemental declaration and is satisfied with its contents. Court will vacate OSC. No appearance required.
Debtor(s):
Penny Lee Prouty Represented By Charles J Brash
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 18
ZoomGov Appearance by:
Tentative Ruling for July 22, 2020:
The trustee and the creditor may have seen the debtor's financial records, but the court has not. The court would like some corroborating evidence as to the amount of royalties the debtor has been receiving each month -- copies of checks? bank statements? royalty statements? Continue hearing to give debtor an opportunity to provide whatever documentation he may have to show how much he has actually been receiving.
Final Ruling for July 22, 2020:
Continue hearing to August 26, 2020 at 10:00 a.m. Debtor will serve and file supplemental declaration with corroborating evidence not later than August 12, 2020. Any supplemental response from creditor must be filed and served
10:00 AM
by August 19, 2020.
Tentative Ruling for August 25, 2020:
It is extremely difficult for the court to place a value on the asset in question; however, the Court notes that the debtor has only claimed an exemption for
$1 in the royalties in question and, under section 522(f)(1), a debtor may only avoid an exemption "to the extent" that it impairs the exemption. Grant motion, but enter order that permits avoidance of the lien to the extent of $1. In other words, the first $1 of post-petition royalties due on account of the debtor's interest in the royalties should be paid to the debtor. The creditor's lien remains attached to the balance of the debtor's interest in the royalties, up to the total amount due under the judgment lien. See Bank of Am. Nat'l Tr. & Sav. Ass'n v. Hanger (In re Hanger), 217 B.R. 592 (B.A.P. 9th Cir. 1997) (to the extent that there is surplus equity above and beyond the amount of the debtor's exemption, the lien should not be avoided).
8/24/20 -- Court approved stipulation continuing hearing to September 30, 2020 at 10:00 a.m. OFF CALENDAR FOR AUGUST 26, 2020.
9/24/20 -- Court approved stipulation continuing hearing to November 4, 2020 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 30, 2020.
Tentative Ruling for November 4, 2020:
Have the parties made any progress with efforts to consensually resolve this matter? (Debtor has filed an amended Schedule C, claiming an exemption in the royalties for
$25,815.98.) Hearing required.
10/30/20 -- Court approved stipulation resolving matter. OFF CALENDAR. NO
10:00 AM
APPEARANCE REQUIRED.
Debtor(s):
Steven Mark Colyer Represented By Andre A Khansari
Movant(s):
Steven Mark Colyer Represented By Andre A Khansari Andre A Khansari Andre A Khansari
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
1). Approving Sale of Real Property, subject to overbid 2). Authorizing Sale Free and Clear of liens and interests 3). Authorizing Release of Funds from Escrow
Approving Payment of Real Estate Commissions
Authorizing 100% of the sale proceeds to be paid to the Bankruptcy Estate
Approving payment and disbursement of exemption that is subject to secured tax liens
Approving payment of property insurance to Trustee Resource Group
Approving Stipulation between Trustee and Secured Creditor, Mary Diane Abalateo, Trustee of hte Abalateo Family Trust to reduce secured claim agains real property to facilitate sale
Docket 44
ZoomGov Appearance by:
10:00 AM
10/28/20 - Michelle Marchisotto, (323)724-3117 11/3/20 - Jan Neiman, (818)516-3779
11/3/20 - Stanley Song, (818)636-4172
Grant motion. Approve sale to highest bidder.
Debtor(s):
Maria Ana Belen A. Gregorio Represented By
James D. Hornbuckle
Movant(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
10:00 AM
#4.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Mark Slotkin and Request for Sanctions in the Amount of
$29,778.50
Docket 130
ZoomGov Appearance by:
10/30/20 - Mark Slotkin, (323)701-2275 11/3/20 - Hamid Rafatjoo, (310)871-7589 11/3/20 - Luke Eaton, (213)928-9838
11/3/20 - Jeffrey Goldman, (949)567-3547 11/3/20 - Elissa Miller, (213)617-5234
Grant motion insofar as it seeks to compel Slotkin to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court
10:00 AM
assumes that movant is not seeking, and is not entitled to collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
#5.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by 8777 Appian Way, LLC and Request for Sanctions in the Amount of $29,778.50
Docket 133
ZoomGov Appearance by:
10/30/20 - Mark Slotkin, (323)701-2275 11/3/20 - Hamid Rafatjoo, (310)871-7589 11/3/20 - Luke Eaton, (213)928-9838
11/3/20 - Jeffrey Goldman, (949)567-3547
11/3/20 - Elissa Miller, (213)617-5234
Grant motion insofar as it seeks to compel Appian Way to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to
10:00 AM
collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
#6.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Antiquarian Traders, Inc. and Request for Sanctions in the Amount of $29,778.50
Docket 136
ZoomGov Appearance by:
10/30/20 - Mark Slotkin, (323)701-2275 11/3/20 - Hamid Rafatjoo, (310)871-7589 11/3/20 - Luke Eaton, (213)928-9838
11/3/20 - Jeffrey Goldman, (949)567-3547
11/3/20 - Elissa Miller, (213)617-5234
Grant motion insofar as it seeks to compel Antiquarian Traders to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to
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collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
#7.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Breakfront, LLC and Request for Sanctions in the Amount of
$29,778.50
Docket 139
ZoomGov Appearance by:
10/30/20 - Mark Slotkin, (323)701-2275 11/3/20 - Hamid Rafatjoo, (310)871-7589 11/3/20 - Luke Eaton, (213)928-9838
11/3/20 - Jeffrey Goldman, (949)567-3547
11/3/20 - Elissa Miller, (213)617-5234
Grant motion insofar as it seeks to compel Breakfront to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal
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to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
#8.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Clover Industrial Properties, LLC and Request for Sanctions in the Amount of $29,778.50
Docket 142
ZoomGov Appearance by:
10/30/20 - Mark Slotkin, (323)701-2275 11/3/20 - Hamid Rafatjoo, (310)871-7589 11/3/20 - Luke Eaton, (213)928-9838
11/3/20 - Jeffrey Goldman, (949)567-3547
11/3/20 - Elissa Miller, (213)617-5234
Grant motion insofar as it seeks to compel Clover to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal
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to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
#9.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Golden Oak Partners, LLC and Request for Sanctions in the Amount of $29,778.50
Docket 145
ZoomGov Appearance by:
10/30/20 - Mark Slotkin, (323)701-2275 11/3/20 - Hamid Rafatjoo, (310)871-7589 11/3/20 - Luke Eaton, (213)928-9838
11/3/20 - Jeffrey Goldman, (949)567-3547
11/3/20 - Elissa Miller, (213)617-5234
Grant motion insofar as it seeks to compel Golden Oak to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to
10:00 AM
collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
#10.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Olympic Holdings, LLC and Request for Sanctions in the Amount of $29,778.50
Docket 148
ZoomGov Appearance by:
10/30/20 - Mark Slotkin, (323)701-2275 11/3/20 - Hamid Rafatjoo, (310)871-7589 11/3/20 - Luke Eaton, (213)928-9838
11/3/20 - Jeffrey Goldman, (949)567-3547
11/3/20 - Elissa Miller, (213)617-5234
Grant motion insofar as it seeks to compel Olympic to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal
10:00 AM
to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
Docket 56
ZoomGov Appearance by:
11/3/20 - John Tedford, (310)923-0798
11/3/20 - Kenneth Lau, (818)794-7430
There is no need for a plan of reorganization to sell a piece of property. Preparing and confirming a plan that provides for such relief would be an unnecessary expense. Chapter 7 is the more appropriate vehicle for this purpose. Apparently, the debtor believes the sale should be accomplished in chapter 11, and then what? A structured dismissal? Although that may occur in an appropriate case, that is not what the code envisions in a situation such as this. If the only thing the trustee needs to do is liquidate an asset, conversion to chapter 7 is appropriate.
Debtor(s):
Valley Equities, LLC Represented By
Richard L. Sturdevant Brad Krasnoff
10:00 AM
Movant(s):
Jason M Rund (TR) Represented By
John N Tedford IV
Trustee(s):
Jason M Rund (TR) Represented By
John N Tedford IV
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,
5-29-19, 8-27-19, 10-2-19, 12-18-19, 1-9-20, 5-6-20
Docket 1
ZoomGov Appearance by:
11/3/20 - Kenneth Lau, (818)794-7430
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
11:00 AM
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 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:
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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. 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.
Tentative Ruling for January 9, 2020:
Revisit status of case after conclusion of confirmation hearing.
Tentative Ruling for May 6, 2020:
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Court has reviewed reorganized debtor's status report. Continue case status conference to November 4, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than October 23, 2020. APPEARANCES WAIVED ON MAY 6, 2020.
Tentative Ruling for November 4, 2020:
The status report says that "Per the Court's order for a status conference report, Debtor will file her declaration following this status report . . . . " Where is the declaration? This should have been filed by October 23, 2020, but was not. Hearing required.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Joanne P Sanchez
11:00 AM
Docket 238
ZoomGov Appearance by:
11/2/20 - Raymond Aver, (310)571-3511
11/3/20 - Bruce Landau, (310)838-1507
11/3/20 - Kenneth Lau, (818)794-7430
What is really at issue here? Debtor contends that Sierra didn't file proofs of claim, but it did -- claims nos. 75-2 and 81-1, and those proofs of claim include the same prepetition principal amount that the debtor claims is due --
$2,727,652.70. The only difference appears to be that the proofs of claim also seek allowance of an additional $31,568.89 in fees as of the petition date.
However, the debtor would also like to know what the payoff amount is NOW. This is not an unreasonable request. It IS unreasonable for Siena to simply say, look at the loan documents and figure it out yourself. Grant motion in
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part. Order Siena to provide a loan payoff amount as of October 30, 2020, and a per diem amount of interest that accrues thereafter and an explanation of the amount on deposit in any reserves and how Siena intends to apply those reserves in the event of a payoff. If Siena's payoff demand includes attorneys' fees or other charges from third parties (such as for field examination), Siena should provide a copy of the bills it has received. (Attorneys' fee statements can redact descriptions where necessary in the manner that such statements would be redacted in connection with a fee application.) There can be an opportunity for a subsequent allowance of attorneys fees and costs that accrue after that date. In other words, Siena needs to set forth in detail the amounts that it claims are due so that the debtor can determine whether or not it objects to any portion of these amounts and the court can adjudicate whatever disputes may actually exist between the parties.
Set a deadline for Siena to provide this information, a deadline for the debtor to file and serve an objection identifying any charges that it contends are unreasonable or otherwise unenforceable and a continued hearing.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Movant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver Raymond H. Aver
11:00 AM
Docket 239
ZoomGov Appearance by:
10/26/20 - Renee Singer, (203)939-7221
10/26/20 - Jim Pesico, (203)939-7221
10/28/20 - Gregory Vizza, (215)569-5702
10/28/20 - John Lucian, (215)569-5442
11/2/20 - Raymond Aver, (310)571-3511
11/3/20 - Bruce Landau, (310)838-1507
11/3/20 - Kenneth Lau, (818)794-7430
Secured creditor remains adequately protected, even if the debtor's operations are utilizing its cash collateral. Overrule objection. Grant motion. Authorize use of cash collateral in accordance with budget on same terms as prior order for period from October 15, 2020 through December 2, 2020.
11:00 AM
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Movant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver Raymond H. Aver
11:00 AM
fr. 3-18-20, 6-10-20, 8-5-20, 8-26-20, 9-30-20, 10-21-20
Docket 1337
ZoomGov Appearance by:
11/3/20 - John Tedford, (310)923-0798 11/3/20 - Anthony Bisconti, (213)528-3400 11/3/20 - Victor Vilaplana, (858)847-6700
Discuss with parties how to proceed at this juncture in light of partial reversal and remand from district court. Explore whether trustee would like to submit new papers or have court revisit compensation based on existing record.
Hearing required.
4/23/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 3, 2020
L/D for Clifton Capital to file response -- July 15, 2020 L/D for trustee to file reply -- July 29, 2020
11:00 AM
Cont'd hearing -- August 5, 2020 at 11:00
5/27/20 -- Court approved stipulation continuing following dates: L/D for trustee to file supplemental brief -- June 17, 2020
L/D for Clifton Capital to file response -- August 5, 2020 L/D for trustee to file reply -- August 19, 2020
Cont'd hearing -- August 26, 2020 at 11:00
OFF CALENDAR FOR AUGUST 5, 2020.
8/26/20 -- Court approved stipulation continuing following dates: L/D for Clifton Capital to file response -- September 9, 2020
L/D for trustee to file reply -- October 7, 2020 Cont'd hearing -- October 21, 2020 at 11:00
OFF CALENDAR FOR SEPTEMBER 30, 2020.
8/4/20 -- Court approved stipulation continuing following dates: L/D for Clifton Capital to file response -- August 26, 2020
L/D for trustee to file reply -- September 16, 2020 Cont'd hearing -- September 30, 2020 at 11:00
OFF CALENDAR FOR AUGUST 26, 2020.
10/20/20 -- Court approved stipulation continuing hearing to November 4, 2020 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 21, 2020.
Tentative Ruling for November 4, 2020:
It is difficult for a lower court on remand to adjudicate an issue when it firmly believes that the appellate court made an error of law on appeal. This court remains of the view that Congress intended for the compensation formula set forth in section 326(a) to be presumptively reasonable (and generally in the nature of a commission) and that the citations offered by the District Court as support for the contrary position view are not on point. For example, In re Manoa Finance Co., Inc., 853 F.2d 687, 692 (9th Cir. 1988), which the district
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court cites for the proposition that there is a strong presumption that an award based on a lodestar compensation is the amount to be allowed as reasonable compensation did not even involve trustee compensation. The professional whose fees were at issue in that case was committee counsel. Therefore, Manoa offers no insight whatsoever as to the appropriate interpretation of section 326(a) or the manner in which trustee compensation should be calculated. Nevetheless, the district court's decision is law of the case, and this court is obliged to follow it.
According to the district court, "On remand, the Bankruptcy Court should either (i) definitively establish the lodgestar figure and award fees accordingly, or (ii) make detailed findings to determine whether a fee beyond the lodestar figure is warranted."
As a preliminary matter, the court notes that there is some disagreement as to what the lodestar figure actually is here. Due to a typographical error in a portion of the trustee's final fee application, at various points in time, Clifton Capital has argued that the lodestar should be calculated using a blended hourly rate of $403.83 per hour. The trustee explains that, if based on the regular hourly rates that DSI charges to its clients, the blended rate should be
$448.50, but that, for reasons set forth in the trustee's brief, the Court should increase DSI's blended hourly rate to $550 per hour. (Ordinarily, the court does not calculate fees based on a blended hourly rate and uses this figure only for comparison/reference to assess whether a professional has assigned more senior people to a matter than was required; however, the court assumes that the parties are referring to blended rates merely for ease of calculation and that the court could derive the identical figures from looking at the actual billing statements.)
These different hourly rates, multiplied by the total number of hours billed (1,692.2) produces the following figures as possible lodestar calculations:
1692.2 hours @ $403.83 = $683,361.13
1692.2 hours @ $448.50 = $758,955.50 (this is the trustee's figure, but the math actually works out to $758,951.70; the district court identifies this figure as $758,977.50 for reasons that are unclear)
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1692.2 hours @ $550.00 = $930,710.00.
The trustee then argues that, in addition to calculating its lodestar fee at a higher hourly rate than that customarily charged by DSI to its clients, the court should apply a multiplier to its fees in the vicinity of 1.5 to 2.0 to bring the total compensation up to the statutory cap of $1,155,844.71. The Court rejects this approach. The factors identified by the trustee as justification for the increase in the blended rate are relevant to an overall assessment of what a reasonable fee should be for a trustee in a given case should be, but it muddies the waters to separate out an enhancement to the blended rate from an overall fee enhancement or bonus. The blended hourly rate derived from the trustee's actual fee statements is $448.50. The court will not increase this rate for the purpose of calculating the lodestar fee, but this does not end the analysis as to whether a bonus or fee enhancement is warranted on these facts.
The district court, again quoting from Manoa which has nothing to do with trustee compensation, says that, in order to receive a fee enchancement, the applicant must come forward with specific evidence showing why the results obtained were not reflected in either his standard hourly rate or the number of hours allowed. He must also show that the bonus is necessary to make the award commensurate with compensation for comparable nonbankruptcy services. Although this court disagrees with the district court's decision to rely on the precise language of Manoa for the reasons outlined above, the Court accepts under the circumstances that the trustee must come forward with facts sufficient to show why a fee beyond the lodestar figure is warranted.
Compensation for a trustee is distinguishable from compensation for a professional, but, in either event, when exceptional results have been achieved or when for other reasons, the amount of compensation requested fails to adequately compensate for the services rendered. The Court continues to believe that this is was an exceptionally difficult case for a variety of reasons and that the complexities of this case did not necessarily result in an increase in the number of hours spent by the trustee and his staff. (If the complexities merely increased the number of hours that the trustee spent working on the case, this would be reflected in, and therefore compensated
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by, the lodestar calculation.)
In light of the numerous challenges this trustee faced and the manner in which the trustee rose to the occasion to resolve these challenges, producing exceptional results, this Court finds that the trustee utilized in connection with the administration of this estate levels of strategic thinking and diplomacy above and beyond those normally employed by a trustee in a chapter 11 case. The trustee assumed control over an operating business with several locations and was called upon to keep those restaurants operating in a profitable manner while dealing with the fact that there were effectively no internal controls, no reliable accounting methods or records, a toxic corporate culture that had resulted in large employee tort claims, years of unfiled tax returns and unpaid sales taxes, an owner who had siphoned off and was attempting to continue to siphon off estate assets and resources to benefit or support other business and his competing restaurants, numerous related party contracts and a principal who failed to cooperate in discovery or obey court orders. The analogy that comes to mind here is of the plate-spinners that used to appear on the Ed Sullivan show who worked furiously to keep multiple plates in the air at the same time. The number of hours spent working on the case is not a measure of the difficulty or skill level required to perform the required services in an exceptional manner.
In light of the high level of expertise and experience required to perform these tasks in the manner in which they were performed, the court would have no trouble finding that it would be reasonable compensation if the court were to calculate the trustee's compensation utilizing a blended hourly rate of $700 or more per hour. However, that would produce a total award of $1,184,540 or more, which would exceed the cap on trustee compensation set by section 326(a). Therefore, the Court finds that reasonable compensation for the trustee's services in this case is the statutory maximum of $1,155,844.71.
Debtor(s):
East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok
11:00 AM
Trustee(s):
Michael Jay Berger
Bradley D. Sharp (TR) Represented By Zev Shechtman
Uzzi O Raanan ESQ John N Tedford IV
Brian Weiss Represented By
Robert S Marticello Philip E Strok Michael Simon Timothy W Evanston
11:00 AM
fr. 10-21-20
Docket 1391
ZoomGov Appearance by:
11/3/20 - John Tedford, (310)923-0798 11/3/20 - Anthony Bisconti, (213)528-3400 11/3/20 - Victor Vilaplana, (858)847-6700
10/20/20 -- Court approved stipulation continuing hearing to November 4, 2020 at 11:00 a.m. OFF CALENDAR FOR OCTOBER 21, 2020.
Tentative Ruling for November 4, 2020:
Grant motion to strike. Strike declarations of Messrs. Sadd, Sandford and White. Parties were in agreement at prior hearing that the record would not be reopened and new evidence would not be submitted, unless the trustee elected to submit declarations with additional evidence. The trustee did not do so. Clifton Capital may not do so either.
11:00 AM
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 IV
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 Philip E Strok Michael Simon Timothy W Evanston
10:00 AM
Docket 442
NONE LISTED -
10/9/20 -- Court approved stipulation resolving matter. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
DDC Group, Inc. Represented By
M. Jonathan Hayes
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: MECHANICS BANK
Docket 9
ZoomGov Appearance by:
11/3/20 - Vincent Frounjian, (818)859-7511
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Emely Gabriela Magana Represented By
Juan Castillo-Onofre
Movant(s):
MECHANICS BANK Represented By Vincent V Frounjian
10:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:20-01178 Crean v. PR Newswire Association, LLC
Docket 13
ZoomGov Appearance by:
Grant in part and deny in part. Grant motion to the extent that it seeks default judgment against defendant on both claims for relief, but court is not persuaded that debtor suffered any significant emotional distress from continuing to receive notices. Defendant did not take any other action in an effort to collect discharged debts. Grant plaintiff's request for compensatory damages for attorneys' fees and expenses incurred to obtain default judgment ($5,795 in attorneys' fees and $28.90 in costs) plus an additional
$50 for each of the 39 notices sent (39 x $50 = $1,950).
Debtor(s):
Maureen Rose Crean Represented By Heather J Canning Joseph Brian Angelo
2:00 PM
Defendant(s):
PR Newswire Association, LLC Pro Se
Movant(s):
Maureen Rose Crean Represented By
Joseph Brian Angelo
Plaintiff(s):
Maureen Rose Crean Represented By
Joseph Brian Angelo
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:20-01178 Crean v. PR Newswire Association, LLC
fr. 10-20-20
Docket 1
ZoomGov Appearance by:
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):
Maureen Rose Crean Represented By Heather J Canning Joseph Brian Angelo
Defendant(s):
PR Newswire Association, LLC Pro Se
2:00 PM
Plaintiff(s):
Maureen Rose Crean Represented By
Joseph Brian Angelo
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
fr. 11-6-19, 2-11-20, 3-10-20, 5-5-20, 7-14-20, 10-20-20
Docket 40
ZoomGov Appearance by:
11/9/20 - John D. Monte, (323)978-4842
11/9/20 - Antonio Ibarra, (562)789-9314
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.
3/4/20 -- Court approved stipulation continuing status conference to May 5, 2020 at 2:00 p.m. and extending deadline for filing joint status report to April 21, 2020. OFF CALENDAR FOR MARCH 10, 2020.
2:00 PM
4/21/20 -- Court approved stipulation continuing status conference to July 14, 2020 at 2:00 p.m. and extending deadline for filing joint status report to June 30, 2020. OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for July 14, 2020:
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to date of continued status conference.
7/22/20 -- Court approved scheduling order setting following dates:
L/D to file joint status report -- October 6, 2020 L/D to complete mediation -- October 20, 2020
L/D to lodge order appointing mediators -- August 10, 2020 Cont'd status conference -- October 20, 2020 at 2:00 pm
8/10/20 -- Court signed order appointing mediators.
10/5/20 -- Court approved stipulation continuing status conference to November 10, 2020 at 2:00 p.m., extending the deadline to complete mediation to October 26, 2020 and moving the deadline to file a joint status report to October 27, 2020. OFF CALENDAR FOR OCTOBER 20, 2020.
Tentative Ruling for November 10, 2020:
Set discovery cutoff for February of 2021 and final status conference for approximately same time frame. Extend deadline for completion of mediation so that parties can participate in another day of mediation.
Debtor(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
2:00 PM
Movant(s):
Alfredo F Torres Represented By Antonio John Ibarra John D Monte
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
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fr. 8-12-20
Docket 38
ZoomGov Appearance by:
This bankruptcy was filed on January 12, 2020. Pursuant to section 522(b)(3) (A), the debtors need to have had their domicile in California for two years prior to the filing in order to be able to assert a California homestead exemption in the property. If the debtors have changed their domicile during this two-year period, the debtors need to have resided in California for 180 days immediately prior to this two-year period or at least for the better part of this 180-day period.
Movant contends that (and the debtors agree that) the debtors moved from Hawaii to California on July 24, 2018, which means that they was not living in California for the two years prior to filing this bankruptcy, but the debtors contend that his domicile was always California. According to the debtor, he grew up in this house in Monterrey, and, upon getting married, lived their with his mother. In 2008, they claim to have only left temporarily (for a period of
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10 years) in an attempt to start a business in Hawaii. Nevertheless, debtors contend they never ceased to view California as their domicile: they returned to the property in Monterey Park several times a year and never rented the property to anyone else; they always maintained possessions at the house, always paid for the utilities and always had the utilities in their name; they filed California state tax returns; and they continued to receive mail at the property. On these facts, the court cannot summarily adjudicate that the debtors were not domiciled within California during the relevant period. Court will need to conduct an evidentiary hearing to resolve this issue.
The movant also claims that, under California law, a debtor cannot claim a homestead exemption in property that was fraudulently transferred to him and that the claim of the creditor will defeat that of the transferee. However, the debtor already owned a one-third interest in the property even before the transfer and that interest may be worth enough all by itself to satisfy a
$75,000 homestead exemption. (Actually, he had a one-third interest in the trust and the trust owned the property until it was transferred to the debtor.) The Court cannot summarily adjudicate that either the transfer of his brother's interest in the trust to him or the transfer of the property from the trust to the debtor was a fraudulent transfer. The court would need an evidentiary hearing for this as well. (And the court agrees with movant that this court may make such a determination for the purpose of adjudicating the validity of the debtor's homestead exemption; it does not need to wait for the state court to do so.)
Do the parties need an opportunity to conduct discovery? (Discuss relevant factors with parties.) Hearing required.
8/14/20 -- Court entered scheduling order deeming matter to be adversary proceeding for procedural purposes and set discovery cutoff for November 13, 2020. Status conference scheduled for November 10, 2020 at 2:00 p.m. Parties shall file joint status report not later than October 27, 2020.
9/15/20 -- Court approved stipulation continuing discovery cutoff to January 22, 2021 and continuing status conference to January 19, 2021 at 2:00 p.m. Parties shall file joint status report not later than January 5, 2021. OFF CALENDAR FOR NOVEMBER 10, 2020.
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Debtor(s):
Jonas Chang Represented By
Chris T Nguyen
Joint Debtor(s):
Christy Chang Represented By Chris T Nguyen
Trustee(s):
Carolyn A Dye (TR) Represented By Alan I Nahmias
2:00 PM
Adv#: 2:15-01535 Murtagh v. BAKER et al
Docket 711
ZoomGov Appearance by:
11/6/20 - Michael Conway, (818)382-6200 11/6/20 - D. David Steele, (415)658-2929 11/9/20 - Peter Arhangelsky, (602)334-4416 11/9/20 - Derek Linke, (206)274-2800 11/9/20 - Rachel Horvitz, (206)274-2800 11/10/20 - Jessica Ponce, (213)263-2911
Rulings on Evidentiary Objections:
Overrule all objections. All exhibits that are referenced in the objections are
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sufficiently authenticated in the context of a discovery dispute by reference to how these documents were acquired by the movant.
Tentative Ruling on Merits:
Movant seeks several forms of relief:
Findings that any privilege Steele or Leppo may assert in the Baker Data:
was waived by voluntary disclosures to third parties;
does not apply on these facts;
was waived by failure to comply with the specific directions in the Court's August 20, 2019 "Order re Data Turnover and Privilege Review" (the "Turnover Order") in a timely manner;
fall within the crime-fraud exception to any applicable privilege;
a sanctions award under Paragraph 10 of the Turnover Order (in an unspecified amount?), which makes the provisions of FRCP 37(a)(5) applicable if Dr. Murtagh brings a successful motion to compel;
an order authorizing Mr. Broom to release to Dr. Murtagh's counsel all documents contained within Steele and Leppo's "Set Aside Data";
a finding that Steele and Leppo have waived all claims of privilege relating to the website baddocjjm.com and related topics, David Bender aka Kevin Kuritsky; Steele and Leppo's communications with Baker's former attorneys Preis and Cohen; Baker's conduct directed at Dr. Murtagh as alleged in the operative pleading in this action; OMSJ and Leppo's use of it to fund Baker's litigation defense; and Viral Forensics, Inc., including Leppo's agreement to fund Baker's defense via donations to OMSJ in exchange for a larter ownership stake in Viral Forensics; and
findings that:
Steele's original logs failed to comply with the Turnover Order or FRCP 26 and, as a result, Steele and Leppo waived all privileges in the documents withheld therein;
that all privileges in documents not designated either confidential or included in a privilege log that complied with the Turnover Order are waived;
that Steele's amended logs were provided after the court-ordered deadline and should therefore be stricken;
that Baker acted as Leppo's agent in all respects with regard to the subject matters alleged in the operative complaint in this proceeding; and
that none of the Steele Set Aside Data identified in the Turnover Order qualifies as "Protected Data" as defined by that order because it is
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directly relevant to key issues in this proceeding, including whether and to what extent Steele and Leppo engaged in discovery misconduct, intentionally sought to delay this action, and made false representations to the Court.
For the reasons set forth below, grant relief requested in paragraphs 1 through 4 and 5 (a) and (b) and deny balance of relief requested.
With regard to the availability of sanctions, there already is a specific court order (the Turnover Order) requiring the turnover of documents and specifying the precise procedures to be used, making it appropriate for this court to impose sanctions for failure to comply with a court order. The reference to FRCP 37(a)(5) in the Turnover Order was intended to explain to the parties the standard that the court would use to assess whether or not sanctions should be imposed. In other words, if the court concludes that the conduct of one of the parties required the other party to bring a motion in order to obtain compliance with the order, the court would impose the cost of the bringing of the motion on the party whose conduct made it necessary for the motion to be brought unless the court concluded either that (1) the movant failed to attempt in good faith to obtain the disclosure or discovery without court action, (2) the opposing party's nondisclosure, response or objection was substantially justified, or (3) there are other circumstances that would make such an award unjust. All of this is appropriate under the circumstances, and all of this was discussed with and explained to the parties in connection with the formulation of the Turnover Order. With regard to the issue of sanctions, the court is satisfied that the movant attempted in good faith to resolve the relevant disputes before bringing this matter to the court's attention, that the conduct of Steele was not substantially justified (as discussed in more detail below) and that there are no other circumstances that would make an award of expenses unjust.
The following general principles/conclusions support the preceding conclusions:
No documents should have been withheld that reflect only communications between Baker and Cohen (or between Baker and Preis) without any cc's, as this Court has already found that Baker has waived his attorney/client privilege.
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Any communication as to which parties other than or in addition to those claimed to be part of the joint defense agreement have been cc'd are no longer protected from discovery as any applicable attorney/client privilege or work product rule would have been waived by the disclosure to a third party not within the scope of these protections.
There can be no joint defense privilege protecting any communication in which an attorney is cautioning his client that, by disclosing information to the parties who are supposedly part of that joint defense agreement, Baker would waive the attorney/client privilege. In other words, the contents of such documents demonstrate that, at the time such communications occurred, there was no joint defense agreement;
There is no basis to withold anything in this context on the basis of "privacy" or relevance. The court already required the use of keywords to limit the universe of data based on relevance, and the Turnover Order contains provisions for the handling of personal or private information. "Privacy" is not a recognized privilege in the discovery context.
There is no reason for the court to strike the amended privilege logs. They moot out many of the issues raised by the motion as Steele and Leppo are conceding in those logs that plaintiff is entitled to many of the documents that he seeks. However, this is not to say that, by providing these amended logs later, Steele and Leppo should be considered to have complied with the express directions set forth in the Turnover Order or that they should be relieved of the consequences of having failed to comply with the Turnover Order in a timely manner. Court agrees with movant that the original privilege logs did not contain the information required by the Turnover Order and, therefore, that, pursuant to paragraph 6 of the Turnover Order, Leppo and Steele are deemed to have waived any privileges that would otherwise be applicable with regard to their Set Aside Data. This would seem to obviate the need for the Court to perform an in camera review of anything.
Court has already ruled that discussions about funding Baker's litigation are not protected by the attorney/client privilege. This is not legal advice.
There has been an inadequate showing of the availability of the joint defense privilege with regard to the materials that are at issue here. In the context of the communications that Steele seeks to protect with this doctrine, it appears that Steele was simply offering Baker legal advice (for example, helping Baker draft declarations, etc.) In other words, Steele was representing Baker (even if he was being paid by someone else) and not
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Leppo in offering his assistance to Baker. And the court has already held that Baker has waived his attorney/client privilege. Therefore, any communications between Baker and Steele or among Baker, Steele and Cohen must be produced.
The motion does not contain sufficient information to demonstrate that what if anything Leppo himself (as distinguished from Steele) actually did here and whether Steele was or was not acting at Leppo's direction and therefore does not contain a sufficient basis for this court to impose sanctions upon Leppo. Any sanctions should be imposed upon Steele. (The court will leave it to Steele and Leppo to determine as between them whether Leppo rather than Steele should pay any sanctions imiposed.) The court will need additional briefing and a continued hearing to ascertain the appropriate amount of sanctions to be imposed.
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 David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
James Murtagh Represented By David P Bleistein Lisa Hiraide Michael J Conway
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Douglas M Neistat
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
Trustee(s):
Sam S Leslie (TR) Represented By Carolyn A Dye
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Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 12-8-15, 2-9-16, 4-5-16, 5-10-16, 5-24-16, 5-31-16, 9-27-16, 11-15-16,
1-10-17, 3-14-17, 6-13-17, 6-27-17, 7-11-17, 10-31-17, 2-13-18, 3-13-18,
5-8-18, 6-27-18, 8-16-18, 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, 12-3-19, 3-31-20, 6-16-20, 7-21-20, 10-27-20
Docket 1
ZoomGov Appearance by:
11/6/20 - Michael Conway, (818)382-6200 11/6/20 - D. David Steele, (415)658-2929 11/9/20 - Peter Arhangelsky, (602)334-4416 11/9/20 - Derek Linke, (206)274-2800 11/9/20 - Rachel Horvitz, (206)274-2800
11/10/20 - Jessica Ponce, (213)263-2911
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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:
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
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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 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.
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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.
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:
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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:
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.
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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).
Final Ruling for December 3, 2019:
Continue status conference to March 31, 2020 at 2:00 p.m. Plaintiff should file and serve a unilateral status report not later than March 17, 2020.
Tentative Ruling for March 31, 2020:
Where is the status report that plaintiff should have filed by March 17? Why hasn't counsel for plaintiff filed stipulation with Mr. Broom or lodged order resolving motion for turnover? Hearing required.
Status report filed on March 27, 2020. Court received copy on March 30, 2020. It now appears that plaintiff has abandoned any attempts to obtain information from Mr. Broom and plans to file yet another motion that he believes will enable him to maintain the information that he desires. Has that motion been filed and, if so, when is it set for hearing? Court still needs the order that plaintiff was to lodge in connection with turnover motion. Court will not want to rule on that motion until it has memorialized in an order its prior ruling on the latest turnover motion.
Tentative Ruling for June 16, 2020:
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Revisit status of action after conclusion of related matter on calendar. Discuss with parties plaintiff's request for a further extension of deadline to file motion for default judgment.
7/2/20 -- Court approved scheduling order setting continued status conference for July 21, 2020 at 2:00 p.m., requiring parties to file joint status report by July 7, 2020 and extending the deadline for plaintiff to file a default judgment motion to July 31, 2020.
Tentatlve Ruling for July 21, 2020:
Revisit status of action after conclusion of related matter on calendar.
8/4/20 -- Court approved scheduling order extending deadline to file default judgment motion to October 30, 2020.
Tentative Ruling for October 27, 2020:
Continue status conference to date of hearing on one or more of the motions that plaintiff plans to file.
Tentative Ruling for November 10, 2020:
Revisit status of action after conclusion of hearing on related matter.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Plaintiff(s):
James Murtagh Represented By
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Trustee(s):
David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
Sam S Leslie (TR) Represented By Carolyn A Dye
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#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
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NONE LISTED -
NONE LISTED -
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MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY fr. 7-14-20, 9-29-20
Docket 505
Zoomgov Appearance by:
Rulings on Movant's Evidentiary Objections:
(Original) Declaration of Jonathan Goldrich
Overrule objection to lack of qualifications. Declarant identifies himself as a Certified Residential Real Estate Appraiser licensed by the State of California. Overrule objection based on fact that declarant didn't view interior of property. Lack of interior inspection goes to weight.
Overrule. Experts may rely on hearsay information. Real estate appraisers never have personal knowledge of rents being charged and must always rely on some one providing that information. (If movant would like to prove that an assumption on which valuation is based is inaccurate, they are
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free to do that.)
Supplemental Goldrich Declaration
Overrule objection to lack of qualifications. Declarant identifies himself as a Certified Residential Real Estate Appraiser licensed by the State of California. Overrule objection based on fact that declarant didn't view interior of property. Lack of interior inspection goes to weight.
Overrule. Experts may rely on hearsay information.
Saber Declaration
Overrule objection as to statement that the original value in schedules does not take into account new appliances. Sustain objection to the balance of the paragraph for lack of foundation, hearsay and best evidence.
Sustain for lack of foundation.
Amaya Declaration
Overrule.
Overrule.
Tentative Ruling on the Merits:
As debtor has not obtained a stay pending appeal, debtor's appeal of the order appointing a trustee and/or the conversion of the case is irrelevant. (Note: Debtor filed an emergency motion for a stay pending appeal on July
10. The orders debtor has appealed were entered on May 4, 2020. Court refused to hear motion on an expedited basis as any emergency was created only by debtor's having waited this long to bring such a motion.)
There is no evidence in the motion to support the contention that movant lacks adequate protection. On what is this assertion based?
With regard to the request for relief under section 362(d)(2), now that the case is in chapter 7, one of the prongs of section 362(d)(2) has been satisfied -- the property is not necessary to an effective reorganization because there will be no reorganization. As to whether or not the debtor has
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equity in the property, under section 362(g)(1), the movant bears the burden of proof. The lender has relied merely on the value reflected in the debtor's schedules as the value of the property, which is a valuation that dates back to June of 2018.
Court notes that trustee has not opposed the motion. Does the trustee have a position as to the likely value of the property?
Continue hearing to give movant an opportunity to provide current evidence as to the value of the property. Court will not order adequate protection payments in the interim as there is no evidence that the property is declining in value.
9/23/20 -- Court approved stipulation continuing hearing to November 17, 2020 at 10:00 a.m. See order for additional deadlines. OFF CALENDAR FOR SEPTEMBER 29, 2020.
11/4/20 -- Court approved stipulation continuing hearing to December 15, 2020 at 10:00 a.m. See order for additional deadlines. OFF CALENDAR FOR NOVEMBER 17, 2020.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey James F Lewin
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
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Adv#: 2:20-01634 Saber v. Bensamochan et al
Docket 1
Zoomgov Appearance by:
11/13/20 - Eric Bensamochan, (818) 574-5740 11/6/20 - Joon Khang, (949)419-3834
Continue status conference to December 1, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss. APPEARANCES WAIVED ON NOVEMBER 17, 2020.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
2:00 PM
Defendant(s):
Eric Bensamochan Represented By
Eric Bensamochan
Jeffrey I. Golden Represented By Jeffrey I Golden
Khang & Khang LLP Pro Se
Joon M Khang Pro Se
Judy L. Khang Pro Se
Thomas Sands Pro Se
The Sands Law Group APLC Pro Se
Randy Change Pro Se
The Bensamochan Law Firm Inc Represented By
Eric Bensamochan
Weiland Golden Goodrich LLP Represented By Jeffrey I Golden
Doe 1 through Doe 100 Pro Se
Plaintiff(s):
Samuel Michael Saber Pro Se
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
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Adv#: 2:12-01538 8451 Melrose Property, LLC v. Akhtarzad
Docket 48
Zoomgov Appearance by:
Grant motion. Reinstate adversary proceeding 12-ap-01538. Set status conference in adversary proceeding for November 18, 2020 at 11:00 a.m. (as a holding date -- no status report required). APPEARANCES WAIVED ON NOVEMBER 17, 2020. MOVANT SHOULD LODGE ORDER GRANTING MOTION.
Debtor(s):
Ramesh Akhtarzad Represented By David L. Neale
John-patrick M Fritz
Defendant(s):
Sina Akhtarzad Represented By
John-patrick M Fritz David L. Neale
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Joint Debtor(s):
Sina Akhtarzad Represented By David L. Neale
John-patrick M Fritz
Movant(s):
8451 Melrose Property, LLC Represented By Jeffrey I Golden Beth Gaschen Kyra E Andrassy
Michael A Taitelman Lewis R Landau
Plaintiff(s):
8451 Melrose Property, LLC Represented By Jeffrey I Golden Beth Gaschen Kyra E Andrassy
Michael A Taitelman Lewis R Landau
Trustee(s):
Thomas C Hebrank (TR) Represented By
J. Barrett Marum Robert K Sahyan Aaron J Malo
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Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez
Docket 41
Zoomgov Appearance by: 11/16/20 - Anton Richardson
Defendant has failed to respond to OSC. Declaration of plaintiff's counsel nicely recounts history of defendant's failure to comply with this court's orders and local rules and procedures. Court has previously imposed monetary sanctions, which defendant has not paid. Due to ongoing history of lack of cooperation, and defendant's persistent failure to cooperate in the adjudication of this actionh, enter order striking defendant's answer to complaint and permitting plaintiff to proceed by way of default.
(Court received a belated response to the OSC on November 13, 2020. Debtor acknowledges that he had been advised of date of October 6 status conference (and he had been told about that conference at the prior status conference) but does not provide a sufficient explanation for why he failed to appear. He claims to have attended the mediation ordered by the court, but the declaration from the mediator tells a very different story. He claims he did not receive the OSC until November 10 because the address on the proof of
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service said Silver Sarpy Drive (with the rest of the information correct) rather than Silver Spray. This seems unlikely in light of the fact that the rest of the address was accurate. Moreover, court takes judicial notice of the fact that this is the way his address appears on his petition on May 13, 2019 and that it has been this way all along. The debtor has the responsibility to provide the court with a correct mailing address for him. Tentative ruling remains unchanged.)
Debtor(s):
Walter Steven Nevarez Represented By Richard A Avetisyan
Defendant(s):
Walter Steven Nevarez Pro Se
Plaintiff(s):
Elizabeth K.. Beaver Recovable Represented By
Anton R E Richardson
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
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Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez
fr. 10-15-19, 1-28-20, 5-5-20, 8-4-20, 10-6-20
Docket 1
Zoomgov Appearance by:
11/16/20 - Anton Richardson
Tentative Ruling for October 15, 2019:
(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.
Final Ruling for October 15, 2019:
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Continue status conference to January 28, 2020 at 2:00 p.m. Parties are to file joint status report not later than January 14, 2020.
Tentative Ruling for January 28, 2020:
Once again, plaintiff has filed a unilateral status report without an accompanying declaration. Impose sanctions of $150 on counsel for plaintiff for failing to supply this declaration. Issue order to show cause 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.
2/5/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- May 5, 2020 at 2:00 p.m.
L/D to file joint status report -- April 21, 2020
L/D to lodge order appointing mediators -- February 28, 2020 L/D to complete mediation -- May 5, 2020
3/3/20 -- Court approved order appointing mediators.
Tentative Ruling for May 5, 2020:
Plaintiff's counsel seems to be confused about the meaning of question 5 on the status report form. The term "Claims Documents" is defined in question A(1) of the form and refers to the complaint and counterclaim and not to any proof of claim filed in the case.
Court cannot read defendant's response to question E(1) on the status report. The handwriting is too small and the quality of the photocopy is poor. What is defendant trying to say?
Court ordered parties to participate in a mediation. Court understands that the parties are not able to attend a mediation in person, but have they discussed with the mediator the prospect of conducting a virtual mediation via Zoom or some other video platform? (The mediator filed a certificate of completion, stating that a mediation did
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take place during the week of March 23, 2020. Plaintiff reports that the mediator spoke to each of the parties separately on the phone, but that no mediation took place.)
Plaintiff represents that it plans to bring a motion for summary judgment. Is the plaintiff in a position to do that now, or does plaintiff need to conduct some discovery first?
Hearing required.
5/6/20 -- Court approved scheduling order with following dates:
Plaintiff is to provide defendant with copies of documents on which claims are based. Parties shall file joint status report not later than July 21, 2020.
Parties shall complete a day of mediation by person or by video by August 4, 2020. Status conference continued to August 4, 2020 at 2:00 p.m.
Tentative Ruling for August 4, 2020:
Court is reluctant to impose sanctions on defendant for not participating in this adversary proceeding after he filed chapter 13 bankruptcy on June 30, 2020, as an automatic stay arose upon the filing of the new bankruptcy case. Plaintiff should obtain relief from stay in chapter 13 bankruptcy case to proceed with this adversary proceeding. (The outcome of this proceeding is still relevant in that debtor will not obtain a discharge in his chapter 13 case, having received one in this chapter 7 case.) Once plaintiff has obtained relief from stay, court will renew order directing defendant to participate in mediation and will impose sanctions if debtor fails to do so.
Final Ruling for August 4, 2020:
Continue status conference to October 6, 2020 at 2:00 p.m. Parties should file joint status report by September 22, 2020. Court will extend deadline to complete mediation to October 6, 2020. Plantiff should move for relief from stay to authorize the continuation of this litigation. Scheduling order should say that, once relief from stay has been granted, mediation should be completed by extended date, and court will enforce its order that mediation be completed by this date once relief from stay has been granted. Plaintiff should lodge scheduling order.
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Tentative Ruling for October 6, 2020:
Relief from stay was granted in debtor's chapter 13 case on September 18, 2020 and order included waiver of 14-day stay. Impose sanctions of $150 on debtor for failing to participate in preparation of joint status report. Did mediation proceed on October 1, 2020 as scheduled? Hearing required. If defendant failed to appear at mediation, impose additional sanctions of $250 and issue order to show cause why his answer to complaint should not be stricken and plaintiff entitled to proceed by way of default. Set hearing on OSC for same date as a continued status conference.
Tentative Ruling for November 17, 2020:
If court concludes that defendant's answer to complaint should be stricken based on his failure to cooperate in the adjudication of this action, set deadline for plaintiff to bring motion for default judgment and continue status conference to date of hearing on motion for default judgment. Deny request for further monetary sanctions.
Debtor(s):
Walter Steven Nevarez Represented By Richard A Avetisyan
Defendant(s):
Walter Steven Nevarez Pro Se
Plaintiff(s):
Elizabeth K.. Beaver Recovable Represented By
Anton R E Richardson
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:20-01623 Moshkovich v. Bobs, LLC et al
Docket 4
Zoomgov Appearance by:
11/16/20 - David Jacob (213)293-5931 11/16/20 - Rommy Shy
11/16/20 - David Golubchik, (310)229-1234 11/16/20 - Todd Arnold, (310)229-1234
Debtor has asserted 10 claims for relief:
declaratory relief as to whether the entire claim is unsecured;
declaratory relief as to whether part of the claim is unsecured;
declaratory relief as to the correct interest rate;
declaratory relief that the debtor has not been given credit for all payments that have been made;
damages for usury;
avoidance of a fraudulent transfer as to the "exit fee";
elder abuse;
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unlawful business practices;
objection to claim; and
injunctive relief.
Court rejects movant's jurisdictional arguments. Bankruptcy court's jurisdiction arises under section 1334 and is not based on diversity or other federal question jurisdiction. The gist of the complaint is to ascertain the extent to which Bob's holds a secured claim against real property of the estate and the amount of that claim. Not only does the bankruptcy court have subject matter jurisdiction over these issues, it has core jurisdiction over these issues as it involves the allowance or disallowance of Bobs' claims against the estate.
It is bizarre that movant cites Sierra Switchboard for the proposition that the elder abuse claim is personal to the debtor and cannot be brought by his estate in light of the fact that the holding of that case was that the debtor's claim for emotional distress WAS an asset of his bankruptcy estate. Movant points to footnote 3 as the relevant portion of the case. Footnote 3 says,
"We need not decide whether emotional distress might in some circumstances be so personal to the debtor that it would be undesirable, on public policy grounds, to transfer the property
interest to the bankruptcy trustee. See In re Brooks, 12 Bankr. 22, 24- 25 (S.D. Ohio 1981) (debtor cited no public policy reason why Congress could not expand definition of property to include personal injury claim). In the circumstances of this case, we perceive no persuasive public policy rationale." How does that help movant's case?
Movant also argues that the debtor cannot litigate his claims against the individuals in bankruptcy court. This is an inaccurate statement of the law as well. The court certainly has subject matter jurisdiction over these defendants under 28 U.S.C. section 1367, as bankruptcy courts in the Ninth Circuit have been recognized as having supplemental jursdiction under this section, and the claims alleged arise out of the same set of transactions and occurrences as the claims over which the bankruptcy court has core jurisdiction. The question is rather whether the bankruptcy court can enter final orders with regard to these claims, not whether they are within the court's jurisdiction.
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The claims against BOBS, as outlined above, are core claims, and BOBS has filed a proof of claim, consenting to the court's jurisdiction. There is no problem with this court's entering final orders that are necessary to ascertain the amount and availability of security for Bobs' claims. The debtor asserts that the individuals are alter egos of Bobs. If plaintiff proves this to be the case, they may be deemed to have consented to the bankruptcy court's jurisdiction as well. However, there is no need for this court to dismiss a claim merely because it would be within the court's "related to" rather than "core" jurisdiction. The Court can make a report and recommendation to the district court with regard to claims against the individuals.
(NOTE: Movant's choice of authority to support its position is questionable as well. In Wellness, an individual (Sharif) owed money to Wellness and its owners. Wellness filed a nondischargeability action against Sharif in his bankruptcy case and, in the context of that nondischargeability action, sought to prove that a trust Sharif claimed to administer was in fact Sharif's alter-ego and that its assets were his personal property and part of his bankruptcy estate. The bankruptcy court entered a default judgment against Sharif.
While the appeal was pending but before briefing closed, the Supreme Court decided Stern v. Marshal. After briefing closed, Sharif sought permission to file a supplemental brief raising a Stern objection. The District Court denied the motion, finding it untimely, and affirmed the Bankruptcy Court's judgment. The Seventh Circuit reversed, finding that the Bankruptcy Court lacked constitutional authority to enter final judgment on that claim and that this was a structural problem that could not be waived. The Supreme Court disagreed and found that parties can consent to adjudication of a claim by a bankruptcy court and that that consent can be express or implied, but had to be knowing and voluntary. The case has nothing whatsoever to do with whether an alleged alter ego of a claimant consents to the entry of final orders by a bankruptcy court when the claimant has consented to the entry of final orders by filing a proof of claim.)
Court agrees that the debtor should plead facts to support his contention that the individuals are alter egos of BOBS; however, the only claim that appears to have been asserted against the individuals is the Seventh Claim for relief, which is for elder abuse, and the motion should be granted without leave to
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amend with regard to that claim. Debtor -- who currently serves as a debtor in possession and purports to be sufficiently competent to administer his assets for the benefit of the estate -- is not alleging that the debtor suffered from any mental incapacity (only a condition that is physically debilitating), and there is nothing on these facts to establish anything other than a relationship of borrower and lender or that there is anything other than a dispute as to whether or not the loans were properly documented and the amounts due thereunder properly calculated. This should not be turned into an "elder abuse" claim merely because the debtor is over 65.
Similarly, the Eighth Claim for Relief adds nothing here. This dispute is not about unlawful business practices. It is about whether the loan was documented in a manner that is sufficient to create enforceable secured claims and whether the interest calculations are enforceable and correct.
However, motion does not contain any discussion of this claim for relief. Therefore, deny motion insofar as it relates to the Eighth Claim for Relief.
Deny motion with regard to Fifth Claim for Relief for usury. Movant seeks to rely on facts not alleged in the complaint, and this is a motion to dismiss, not a motion for summary judgment. The complaint is adequately pleaded.
Movant may have a defense, but that is not an issue to be decided today as it does not appear on the face of the complaint.
Court rejects movant's argument that the complaint fails because "typos do not result in free homes". No one is talking about avoiding the obligations entirely (at least not the unpaid principal amount). The issue is whether these obligations are secured. Complaint adequately pleads numerous problems with the documentation that may well result in there not being an enforceable deed of trust to secure the debtor's obligations to BOBS. (Typos CAN on appropriate facts make a security interest unperfected or unenforceable as against a trustee.)
Court has issues with the debtor's Sixth Claim for Relief to avoid a fraudulent transfer, but not for the reasons outlined in the motion. The court will not summarily adjudicate that there was, or was not, reasonably equivalent value given for this fee. The problem the court sees is the contingent nature of the claim. The debtor is absolutely NOT conceding that the estate was insolvent or rendered insolvent AT THE TIME THE OBLIGATION WAS INCURRED.
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Whether the value of the property turns out to be enough to pay claims in full in the context of this bankruptcy case is not the question. If the debtor wants to avoid the "exit fee" he will need to plead the elements necessary to establish a fraudulent transfer. He has not done so. Grant motion with regard to Sixth Claim for relief with leave to amend.
Court also rejects movant's contentions with regard to the Tenth Claim for relief. The automatic stay is a different animal from a traditional injunction granted if the party requesting that relief can make the requisite showing. The standards used to determine whether the automatic stay should be lifted are not the same as those used by a court to decide whether to grant injunctive relief on either a preliminary or a permanent basis. Deny motion with regard to Tenth Claim for Relief.
Court has no problem with the debtor's use of a claim for declaratory relief for the purpose of determining whether and to what extent the lender's claims are secured, what the appropriate interest rate should be and whether the lender has given the borrower credit for all payments made. Deny motion insofar as it seeks the dismissal of the debtor's first through fourth claims for relief and its ninth claim for relief, which is an objection to claim.
So, to recap, grant the motion without leave to amend with regard to the debtor's 7th claim for relief. Grant the motion with leave to amend with regard to the debtor's 6th claim for relief. Deny the motion with regard to all other claims for relief. To the extent that the motion asks this court to abstain from adjudicating the action, deny this request for relief as well.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
Defendant(s):
Bobs, LLC Represented By
David Jacob
Rommy Shy Represented By
2:00 PM
David Jacob
Barry Shy Represented By
David Jacob
Movant(s):
Bobs, LLC Represented By
David Jacob
Rommy Shy Represented By
David Jacob
Barry Shy Represented By
David Jacob
Plaintiff(s):
Gennady Moshkovich Represented By Todd M Arnold
David B Golubchik
2:00 PM
Adv#: 2:20-01623 Moshkovich v. Bobs, LLC et al
Docket 1
Zoomgov Appearance by:
11/16/20 - David Jacob (213)293-5931 11/16/20 - Rommy Shy
11/16/20 - David Golubchik, (310)229-1234 11/16/20 - Todd Arnold, (310)229-1234
Revisit status of action after conclusion of related matter on calendar.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
2:00 PM
Defendant(s):
Bobs, LLC Represented By
David Jacob
Rommy Shy Represented By
David Jacob
Barry Shy Represented By
David Jacob
Plaintiff(s):
Gennady Moshkovich Represented By Todd M Arnold
David B Golubchik
2:00 PM
Adv#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.
Docket 22
Zoomgov Appearance by:
Grant motion. Enter order requiring production of requested documents, without any assertions of privilege, as these have been waived due to failure to defendant to submit timely response. Discuss extension of discovery cutoff in context of status conference in adversary proceeding. (There is no evidence of costs incurred in connection with this motion.)
11/16/20 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Defendant(s):
Eugene Hubbard Jr. Represented By
2:00 PM
Movant(s):
Vernon R Yancy
Eugene Hubbard Jr. Represented By Vernon R Yancy
Plaintiff(s):
Upstream Capital Investments LLC Represented By
Douglas A Crowder Lynda E Jacobs
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.
Docket 21
Zoomgov Appearance by:
Grant motion. Enter order deeming facts described in request for admissions to have been admitted. Deny request for sanctions. (There is no evidence of costs incurred in connection with this motion.)
11/16/20 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Defendant(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
2:00 PM
Movant(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Plaintiff(s):
Upstream Capital Investments LLC Represented By
Douglas A Crowder Lynda E Jacobs
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.
Docket 20
Zoomgov Appearance by:
Grant motion to the extent that it seeks a finding that plaintiff is not entitled to judgment in this action based on collateral estoppel principles as applied to the state court judgment. It cannot be said that the issues necessary to obtain a nondischargeable judgment were actually and necessarily decided in the state court action. To the contrary, the state court judgment, which included, for example, a dischargeable claim for breach of contract, provides for contract damages in the form of unpaid rents, etc. and does not contain any findings from which this court can determine that debtor himself engaged in the type of conduct necessary to render the debt nondischargeable. State court judgment does resolve amount of the liability. If debtor claims that collateral estopped should not be applied even to the amount of the liability because the judgment is not final (because he still retains a right to appeal the judgment since he was not properly served), debtor should take the steps necessary in state court to either appeal or move for reconsideration of the state court judgment. (Court should set a deadline to this effect.)
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11/16/20 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Defendant(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Movant(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Plaintiff(s):
Upstream Capital Investments LLC Represented By
Douglas A Crowder Lynda E Jacobs
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.
fr. 10-1-19, 1-28-20, 5-5-20, 8-25-20
Docket 1
Zoomgov Appearance by:
Tentative Ruling from October 1, 2019:
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
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and ascertain whether or not there is a dispute as to the validity of the lien.
10/4/19 -- Court entered order striking third claim for relief and directing parties to file joint status report not later than January 14, 2020.
Tentative Ruling for January 28, 2020:
Set discovery cutoff for late May 2020. Continue status conference approximately 90 days. Discuss with parties why they do not want this matter sent to mediation.
Final Ruling for January 28, 2020:
Set discovery cutoff of May 29, 2020. Continue status conference to May 5, 2020 at 2:00 p.m. Parties should file joint status report by April 21, 2020.
Plaintiff is directed to lodge scheduling order with these dates.
Tentative Ruling for May 5, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order in a timely manner. Impose additional sanctions of $250 on counsel for each party for failing to participate in the preparation of a joint status report. What is the status of this matter? Are the parties on track to complete discovery by the end of May, 2020? Hearing required.
Final Ruling for May 5, 2020:
Set discovery cutoff for August 31, 2020. Continue status conference to August 25, 2020 at 2:00 p.m. Parties should file joint status report by August 11, 2020. Plaintiff is ordered to lodge scheduling order with these dates.
Tentative Ruling for August 25, 2020:
Counsel for plaintiff has AGAIN failed to lodge scheduling order. Impose monetary sanctions of $250 on counsel for plaintiff. Discovery cutoff has now passed. If plaintiff would like additional time to conduct discovery, require plaintiff to file motion for extension of discovery cutoff that details what progress has been made on
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this case since the last status conference.
8/31/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- November 17, 2020 at 2:00 p.m.
L/D to file joint status report -- November 3, 2020
L/D for pretrial motions to be filed and served -- September 29, 2020 L/D for pretrial motions to be heard -- November 17, 2020 at 2:00 p.m. Discovery cutoff -- August 31, 2020
Tentative Ruling for November 17, 2020:
Revisit status of action (and possible extension of discovery cutoff) after resolution of related matters on calendar.
11/16/20 -- Court approved stipulation re dismissal. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Defendant(s):
Eugene Hubbard Jr. Represented By Vernon R Yancy
Plaintiff(s):
Upstream Capital Investments LLC Represented By
Douglas A Crowder Lynda E Jacobs
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Docket 105
NONE LISTED -
NONE LISTED -
Debtor(s):
Myron Hale Pro Se
Movant(s):
Myron Hale Pro Se
Trustee(s):
David M Goodrich (TR) Represented By Toan B Chung
10:00 AM
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Global Acquisitions Holding Group, Represented By
Onyinye N Anyama
11:00 AM
Docket 105
ZoomGov Appearance by:
Local Rule 3007(c)(2) requires movant to attach a complete copy of the proof of claim to which he objects to the claim objection. Movant has not done this. Court reviewed its own records to see what was attached to the claims.
Claim no. 3 is 20 pages long and has court orders attached that total
$1,472.75. Debtor has not identified any basis upon which he can overcome the presumption created by the filing of a proof of claim with valid supporting documentation. Deny motion with prejudice with regard to claim no. 3.
Amended claim no. 4 is for $3,411.60 and consists of 42 pages, which includes a copy of the parties' agreement and an invoice explaining the breakdown of the claim amount. Again, debtor has not identified any basis upon which he can overcome the presumption created by the filing of this proof of claim.
Deny motion with prejudice with regard to claim no. 4-2.
11:00 AM
Debtor(s):
Myron Hale Pro Se
Movant(s):
Myron Hale Pro Se
Trustee(s):
David M Goodrich (TR) Represented By Toan B Chung
11:00 AM
Approving Sale of Property Free and Clear of All Liens and Encumbrances pursuant to Section 363(b) and (f); re: Property located at: 1516 Verde Vista Drive, Monterey Park, CA
Finding Buyers Qualify as Good Faith Purchasers pursuant to 11 USC Section 363(m).
Approving Overbid Procedures; D). Waiving F.R.B.P. 6004(h) Stay
Docket 67
ZoomGov Appearance by:
11/13/20 - Joshua Thai, (626) 378-7023
11/13/20 - Javey Tri, (626)378-7023
11/13/20 - Kamryn Ikeda, (626)378-7023
11/16/20 - David Hagen, (818)990-4416
11:00 AM
Grant motion. Approve sale to highest bidder.
Debtor(s):
Jonas Chang Represented By
Chris T Nguyen
Joint Debtor(s):
Christy Chang Represented By Chris T Nguyen
Movant(s):
Carolyn A Dye (TR) Represented By Alan I Nahmias
Trustee(s):
Carolyn A Dye (TR) Represented By Alan I Nahmias
11:00 AM
Docket 21
ZoomGov Appearance by:
Court is confused. Debtor is seeking to avoid lien created by the recordation of a document at the county recorder's office, yet the property that the debtor declares is exempt is personal property. Recordation of a judgment at the county recorder's office only creates a lien on real property. Also, the relevant objections here are those available under CCP 703.140(b)(5). These exemptions total $11,070, not $14,934. The latter figure is the total of all exemptions claimed.
Hearing required.
Debtor(s):
Nora Elena Allen Represented By Kenumi T Maatafale
Movant(s):
Nora Elena Allen Represented By
11:00 AM
Trustee(s):
Kenumi T Maatafale Kenumi T Maatafale
Wesley H Avery (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, 10-9-19, 10-16-19, 11-20-19, 1-15-20,
3-11-20, 5-6-20, 8-12-20
Docket 1
ZoomGov Appearance by:
11/13/20 - Diane Weifenbach, 714-695-6637 11/16/20 - Giovanni Orantes, (213)389-4362
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
11:00 AM
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:
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.
11:00 AM
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 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.
11:00 AM
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.
Tentative Ruling for January 15, 2020:
According to the reorganized debtor's status report, the replacement loan will fund on January 12 and reorganized debtor will be able to pay off all amounts due unsecured creditors under her plan and cure any delinquencies on her secured claims. Has this occurred? Hearing required.
Tentative Ruling for March 11, 2020:
Debtor has now obtained financing and cured arrearages under plan. Continue case status conference to May 6, 2020 at 11:00 a.m. to give debtor an opportunity to move for and obtain final decree. APPEARANCES WAIVED ON MARCH 11, 2020.
Tentative Ruling for May 6, 2020:
Discuss with counsel debtor's game plan for dealing with various plan delinquencies and problems.
Final Ruling for May 6, 2020:
11:00 AM
Continue status conference to August 12, 2020 at 11:00 a.m. Reorganized debtor should file updated status report by July 31, 2020.
Tentative Ruling for August 12, 2020:
Continue status conference to November 18, 2020 at 11:00 a.m. Reorganized debtor should file updated status report by November 6, 2020. APPEARANCES WAIVED ON AUGUST 12, 2020.
Tentative Ruling for November 18, 2020:
Court has reviewed reorganized debtor's status report. Continue status conference to March 17, 2021 at 11:00 a.m. Debtor should file updated status report by March 5, 2021. APPEARANCES WAIVED ON NOVEMBER 18, 2020.
Debtor(s):
Ida Mae Woods Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 1
ZoomGov Appearance by:
11/17/20 - Kenneth Lau, (818)794-7430
Order appointing trustee was entered after due date for the filing of a status report. What is the status of this action? Hearing required.
Debtor(s):
Valley Equities, LLC Represented By
Richard L. Sturdevant
Trustee(s):
Jason M Rund (TR) Represented By
John N Tedford IV Brad Krasnoff
11:00 AM
11:00 AM
Docket 1
ZoomGov Appearance by:
11/18/20 - Eryk Escobar, (202)934-4168
Set deadline for serving notice of bar date and bar date. Continue case status conference (as a holding date) to date of hearing on debtor's valuation motion (December 2, 2020 at 10:00 a.m.)
Debtor(s):
Global Acquisitions Holding Group, Represented By
Onyinye N Anyama
11:00 AM
Docket 519
ZoomGov Appearance by:
11/18/20 - Barrett Marum, (619)338-6585
Grant motion. (Judge Bluebond does not take matters off calendar until they are fully and finally resolved.) Set status conference on claim objection.
Debtor(s):
Ramesh Akhtarzad Represented By David L. Neale
John-patrick M Fritz
Joint Debtor(s):
Sina Akhtarzad Represented By David L. Neale
John-patrick M Fritz
11:00 AM
Movant(s):
Jack Simantob, 8451 Melrose Represented By Dean G Rallis Jr Kyra E Andrassy Lewis R Landau
Trustee(s):
Thomas C Hebrank (TR) Represented By
J. Barrett Marum Robert K Sahyan Aaron J Malo
11:00 AM
Docket 521
ZoomGov Appearance by:
11/18/20 - Barrett Marum, (619)338-6585
Conduct hearing as a status conference and discuss with the parties the open issues and the best approach for resolving them. (And does anyone have a copy of Judge Neiter's tentative ruling for matter no. 5 on his September 10, 2013 calendar? The October 15, 2013 order (docket no. 409) states that it is attached as an exhibit to the order, but it wasn't.)
Debtor(s):
Ramesh Akhtarzad Represented By David L. Neale
John-patrick M Fritz
Joint Debtor(s):
Sina Akhtarzad Represented By David L. Neale
11:00 AM
Trustee(s):
John-patrick M Fritz
Thomas C Hebrank (TR) Represented By
J. Barrett Marum Robert K Sahyan Aaron J Malo
11:00 AM
Adv#: 2:12-01538 8451 Melrose Property, LLC v. Akhtarzad
U.S.C. Sections 523(a)(2)(A) & (B) and 523(a)(6) Nature of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
Docket 1
ZoomGov Appearance by:
11/18/20 - Barrett Marum, (619)338-6585
NONE LISTED -
Debtor(s):
Ramesh Akhtarzad Represented By David L. Neale
John-patrick M Fritz
Defendant(s):
Sina Akhtarzad Represented By
John-patrick M Fritz David L. Neale
11:00 AM
Joint Debtor(s):
Sina Akhtarzad Represented By David L. Neale
John-patrick M Fritz
Movant(s):
8451 Melrose Property, LLC Represented By Jeffrey I Golden Beth Gaschen Kyra E Andrassy
Michael A. Taitelman Lewis R Landau
Plaintiff(s):
8451 Melrose Property, LLC Represented By Jeffrey I Golden Beth Gaschen Kyra E Andrassy
Michael A. Taitelman Lewis R Landau
Trustee(s):
Thomas C Hebrank (TR) Represented By
J. Barrett Marum Robert K Sahyan Aaron J Malo
11:00 AM
Docket 53
ZoomGov Appearance by:
11/16/20 - Jacquelyn Choi, (310)525-5859 11/6/20 - Ori Blumenfeld, (818)705-2777
This is not a complex case. The debtor's only asset is an economic interest in Canico. The debtor is not an operating entity. There are only a small number of creditors. Nevertheless, court is not inclined to require debtor to file a plan before the bar date has even passed. The claims bar date is December 7, 2020. At present, the exclusive period for filing a plan is scheduled to expire on November 27, 2020. Grant motion in part. Extend exclusive periods by approximately 90 days.
PARTIES HAVE AGREED TO SAME EXTENSION. NO APPEARANCE REQUIRED. MOVANT IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
11:00 AM
Debtor(s):
Rhino Bare Projects LLC Represented By Leslie A Cohen
Movant(s):
Rhino Bare Projects LLC Represented By Leslie A Cohen
2:00 PM
Docket 228
ZoomGov Appearance by:
11/13/20 -- Court approved stipulation continuing hearing to December 9, 2020 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 18, 2020.
Debtor(s):
Soames Lane Trust Represented By Stuart J Wald
Trustee(s):
Rosendo Gonzalez (TR) Represented By Carmela Pagay
---- Levene Neale Bender
2:00 PM
Docket 72
ZoomGov Appearance by:
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Maria D Olivas Pro Se
Trustee(s):
Carolyn A Dye (TR) Represented By Leonard Pena
2:00 PM
Docket 246
ZoomGov Appearance by:
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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: $92015, Expenses: $1409.00]
Docket 369
ZoomGov Appearance by:
11/9/20 - Kenneth Lau, (818)794-7430
11/16/20 - Ron Bender, (310)229-1234
11/16/20 - David Gottlieb, (818)539-7720 11/16/20 - Andrew De Camara, (818)400-3852
11/16/20 - Jarod Wada, (650)380-1186
11/17/20 - Henry Paloci, (805)279-1225
Court rejects counsel's argument that payments made by a third party to a court-appointed professional for a debtor in possession are not within the purview of the court. Such payments can cause a professional to cease to be disinterested (preferring instead to advance the interests of the party paying
2:00 PM
him rather than those of the estate). Counsel acknowledges as much when he explains on page 20, at line 10, of his reply that a payment by Mr. Spiro "could have caused a conflict because Mr. Spiro, through an entity, was an insider and a plan proponent." Instead, counsel accepted $15,000 from Artine Safarian. Payments from all sources must be disclosed and approved. However, the danger posed by a third party payment is diminished here by the fact that, at the time the payment was made, the debtor was no longer the debtor in possession and was no longer charged with the responsibility to be a fiduciary for the benefit of creditors. That responsibility had been assumed by the trustee. This is why, for example, it is not problematic for debtor's counsel in a chapter 7 case to be paid by a third party (and must in fact be paid by a third party unless the trustee specifically requested that services be rendered for the benefit of the estate under Lamie v. U.S. Trustee, 540 U.S.
526 (2003)).
Disallow $1,260 in fees and $53.50 in costs related to the defense of objections to fee applications, which are not compensable under Baker Botts v. Asarco. Applicant's reply brief has adequately addressed balance of objections. Overrule remaining objections and allow balance of fees and costs requested.
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
2:00 PM
[Fees requested: $173,240.50, Expenses: $2,636.77]
Docket 371
ZoomGov Appearance by:
11/16/20 - Ron Bender, (310)229-1234
11/16/20 - David Gottlieb, (818)539-7720 11/16/20 - Andrew De Camara, (818)400-3852
11/16/20 - Jarod Wada, (650)380-1186
Grant application. Allow on a final basis fees of $100,000. Ratify payments made to date and authorize payment of remaining balance due.
APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
2:00 PM
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
Levene, Neale, Bender, Yoo & Brill Represented By
Ron Bender
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
2:00 PM
[Fees requested: $125,962.50 and Expenses: $0.00]
Docket 374
ZoomGov Appearance by:
11/16/20 - Ron Bender, (310)229-1234
11/16/20 - David Gottlieb, (818)539-7720 11/16/20 - Andrew De Camara, (818)400-3852
11/16/20 - Jarod Wada, (650)380-1186
Grant application. Allow on a final basis fees of $100,000. Ratify payments made to date and authorize payment of remaining balance due.
APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
MedCoast Medservice Inc. Represented By
2:00 PM
Movant(s):
Henry D Paloci
Sherwood Partners, Inc. Pro Se
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
2:00 PM
[Fees requested: $45,486.50, Expenses: $465.57]
Docket 375
ZoomGov Appearance by:
11/16/20 - Ron Bender, (310)229-1234
11/16/20 - David Gottlieb, (818)539-7720 11/16/20 - Andrew De Camara, (818)400-3852
11/16/20 - Jarod Wada, (650)380-1186
Grant application. Allow on a final basis fees of $45,486.50 and costs of
$465.57. Ratify payments made to date and authorize payment of remaining balance due. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
2:00 PM
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
Davison Amores Consulting Group Pro Se
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
2:00 PM
[Fees requested: $227,637.50, Expenses: $327.50]
Docket 377
ZoomGov Appearance by:
11/16/20 - Ron Bender, (310)229-1234
11/16/20 - David Gottlieb, (818)539-7720 11/16/20 - Andrew De Camara, (818)400-3852
11/16/20 - Jarod Wada, (650)380-1186
Grant application. Allow on a final basis fees of $100,000. Ratify payments made to date and authorize payment of remaining balance due.
APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE RULING.
2:00 PM
Debtor(s):
MedCoast Medservice Inc. Represented By Henry D Paloci
Movant(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
Trustee(s):
David Keith Gottlieb (TR) Represented By Ron Bender
Krikor J Meshefejian
2:00 PM
Docket 154
ZoomGov Appearance by:
Grant application. Allow on final basis fees of $20,340 and costs of $31.85 and authorize payment of balance due. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
Movant(s):
Gregory Kent Jones (TR) Pro Se
2:00 PM
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:00 PM
Docket 149
ZoomGov Appearance by:
Grant application. Allow on final basis fees of $168,752 and costs of $2,578.57. 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):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
Movant(s):
Goe Forsythe & Hodges LLP Represented By Robert P Goe
2:00 PM
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:00 PM
[Fees requested $56,207.50 and Expenses: $0.00]
Docket 150
ZoomGov Appearance by:
Grant application. Allow on a final basis fees of $56,207.50 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):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
Movant(s):
Armory Consulting Co. Represented By Robert P Goe
2:00 PM
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:00 PM
[Fees requested: $9,039.50, Expenses: $28.17]
Docket 152
ZoomGov Appearance by:
Grant application. Allow on a final basis fees of $9,039.50 and costs of $28.17. Ratify application of retainer to payment of these amounts and require applicant to refund remaining balance of $10,000 retainer to disbursing agent. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
Movant(s):
Knobbe Martens Olson & Bear LLP Represented By
2:00 PM
Trustee(s):
Robert P Goe
Gregory Kent Jones (TR) Pro Se
2:00 PM
Docket 146
ZoomGov Appearance by:
Grant motion. Enter final decree after declaration is filed evidencing that amounts allowed in response to fee applications have been paid.
APPEARANCES WAIVED.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
Movant(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Robert P Goe Robert P Goe Robert P Goe
2:00 PM
Trustee(s):
Charity J Manee Charity J Manee Charity J Manee Charity J Manee
Gregory Kent Jones (TR) Pro Se
2:00 PM
Docket 144
ZoomGov Appearance by:
Grant application. Allow on a final basis fees of $6,824.50 and costs of $82.44. Ratify application of retainer to payment of these amounts and require applicant to refund remaining balance of $10,000 retainer to disbursing agent. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.
Debtor(s):
Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:00 PM
Approving Debtor In Possession Financing From Paragon, Crossroads, and ABS Capitol
Authorizing Debtor To Operate Under A Post Petition Purchase Agreement To Sell Accounts To Paragon Post Petition And Incur Credit
Granting Paragon, Crossroads And ABS Capitol Post Petition Liens And Security Interests In Property Of The Estate
Modifying The Automatic Stay
[OST]
Docket 260
ZoomGov Appearance by:
11/13/20 - David S. Kupetz, (213) 626.2311
11/13/20 - Jared A. Ullman, (561) 338.3535
11/16/20 - Kenneth Lau, (818)794-7430
11/17/20 - Renee Singer, (203)939-7221
2:00 PM
11/17/20 - Jim Persico
11/17/20 - Gregory Vizza, (215)569-5702
11/17/20 - John Lucian, (215)569-5442
11/17/20 - John Yates, (818)381-5891
11/17/20 - Benjamin Pouladian
11/17/20 - Raymond Aver, (310)571-3511
11/17/20 - Bruce Landau, (310)838-1507
11/17/20 - David Hardin, (949)257-8674
11/18/20 - Amy Mousavi, (949)864-9667
Court's general orders regarding COVID procedures still require judges' copies of documents that are more than 25 pages long. The motion was 239 pages long, yet no copy was provided for Judge Bluebond. The court printed a copy of the motion itself, but has not seen the attached exhibits.
Why does the debtor reer to the GF Capital Group loan to be secured by the Vail property as a "no-cash-out" financing if ABS is going to loan $2.7M of the net loan proceeds to the debtor. Clearly, there is cash that will be made available (to ABS) through this financing?
Pursuant to this financing, Siena will receive a cash payout of $2.7M and a second position deed of trust (behind GF's new $5.4M loan?) on the Vail
2:00 PM
Property to secure any remaining indebtedness? Is there any evidence in the record as to the value of the Vail property?
What is to become of Siena's existing liens against the debtor's inventory and A/R? The motion says that ABS will get a lien against the debtor's tangible and intangible personal property junior in right and priority to Paragon and Crossroads (the new A/R and inventory lenders). Are Siena's liens being paid off? Are they being primed? The motion does not say.
Why is the $2.7 being structured as a loan from ABS to the debtor? Couldn't this portion of the loan proceeds be paid directly to the debtor and the liens granted to GF? Would it give an affiliate an inappropriate amount of leverage to make it a secured creditor?
The automatic stay is to be modified to permit Paragon to retain and apply all collections of any Purchased Accounts and non-purchased accounts to the repayment of its obligations? If the financing arrangement can be construed as an actual purchase of accounts receivable (which seems unlikely due to default provisions), relief from stay with regard to the Purchased Accounts makes sense, but why should Paragon have relief from stay without having to bring a motion with regard to accounts that it does not purchase?
Court assumes that the proposed financing involves priming some or all of Siena's liens, as there is a section in the memorandum about priming, but which of Siena's liens are being primed? Is the only priming the new (larger) first in favor of GF (previously $2,488,848.33; now $5.4M) or is Siena's lien being primed with regard to the debtor's tangible and intangible assets?
The motion is styled as a request for interim and final orders approving the financing. Is the debtor seeking approval of the entire package at this interim phase or is there any portion of this financing that can wait to be approved until the final hearing?
Hearing required.
2:00 PM
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Movant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver Raymond H. Aver
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
ZoomGov Appearance by:
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: 81 EASTFIELD, LLC.
Docket 12
ZoomGov Appearance by:
11/23/20 -Alexandria Lattner, (949)244-5833 11/23/20 - Bryan Merryman, (213)280-1885
Grant motion with waiver of Rule 4001(a)(3) and annulment in this bankruptcy case. Court cannot annul the automatic stay in a different bankruptcy case in response to a motion filed in this case.
Debtor(s):
Jeffrey Allen Donohue Represented By
James D. Hornbuckle
Movant(s):
10:00 AM
81 Eastfield, LLC Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: ILWU-PMA WELFARE PLAN
Docket 15
11/3/20 - Case is closed. Motion to Reopen case filed the same day. No order has been submitted to reopen this case.
ZoomGov Appearance by:
11/30/20 - Ryan Pinkston, (415)544-1013
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
David Gomez Represented By
Raj T Wadhwani
Movant(s):
10:00 AM
ILWU-PMA WELFARE PLAN Represented By Michael R Pinkston
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
MOVANT: PACIFIC CITY BANK
Docket 74
ZoomGov Appearance by:
11/24/20 - Rachel Sposato, (617)866-9257 11/30/20 - James Adler, (310)694-7140
There is no "balance of the hardships" test for granting relief from stay. Movant has established that there is no equity in the property and that there is no likelihood of reorganization within a reasonable period, as this is a chapter 7 case. This is sufficient to entitle movant to relief from stay under Bankruptcy Code section 362(d)(2). Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Monica Shiun Oh Represented By Rachel M Sposato
10:00 AM
James Andrew Hinds Jr
Joint Debtor(s):
Jimi P. Chae Represented By
Rachel M Sposato James Andrew Hinds Jr
Movant(s):
Pacific City Bank Represented By James E Adler
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
MOVANT: FINANCIAL SERVICES VEHICLE TRUST
Docket 36
ZoomGov Appearance by:
11/30/20 - Marjorie Johnson, (951)778-9878
Relief from stay may be unnecessary as debtor is not the lessee. Nevertheless, grant with waiver of Rule 4001(a)(3) (without prejudice to any rights that debtor may have under section 365(p)).
Debtor(s):
Juanita Frances Lohran Represented By Timothy McFarlin
Movant(s):
Financial Services Vehicle Trust Represented By
Marjorie M Johnson
10:00 AM
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
10:00 AM
MOVANT: CAPITAL ONE AUTO FINANCE
Docket 11
ZoomGov Appearance by:
11/30/20 - Marjorie Johnson, (951)778-9878
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Christian Ivan Pedroza Valladares Pro Se
Movant(s):
Capital One Auto Finance, a division Represented By
Marjorie M Johnson
10:00 AM
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MOVANT: NEEL HOTELS, LLC.
Docket 11
11/30/20 - James Selth, (310)207-1494
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Rodolfo Cleto Pro Se
Movant(s):
Neel Hotels, LLC Represented By James R Selth
Trustee(s):
Jason M Rund (TR) Pro Se
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, 9-17-19, 1-28-20, 4-14-20, 7-21-20, 8-25-20
Docket 1
ZoomGov Appearance by:
11/30/20 - Michael Flanagan, (818)692-2074 11/30/20 - Michael D'Alba, (310)741-0990
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
2:00 PM
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:
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
2:00 PM
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:
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
2:00 PM
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
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.
9/26/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 28, 2020 at 2:00 p.m. L/D to file updated status report -- January 14, 2020
L/D to complete mediation -- January 28, 2020
L/D to conduct nonexpert fact discovery -- December 30, 2019
L/D to designate experts and exchange expert reports -- December 30, 2019 L/D to conduct expert witness discovery -- February 28, 2020
2:00 PM
12/30/19 -- Court entered scheduling order with following dates:
Cont'd status conference -- April 14, 2020 at 2:00 p.m. L/D to file updated status report -- March 31, 2020
L/D to complete mediation -- April 13, 2020
L/D to conduct nonexpert fact discovery -- March 30, 2020
L/D to designate experts and exchange expert reports -- March 30, 2020 L/D to conduct expert witness discovery -- May 29, 2020
3/25/20 -- Court approved stipulation continuing dates as follows: Cont'd status conference -- July 21, 2020 at 2:00 p.m.
L/D to file updated status report -- July 7, 2020 L/D to complete mediation -- July 21, 2020
L/D to conduct nonexpert fact discovery -- June 30, 2020
L/D to designate experts and exchange expert reports -- June 30, 2020 L/D to conduct expert witness discovery -- August 29, 2020
Tentative Ruling for July 21, 2020:
Discuss with the parties the status of efforts to settle the matter and possible new dates for certain of the deadlines set forth above.
Tentative Ruling for August 25, 2020:
Where are the parties with regard to settlement? Hearing required.
Tentative Ruling for December 1, 2020:
It appears that both parties believe an additional day of mediation may be productive (provided defendant's co-counsel attends). Order parties to complete a second day of mediation with the participation of defendants' co- counsel. Extend deadline for completion of discovery and set date/deadlines for pretrial motions and pretrial conference.
2:00 PM
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price Michael G Flanagan
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, 1-28-20, 6-11-19,
9-17-19,4-14-20 7-21-20, 8-25-20
Docket 1
ZoomGov Appearance by:
11/30/20 - Michael D'Alba, (310)741-0990
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 PM
2:00 p.m. OFF CALENDAR FOR APRIL 4, 2017.
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing 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
2:00 PM
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:
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?
9/26/19 -- Court approved scheduling order vacating discovery cutoff and waiving requirement that status report be filed in connection with January 28, 2020 status conference.
Tentative Ruling for January 28, 2020:
Continue status conference to April 14, 2020 at 2:00 p.m. to coincide with continued status conference in related matter. Parties need not file status report in connection with April status conference. APPEARANCES WAIVED ON JANUARY 28, 2020.
2:00 PM
3/31/20 -- Court approved stipulation continuing hearing to July 21, 2020 at 2:00 p.m. to coincide with status conference in related matter. Parties need not file status report in connection with July status conference.
APPEARANCES WAIVED ON APRIL 14, 2020.
Tentative Ruling for July 21, 2020:
Continue status conference to date of continued status conference for matter no. 200.
Tentative Ruling for August 25, 2020:
Let matter continue to trail matter no. 200.
Tentative Ruling for December 1, 2020:
Revisit status after conclusion of hearing on matter no. 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
2:00 PM
Trustee(s):
Michael G D'Alba Howard Kollitz
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh
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, 12-10-19, 2-25-20, 6-9-20, 7-14-20, 10-20-20
Docket 1
ZoomGov Appearance by:
11/30/20 - Leslie Cohen, (310)394-5900 12/1/20 - Steven Weaver
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.
2:00 PM
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 February 25, 2020:
Revisit status of case after conclusion of hearing on motion to dismiss.
4/10/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to June 17, 2020 and continuing status conference to July 14, 2020 at 2:00 pm. OFF CALENDAR FOR MAY 5, 2020.
Tentative Ruling for July 14, 2020:
According to status report, defendant would like to file motion to withdraw reference. What would the basis of such a motion be? Discuss timing of such a motion with parties.
Continue status conference approximately 90 days and order parties to complete a day of mediation prior to continued status conference.
7/17/20 -- Court approved scheduling order setting following dates:
Cont'd status conference -- October 20, 2020 at 2:00 p.m. L/D to complete mediation -- October 20, 2020
L/D to lodge order appointing mediators -- August 10, 2020 L/D to file joint status report -- October 6, 2020
8/11/20 -- Court approved order appointing mediators.
Tentative Ruling for October 20, 2020:
At request of the parties, continue status conference to December 1, 2020 at 2:00 p.m. No new status report required. OFF CALENDAR FOR OCTOBER 20, 2020.
2:00 PM
Tentative Ruling for December 1, 2020:
Did the parties participate in a mediation on October 19, 2020? If so, what was the outcome? Hearing required.
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 Zev Shechtman
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh
2:00 PM
Adv#: 2:20-01116 Avery v. Premiere Medical Center of Burbank, Inc. et al
fr. 7-14-20, 8-25-20
Docket 1
ZoomGov Appearance by:
11/30/20 - Ian Shelton, (512)721-2714
6/9/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to July 17, 2020 and continuing status conference to August 25, 2020 at 2:00 p.m. OFF CALENDAR FOR JULY 14, 2020.
Tentative Ruling for August 25, 2020:
Discuss with parties procedures for withdrawal of reference when a jury trial has been requested. Discovery cannot await the resolution of that motion. Set discovery cutoff for approximately 120 days.
2:00 PM
8/26/20 -- Court approved scheduling order setting following dates:
Cont'd status conference -- December 1, 2020 at 2:00 p.m. L/D to file joint status report -- November 17, 2020
L/D to complete discovery -- February 26, 2021
Tentative Ruling for December 1, 2020:
Are parties requesting extension of discovery cutoff? Hearing required.
Debtor(s):
Premiere Medical Management Represented By David L Oberg
Defendant(s):
Premiere Medical Center of Represented By Ian S Shelton
Michael D Marsh, M.D. Represented By Ian S Shelton
NHP/PMB Burbank Medical Plaza I Represented By
Lloyd S Mann
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Wesley H Avery Represented By Stephen L Raucher
Trustee(s):
Wesley H Avery (TR) Represented By Daniel R Lahana Stephen L Raucher
2:00 PM
Adv#: 2:19-01518 Goodrich v. Fernandez
fr. 2-25-20, 5-12-20, 6-16-20, 7-14-20, 8-25-20, 9-29-20
Docket 1
At parties' request (in status report), continue status conference to May 12, 2020 at 2:00 p.m. Parties should file updated status report not later than April 28, 2020. APPEARANCES WAIVED ON FEBRUARY 25, 2020.
4/17/20 -- Court approved stipulation continuing defendant's deadline to respond to complaint to May 20, 2020 and continuing status conference to June 16, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 12, 2020.
5/18/20 -- Court approved stipulation extending response date to June 17, 2020 and continuing status conference to July 14, 2020 at 2:00 p.m. OFF
CALENDAR FOR JUNE 16, 2020.
2:00 PM
6/16/20 -- Court approved stipulation extending response date to July 24, 2020 and continuing status conference to AUGUST 25, 2020 at 2:00 p.m.
OFF CALENDAR FOR JULY 14, 2020.
7/31/20 -- Court approved stipulation extending response date to September 22, 2020 and continuing status conference to September 29, 2020 at 2:00
p.m. OFF CALENDAR FOR AUGUST 25, 2020.
Tentative Ruling for September 29, 2020:
Trustee filed motion for approval of compromise on September 18, 2020 using notice and an opportunity for hearing procedure. (Lump sum payment of $60,000 payable within 2 days of signing agreement.) Continue status conference to December 1, 2020 at 2:00 p.m. to permit notice period to expire and court to process motion. APPEARANCES WAIVED ON SEPTEMBER 29, 2020.
10/9/20 -- Court approved compromise (lump sum payment). OFF CALENDAR. ACTION DISMISSED.
Debtor(s):
Raymond A Fernandez Represented By Christie Cronenweth
Defendant(s):
Imelda Merton Fernandez Represented By Shai S Oved
Plaintiff(s):
David M Goodrich Represented By
Alastair M Gesmundo
Trustee(s):
David M Goodrich (TR) Represented By Richard H Golubow
2:00 PM
2:00 PM
Adv#: 2:20-01625 Blixseth v. Blixseth
Docket 1
ZoomGov Appearance by:
11/30/20 - Edra Blixseth, (760-831-1982
Defendant's responses to joint status report are useless. Defendant needs to give substantive responses to questions. In the future, court will treat responses such as those provided by defendant as tantamount to a failure to participate in the preparation of a joint status report.
Why don't the parties want this matter sent to mediation? Set discovery cutoff for late March, 2021 and final status conference for approximately same time frame.
Debtor(s):
Edra D Blixseth Represented By James R Selth
2:00 PM
Defendant(s):
Edra D Blixseth Pro Se
Plaintiff(s):
Timothy L Blixseth Represented By
SAMUEL A. SCHWARTZ
Eben Kurtzman
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:20-01054 Transportation Alliance Bank, Inc. v. Donohue
#206.00 Pretrial Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) Complaint by Transportation Alliance Bank, Inc. against Jeffrey Donohue
fr. 5-12-20, 8-11-20
Docket 1
5/17/20 -- Court approved scheduling order with following dates: Cont'd status conference -- August 11, 2020 at 2:00 p.m.
L/D to file joint status report -- July 28, 2020 L/D to complete discovery -- August 14, 2020
Tentative Ruling for August 11, 2020:
Set deadline for filing pretrial motions and date for pretrial conference. 8/12/20 -- Court approved scheduling order setting following dates:
2:00 PM
Pretrial conference -- December 1, 2020 at 2:00 p.m. L/D to file pretrial motions -- October 30, 2020
L/D to complete discovery (extended) -- September 18, 2020 L/D to lodge pretrial order -- November 17, 2020
10/9/20 -- Court approved stipulated judgment. OFF CALENDAR. MATTER RESOLVED.
Debtor(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Defendant(s):
Jeffrey Donohue Represented By
James D. Hornbuckle
Plaintiff(s):
Transportation Alliance Bank, Inc. Represented By
Matthew J Olson
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 2:20-01134 People Of The State Of California v. Slotkin
fr. 8-4-20
Docket 1
ZoomGov Appearance by:
11/30/20 - Mark Slotkin, (323)701-2275 11/30/20 - Hamid Rafatjoo, (310)871-7589 12/1/20 - Wendy Loo-Smart, (310)753-9852
Tentative Ruling for August 4, 2020:
Where is joint status report that should have been filed two weeks before status conference? Discuss with parties whether complaint needs further amendment to specify facts upon which certain of the claims are based.
Hearing required.
2:00 PM
Final Ruling for August 4, 2020:
Court will strike first and second claims for relief. Continue status conference to December 1, 2020 at 2:00 p.m. Parties should file joint status report by November 17, 2020.
Tentative Ruling for December 1, 2020:
Court has no reason to believe that the underlying bankruptcy case is likely to be dismissed at any point in the near future. Set discovery cutoff for approximately 4 months. Set further status conference for approximately same time frame.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Defendant(s):
Mark Abbey Slotkin Pro Se
Plaintiff(s):
People Of The State Of California Represented By
Wendy A Loo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
2:00 PM
Adv#: 2:20-01142 Southwest Guaranty Investors, Ltd. v. Slotkin
fr. 8-25-20
Docket 1
ZoomGov Appearance by:
11/30/20 - Mark Slotkin, (323)701-2275
Set discovery cutoff and continue status conference for approximately three to four months.
8/28/20 -- Court signed scheduling order setting discovery cutoff for February 26, 2021.
Tentative Ruling for December 1, 2020:
Are parties requesting extension of February discovery cutoff? Hearing required.
2:00 PM
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Defendant(s):
Mark Abbey Slotkin Pro Se
Plaintiff(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
2:00 PM
Adv#: 2:19-01170 Farwell v. Herzstock
Docket 22
Zoomgov Appearance by:
11/23/20 - Zachary Levine, (818)241-7499
Did the parties in fact participate in a mediation on November 19, 2020? Is discovery now complete? Hearing required.
Debtor(s):
Edward J. Herzstock Represented By
J.D. Cuzzolina
Defendant(s):
Edward J. Herzstock Pro Se
Plaintiff(s):
Alec Farwell Represented By
2:00 PM
Trustee(s):
Sarah R Wolk Zachary Levine
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01170 Farwell v. Herzstock
J. Herzstock
fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20, 8-25-20
Docket 1
Zoomgov Appearance by:
11/23/20 - Zachary Levine, (818)241-7499
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?
2:00 PM
Final Ruling for December 3, 2019:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties should file joint status report by February 25, 2020. Parties are to complete a day of mediation by March 10, 2020 and should lodge an order appointing mediators by December 24, 2019. Plaintiff should lodge scheduling order.
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order as instructed at prior status conference. Impose additional sanctions of $250 on counsel for plaintiff and defendant in pro per for failing to lodge an order appointing mediators and complete a day of mediation by March 10, 2020, as directed by the Court. Impose additional sanctions of
$150 on defendant in pro per for failing to participate in preparation of joint status report. Lack of cooperation from defendant does not excuse plaintiff from deadlines established by the Court. These are joint obligations.
Set discovery cutoff for late May, 2020. Set deadline for filing pretrial motions. Order parties AGAIN to conduct mediation. If defendant does not cooperate in selection of mediators, plaintiff should lodge unilateral order appointing mediators. If parties do not complete mediation by new deadline, court will impose additional monetary sanctions of not less than $500. Court does not consider its deadlines to be optional.
3/11/20 -- Court issued scheduling order with the following dates: Cont'd status conference -- June 16, 2020 at 2:00 pm
Discovery cutoff -- May 31, 2020
L/D to file pretrial motions -- June 15, 2020
L/D to lodge order appointing mediators -- March 23, 2020 L/D to complete mediation -- June 16, 2020
Court imposed sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order after last status conference.
Tentative Ruling for June 16, 2020:
2:00 PM
Impose sanctions of $150 on defendant for failing to participate in the preparation of a joint status report. Impose additional $150 in sanctions on defendant for failing to cooperate in the scheduling of mediation. The deadline for filing pretrial motions was June 15, 2020. If defendant has not responded to discovery requests, why hasn't plaintiff filed motion to compel discovery? Hearing required.
Final Ruling for June 16, 2020:
Continue status conference to August 25, 2020 at 2:00 p.m. Parties are to file joint status report. Court will impose monetary sanctions at that time if parties fail to file joint status report in a timely manner or if mediation has not been completed.
Tentative Ruling for August 25, 2020:
Parties have again failed to file joint status report in a timely manner. Impose monetary sanctions of $150 each on counsel for the parties for failing to participate in the preparation of a joint status report. Have the parties completed a day of mediation? If not, impose additional sanctions of $500 each on counsel for the parties and issue OSC why action should not be dismissed for failure to prosecute.
10/5/20 -- Court approved order appointing mediators.
Tentative Ruling for December 1, 2020:
Revisit status of action after conclusion of hearing on matter no. 209.
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
2:00 PM
Trustee(s):
Zachary Levine
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01171 Chasse v. Herzstock
Docket 24
Zoomgov Appearance by:
11/23/20 - Zachary Levine, (818)241-7499
Did the parties in fact participate in a mediation on November 19, 2020? Is discovery now complete? Hearing required.
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
2:00 PM
Trustee(s):
Zachary Levine
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:19-01171 Chasse v. Herzstock
fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20, 8-25-20
Docket 1
Zoomgov Appearance by:
11/23/20 - Zachary Levine, (818)241-7499
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?
2:00 PM
Final Ruling for December 3, 2019:
Continue status conference to March 10, 2020 at 2:00 p.m. Parties should file joint status report by February 25, 2020. Parties are to complete a day of mediation by March 10, 2020 and should lodge an order appointing mediators by December 24, 2019. Plaintiff should lodge scheduling order.
Tentative Ruling for March 10, 2020:
Impose sanctions of $150 on counsel for plaintiff for failing to lodge scheduling order as instructed at prior status conference. Impose additional sanctions of $250 on counsel for plaintiff and defendant in pro per for failing to lodge an order appointing mediators and complete a day of mediation by March 10, 2020, as directed by the Court. Impose additional sanctions of
$150 on defendant in pro per for failing to participate in preparation of joint status report. Lack of cooperation from defendant does not excuse plaintiff from deadlines established by the Court. These are joint obligations.
Set discovery cutoff for late May, 2020. Set deadline for filing pretrial motions. Order parties AGAIN to conduct mediation. If defendant does not cooperate in selection of mediators, plaintiff should lodge unilateral order appointing mediators. If parties do not complete mediation by new deadline, court will impose additional monetary sanctions of not less than $500. Court does not consider its deadlines to be optional.
Tentative Ruling for June 16, 2020:
Impose sanctions of $150 on defendant for failing to participate in the preparation of a joint status report. Impose additional $500 in sanctions on defendant for failing to cooperate in the scheduling of mediation. The deadline for filing pretrial motions was June 15, 2020. If defendant has not responded to discovery requests, why hasn't plaintiff filed motion to compel discovery? Hearing required.
Final Ruling for June 16, 2020:
Continue status conference to August 25, 2020 at 2:00 p.m. Parties are to file joint
2:00 PM
status report. Court will impose monetary sanctions at that time if parties fail to file joint status report in a timely manner or if mediation has not been completed.
Tentative Ruling for August 25, 2020:
Parties have again failed to file joint status report in a timely manner. Impose monetary sanctions of $150 each on counsel for the parties for failing to participate in the preparation of a joint status report. Have the parties completed a day of mediation? If not, impose additional sanctions of $500 each on counsel for the parties and issue OSC why action should not be dismissed for failure to prosecute.
10/5/20 -- Court approved order appointing mediators.
Tentative Ruling for December 1, 2020:
Revisit status of action after conclusion of hearing on matter no. 209.
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#: 2:20-01634 Saber v. Bensamochan et al
Docket 13
ZoomGov Appearance by:
11/30/20 - John Mounier, (415)967-8361
11/30/20 - Joon Khang, (949)419-3834
Grant motion to dismiss. With regard to attorneys for whom the court entered an order approving fees on a final basis, the court can take judicial notice of the entry of the order and such an order cannot be collaterally attacked. A claim of malpractice is barred after fees have been approved on a final basis. With regard to Golden, whose employment was never approved by the court, as the conduct occurred during the course of the chapter 11 administration and prior to the conversion, court agrees that any alleged malpractice would be a claim owned by the debtor's bankruptcy estate and passed to the chapter 7 trustee upon conversion. Therefore, debtor lacks standing to prosecute any such claims. Dismiss claims against the first group of
2:00 PM
attorneys with prejudice. Dismiss claims against Golden without prejudice to the ability of the chapter 7 trustee to prosecute an action, if trustee wishes to do so.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
Defendant(s):
Eric Bensamochan Represented By
Eric Bensamochan
Jeffrey I. Golden Represented By Jeffrey I Golden
Khang & Khang LLP Pro Se
Joon M Khang Pro Se
Judy L. Khang Pro Se
Thomas Sands Pro Se
The Sands Law Group APLC Pro Se
Randy Change Pro Se
The Bensamochan Law Firm Inc Represented By
Eric Bensamochan
Weiland Golden Goodrich LLP Represented By Jeffrey I Golden
Doe 1 through Doe 100 Pro Se
Movant(s):
Eric Bensamochan Represented By
Eric Bensamochan
2:00 PM
Plaintiff(s):
Samuel Michael Saber Pro Se
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
2:00 PM
Adv#: 2:20-01634 Saber v. Bensamochan et al
LLP, et. al. by Samuel Michael Saber fr. 11-17-20
Docket 1
ZoomGov Appearance by:
11/30/20 - John Mounier, (415)967-8361
11/30/20 - Joon Khang, (949)419-3834
Revisit status of action after conclusion of related matter on calendar.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
Defendant(s):
Eric Bensamochan Represented By
2:00 PM
Eric Bensamochan
Jeffrey I. Golden Represented By Jeffrey I Golden
Khang & Khang LLP Pro Se
Joon M Khang Pro Se
Judy L. Khang Pro Se
Thomas Sands Pro Se
The Sands Law Group APLC Pro Se
Randy Change Pro Se
The Bensamochan Law Firm Inc Represented By
Eric Bensamochan
Weiland Golden Goodrich LLP Represented By Jeffrey I Golden
Doe 1 through Doe 100 Pro Se
Plaintiff(s):
Samuel Michael Saber Pro Se
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
2:00 PM
Adv#: 2:20-01126 Pouladian v. Deco Enterprises, Inc. et al
Docket 37
ZoomGov Appearance by:
11/30/20 - Raymond Aver, (310)571-3511
11/30/20 - John Yates, (818)381-5891
11/30/20 - Amy Mousavi, (949)864-9667
Grant motion to dismiss. Court has subject matter jurisdiction over original claims by Pouladian against Deco (for money loaned and credit card advances). Those are core matters. Court has subject matter jursidiction over Deco's counterclaims against Pouladian, as those are assets of the estate and are related to the bankruptcy estate as the outcome of those claims affects not only the amounts that will be allowed, if any, on account of Pouladian's claims against the debtor, but also may result in an affirmative recovery against Pouladian for the benefit of the estate.
2:00 PM
However, the claims that Pouladian seeks to assert with regard to ABS, arguing that Babak and Siamak have breached their fiduciary duties with regard to ABS and that ABS should be dissolved, do not arise out of the same set of facts of occurrences as the claims over with the court has jurisdiction and do not have any effect upon this bankruptcy estate.
Moreover, they are not mandatory counterclaims that must be raised in this action or they will be waived. Deco is not a party to these claims, and any recovery will not increase Pouladian's claims against the estate or result in a recovery for the benefit of Deco. The bankruptcy court lacks subject matter jurisdiction over Pouladian's claims against Siamak, Babak and ABS as they are neither core claims nor within the court's related to or even supplemental jurisdiction. These claims must be dismissed without prejudice.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Defendant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Craig Allen Pro Se
Movant(s):
ABS Capitol LLC Represented By Amy Mousavi
Babak Sinai Represented By
Amy Mousavi
ABS Capitol LLC Pro Se
Babak Sinai Pro Se
ABS Capitol LLC Represented By Amy Mousavi
Babak Sinai Represented By
2:00 PM
Amy Mousavi
ABS Capitol LLC Represented By Amy Mousavi
Babak Sinai Represented By
Amy Mousavi
Plaintiff(s):
Benjamin Pouladian Represented By John R Yates
2:00 PM
Adv#: 2:20-01126 Pouladian v. Deco Enterprises, Inc. et al
Docket 42
ZoomGov Appearance by:
11/30/20 - Raymond Aver, (310)571-3511
11/30/20 - John Yates, (818)381-5891
11/30/20 - Amy Mousavi, (949)864-9667
Deny. Movant has failed to make the showing necessary to entitle him to injunctive relief. He has not established the likelihood of success on the merits or that money damages would be an inadequate remedy, but, more fundamentally, the court cannot grant the requested relief as it lacks subject matter jurisdiction over the underlying claims. (See tentative ruling for matter no. 214.) This is not the appropriate jurisdiction for the resolution of disputes among equityholders in ABS.
2:00 PM
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Defendant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Craig Allen Pro Se
Movant(s):
Pouladian Family Trust Represented By John R Yates
Plaintiff(s):
Benjamin Pouladian Represented By John R Yates
2:00 PM
Adv#: 2:20-01126 Pouladian v. Deco Enterprises, Inc. et al
fr. 7-14-20, 9-1-20, 11-3-20
Docket 1
ZoomGov Appearance by:
11/30/20 - Raymond Aver, (310)571-3511
11/30/20 - John Yates, (818)381-5891
11/30/20 - Amy Mousavi, (949)864-9667
According to the parties' status report, a mediation must be completed in a related LASC action by July 31, 2020. Have the parties scheduled a mediation date? Hearing required.
7/21/20 -- Court approved scheduling order with following dates:
2:00 PM
L/D for Edith Pouladian to file and serve response to cross-complaint -- August 4, 2020
L/D for plaintiff to file and serve opposition to motion to dismiss (if response is a motion to dismiss) -- August 18, 2020
L/D for Edith Pouladian to file and serve reply to any such opposition -- August 25, 2020
Contined status conference and hearing on any motion to dismiss -- September 1, 2020 at 2:00 p.m.
Tentative Ruling for September 1, 2020:
What is the status of this matter? Set deadline for filing of responses to first amended cross-complaint. How long do the parties anticipate it will take to conduct discovery? Hearing required.
9/2/20 -- Court signed scheduling order with following dates:
L/D for cross-complainants to file second amended cross-comlaint -- 9/11/20 L/D to file joint status report -- October 20, 2020
Cont'd status conference -- November 3, 2020 at 2:00 p.m.
Tentative Ruling for November 3, 2020:
Where is joint status report that should have been filed by October 20, 2020? How much time do the parties need to conduct discovery? Is this an appropriate matter to be sent to an early mediation? Hearing required.
Tentative Ruling for December 1, 2020:
If court grants motion to dismiss (number 214), the number of claims asserted in this adversary proceeding will be reduced and the parties' responses to the questions posed in the status report may be different. Continue status conference approximately 60 to 90 days and require parties to file an updated status report. (The parties should respond to all questions raised by the status report.)
2:00 PM
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Defendant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Craig Allen Pro Se
Plaintiff(s):
Benjamin Pouladian Represented By John R Yates
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Docket 10
Zoomgov Appearance by:
Court has reviewed response to OSC and is satsified. Court will prepare order vacating OSC. APPEARANCES WAIVED.
Debtor(s):
Lulu Jacome Represented By
Steven A Alpert
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Approving Short Sale of Real Property of the Estate Free and Clear of Liens Pursuant to Bankruptcy Code §§363(b) & 363(f);
Approving Payment of Real Estate Commissions
Granting Related Reliefs
Docket 57
Zoomgov Appearance by:
12/1/20 - Jan Neiman, (818)516-3779
12/1/20 - Adam Greely, (949)851-9001
12/1/20 - Toan Chung, (323)724-3117
12/1/20 - Elisa Brente, (541)390-3844 12/1/20 - Cameron Fair
12/1/20 - Barbara Marcus, (310)466-5676
10:00 AM
Grant motion. Approve sale free and clear of liens with the liens to attach to the net proceeds of sale with the same validity and priority that they had as against the property.
Debtor(s):
Raymond Earl Mattox Jr Represented By Elaine Nguyen
Joint Debtor(s):
Porsche Elizabeth Mattox Represented By Elaine Nguyen
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Docket 23
Zoomgov Appearance by:
12/1/20 - Eryk Escobar, (202)934-4168 12/2/20 - Onyinye Anyama (562)645-4500
Grant motion. Value property at $880,000 for plan purposes.
Debtor(s):
Global Acquisitions Holding Group, Represented By
Onyinye N Anyama
10:00 AM
Docket 1
Zoomgov Appearance by:
12/1/20 - Eryk Escobar, (202)934-4168 12/2/20 - Onyinye Anyama (562)645-4500
11/24/20 -- Court signed scheduling order setting following dates:
L/D to serve bar date notice -- November 23, 2020 Bar date -- December 31, 2020
Cont'd status conference -- December 2, 2020 at 10:00 (no status report required)
Tentative Ruling for December 2, 2020:
Set deadline for filing plan of reorganization and continue status conference to date that can serve as date of hearing on disclosure statement.
10:00 AM
Debtor(s):
Global Acquisitions Holding Group, Represented By
Onyinye N Anyama
10:00 AM
Approving Trustee's Proposed Sale Of Real Property Located At 444 North H Street, San Bernardino, California, Free And Clear Of Liens
Authorizing Trustee To Pay Real Estate Brokerage Commissions
Finding That The Buyer Is A Good Faith Purchaser
Waiving The 14-Day Stay
Docket 66
Zoomgov Appearance by:
11/24/20 - Christopher Minier, (949)851-7450 12/1/20 - John Tedford, (310)923-0798
12/1/20 - Jason Rund, (310)640-1200
12/1/20 - Rocky Moran, (949)300-5817
12/1/20 - Pin Hsu
10:00 AM
12/1/20 - Donn Yu, (714)267-7777
12/1/20 - Kenneth Lau, (818)794-7430
Grant motion. Approve sale to highest bidder free and clear of liens with the liens to attach to the net sales proceeds with the same validity and priority as they had with regard to the property.
Debtor(s):
Valley Equities, LLC Represented By
Richard L. Sturdevant Brad Krasnoff
Trustee(s):
Jason M Rund (TR) Represented By
John N Tedford IV
10:00 AM
fr. 9-30-20
Docket 115
Zoomgov Appearance by:
12/1/20 - Kenneth Lau, (818)794-7430
12/2/20 - David Jacob, (213)293-5931 12/2/20 - Rommy Shy
Tentative Ruling for September 30, 2020:
If debtor files nonfrivolous motion to sell property by September 25, 2020, continue hearing to date of hearing on motion for authority to sell property (Debtor noticed it for December 2, 2020 at 10:00 a.m., but why does the hearing need to be two months away?) (Motion to conduct auction with release price at or near debtor's appraised value for the property will not suffice.) If debtor fails to file nonfrivolous motion for authority to sell by deadline established by the court for this purpose, convert case to chapter 7.
10:00 AM
Debtor filed a sale motion on September 25, 2020 that is confusing to say the least. On the one hand, it says that the sale will NOT be free and clear of the Excepted Items, which include the secured claims of SPS, BOBS and JWR. Later in the motion, it appears that the intention of the debtor is to pay at least the undisputed portion (or the entirety) of SPS's claim out of escrow and to have the secured claim of BOBS (whatever that might be) attach to the proceeds of sale. This doesn't make sense.
Either the liens should be paid in full out of escrow (in which event there is no need to sell "free and clear" of the liens) or the sale should be free and clear of the liens with the liens to attach to the proceeds of sale with the same validity, priority, etc. (Or the undisputed portion could be paid out of escrow with the remainder of the liens to attach to the sale proceeds, but, in that event, the sale should still be free and clear of the liens.) Otherwise, the sale would be "subject to" the liens and the buyer is not going to pay more than
$23,000,000 to be subject to either the lien of SPS or BOBS both of which are in default. The property would immediately be lost to foreclosure if the buyer did not pay these liens off or enter into new arrangements with the lenders.
What is the debtor trying to say?
Final Ruling for September 30, 2020:
Debtor is selling subject to the excepted liens and free and clear of the nonexcepted liens, with the liens to attach to the net proceeds of sale. Debtor intends to pay the undisputed portions. There is a 60-day due diligence period.
Continue hearing to December 2, 2020 at 10:00 a.m. to coincide with date of hearing on proposed sale.
Tentative Ruling for December 2, 2020:
Revisit OSC after conclusion of related matters on calendar.
10:00 AM
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
10:00 AM
fr. 8-4-20, 9-30-20
Docket 81
Zoomgov Appearance by:
12/1/20 - Kenneth Lau, (818)794-7430
12/2/20 - David Jacob, (213)293-5931 12/2/20 - Rommy Shy
Tentative Ruling for August 4, 2020:
The Court has been closely monitoring the debtor's progress with regard to a sale of the property in this case and will continue to do so. This case was filed on February 12, 2020 and, within approximately a month, reality changed dramatically. Debtor may be excused for the fact that vigorous marketing efforts did not begin and yield fruit immediately; however, the Court's patience and understanding is limited. At some point in the very near future, the Court will begin to share the movant's frustration with the pace at which the debtor
10:00 AM
has marketed this property and will reach the conclusion that the debtor is indeed trying simply to retain his luxury lifestyle at no cost for as long as possible.
At this point, the Court is not yet ready to conclude that the case was filed in bad faith, but the proof will be "in the pudding." Continue hearing 60 to 90 days to see whether the debtor complies with the deadline that the court has established for the filing of a motion to sell the property.
Final Ruling for August 4, 2020:
Continue hearing to September 30, 2020 at 11:00 a.m. No new briefing required or permitted.
Tentative Ruling for September 30, 2020:
If debtor files nonfrivolous motion to sell property by September 25, 2020, continue hearing to date of hearing on motion for authority to sell property. (Motion to conduct auction with release price at or near debtor's appraised value for the property will not suffice.) If debtor fails to file nonfrivolous motion for authority to sell by deadline established by the court for this purpose, revisit motion after conclusion of hearing on court's order to show cause.
Tentative Ruling for December 2, 2020:
Revisit motion after conclusion of hearing on sale motion.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
Movant(s):
BOBS LLC Represented By
David Jacob
10:00 AM
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
Approving Bidding Procedures
Finding That The Buyer Is A Good Faith Purchaser
Authorizing And Approving The Payment Of Certain Claims From Sale Proceeds
Waiving The Fourteen-Day Stay Period Set Forth In Bankruptcy Rule 6004(h)
Providing Related Relief
Docket 118
Zoomgov Appearance by:
12/1/20 - Kenneth Lau, (818)794-7430
12/2/20 - David Jacob, (213)293-5931 12/2/20 - Rommy Shy
10:00 AM
Grant motion. Approve sale to highest bidder.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
10:00 AM
MOVANT: BOBS, LLC. fr. 8-4-20, 9-30-20
Docket 80
Zoomgov Appearance by:
12/1/20 - Kenneth Lau, (818)794-7430
12/2/20 - David Jacob, (213)293-5931 12/2/20 - Rommy Shy
Tentative Ruling for August 4, 2020:
Grant motion to disqualify Rommy Shy as an expert witness. He may be qualified to perform an appraisal of the property, but he has not demonstrated that with the information contained in his declaration. With regard to the second argument advanced in the motion to strike -- that he should be
10:00 AM
disqualified because of his economic stake in the outcome -- the court recognizes that there is a difference between hiring a supposedly independent expert and then compensating that expert on a contingency basis and letting a party in interest who has the requisite expertise offer expert testimony. Court would not necessarily exclude testimony in the latter instance, but the existence of incentive and bias would certainly cause the court to take the incentives of the declarant into consideration in weighing the validity/accuracy of the testimony.
In light of the foregoing, the only admissible evidence currently in the record as to the value of the property is that supplied by the debtor -- an appraisal showing the value of the property at $26 million. There is no evidence that the property is declining in value, so, at present, the movant has not established that it is entitled to relief from stay under either section 362(d)(1) for lack of adequate protection or under section 362(d)(2).
However, as the court has previously explained, particularly in light of the limited resources that the debtor has to maintain the property pending the consummation of a sale, the property needs to be sold promptly. And the court will have an opportunity in connection with the sale process to determine whether the debtor's valuation is accurate. Toward this end, the Court entered a scheduling order on June 23, 2020, directing the debtor to file a motion to approve a sale of the property not later than September 25, 2020. (An order approving real estate brokers was entered on July 28, 2020.)
Based on this record, if the Court were to rule on the motion now, it would deny the motion without prejudice, but, if movant would prefer, court will continue hearing for approximately 60 to 90 days to see whether the debtor moves forward promptly with a sale of the property or whether relief from stay should be granted to prevent the debtor from further delaying this process. (See tentative ruling for matter number 7 for court's tentative ruling with regard to contention that relief from stay should be granted because case was filed in bad faith.)
Final Ruling for August 4, 2020:
Continue hearing to September 30, 2020 at 11:00 a.m. No new briefing
10:00 AM
required or permitted.
Tentative Ruling for September 30, 2020:
If debtor files nonfrivolous motion to sell property by September 25, 2020, continue hearing to date of hearing on motion for authority to sell property. (Motion to conduct auction with release price at or near debtor's appraised value for the property will not suffice.) If debtor fails to file nonfrivolous motion for authority to sell by deadline established by the court for this purpose, grant motion.
Tentative Ruling for December 2, 2020:
If court grants sale motion, deny motion for relief from stay.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
Movant(s):
BOBS LLC Represented By
David Jacob
10:00 AM
Docket 1
Zoomgov Appearance by:
12/1/20 - Kenneth Lau, (818)794-7430
12/2/20 - David Jacob, (213)293-5931 12/2/20 - Rommy Shy
Continue case status conference to April 2, 2020 at 10:00 to be heard concurrently with final hearing on interim financing. OFF CALENDAR FOR APRIL 1, 2020. NO APPEARANCE REQUIRED.
4/3/20 -- Court approved scheduling order setting following dates: L/D for debtor to serve notice of bar date -- April 10, 2020
Bar date -- June 8, 2020
Cont'd status conference -- June 17, 2020 at 11:00 a.m. L/D to file updated status report -- June 12, 2020.
10:00 AM
Tentative Ruling for June 17, 2020:
Debtor's game plan is to sell real property and then do structured dismissal. Debtor does not believe it necessary to set a deadlne for filing a plan. Therefore, set a deadline for debtor to file sale motion instead.
6/23/20 -- Court approved scheduling order setting following dates: L/D for debtor to file motion to approve sale of debtor's real property --
September 25, 2020
Cont'd status conference -- September 30, 2020 at 11:00 a.m. L/D to file updated status report -- September 18, 2020
Tentative Ruling for September 30, 2020:
Revisit status of case after conclusion of hearings on related motions.
Tentative Ruling for December 2, 2020:
Discuss with debtor plans for future of this case if/when sale of property closes. Hearing required.
Debtor(s):
Gennady Moshkovich Represented By David B Golubchik Todd M Arnold
10:00 AM
Adv#: 2:20-01672 Miller v. SLOTKIN DEFECTIVE TRUST OF DECEMBER 14, 2012 et al
[OST]
Docket 3
Zoomgov Appearance by: 12/1/20 - Elissa Miller
12/1/20 - Robyn Sokol, (818)827-9108
12/1/20 - Luke Eaton, (213)928-9838
The trustee has filed a complaint seeking to have the assets held by the various trusts that the debtor established (the "Assets") declared to be assets of this bankruptcy estate under various theories and to have the Assets turned over to the trustee for administration. Claim 1 seeks a judgment that the Assets are property of the estate. Claims 2 through 6 seek to avoid transfers that formed the 2010 and 2012 trusts and the removal of the debtor as trustee of the 1997 trust.
10:00 AM
The Court agrees that the trustee has made the showing necessary to entitle her to a temporary restraining order on these facts. The debtor has at all times acted as the owner of the trusts and the Assets. The Assets were used to pay the debtor's living expenses and the debtor made all decisions with regard to the Trusts and the Assets. And the facts and circumstances that accompanied the creation of the 2010 and 2012 trusts strongly suggest that they were created for an improper purpose -- to hinder, delay and defraud the debtor's creditors. Court agrees that the facts of this case closely resemble those of In re Schwarzkopf, 626 F.3d 1032 (9th Cir. 2010). Under Schwarzkopf, the statute of limitations on the trustee's attempt to bring the Assets into the estate on the theory that the debtor is the equitable owner of the Assets has not even begun to run. Court believes that the trustee has demonstrated a strong likelihood that she will prevail on the merits of her claims to have the Assets brought back into the debtor's bankruptcy estate.
Debtor's post-petition conduct in continuing his efforts to dispose of Assets to third parties and to hide or dissipate the proceeds generated thereby demonstrates the likelihood of irreparable harm to the estate if injunctive relief is not granted. And the balance of the harms/equities and the public interest weigh in favor of maintaining the status quo so that the value of these assets may be preserved while this litigation proceeds.
Grant motion. Issue temporary restraining order prohibiting the debtor, the trusts and the LLC's from transferring, encumbering or dissipating or disposing of the Assets or any proceeds generated thereby or attributable thereto. Set date and briefing schedule for hearing on preliminary injunction.
12/1/20 -- Court approved stipulated temporary restraining order that sets hearing on OSC for January 26, 2021 at 2:00 p.m. APPEARANCES WAIVED ON DECEMBER 2, 2020.
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
10:00 AM
Defendant(s):
Robert Mayman Pro Se
MARK ABBEY SLOTKIN Pro Se
748 DETROIT MANOR LLC Pro Se
14257 CHANDLER MANOR LLC Pro Se
17841 PALORA MANOR LLC Pro Se
TO BE NAMED TRUSTEE OF Pro Se
TO BE NAMED TRUSTEE OF Pro Se
TO BE NAMED TRUSTEE OF Pro Se LOREN MARKEN AS TRUSTEE Pro Se LOREN MARKEN AS TRUSTEE Pro Se LOREN MARKEN AS TRUSTEE Pro Se SAVANNAH SLOTKIN Pro Se
INTENTIONALLY DEFECTIVE Pro Se SLOTKIN DEFECTIVE TRUST OF Pro Se SLOTKIN DEFECTIVE TRUST OF Pro Se
Plaintiff(s):
Elissa Miller Represented By
Robyn B Sokol
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
MOVANT: US BANK NATIONAL ASSOCIATION fr. 8-11-20, 10-20-20
Docket 38
ZoomGov Appearance by:
7/27/20 -- Court approved stipulation continuing hearing to October 20, 2020 at 10:00 a.m. OFF CALENDAR FOR AUGUST 11, 2020.
10/6/20 -- Court approved stipulation continuing hearing to December 8, 2020 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 20, 2020.
11/30/20 -- Court approved stipulation continuing hearing to February 9, 2021 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 8, 2020.
10:00 AM
Debtor(s):
Kyle Henry Walkenhorst Represented By Michael E Clark
Movant(s):
U.S. Bank National Association Represented By Sean C Ferry Byron B Mauss
Trustee(s):
Carolyn A Dye (TR) Represented By Rosendo Gonzalez
10:00 AM
MOVANT: ALBERT ISSACO C/O SUTTER HILL INVESTMENTS fr. 9-29-20, 10-20-20
Docket 44
ZoomGov Appearance by:
9/11/20 -- Court approved stipulation continuing hearing to October 20, 2020 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 29, 2020.
10/6/20 -- Court approved stipulation continuing hearing to December 8, 2020 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 20, 2020.
11/30/20 -- Court approved stipulation continuing hearing to February 9, 2021 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 8, 2020.
10:00 AM
Debtor(s):
Kyle Henry Walkenhorst Represented By Michael E Clark
Movant(s):
ALBERT ISSACO c/o Sutter Hill Represented By
Edward G Schloss
Trustee(s):
Carolyn A Dye (TR) Represented By Rosendo Gonzalez
10:00 AM
VIN# JTMDJREV5HD118217
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 9
ZoomGov Appearance by:
12/4/20 - Kirsten Martinez, (925)660-9895
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Dana Paulette Goland Represented By
Misty A Perry Isaacson
Movant(s):
TOYOTA MOTOR CREDIT Represented By Austin P Nagel
10:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
VIN# 5YFBURHE7JP786730
MOVANT: TOYOTA MOTOR CREDIT CORPORATION
Docket 11
ZoomGov Appearance by:
12/4/20 - Kirsten Martinez, (925)660-9895
Grant without waiver of Rule 4001(a)(3).
Debtor(s):
Mario Augusto Avila Represented By James G. Beirne
Movant(s):
TOYOTA MOTOR CREDIT Represented By Austin P Nagel
10:00 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
VIN# JTJAARBZ4L5006289 MOVANT: TOYOTA LEASE TRUST
Docket 8
ZoomGov Appearance by:
12/4/20 - Kirsten Martinez, (925)660-9895
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Alexander Rafael Ramirez Represented By Daniel F Jimenez
Movant(s):
Toyota Lease Trust, as serviced by Represented By
Austin P Nagel Kirsten Martinez
10:00 AM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
VIN# JTHBA1D25H5057962 MOVANT: TOYOTA LEASE TRUST
Docket 9
ZoomGov Appearance by:
12/4/20 - Kirsten Martinez, (925)660-9895
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Alexander Rafael Ramirez Represented By Daniel F Jimenez
Movant(s):
Toyota Lease Trust, as serviced by Represented By
Austin P Nagel Kirsten Martinez
10:00 AM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
VIN# 1GYKNCRSXKZ267980 MOVANT: ACAR LEASING LTD
Docket 16
ZoomGov Appearance by:
12/4/20- Sheryl Ith, (714)341-1029
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Susan Mattern Represented By Sam Tabibian
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Sheryl K Ith
10:00 AM
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
VIN # JTDKBRFU1H3551727 MOVANT: TOYOTA LEASE TRUST
Docket 251
ZoomGov Appearance by:
12/4/20 - Kirsten Martinez, (925)660-9895
Grant with waiver of Rule 4001(a)(3).
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Movant(s):
Toyota Lease Trust, as serviced by Represented By
Austin P Nagel
2:00 PM
Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee
fr. 9-17-19, 10-1-19, 11-5-19, 1-28-20, 4-14-20, 5-12-20, 7-21-20, 10-20-20
Docket 1
ZoomGov Appearance by:
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.
2:00 PM
11/13/19 -- Court entered order granting motion to dismiss second claim for relief (523(a)(4)) without leave to amend and granting with regard to claims under section 523(a)(2)(A) and 523(a)(6) with leave to amend. Amended complaint must be filed and served by November 26, 2019. Defendant shall file and serve response not later than January 7, 2020.
Tentative Ruling for January 28, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
3/24/20 -- Court approved stipulation continuing status conference to May 12, 2020 at 2:00 p.m. OFF CALENDAR FOR APRIL 14, 2020.
Tentative Ruling for May 12, 2020:
Revisit status of action after conclusion of hearing on motion to dismiss.
Tentative Ruling for July 21, 2020:
Explain to defendant that, even if he plans to represent himself, he must cooperate in the information exchange required by Rule 7026 and must participate in the preparation of joint status reports. Continue status conference approximately 90 to 120 days and require parties to complete a day of mediation prior to date of continued status conference.
7/27/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- October 20, 2020 at 2:00 p.m.
L/D to file joint status report -- October 6, 2020 L/D to complete mediation -- October 20, 2020
L/D to lodge order appointing mediator -- August 10, 2020
8/11/20 -- Court extended deadline for lodging order selecting mediators to August 24, 2020.
Tentative Ruling for October 20, 2020:
2:00 PM
At request of parties in light of settlement, continue status conference to December 8, 2020 at 2:00 p.m. Parties should file updated status report not later than November 24, 2020 if matter has not been dismissed by then. OFF CALENDAR FOR OCTOBER 20, 2020.
11/24/20 -- Court approved stipulation dismissing action. OFF CALENDAR. NO APPEARANCE REQUIRED.
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#: 2:20-01170 Chang et al v. Jonamerica, LLC
fr. 10-6-20
Docket 1
ZoomGov Appearance by:
9/29/20 -- Court approved stipulation continuing hearing to December 8, 2020 at 2:00 p.m. and orders approving appointment of mediator and procedures for compensating mediator. OFF CALENDAR FOR OCTOBER 6, 2020. NO APPEARANCE REQUIRED.
OFF CALENDAR. ACTION HAS BEEN VOLUNTARILY DISMISSED BY PLAINTIFF.
Debtor(s):
Jonas Chang Represented By
Chris T Nguyen
2:00 PM
Defendant(s):
Jonamerica, LLC Pro Se
Joint Debtor(s):
Christy Chang Represented By Chris T Nguyen
Plaintiff(s):
Jonas Chang Represented By
Jay Norton Chris T Nguyen
Christy Chang Represented By Jay Norton Chris T Nguyen
Trustee(s):
Carolyn A Dye (TR) Represented By Alan I Nahmias
2:00 PM
Adv#: 2:20-01157 Yoo v. Morga et al
fr. 9-15-20, 10-20-20
Docket 1
ZoomGov Appearance by:
12/4/20 - Carmela Pagay, (310)229-1234
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.
9/11/20 -- Court approved stipulation continuing deadline to respond to complaint to September 14, 2020 and continuing status conference to October 20, 2020 at 2:00 p.m. OFF
CALENDAR FOR SEPTEMBER 15, 2020.
Tentative Ruling for October 20, 2020:
At request of parties, continue status conference to December 8, 2020 at 2:00
p.m. Parties should file updated status report not later than November 24,
2:00 PM
2020 if matter has not been dismissed by then. OFF CALENDAR FOR OCTOBER 20, 2020.
Tentative Ruling for December 9, 2020:
At request of parties, continue status conference to February 9, 2021 at 2:00
p.m. Parties should file updated status report not later than January 26, 2021 if matter has not been dismissed by then. OFF CALENDAR FOR DECEMBER 9, 2020.
Debtor(s):
Juanita Frances Lohran Represented By Timothy McFarlin
Defendant(s):
Teresa Ann Morga Pro Se
Juanita Frances Lohran Pro Se
Plaintiff(s):
Timothy J Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Adv#: 2:20-01159 Yoo v. Kreimann et al
Complaint by Timothy J Yoo against Max Kreimann, Juanita Frances Lohran fr. 9-15-20, 10-20-20
Docket 1
ZoomGov Appearance by:
12/4/20 - Carmela Pagay, (310)229-1234
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.
9/11/20 -- Court approved stipulation continuing deadline to respond to complaint to September 14, 2020 and continuing status conference to October 20, 2020 at 2:00 p.m. OFF
CALENDAR FOR SEPTEMBER 15, 2020.
Tentative Ruling for October 20, 2020:
At request of parties, continue status conference to December 8, 2020 at 2:00
p.m. Parties should file updated status report not later than November 24, 2020 if matter has not been dismissed by then. OFF CALENDAR FOR
2:00 PM
OCTOBER 20, 2020.
Tentative Ruling for December 9, 2020:
At request of parties, continue status conference to February 9, 2021 at 2:00
p.m. Parties should file updated status report not later than January 26, 2021 if matter has not been dismissed by then. OFF CALENDAR FOR DECEMBER 9, 2020.
Debtor(s):
Juanita Frances Lohran Represented By Timothy McFarlin
Defendant(s):
Max Kreimann Pro Se
Juanita Frances Lohran Pro Se
Max Kreimann as Trustee of the Pro Se
Plaintiff(s):
Timothy J Yoo Represented By Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
11:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
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NONE LISTED -
NONE LISTED -
11:00 AM
#100.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Mark Slotkin and Request for Sanctions in the Amount of
$29,778.50 fr. 11-4-20
Docket 130
ZoomGov Appearance by:
12/3/20 - Hamid Rafatjoo, (310)871-7589 12/3/20 - Luke Eaton, (213)928-9838
12/3/20 - Jeffrey Goldman, (949)567-3547 12/7/20 - Mark Slotkin, (323)701-2275
Tentative Ruling from November 4, 2020:
Grant motion insofar as it seeks to compel Slotkin to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or
11:00 AM
authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Final Ruling for November 4, 2020:
Enter interim order directing debtor to produce specific missing items by November 25, 2020. Movant should file 1 or more supplemental declarations with timesheets and breakdown by entities not later than November 20, 2020. Any supplemental opposition must be filed and served by December 2, 2020. Set continued hearing for December 9, 2020 at 11:00 a.m. (Court entered interim order on November 9, 2020.)
Tentative Ruling for December 9, 2020:
Court has reviewed supplemental declarations. Response to supplemental declarations is argument, not evidence. Movant has provided detailed timesheets setting forth time spent. Even if court were prepared to find at this juncture (which it is not yet in a position to do) that respondent has now produced all documents requested, movant would be entitled to the attorneys' fees and costs that it was required to incur to get to this point. Enter orders awarding sanctions as against each of the seven respondents of $3,500 for the Troutman Pepper firm and $1,138.14 for Raines Feldman.
Has movant had an opportunity to determine the extent to which it has now received all documents that it requested?
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
11:00 AM
Trustee(s):
Hamid R Rafatjoo
Elissa Miller (TR) Represented By Robyn B Sokol
11:00 AM
#101.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by 8777 Appian Way, LLC and Request for Sanctions in the Amount of $29,778.50
fr. 11-4-20
Docket 133
ZoomGov Appearance by:
12/3/20 - Hamid Rafatjoo, (310)871-7589 12/3/20 - Luke Eaton, (213)928-9838
12/3/20 - Jeffrey Goldman, (949)567-3547 12/7/20 - Mark Slotkin, (323)701-2275
Tentative Ruling for November 4, 2020:
Grant motion insofar as it seeks to compel Appian Way to produce documents without withholding any documents on the ground of privilege, as
11:00 AM
objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Final Ruling for November 4, 2020:
Enter interim order directing respondent to produce specific missing items by November 25, 2020. Movant should file 1 or more supplemental declarations with timesheets and breakdown by entities not later than November 20, 2020. Any supplemental opposition must be filed and served by December 2, 2020. Set continued hearing for December 9, 2020 at 11:00 a.m. (Court entered interim order on November 9, 2020.)
Tentative Ruling for December 9, 2020:
Court has reviewed supplemental declarations. Response to supplemental declarations is argument, not evidence. Movant has provided detailed timesheets setting forth time spent. Even if court were prepared to find at this juncture (which it is not yet in a position to do) that respondent has now produced all documents requested, movant would be entitled to the attorneys' fees and costs that it was required to incur to get to this point. Enter orders awarding sanctions as against each of the seven respondents of $3,500 for the Troutman Pepper firm and $1,138.14 for Raines Feldman.
Has movant had an opportunity to determine the extent to which it has now received all documents that it requested?
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
11:00 AM
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
Hamid R Rafatjoo
Trustee(s):
Elissa Miller (TR) Represented By Robyn B Sokol
11:00 AM
#102.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Antiquarian Traders, Inc. and Request for Sanctions in the Amount of $29,778.50
fr. 11-4-20
Docket 136
ZoomGov Appearance by:
12/3/20 - Hamid Rafatjoo, (310)871-7589 12/3/20 - Luke Eaton, (213)928-9838
12/3/20 - Jeffrey Goldman, (949)567-3547 12/7/20 - Mark Slotkin, (323)701-2275
Tentative Ruling for November 4, 2020:
Grant motion insofar as it seeks to compel Antiquarian Traders to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has
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no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Final Ruling for November 4, 2020:
Enter interim order directing respondent to produce specific missing items by November 25, 2020. Movant should file 1 or more supplemental declarations with timesheets and breakdown by entities not later than November 20, 2020. Any supplemental opposition must be filed and served by December 2, 2020. Set continued hearing for December 9, 2020 at 11:00 a.m. (Court entered interim order on November 9, 2020.)
Tentative Ruling for December 9, 2020:
Court has reviewed supplemental declarations. Response to supplemental declarations is argument, not evidence. Movant has provided detailed timesheets setting forth time spent. Even if court were prepared to find at this juncture (which it is not yet in a position to do) that respondent has now produced all documents requested, movant would be entitled to the attorneys' fees and costs that it was required to incur to get to this point. Enter orders awarding sanctions as against each of the seven respondents of $3,500 for the Troutman Pepper firm and $1,138.14 for Raines Feldman.
Has movant had an opportunity to determine the extent to which it has now received all documents that it requested?
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
11:00 AM
Trustee(s):
Hamid R Rafatjoo
Elissa Miller (TR) Represented By Robyn B Sokol
11:00 AM
#103.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Breakfront, LLC and Request for Sanctions in the Amount of
$29,778.50 fr. 11-4-20
Docket 139
ZoomGov Appearance by:
12/3/20 - Hamid Rafatjoo, (310)871-7589 12/3/20 - Luke Eaton, (213)928-9838
12/3/20 - Jeffrey Goldman, (949)567-3547 12/7/20 - Mark Slotkin, (323)701-2275
Tentative Ruling for November 4, 2020:
Grant motion insofar as it seeks to compel Breakfront to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or
11:00 AM
authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Final Ruling for November 4, 2020:
Enter interim order directing respondent to produce specific missing items by November 25, 2020. Movant should file 1 or more supplemental declarations with timesheets and breakdown by entities not later than November 20, 2020. Any supplemental opposition must be filed and served by December 2, 2020. Set continued hearing for December 9, 2020 at 11:00 a.m. (Court entered interim order on November 9, 2020.)
Tentative Ruling for December 9, 2020:
Court has reviewed supplemental declarations. Response to supplemental declarations is argument, not evidence. Movant has provided detailed timesheets setting forth time spent. Even if court were prepared to find at this juncture (which it is not yet in a position to do) that respondent has now produced all documents requested, movant would be entitled to the attorneys' fees and costs that it was required to incur to get to this point. Enter orders awarding sanctions as against each of the seven respondents of $3,500 for the Troutman Pepper firm and $1,138.14 for Raines Feldman.
Has movant had an opportunity to determine the extent to which it has now received all documents that it requested?
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
11:00 AM
Trustee(s):
Hamid R Rafatjoo
Elissa Miller (TR) Represented By Robyn B Sokol
11:00 AM
#104.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Clover Industrial Properties, LLC and Request for Sanctions in the Amount of $29,778.50
fr. 11-4-20
Docket 142
ZoomGov Appearance by:
12/3/20 - Hamid Rafatjoo, (310)871-7589 12/3/20 - Luke Eaton, (213)928-9838
12/3/20 - Jeffrey Goldman, (949)567-3547 12/7/20 - Mark Slotkin, (323)701-2275
Tentative Ruling for November 4, 2020:
Grant motion insofar as it seeks to compel Clover to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or
11:00 AM
authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Final Ruling for November 4, 2020:
Enter interim order directing respondent to produce specific missing items by November 25, 2020. Movant should file 1 or more supplemental declarations with timesheets and breakdown by entities not later than November 20, 2020. Any supplemental opposition must be filed and served by December 2, 2020. Set continued hearing for December 9, 2020 at 11:00 a.m. (Court entered interim order on November 9, 2020.)
Tentative Ruling for December 9, 2020:
Court has reviewed supplemental declarations. Response to supplemental declarations is argument, not evidence. Movant has provided detailed timesheets setting forth time spent. Even if court were prepared to find at this juncture (which it is not yet in a position to do) that respondent has now produced all documents requested, movant would be entitled to the attorneys' fees and costs that it was required to incur to get to this point. Enter orders awarding sanctions as against each of the seven respondents of $3,500 for the Troutman Pepper firm and $1,138.14 for Raines Feldman.
Has movant had an opportunity to determine the extent to which it has now received all documents that it requested?
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
11:00 AM
Trustee(s):
Hamid R Rafatjoo
Elissa Miller (TR) Represented By Robyn B Sokol
11:00 AM
#105.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Golden Oak Partners, LLC and Request for Sanctions in the Amount of $29,778.50
fr. 11-4-20
Docket 145
ZoomGov Appearance by:
12/3/20 - Hamid Rafatjoo, (310)871-7589 12/3/20 - Luke Eaton, (213)928-9838
12/3/20 - Jeffrey Goldman, (949)567-3547 12/7/20 - Mark Slotkin, (323)701-2275
Tentative Ruling for November 4, 2020:
Grant motion insofar as it seeks to compel Golden Oak to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has
11:00 AM
no evidence or authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Final Ruling for November 4, 2020:
Enter interim order directing respondent to produce specific missing items by November 25, 2020. Movant should file 1 or more supplemental declarations with timesheets and breakdown by entities not later than November 20, 2020. Any supplemental opposition must be filed and served by December 2, 2020. Set continued hearing for December 9, 2020 at 11:00 a.m. (Court entered interim order on November 9, 2020.)
Tentative Ruling for December 9, 2020:
Court has reviewed supplemental declarations. Response to supplemental declarations is argument, not evidence. Movant has provided detailed timesheets setting forth time spent. Even if court were prepared to find at this juncture (which it is not yet in a position to do) that respondent has now produced all documents requested, movant would be entitled to the attorneys' fees and costs that it was required to incur to get to this point. Enter orders awarding sanctions as against each of the seven respondents of $3,500 for the Troutman Pepper firm and $1,138.14 for Raines Feldman.
Has movant had an opportunity to determine the extent to which it has now received all documents that it requested?
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
11:00 AM
Trustee(s):
Hamid R Rafatjoo
Elissa Miller (TR) Represented By Robyn B Sokol
11:00 AM
#106.00 Southwest Guaranty Investors, Ltd.'s Motion to Compel Production of Documents by Olympic Holdings, LLC and Request for Sanctions in the Amount of $29,778.50
fr. 11-4-20
Docket 148
ZoomGov Appearance by:
12/3/20 - Hamid Rafatjoo, (310)871-7589 12/3/20 - Luke Eaton, (213)928-9838
12/3/20 - Jeffrey Goldman, (949)567-3547 12/7/20 - Mark Slotkin, (323)701-2275
Tentative Ruling for November 4, 2020:
Grant motion insofar as it seeks to compel Olympic to produce documents without withholding any documents on the ground of privilege, as objections have been waived. Set continued hearing on issue of sanctions. Court would like to see breakdown of billings (detailed statements) and has no evidence or
11:00 AM
authority for the proposition that it is appropriate for movant to seek a single award of fees as against Slotkin and all entities, jointly and severally. (Court assumes that movant is not seeking, and is not entitled to collect, fees equal to $29,778.50 x 7.) There is no admissible evidence in the motion that any of these entities is the alter ego of any of the others or even that Slotkin controls these entities.
Final Ruling for November 4, 2020:
Enter interim order directing respondent to produce specific missing items by November 25, 2020. Movant should file 1 or more supplemental declarations with timesheets and breakdown by entities not later than November 20, 2020. Any supplemental opposition must be filed and served by December 2, 2020. Set continued hearing for December 9, 2020 at 11:00 a.m. (Court entered interim order on November 9, 2020.)
Tentative Ruling for December 9, 2020:
Court has reviewed supplemental declarations. Response to supplemental declarations is argument, not evidence. Movant has provided detailed timesheets setting forth time spent. Even if court were prepared to find at this juncture (which it is not yet in a position to do) that respondent has now produced all documents requested, movant would be entitled to the attorneys' fees and costs that it was required to incur to get to this point. Enter orders awarding sanctions as against each of the seven respondents of $3,500 for the Troutman Pepper firm and $1,138.14 for Raines Feldman.
Has movant had an opportunity to determine the extent to which it has now received all documents that it requested?
Debtor(s):
Mark Abbey Slotkin Represented By Leslie A Cohen
Movant(s):
Southwest Guaranty Investors, Ltd. Represented By
11:00 AM
Trustee(s):
Hamid R Rafatjoo
Elissa Miller (TR) Represented By Robyn B Sokol
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, 12-4-19, 6-3-20, 7-15-20, 8-26-20
Docket 1
ZoomGov Appearance by:
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.
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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.
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:
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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
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.
Tentative Ruling for June 3, 2020:
Even though counsel has only been able to communicate with his client via email, he should be able to obtain the information necessary to draft an updated status report accompanied by a declaration by someone with personal knowledge advising the court about the status of the debtor's payments under the plan and when the debtor believes that it will be in a position to make up any delinquent payments. Continue status conference to July 15, 2020 at 11:00 a.m. Debtor should file status report accompanied by declaration by someone with personal knowledge not later than July 2, 2020. APPEARANCES WAIVED ON JUNE 3, 2020.
Tentative Ruling for July 15, 2020:
Where is the status report and accompanying declaration that should have been filed by July 2, 2020? Is debtor current on its plan payments? Will debtor be able to continue performing under plan? Are debtor's principals
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communicating with counsel? Hearing required.
Final Ruling for July 15, 2020:
Reorganized debtor has not filed quarterly reports for first and second quarter and did not file required status report and declaration. Continue hearing to August 26, 2020 at 11:00 a.m. Debtor should file status report (supported by a declaration by someone with personal knowledge) not later than August 14, 2020.
Tentative Ruling for August 26, 2020:
Court has reviewed the reorganized debtor's status report. Continue case status conference to December 9, 2020 at 11:00 a.m. Reorganized debtor should file updated status report (accompanied by a declaration from someone with personal knowledge) not later than November 30, 2020.
APPEARANCES WAIVED ON AUGUST 26, 2020.
Tentative Ruling for December 9, 2020:
Court received status report on December 7, 2020. Court has reviewed the reorganized debtor's status report. Continue case status conference to April 7, 2021 at 11:00 a.m. Reorganized debtor should file updated status report (accompanied by a declaration from someone with personal knowledge) not later than MARCH 26, 2021. APPEARANCES WAIVED ON DECEMBER 9, 2020.
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Debtor(s):
TCC General Contracting, Inc. Represented By Steven R Fox
Amelia Puertas-Samara
11:00 AM
Authorizing Payment of Unsecured Claims
Conditional Dismissal of Bankruptcy Case and Retention of Jurisdiction
Docket 367
ZoomGov Appearance by:
12/1/20 - Peter Mastan, (310)569-8914 12/1/20 - Ashleigh Danker, (310)750-5009 12/7/20 - Kenneth Lau, (818)794-7430 12/7/20 - Richard Rolwing, (202)598-5471 12/8/20 - Claire Wu, (213)626-2311
12/8/20 - Mark Geragos, (213)625-3900
Grant motion. Authorize trustee to pay claims other than those of SBK and
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administrative expenses and to deposit remainder of funds on hands with Utah district court. Court agrees that that is the appropriate jurisdiction. That is where the US will be litigating whether or not the proceeds generated by sales of the properties are subject to forfeiture and SBK will have an opportunity to assert any rights it may have with regard to these funds in opposition to the US's request for forfeiture. If trustee (or USA) cannot obtain an order from Utah district court authorizing the deposit of the funds, trustee should return for further instructions.
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
11:00 AM
fr. 11-7-18, 1-10-19, 4-10-19, 7-17-19. 10-16-19, 1-15-20, 4-29-20, 10-28-20
Docket 1
ZoomGov Appearance by:
12/1/20 - Peter Mastan, (310)569-8914 12/1/20 - Ashleigh Danker, (310)750-5009 12/7/20 - Kenneth Lau, (818)794-7430 12/7/20 - Richard Rolwing, (202)598-5471 12/8/20 - Claire Wu, (213)626-2311
12/8/20 - Mark Geragos, (213)625-3900
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
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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?
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.
Tentative Ruling for January 15, 2020:
Court has reviewed trustee's status report. Continue case status conference to April 29, 2020 at 11:00 a.m. Trustee should file and serve updated status report not later than April 17, 2020. Appearances waived on January 15,
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2020.
Tentative Ruling for April 29, 2020:
Court has reviewed trustee's status report. Continue case status conference to October 28, 2020 at 11:00 a.m. Trustee should file and serve updated status report not later than October 16, 2020. Appearances waived on April 29, 2020.
Tentative Ruling for October 28, 2020:
Are there any steps that could be taken in this court to assist in the resolution of the SBK issues? Could the trustee adjudicate SBK's claim to a constructive trust over/in assets of the estate? Hearing required.
Tentative Ruling for December 9, 2020:
If court grants motion on calendar as number 108, take status conference off calendar as case will be dismissed (or continue for approximately 60 to 90 days to give trustee an opportunity to effectuate the transactions contemplated by the motion).
Debtor(s):
Regdalin Properties, LLC Represented By Henrik Mosesi
Trustee(s):
R. Todd Neilson (TR) Represented By Peter J Mastan
Ashleigh A Danker
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Docket 1
5/15/20 - ORDER ENTERED FOR ABSTENTION AND CLOSING OF CASE.
ZoomGov Appearance by:
12/7/20 - Kenneth Lau, (818)794-7430
Set deadline for debtor to serve notice of bar date and bar date. Discuss with debtor plan procedures and deadline for filing plan of reorganization. Discuss with debtor issues raised by proposed financing.
Hearing required.
5/4/20 -- Court signed scheduling order with following dates: Cont'd status conference -- July 22, 2020 at 11:00 am
L/D to serve bar date notice -- May 8, 2020 Bar date -- June 30, 2020
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L/D to file updated status report -- July 10, 2020 L/D to file plan -- August 24, 2020.
Tentative Ruling for July 22, 2020:
Court has reviewed debtor's status report. Continue status conference to August 26, 2020 at 11:00 a.m. Debtor should file updated status report not later than August 17, 2020.
Tentative Ruling for August 26, 2020:
Court has reviewed debtor's status report. Continue status conference to October 21, 2020 at 11:00 a.m. Debtor should file updated status report not later than October 9, 2020. APPEARANCES WAIVED ON AUGUST 26, 2020.
Tentative Ruling for October 21, 2020:
Court has reviewed debtor's status report. Continue status conference to December 9, 2020 at 11:00 a.m. Debtor should file updated status report not later than November 25, 2020. APPEARANCES WAIVED ON OCTOBER 21, 2020.
Tentative Ruling for December 9, 2020:
Court has reviewed debtor's status report. Continue status conference to February 3, 2021 at 11:00 a.m. Debtor should file updated status report not later than January 22, 2021. APPEARANCES WAIVED ON DECEMBER 9, 2020.
Debtor(s):
Joffe Emergency Services Represented By Stella A Havkin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Represented By
John-Patrick M Fritz
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Docket 228
ZoomGov Appearance by:
11/13/20 -- Court approved stipulation continuing hearing to December 9, 2020 at 2:00 p.m. OFF CALENDAR FOR NOVEMBER 18, 2020.
Tentative Ruling for December 9, 2020:
In light of withdrawal of objection to final report, approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Soames Lane Trust Represented By Stuart J Wald
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Trustee(s):
Rosendo Gonzalez (TR) Represented By Carmela Pagay
---- Levene Neale Bender
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Docket 36
ZoomGov Appearance by:
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
Debtor(s):
Russell Louis Hajek III Represented By Taylor F Williams
Joint Debtor(s):
Sara Elizabeth Hajek Represented By Taylor F Williams
Trustee(s):
Heide Kurtz (TR) Pro Se
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#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
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NONE LISTED -
NONE LISTED -
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MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY fr. 7-14-20, 9-29-20, 11-17-20
Docket 505
ZoomGov Appearance by:
12/3/20 - James Lewin, (858)722-2203
Rulings on Movant's Evidentiary Objections:
(Original) Declaration of Jonathan Goldrich
Overrule objection to lack of qualifications. Declarant identifies himself as a Certified Residential Real Estate Appraiser licensed by the State of California. Overrule objection based on fact that declarant didn't view interior of property. Lack of interior inspection goes to weight.
Overrule. Experts may rely on hearsay information. Real estate
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appraisers never have personal knowledge of rents being charged and must always rely on some one providing that information. (If movant would like to prove that an assumption on which valuation is based is inaccurate, they are free to do that.)
Supplemental Goldrich Declaration
Overrule objection to lack of qualifications. Declarant identifies himself as a Certified Residential Real Estate Appraiser licensed by the State of California. Overrule objection based on fact that declarant didn't view interior of property. Lack of interior inspection goes to weight.
Overrule. Experts may rely on hearsay information.
Saber Declaration
Overrule objection as to statement that the original value in schedules does not take into account new appliances. Sustain objection to the balance of the paragraph for lack of foundation, hearsay and best evidence.
Sustain for lack of foundation.
Amaya Declaration
Overrule.
Overrule.
Tentative Ruling on the Merits:
As debtor has not obtained a stay pending appeal, debtor's appeal of the order appointing a trustee and/or the conversion of the case is irrelevant. (Note: Debtor filed an emergency motion for a stay pending appeal on July
10. The orders debtor has appealed were entered on May 4, 2020. Court refused to hear motion on an expedited basis as any emergency was created only by debtor's having waited this long to bring such a motion.)
There is no evidence in the motion to support the contention that movant lacks adequate protection. On what is this assertion based?
With regard to the request for relief under section 362(d)(2), now that the
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case is in chapter 7, one of the prongs of section 362(d)(2) has been satisfied -- the property is not necessary to an effective reorganization because there will be no reorganization. As to whether or not the debtor has equity in the property, under section 362(g)(1), the movant bears the burden of proof. The lender has relied merely on the value reflected in the debtor's
schedules as the value of the property, which is a valuation that dates back to June of 2018.
Court notes that trustee has not opposed the motion. Does the trustee have a position as to the likely value of the property?
Continue hearing to give movant an opportunity to provide current evidence as to the value of the property. Court will not order adequate protection payments in the interim as there is no evidence that the property is declining in value.
9/23/20 -- Court approved stipulation continuing hearing to November 17, 2020 at 10:00 a.m. See order for additional deadlines. OFF CALENDAR FOR SEPTEMBER 29, 2020.
11/4/20 -- Court approved stipulation continuing hearing to December 15, 2020 at 10:00 a.m. See order for additional deadlines. OFF CALENDAR FOR NOVEMBER 17, 2020.
Tentative Ruling for December 15, 2020:
Court's order continuing hearing set deadline of December 1 for the debtor to file any supplemental replies and a deadline of December 8 for any further responses from movant. Docket does not reflect any supplemental filings.
What is the status of this matter? Hearing required.
Debtor(s):
Samuel Michael Saber Represented By Matthew A Lesnick
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Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Theron S Covey James F Lewin
Trustee(s):
John J Menchaca (TR) Represented By Elissa Miller
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MOVANT: OM YERMO, LLC. fr. 7-21-20, 9-8-20, 10-27-20
Docket 45
ZoomGov Appearance by:
7/14/20 -- Court approved stipulation continuing hearing to September 8, 2020 at 10:00 a.m. OFF CALENDAR FOR JULY 21, 2020.
Tentative Ruling from September 8, 2020:
The multiple bankruptcy filings here were not the result of a scheme to hinder, delay or defraud creditors. Debtor refiled chapter 7 (with the court's permission) after the court concluded that the debtor's case did not belong in chapter 11 (or that debtor seemed either unwilling or unable to take the steps necessary to diligently prosecute a chapter 11 case). Trustee is now proceeding diligently forward with a sale of the property that should satisfy all
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liens. There is now insurance on the property and an adequate equity cushion to provide protection while the trustee consummates a sale. Deny motion without prejudice to renewing the motion if the trustee fails to move forward diligently with the sale process.
(NOTE: Court is confused. Motion represents that trustee has 3 buyers interested in the property doing their due diligence and that the trustee anticipates having an offer within 30 days. Did the sale that the court already approved fall through?)
Final Ruling from September 8, 2020:
Trustee still working through issues necessary to close sale (locating title insurance company comfortable issuing policy.) Continue hearing to October 27, 2020 at 10:00 a.m.
Tentative Ruling for October 27, 2020:
What, if any, progress has been made toward closing a sale of the property since the hearing on September 8, 2020? Hearing required.
10/26/20 -- Court approved stipulation continuing hearing to December 15, 2020 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 27, 2020.
Tentative Ruling for December 15, 2020:
Trustee filed a statement on November 3, 2020 reporting that he had consummated a sale of the real property that is the subject of this motion. Deny motion as moot. APPEARANCES WAIVED. COURT WILL PREPARE ORDER.
Debtor(s):
Gardena Business Group LLC Represented By
Richard L. Sturdevant
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Movant(s):
OM Yermo LLC Represented By John E Lattin
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
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Adv#: 2:20-01649 Gonzalez v. JEON et al
Docket 1
ZoomGov Appearance by:
Continue status conference 90 to 120 days. Order parties to complete a day of mediation prior to date of continued mediation.
Debtor(s):
ERIN JEON Represented By
Jaenam J Coe Gilad Berkowitz
Defendant(s):
ERIN JEON Represented By
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Jaenam J Coe
Jong Kim Represented By
Jaenam J Coe
Richard Y Park Represented By Jaenam J Coe
Carolyn Park Represented By
Jaenam J Coe
LION & ERIN CORPORATION Pro Se
Yong Hun Kim Represented By Jaenam J Coe
Yoon Jeong Choi Represented By Todd A Fuson
Sung Sik Lim Represented By James E Adler
Young Sook Kang Represented By Todd A Fuson
JSDB, Inc. Represented By
Jaenam J Coe
Hyo Jin Japanese Restaurant, Inc. Represented By
Todd A Fuson
DOES 1 through 30, inclusive Pro Se
Joint Debtor(s):
Jong Kim Represented By
Jaenam J Coe Gilad Berkowitz
Plaintiff(s):
Rosendo Gonzalez Represented By Cameron H Totten
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Trustee(s):
Rosendo Gonzalez (TR) Pro Se
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Adv#: 2:19-01036 Garcia v. Carroll
fr. 4-9-19, 8-13-19, 11-12-19, 2-11-20, 4-28-20, 6-30-20, 9-1-20
Docket 1
ZoomGov Appearance by:
12/14/20 - David Almaraz, (818)827-5172 12/14/20 - Michael Wilson, (310)621-5073
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
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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:
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.
11/18/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- February 11, 2019 at 2 Extended discovery cutoff -- December 31, 2019
L/D to lodge order appointing mediators -- November 29, 2019 L/D to complete mediation -- February 11, 2019
12/19/19 -- Court approved order appointing mediators. 1/29/20 -- Court approved stipulation setting following dates:
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Cont'd date for completion of mediation -- April 28, 2020 Cont'd status conference -- April 28, 2020 at 2:00 p.m. L/D to file joint status report -- April 14, 2020
OFF CALENDAR FOR FEBRUARY 11, 2020.
3/25/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- June 30, 2020 Cont'd status conference -- June 30, 2020 at 2:00 p.m. L/D to file joint status report -- June 16, 2020
OFF CALENDAR FOR APRIL 28, 2020.
6/12/20 -- Court approved stipulation setting following dates:
Cont'd date for completion of mediation -- July 31, 2020 Cont'd status conference -- September 1, 2020 at 2:00 p.m.
OFF CALENDAR FOR JUNE 30, 2020.
Tentative Ruling for September 1, 2020:
Have the parties now completed a second day of mediation? Was it successful? If not, have the parties now completed discovery? If not, are the parties requesting an extension of the discovery cutoff? Hearing required.
9/4/20 -- court approved scheduling order with following dates:
L/D to file pretrial motions -- November 2, 2020
L/D to lodge joint pretrial order -- December 1, 2020 Pretrial conference -- December 15, 2020 at 2:00 p.m.
Tentative Ruling for December 15, 2020:
Discuss with parties the need to complete the videos via Zoom. Court has a
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few questions/comments with regard to the form of the joint pretrial order. Hearing required.
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
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Adv#: 2:20-01048 Dye v. Chen et al
fr. 5-5-20, 6-2-20, 8-4-20, 8-11-20, 10-27-20
Docket 1
ZoomGov Appearance by:
4/3/20 -- Court approved stipulation continuing deadline for defendant to respond to complaint to April 17, 2020.
4/7/10 -- Court approved stipulation continuing deadline for defendant Chen to respond to complaint to May 1, 2020.
4/17/20 -- Court approved stipulation continuing deadline for defendant Wang to respond to complaint to May 1, 2020.
Tentative Ruling for May 5, 2020:
Continue status conference to June 2, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss filed by defendant Bin Wang. APPEARANCES WAIVED ON
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MAY 5, 2020.
Tentative Ruling for June 2, 2020:
See tentative ruling for matter no. 204. Continue status conference to August 4, 2020 at 2:00 p.m. Parties should file joint status report not later than two weeks prior to continued status conference. APPEARANCES WAIVED ON JUNE 2, 2020.
6/4/20 -- Court approved order granting motion to dismiss with leave to amend and setting following dates:
L/D for plaintiff to file amended complaint -- June 23, 2020
L/D for defendants to respond to amended complaint -- July 14, 2020 L/D to file updated status report -- July 21, 2020
Cont'd status conference -- August 4, 2020 at 2:00 pm.
Tentative Ruling for August 4, 2020:
Continue hearing to August 11, 2020 at 2:00 p.m. to be heard concurrently with motion to dismiss. APPEARANCES WAIVED ON AUGUST 4, 2020.
Tentative Ruling for August 11, 2020:
Revisit status of action after conclusion of hearing on related matter on calendar.
10/20/20 -- At hearing held this date, Court continued status conference to December 15, 2020 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 27, 2020.
Tentative Ruling for December 15, 2020:
Continue status conference 90 to 120 days. Order parties to complete a day of mediation prior to date of continued mediation.
Debtor(s):
Shaoqiang Chen Represented By Gary R Wallace
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Defendant(s):
Shaoqiang Chen Represented By Gary R Wallace
Bin Wang Represented By
Michael Jay Berger
Plaintiff(s):
Carolyn Dye Represented By
Felix T Woo James A Dumas Jr
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
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Adv#: 2:20-01121 Pringle v. Cho
fr. 7-21-20, 10-20-20
Docket 1
ZoomGov Appearance by:
Answer to complaint was due on June 18, 2020. Parties may not simply grant open ended extensions of response deadline without court approval. Set new deadline for defendant to respond to complaint. (Parties may submit written stipulation if they would like to further extend deadline.) Set continued status conference and direct parties to complete a day of mediation prior to date of continued status conference.
7/28/20 -- Court approved scheduling order setting following dates: Cont'd status conference -- October 20, 2020 at 2:00 p.m.
L/D to file joint status report -- October 6, 2020
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L/D to complete mediation -- October 20, 2020
L/D for defendant to file and serve response to Trustee's complaint -- August 24, 2020
L/D to lodge order appointing mediator -- August 10, 2020
8/10/20 -- Court approved scheduling order setting following dates:
L/D to lodge order appointing mediator -- November 10, 2020 Cont'd status conference -- December 15, 2020 at 2:00 p.m. L/D to file joint status report -- December 1, 2020
L/D to complete mediation -- December 15, 2020 OFF CALENDAR FOR OCTOBER 20, 2020.
11/9/20 -- Court approved scheduling order setting following dates: L/D to lodge order appointing mediator -- January 19, 2021
Cont'd status conference -- February 23, 2021 at 2:00 p.m. L/D to file joint status report -- February 9, 2020
L/D to complete mediation -- February 23, 2021
L/D to file and serve response to trustee's complaint -- January 19, 2021 L/D to complete mediation -- December 15, 2020
OFF CALENDAR FOR DECEMBER 15, 2020.
Debtor(s):
Ho Young Cho Represented By Kelly K Chang
Defendant(s):
Steve Cho Pro Se
Plaintiff(s):
John P. Pringle Represented By
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Trustee(s):
Toan B Chung
John P Pringle (TR) Represented By Toan B Chung
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Adv#: 2:20-01179 Discovery Estates, LLC v. NJR Three Properties LLC et al
fr. 10-20-20
Docket 1
ZoomGov Appearance by:
9/16/20 -- At hearing held this date on UST's motion to dismiss underlying case (which was granted), court instructed parties to dispense with joint status report and, instead, to file 2 weeks before the status conference simultaneous briefs on whether or not this court can or should retain jurisdiction over the adversary proceeding notwithstanding dismissal of the underlying case.
Replies may be filed one week prior to the hearing. Tentative Ruling for October 20, 2020:
Sixth and Seventh Claims for relief are within the exclusive jurisdiction of the
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bankruptcy court. It would be inappropriate for state court to be the arbiter of the extent to which the defendant can enforce the "in rem" order granted in the Murillo case. Rulings made in the context of a hearing on a motion for relief from stay or to impose the stay are analogous to provisional remedies. Court will retain jurisdiction over this adversary proceeding at this point solely for the purpose of resolving the sixth and seventh claims for relief, which the Court will bifurcate from remaining issues and adjudicate first. There is no factual overlap between these issues and the remaining claims asserted by the complaint. Once these claims have been resolved, court will dismiss remainder of the action.
Set deadline for the parties to conduct any necessary discovery and schedule pretrial conference.
Final Ruling for October 20, 2020:
Set discovery cutoff for December 31, 2020. Continue status conference to December 15, 2020 at 2:00 p.m. Parties should file joint status report by December 1, 2020. Plaintiff should lodge scheduling order.
Tentative Ruling for December 15, 2020:
Where is scheduling order that plaintiff should have lodged after last status conference? Are parties on track to complete discovery (on 6th and 7th claims for relief) by December 31,020? If not, why not? Hearing required.
Debtor(s):
Discovery Estates, LLC Represented By Brandon J Anand
Defendant(s):
NJR Three Properties LLC Represented By Frederick J Hickman
Mark A Cilani Represented By Frederick J Hickman
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Mark E Reynolds Represented By Frederick J Hickman
Trimark Funding, Inc. Represented By Frederick J Hickman
Kori L Walters Represented By Frederick J Hickman
DOES 1-20 Pro Se
Plaintiff(s):
Discovery Estates, LLC Represented By Brandon J Anand
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Adv#: 2:15-01535 Murtagh v. BAKER et al
fr. 11-10-20
Docket 711
ZoomGov Appearance by:
12/11/20 - Derek Linke, (206)274-2800 12/11/20 - Rachel Horvitz, (206)274-2800 12/11/20 - Peter Arhangelsky, (602)334-4416 12/14/20 - James Felton, (818)382-6200
12/14/20 - Jessica Ponce, (213)(623-2911
Rulings on Evidentiary Objections:
Overrule all objections. All exhibits that are referenced in the objections are
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sufficiently authenticated in the context of a discovery dispute by reference to how these documents were acquired by the movant.
Tentative Ruling on Merits for November 10, 2020:
Movant seeks several forms of relief:
Findings that any privilege Steele or Leppo may assert in the Baker Data:
was waived by voluntary disclosures to third parties;
does not apply on these facts;
was waived by failure to comply with the specific directions in the Court's August 20, 2019 "Order re Data Turnover and Privilege Review" (the "Turnover Order") in a timely manner;
fall within the crime-fraud exception to any applicable privilege;
a sanctions award under Paragraph 10 of the Turnover Order (in an unspecified amount?), which makes the provisions of FRCP 37(a)(5) applicable if Dr. Murtagh brings a successful motion to compel;
an order authorizing Mr. Broom to release to Dr. Murtagh's counsel all documents contained within Steele and Leppo's "Set Aside Data";
a finding that Steele and Leppo have waived all claims of privilege relating to the website baddocjjm.com and related topics, David Bender aka Kevin Kuritsky; Steele and Leppo's communications with Baker's former attorneys Preis and Cohen; Baker's conduct directed at Dr. Murtagh as alleged in the operative pleading in this action; OMSJ and Leppo's use of it to fund Baker's litigation defense; and Viral Forensics, Inc., including Leppo's agreement to fund Baker's defense via donations to OMSJ in exchange for a larter ownership stake in Viral Forensics; and
findings that:
Steele's original logs failed to comply with the Turnover Order or FRCP 26 and, as a result, Steele and Leppo waived all privileges in the documents withheld therein;
that all privileges in documents not designated either confidential or included in a privilege log that complied with the Turnover Order are waived;
that Steele's amended logs were provided after the court-ordered deadline and should therefore be stricken;
that Baker acted as Leppo's agent in all respects with regard to the subject matters alleged in the operative complaint in this proceeding; and
that none of the Steele Set Aside Data identified in the Turnover Order qualifies as "Protected Data" as defined by that order because it is
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directly relevant to key issues in this proceeding, including whether and to what extent Steele and Leppo engaged in discovery misconduct, intentionally sought to delay this action, and made false representations to the Court.
For the reasons set forth below, grant relief requested in paragraphs 1 through 4 and 5 (a) and (b) and deny balance of relief requested.
With regard to the availability of sanctions, there already is a specific court order (the Turnover Order) requiring the turnover of documents and specifying the precise procedures to be used, making it appropriate for this court to impose sanctions for failure to comply with a court order. The reference to FRCP 37(a)(5) in the Turnover Order was intended to explain to the parties the standard that the court would use to assess whether or not sanctions should be imposed. In other words, if the court concludes that the conduct of one of the parties required the other party to bring a motion in order to obtain compliance with the order, the court would impose the cost of the bringing of the motion on the party whose conduct made it necessary for the motion to be brought unless the court concluded either that (1) the movant failed to attempt in good faith to obtain the disclosure or discovery without court action, (2) the opposing party's nondisclosure, response or objection was substantially justified, or (3) there are other circumstances that would make such an award unjust. All of this is appropriate under the circumstances, and all of this was discussed with and explained to the parties in connection with the formulation of the Turnover Order. With regard to the issue of sanctions, the court is satisfied that the movant attempted in good faith to resolve the relevant disputes before bringing this matter to the court's attention, that the conduct of Steele was not substantially justified (as discussed in more detail below) and that there are no other circumstances that would make an award of expenses unjust.
The following general principles/conclusions support the preceding conclusions:
No documents should have been withheld that reflect only communications between Baker and Cohen (or between Baker and Preis) without any cc's, as this Court has already found that Baker has waived his attorney/client privilege.
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Any communication as to which parties other than or in addition to those claimed to be part of the joint defense agreement have been cc'd are no longer protected from discovery as any applicable attorney/client privilege or work product rule would have been waived by the disclosure to a third party not within the scope of these protections.
There can be no joint defense privilege protecting any communication in which an attorney is cautioning his client that, by disclosing information to the parties who are supposedly part of that joint defense agreement, Baker would waive the attorney/client privilege. In other words, the contents of such documents demonstrate that, at the time such communications occurred, there was no joint defense agreement;
There is no basis to withold anything in this context on the basis of "privacy" or relevance. The court already required the use of keywords to limit the universe of data based on relevance, and the Turnover Order contains provisions for the handling of personal or private information. "Privacy" is not a recognized privilege in the discovery context.
There is no reason for the court to strike the amended privilege logs. They moot out many of the issues raised by the motion as Steele and Leppo are conceding in those logs that plaintiff is entitled to many of the documents that he seeks. However, this is not to say that, by providing these amended logs later, Steele and Leppo should be considered to have complied with the express directions set forth in the Turnover Order or that they should be relieved of the consequences of having failed to comply with the Turnover Order in a timely manner. Court agrees with movant that the original privilege logs did not contain the information required by the Turnover Order and, therefore, that, pursuant to paragraph 6 of the Turnover Order, Leppo and Steele are deemed to have waived any privileges that would otherwise be applicable with regard to their Set Aside Data. This would seem to obviate the need for the Court to perform an in camera review of anything.
Court has already ruled that discussions about funding Baker's litigation are not protected by the attorney/client privilege. This is not legal advice.
There has been an inadequate showing of the availability of the joint defense privilege with regard to the materials that are at issue here. In the context of the communications that Steele seeks to protect with this doctrine, it appears that Steele was simply offering Baker legal advice (for example, helping Baker draft declarations, etc.) In other words, Steele was representing Baker (even if he was being paid by someone else) and not
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Leppo in offering his assistance to Baker. And the court has already held that Baker has waived his attorney/client privilege. Therefore, any communications between Baker and Steele or among Baker, Steele and Cohen must be produced.
The motion does not contain sufficient information to demonstrate that what if anything Leppo himself (as distinguished from Steele) actually did here and whether Steele was or was not acting at Leppo's direction and therefore does not contain a sufficient basis for this court to impose sanctions upon Leppo. Any sanctions should be imposed upon Steele. (The court will leave it to Steele and Leppo to determine as between them whether Leppo rather than Steele should pay any sanctions imiposed.) The court will need additional briefing and a continued hearing to ascertain the appropriate amount of sanctions to be imposed.
Final Ruling for November 10, 2020:
Continue hearing to December 15, 2020 at 2:00 p.m. On or before November 30, 2020, Leppo will lodge binder with 23 redacted documents for in camera review. Court will examine documents for the purpose of assessing whether counsel behaved reasonably with regard to meet and confer. Movant/plaintiff will file fee statement broken down by category by November 30, 2020. Any response to fee statement must be filed and served by December 8, 2020.
Tentative Ruling for December 15, 2020:
The caselaw, both in California and in the Ninth Circuit, makes clear that one cannot, by simply invoking a joint defense or common interest doctrine or agreement, protect all communications between parties. The party seeking to invoke the doctrine must establish that the communicated information would otherwise be protected from disclosure by a claim of privilege. The common interest doctrine is, in substance, a nonwaiver doctrine -- that parties who possess common legal interests may share privileged information without losing the protection afforded by that privilege. The existence of these common interests or a joint defense agreement does not make a communication privileged that would not otherwise be protected by the attorney/client privilege or work product rule. See, e.g., Oxy Resources Cal. LLC v. Superior Court, 115 Cal. App. 4th 874 (2004).
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As the Appellate Court explained in Meza v. H. Muehlstein & Co., 176 Cal. App. 4th 969 (2009) (quoting Oxy, supra), under the common interest doctrine, an attorney can disclose work product to an attorney representing a separate client without waiving the attorney work product privilege if (1) the disclosure relates to a common interest of the attorneys' respective clients;
the disclosing attorney has a reasonable expectation that the other attorney will preserve confidentiality; and (3) the disclosure is reasonably necessary for the accomplishment of the purpose for which the disclosing attorney was consulted. The common interest doctrine does not create a new privilege or extend an existing one. Rather, the common interest doctrine is more appropriately characterized under California law as a nonwaiver doctrine, analyzed under standard waiver principles applicable to the attorney client privilege and the work product doctrine.
Therefore, in Oxy, the California Court of Appeals clarified that the common interest/joint defense doctrine did not protect all communications between parties to a transaction who feared being sued later. It only protected exchanges of information that would otherwise have been protected by the attorney/client privilege or work product rule that had been shared with the other party or its attorney.
Court has conducted in camera review of 23 documents provided by Steele. Steele has asserted that, in October of 2015, Baker and Leppo entered into a joint defense agreement. As 10 of the documents included in the binder provided to the Court (numbers 7, 9, 10, 11 and 14 through 19) are communications that occurred well before October of 2015, these documents cannot be protected by the parties' joint defense agreement.
The redacted portion of two of these documents does not contain any communication that would in the first instance have been protected from disclosure. An email asking whether someone is available to have dinner or to receive a telephone call is not a communication offering legal advice or communicating an attorney's analysis or mental impressions. The documents identified in the binder as item numbers 4 and 19 fall into this category and should be produced without redaction.
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With the exception of document number 21, which is discussed in more detail below, the redacted portions of the remainder of the documents are not communications that fall within the scope of the common interest or joint defense doctrine. They are not instances of communications that would otherwise have been protected by Leppo's attorney/client privilege or the work product rule in connection with Steele's representation of Leppo. This is not what is going on here at all. It is clear from the content of both the unredacted and the redacted portion of these documents that Steele is offering his legal insight and expertise to Baker only and that Leppo's only involvement is that he is paying the bill. Baker has been dissatisfied with the representation he has been receiving from other attorneys and wants to make sure that Steele is kept in the loop so that he can offer his input and expertise and supervise Baker's other attorneys. He is being used as an additional sounding board, consulting with Baker's attorneys for the purpose of representing Baker's interests.
Ordinarily, this would be a distinction without a difference because, with the exception of documents 4 and 19 (which are not confidential attorney/client communications), the attorney/client privilege and work product rule would protect communications between and among Baker, Cohen and Steele even if these communications occurred solely in the context of the representation of Baker, but Baker has waived all objections to the production of documents, including any objections based on the work product rule and the attorney/client privilege. Therefore, all documents, other than the document identified as document number 21, should be produced in unredacted form.
Document 21 is different. Although no context is provided either in the redacted or in the unredacted version of the document, the unredacted portion of the communication consists of Cohen's forwarding to Steele excerpts from rulings made in a different case that involved efforts to obtain discovery from a third party who was financing litigation. Court is prepared to assume on the facts of this case that the relevance of these excerpts involved plaintiff's efforts to obtain discovery from Leppo. This document may actually have been sent to Steele in furtherance of Leppo's interests and not merely so that Steele can assist in the representation of Baker. Steele need not produce the unredacted portion of this document.
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With regard to the issue of attorneys' fees, even though Steele and Leppo are not "parties" to this adversary proceeding, they have actively sought the involvement of this court, have actively participated in this adversary proceeding and have submitted to the subject matter jurisdiction of this court. Whether or not paragraph 10 of the Turnover Order makes it appropriate for the Court to assess the availability of sanctions under the standard set forth therein, it is clear that the Court has the inherent authority to sanction the conduct of a party who engages in abusive litigation practices if the Court finds that that party has acted in bad faith or has engaged in conduct that was tantamount to bad faith. Such conduct may include intentionally delaying or disrupting the litigation or recklessly engaging in conduct that results in delay if done for an improper purpose, such as to increase the cost of obtaining the requested discovery for the opposing party.
Based on its review of the facts and circumstances of this case, as set forth in the parties' declarations and the exhibits thereto, the Court is persuaded that Steele acted in bad faith by:
intentionally including in the original privilege logs documents that could not possibly be protected from disclosure by the attorney client privilege because parties not within the scope of the attorney/client privilege or any joint defense agreement were copied on the communications;
intentionally including in both the original and the amended privilege logs documents that predated the existence of the joint defense agreement and asserting that these documents were protected from disclosure by the existence of this agreement;
intentionally delaying and prolonging the meet and confer process;
and
refusing to execute a stipulation that incorporated all of his
comments because it was not his work product.
In light of the foregoing, the Court concludes that it is appropriate for it to impose sanctions on Steele to offset the attorneys' fees attributable to his misconduct. However, the Court does not believe that it is appropriate to sanction Steele for the entirety of movant's attorneys' fees -- merely the amount by which Steele's wrongful conduct resulted in increased fees above and beyond what could reasonably have been expected on this fact pattern. And Court is not inclined to sanction Steele for services incurred in
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connection with actions by Steele that actually moved the ball forward (such as fees attributable to the fact that Steele produced amended logs that narrowed the scope of the disputes). (Here again, the Court refers only to Steele and not to Leppo. The Court still does not have in the record evidence that Leppo was directing anything that transpired here. The only evidence is that Leppo appears to have been responsible for paying the bills. There is no evidence that he was in any sense the decision-maker or even the client in connection with the services being rendered by Steele. To the contrary, as discussed above, it appears that Steele was representing Baker and sending the bills to Leppo.)
Using the categories created by movant, the Court concludes that it is appropriate to require Steele to pay for the following:
Category A -- work necessitated by the form of the original logs ($13,683.50); Category B -- fees attributable to meet and confer sessions that were not productive due to Steele's misconduct ($3,665);
Category E -- fees attributable to work that needed to be performed because Steele wrongfully refused to sign the revised stipulation because it wasn't his work product ($9,065.50).
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 David P Bleistein Lisa Hiraide Douglas M Neistat
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Michael J Conway Derek Linke Derek A Newman
James Murtagh Represented By David P Bleistein Lisa Hiraide Michael J Conway Douglas M Neistat
Plaintiff(s):
James Murtagh Represented By David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
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, 3-12-19, 4-2-19, 6-11-19,
7-30-19, 10-15-19,11-19-19, 12-3-19, 3-31-20, 6-16-20, 7-21-20, 10-27-20,
11-10-20
Docket 1
ZoomGov Appearance by:
12/11/20 - Derek Linke, (206)274-2800 12/11/20 - Rachel Horvitz, (206)274-2800 12/11/20 - Peter Arhangelsky, (602)334-4416 12/14/20 - James Felton, (818)382-6200
12/14/20 - Jessica Ponce, (213)(623-2911
2:00 PM
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:
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
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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 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.
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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.
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:
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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:
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.
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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).
Final Ruling for December 3, 2019:
Continue status conference to March 31, 2020 at 2:00 p.m. Plaintiff should file and serve a unilateral status report not later than March 17, 2020.
Tentative Ruling for March 31, 2020:
Where is the status report that plaintiff should have filed by March 17? Why hasn't counsel for plaintiff filed stipulation with Mr. Broom or lodged order resolving motion for turnover? Hearing required.
Status report filed on March 27, 2020. Court received copy on March 30, 2020. It now appears that plaintiff has abandoned any attempts to obtain information from Mr. Broom and plans to file yet another motion that he believes will enable him to maintain the information that he desires. Has that motion been filed and, if so, when is it set for hearing? Court still needs the order that plaintiff was to lodge in connection with turnover motion. Court will not want to rule on that motion until it has memorialized in an order its prior ruling on the latest turnover motion.
Tentative Ruling for June 16, 2020:
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Revisit status of action after conclusion of related matter on calendar. Discuss with parties plaintiff's request for a further extension of deadline to file motion for default judgment.
7/2/20 -- Court approved scheduling order setting continued status conference for July 21, 2020 at 2:00 p.m., requiring parties to file joint status report by July 7, 2020 and extending the deadline for plaintiff to file a default judgment motion to July 31, 2020.
Tentatlve Ruling for July 21, 2020:
Revisit status of action after conclusion of related matter on calendar.
8/4/20 -- Court approved scheduling order extending deadline to file default judgment motion to October 30, 2020.
Tentative Ruling for October 27, 2020:
Continue status conference to date of hearing on one or more of the motions that plaintiff plans to file.
Tentative Ruling for December 15, 2020:
Revisit status of action after conclusion of hearing on related matter.
Debtor(s):
CLARK WARREN BAKER Represented By
Alan F Broidy - DISBARRED - Baruch C Cohen
Defendant(s):
CLARK WARREN BAKER Represented By Jessica Ponce
Plaintiff(s):
James Murtagh Represented By
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Trustee(s):
David P Bleistein Lisa Hiraide Douglas M Neistat Michael J Conway Derek Linke Derek A Newman
Sam S Leslie (TR) Represented By Carolyn A Dye
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
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NONE LISTED -
NONE LISTED -
10:00 AM
Docket 32
ZoomGov Appearance by:
Grant motion. Extend time to object to debtor's discharge under section 727 to March 21, 2021.
Debtor(s):
Jeannette Yvette Martello Pro Se
Movant(s):
Jason M Rund (TR) Represented By Thomas H Casey
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey
10:00 AM
Docket 37
ZoomGov Appearance by:
12/7/20 -- Court approved stipulation continuing hearing to March 17, 2021 at 10:00 a.m. OFF CALENDAR FOR DECEMBER 16, 2020.
Debtor(s):
Jeannette Yvette Martello Pro Se
Movant(s):
California Department of Managed Represented By
Heather Messenger
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey
10:00 AM
Docket 44
ZoomGov Appearance by:
Debtor's medical condition does not constitute cause to dismiss a bankruptcy case. (Chapter 7 cases may proceed even if debtor lacks capacity or is deceased.) Deny motion.
(Court received a declaration from the debtor authenticating documents that was filed on December 15, 2020 for a December 16, 2020 hearing. This is inappropriate. These documents have not been considered by the Court.)
Debtor(s):
Jeannette Yvette Martello Pro Se
Movant(s):
Jeannette Yvette Martello Pro Se
Trustee(s):
Jason M Rund (TR) Represented By
10:00 AM
Thomas H Casey
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, 12-18-19, 3-18-20, 7-22-20, 10-21-20
Docket 1
ZoomGov Appearance by:
12/15/20 - Raymond Aver, (310)571-3511
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.
11:00 AM
8/3/15 -- Court signed scheduling order setting following dates:
Cont'd hearing on motion to appoint trustee and for relief from stay -- October 14, 2015 at 11:00 a.m.
L/D to file and serve motion for authority to sell Albany Properties -- August 12, 2015
L/D to file application to employ broker(s) (or include within sale motion) -- August 12, 2015
Sale hearing -- October 14, 2015 at 11:00 a.m.
Tentative Ruling for October 14, 2015:
If Albany sale closes, will debtor be in a position to file plan? Hearing required.
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?
11:00 AM
Tentative Ruling for September 14, 2016:
Continue to September 28, 2016 at 11:00 a.m. to be heard concurrently with substantive motions set for hearing at that date and time. OFF CALENDAR FOR SEPTEMBER 14, 2016.
Tentative Ruling for September 28, 2016:
Revisit status of case after conclusion of hearings on related matters.
Tentative Ruling for December 14, 2016:
Continue to February 1, 2017 at 2:00 p.m. to be heard concurrently with hearing on amended disclosure statement. OFF CALENDAR FOR 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
11:00 AM
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.
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.
Tentative Ruling for March 18, 2020:
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Court has reviewed the reorganized debtor's case status report. Continue status conference to July 22, 2020 at 11:00 a.m. Reorganized debtor should file updated case status report not later than July 10, 2020. APPEARANCES WAIVED ON MARCH 18, 2020.
Tentative Ruling for July 22, 2020:
According to the reorganized debtor's status report, debtor is delinquent on payments due McHugh for the class 2, 3 and 4 claims "for the month of April 2020." What about the months of May, June and July? Is the reorganized debtor also delinquent on the payments for those months? Has the debtor had any discussions with the holder of these claims and, if so, have the parties agreed to anything? Hearing required.
Final Ruling for July 22, 2020:
Parties are in negotiations about a forebearance. Continue hearing to October 21, 2020 at 11:00 a.m. Reorganized debtor should file updated status report by October 9, 2020.
Tentative Ruling for October 21, 2020:
Status report was filed late. The emails attached to the status report predate the last status conference. What, if anything, has been accomplished with regard to the McHugh negotiations since the July status conference? Hearing required.
Final Ruling for October 21, 2020:
Continue hearing to December 16, 2020 at 11:00 a.m. Reorganized debtor should file and serve updated status report by December 4, 2020.
Tentative Ruling for December 16, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to April 7, 2021 at 11:00 a.m. Reorganized debtor should file updated case status report not later than March 26, 2021.
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APPEARANCES WAIVED ON DECEMBER 16, 2020.
Debtor(s):
Albany Investment Properties, LLC Represented By
Raymond H. Aver
R Alexander Comley
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,
5-29-19, 8-27-19, 10-2-19, 12-18-19, 1-9-20, 5-6-20, 11-4-20
Docket 1
ZoomGov Appearance by:
12/15/20 - Kenneth Lau, (818)794-7430
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
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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 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.
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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. 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.
Tentative Ruling for January 9, 2020:
Revisit status of case after conclusion of confirmation hearing.
11:00 AM
Tentative Ruling for May 6, 2020:
Court has reviewed reorganized debtor's status report. Continue case status conference to November 4, 2020 at 11:00 a.m. Reorganized debtor should file updated status report not later than October 23, 2020. APPEARANCES WAIVED ON MAY 6, 2020.
Tentative Ruling for November 4, 2020:
The status report says that "Per the Court's order for a status conference report, Debtor will file her declaration following this status report . . . . " Where is the declaration? This should have been filed by October 23, 2020, but was not. Hearing required.
Final Ruling for November 4, 2020:
Continue hearing to December 16, 2020 at 11:00 a.m. Reorganized debtor should file and serve updated status report not later than November 25, 2020.
Tentative Ruling for December 16, 2020:
Court has reviewed the reorganized debtor's case status report. Continue status conference to April 7, 2021 at 11:00 a.m. Reorganized debtor should file updated case status report not later than March 26, 2021.
APPEARANCES WAIVED ON DECEMBER 16, 2020.
Debtor(s):
Denise Latrice Wheeler Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron
Joanne P Sanchez
11:00 AM
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,
8-15-19, 3-11-20, 6-17-20, 9-16-20
Docket 1
4/3/20 - Notice to pay court costs in the amount of $350.00 sent to M. Jonathan Hayes, Attorney for Debtors
6/2/20 - Court Cost has NOT been paid to the Court in the amount of
$350.00.
ZoomGov Appearance by:
12/9/20 - Kathleen Hateley, (213)334-4565 12/15/20 - Kenneth Lau, (818)794-7430
Tentative Ruling for January 15, 2020:
According to reorganized debtor's post-confirmation status report, the
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reorganized debtor is currently delinquent on a variety of payments due under its confirmed plan. The status report represents that these arrearages will have been cured by the date of the status conference. Has this occurred? Is the reorganized debtor now current on its plan payments? Hearing required.
Final Ruling for January 15, 2020:
Debtor has not cured arrearages as of January 14, 2020, but thinks it will be able to do so by the end of January and that it will be able to make February payments. Continue status conference to March 11, 2020 at 11:00 a.m.
Reorganized debtor should file updated status report not later than February 28, 2020.
Tentative Ruling for March 11, 2020:
Reorganized debtor filed status report belatedly on March 5, 2020. Debtor failed to make the February payments and is having checks returned from two secured creditors. Status report represents that reorganized debtor will cure arrearages before the hearing. Has this occurred? What is the debtor doing about the creditors' whose checks are being returned?
Hearing required.
6/3/20 -- At hearing held this date, Court continued status conference to September 16, 2020 at 11:00 a.m. Reorganized debtor should file and serve updated status report not later than September 4, 2020. OFF CALENDAR FOR JUNE 17, 2020.
Tentative Ruling for September 16, 2020:
At request of reorganized debtor, continue post-confirmation status conference to December 16, 2020 at 11:00 a.m. Debtor should file updated status report accompanied by declaration not later than December 4, 2020. APPEARANCES WAIVED ON SEPTEMBER 16, 2020.
Tentative Ruling for December 16, 2020:
11:00 AM
Court has reviewed the reorganized debtor's case status report. Continue status conference to March 17, 2021 at 11:00 a.m. Reorganized debtor should file updated case status report not later than March 5, 2021.
APPEARANCES WAIVED ON DECEMBER 16, 2020.
Debtor(s):
DDC Group, Inc. Represented By Kathleen Hateley
11:00 AM
Docket 1
ZoomGov Appearance by:
12/15/20 - Joseph Dunn, (858)314-1516
12/15/20 - Kenneth Lau, (818)794-7430 12/15/20 - Joseph Jeffrey, (949)757-1600
Tentative Ruling for April 29, 2020:
Set deadline for service of notice of bar date and bar date. Continue case status conference approximately 90 to 120 days. Set deadline for filing updated status report.
4/29/20 -- Court approved scheduling order setting following dates: L/D to mail notice of bar date -- May 15, 2020
Bar date -- July 10, 2020
11:00 AM
Cont'd status conference -- August 5, 2020 at 11:00 L/D to file updated status report -- July 24, 2020
Tentative Ruling for August 5, 2020:
Were the proofs of claim filed in line with the debtor's expectations or did anything surprising get filed? What does the debtor anticipate that its plan will look like?
Hearing required.
Final Ruling for August 5, 2020:
Continue case status conference to October 21, 2020 at 11:00 a.m. Debtor should file updated status report not later than October 9, 2020.
Tentative Ruling for October 21, 2020:
Set deadline for filing sale motion and deadline for filing plan of reorganization.
10/23/20 -- Court entered scheduling order with following dates:
L/D for debtor to file sale motion -- November 25, 2020 Hearing on sale motion -- December 16, 2020 at 11:00 a.m. Continued status conference -- December 16, 2020 at 11:00 a.m.
Requirement of updated status report is waived unless no hearing on sale motion is conducted at same time as status conference, in which event status report should be filed by December 4, 2020.
Tentative Ruling for December 16, 2020:
Although Court reserves the right to dismiss a case at a status conference in the order setting the initial status conference, court is concerned that a sua sponte dismissal would not provide sufficient notice to parties in interest. Continue case status conference to date that can serve as the date of a hearing on a motion to dismiss that the debtor should file.
11:00 AM
Debtor(s):
Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot
11:00 AM
fr. 11-4-20
Docket 238
ZoomGov Appearance by:
12/15/20 - Raymond Aver, (310)571-3511
12/15/20 - Kenneth Lau, (818)794-7430
Tentative Ruling for November 4, 2020:
What is really at issue here? Debtor contends that Sierra didn't file proofs of claim, but it did -- claims nos. 75-2 and 81-1, and those proofs of claim include the same prepetition principal amount that the debtor claims is due --
$2,727,652.70. The only difference appears to be that the proofs of claim also seek allowance of an additional $31,568.89 in fees as of the petition date.
11:00 AM
However, the debtor would also like to know what the payoff amount is NOW. This is not an unreasonable request. It IS unreasonable for Siena to simply say, look at the loan documents and figure it out yourself. Grant motion in part. Order Siena to provide a loan payoff amount as of October 30, 2020, and a per diem amount of interest that accrues thereafter and an explanation of the amount on deposit in any reserves and how Siena intends to apply those reserves in the event of a payoff. If Siena's payoff demand includes attorneys' fees or other charges from third parties (such as for field examination), Siena should provide a copy of the bills it has received. (Attorneys' fee statements can redact descriptions where necessary in the manner that such statements would be redacted in connection with a fee application.) There can be an opportunity for a subsequent allowance of attorneys fees and costs that accrue after that date. In other words, Siena needs to set forth in detail the amounts that it claims are due so that the debtor can determine whether or not it objects to any portion of these amounts and the court can adjudicate whatever disputes may actually exist between the parties.
Set a deadline for Siena to provide this information, a deadline for the debtor to file and serve an objection identifying any charges that it contends are unreasonable or otherwise unenforceable and a continued hearing.
11/20/20 -- Court approved stipulation (conditionally) resolving dispute. OFF CALENDAR. NO APPEARANCE REQUIRED.
Debtor(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver
Movant(s):
Deco Enterprises, Inc. Represented By Raymond H. Aver Raymond H. Aver
2:00 PM
Docket 397
ZoomGov Appearance by:
Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.
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
2:00 PM
Docket 145
ZoomGov Appearance by:
12/14/20 - Samuel Boyamian, (310)271-6223 12/15/20 - Kenneth Lau, (818)794-7430
(Contrary to what is said in the confirmation brief, section 1129(a)(15) does not apply, as debtor is not an individual.)
There are three voting classes under the plan -- 1(a), 1(b) and 2. All three classes have accepted the plan by 100 percent in number and 100 percent in dollar amount. No objections to confirmation have been filed.
Exhibit C has been revised. Payments to unsecured creditors will now be pro rata distributions of $750.59 per month.
Debtor represents on page 11 of the confirmation brief that it will make the changes to its Articles of Incorporation required by section 1123(a)(6). Has this occurred? Have the required changes been made?
Hearing required.
2:00 PM
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
Docket 153
ZoomGov Appearance by:
12/14/20 - Samuel Boyamian, (310)271-6223 12/15/20 - Kenneth Lau, (818)794-7430
See tentative ruling for matter no. 201.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
2:00 PM
Docket 1
ZoomGov Appearance by:
12/14/20 - Samuel Boyamian, (310)271-6223 12/15/20 - Kenneth Lau, (818)794-7430
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:
2:00 PM
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 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.
12/20/19 -- Court approved scheduling order setting following dates:
1/6/2020 -- L/D for debtor to file objections to claims of State Compensation Insurance Fund and 1 West Capital;
3/20/2020 -- L/D for debtor to file updated status report 3/31/2020 -- L/D for debtor to file plan and disclosure statement 4/1/2020 at 11:00 a.m. -- Cont'd case status conference
3/27/20 -- Court approved stipulation setting following dates:
L/D for debtor to file plan and disclosure statement -- June 30, 2020
2:00 PM
Cont'd status conference -- July 1, 2020 at 11:00 a.m. OFF CALENDAR FOR APRIL 1, 2020.
Tentative Ruling for June 30, 2020:
Deadline to file plan set by the Court is June 30, 2020. Will debtor meet that deadline? If not, why not? Hearing required.
8/14/20 -- Court approved stipulation continuing hearing on disclosure statement to October 7, 2020 at 2:00 p.m. Court continued case status conference to same date and time. OFF CALENDAR FOR AUGUST 26, 2020.
Tentative Ruling for October 7, 2020:
If court approves disclosure statement, continue case status conference to same date and time as confirmation hearing.
Tentative Ruling for December 16, 2020:
If court confirms plan, schedule post-confirmation status conference and deadline for filing post-confirmation status report.
Debtor(s):
Marco General Construction, Inc. Represented By
Michael Jay Berger
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Docket 6
ZoomGov Appearance by:
12/15/20 - Kenneth Lau, (818)794-7430
12/15/20 - Eryk Escobar, (202)934-4168 12/16/20 - John-Patrick Fritz, (310)229-3395 12/16/20 - John Tedford, (310)923-0798
12/16/20 - Michael D'Alba, (310)277-0077 12/16/20 - Zev Schechtman, (310) 277-0077 Listening Only
Alphamorlai Kebeh Yazdan Irani
Kevin Tierney Anthony Scalese
10:00 AM
General questions:
Is AVR Dallas the only nondebtor affiliate that is still operating or are there others?
What is the ownership structure of the various entities? What does the organizational chart look like? (Yazdan's declaration says that the entities are owned by his wife and him and are not connected through stock ownership by a common parent organization.) Does anyone other than Yazdan and Kim own an interest in any of the entities and, if so, who and how much?
Provided debtors supply appropriate proof of service, grant.
Debtor(s):
Airport Van Rental, Inc., a California Represented By
Zev Shechtman John N Tedford IV
10:00 AM
Docket 7
ZoomGov Appearance by:
12/15/20 - Kenneth Lau, (818)794-7430
12/15/20 - Eryk Escobar, (202)934-4168 12/16/20 - John-Patrick Fritz, (310)229-3395 12/16/20 - John Tedford, (310)923-0798
12/16/20 - Michael D'Alba, (310)277-0077 12/16/20 - Zev Schechtman, (310) 277-0077 Listening Only
Alphamorlai Kebeh Yazdan Irani
Kevin Tierney Anthony Scalese
10:00 AM
Provided debtors supply appropriate proof of service, grant.
Debtor(s):
Airport Van Rental, Inc., a California Represented By
Zev Shechtman John N Tedford IV
10:00 AM
Docket 8
ZoomGov Appearance by:
12/15/20 - Kenneth Lau, (818)794-7430
12/15/20 - Eryk Escobar, (202)934-4168 12/16/20 - John-Patrick Fritz, (310)229-3395 12/16/20 - John Tedford, (310)923-0798
12/16/20 - Michael D'Alba, (310)277-0077 12/16/20 - Zev Schechtman, (310) 277-0077 Listening Only
Alphamorlai Kebeh Yazdan Irani
Kevin Tierney
10:00 AM
Anthony Scalese
Are any of the employees insiders other than Yazdan, Kim and Aria Irani and Cesar Leyva?
Provided debtor supplies appropriate proof of service, authorize debtor to pay prepetition wages and honor prepetition benefits up to an aggregate of priority amount per employee, excluding insiders. With regard to insiders, order can provide that, if and when and to the extent that insider compensation has been approved, the debtor is authorized to pay prepetition wages to insiders in accordance with any formula approved through the insider compensation process.
Motion seeks authority to honor employee benefit plans, including PTO. Accrued PTO is only paid out in cash when an employee is terminated. Motion says that benefits will only be honored for current employees and not for any that are terminated. Does this mean that the debtor does not intend to pay out in cash accrued and unused PTO to employees who leave after the entry of an order on this motion?
Debtor(s):
Airport Van Rental, Inc., a California Represented By
Zev Shechtman John N Tedford IV
10:00 AM
Docket 9
ZoomGov Appearance by:
12/15/20 - Kenneth Lau, (818)794-7430
12/15/20 - Eryk Escobar, (202)934-4168 12/16/20 - John-Patrick Fritz, (310)229-3395 12/16/20 - John Tedford, (310)923-0798
12/16/20 - Michael D'Alba, (310)277-0077 12/16/20 - Zev Schechtman, (310) 277-0077 Listening Only
Alphamorlai Kebeh Yazdan Irani
Kevin Tierney
10:00 AM
Anthony Scalese
Why does the Bank of the West payroll account need to remain open?
Debtor needs to stop payment on any outstanding checks issued on accounts that remain open. To the extent that the Court authorizes the payment of prepetition amounts, new checks should be issued.
Merchant accounts should remain open for deposits only. Only disbursements the debtor should make from these accounts is to sweep amounts on deposit (net of any required reserves) to a DIP account.
There is a difference between the debtors' depositing all of their funds into, and paying all of their expenses from, a single concentration account and pooling funds in such a way as to permit receipts generated by one debtor to be used to pay expenses attributable to a different debtor. Absent substantive consolidation or an order approving a financing motion as between two or more debtor entities, one debtor's expenses should not be paid from revenues generated by a different debtor.
Subject to the foregoing, provided debtor supplies adequate proof of service, grant motion.
Debtor(s):
Airport Van Rental, Inc., a California Represented By
Zev Shechtman John N Tedford IV
10:00 AM
Docket 10
ZoomGov Appearance by:
12/15/20 - Kenneth Lau, (818)794-7430
12/15/20 - Eryk Escobar, (202)934-4168 12/16/20 - John-Patrick Fritz, (310)229-3395 12/16/20 - John Tedford, (310)923-0798
12/16/20 - Michael D'Alba, (310)277-0077 12/16/20 - Zev Schechtman, (310) 277-0077 Listening Only
Alphamorlai Kebeh Yazdan Irani
Kevin Tierney Anthony Scalese
10:00 AM
Provided debtor supplies adequate proof of service, grant motion.
Debtor(s):
Airport Van Rental, Inc., a California Represented By
Zev Shechtman John N Tedford IV
10:00 AM
Docket 11
ZoomGov Appearance by:
12/15/20 - Kenneth Lau, (818)794-7430
12/15/20 - Eryk Escobar, (202)934-4168 12/16/20 - John-Patrick Fritz, (310)229-3395 12/16/20 - John Tedford, (310)923-0798
12/16/20 - Michael D'Alba, (310)277-0077 12/16/20 - Zev Schechtman, (310) 277-0077 Listening Only
Alphamorlai Kebeh Yazdan Irani
Kevin Tierney Anthony Scalese
10:00 AM
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. (Debtor cannot wait 45 days to pay these deposits if it hopes to persuade the court to prohibit termination of service during this 45-day period.) 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):
Airport Van Rental, Inc., a California Represented By
Zev Shechtman John N Tedford IV
10:00 AM
Docket 12
ZoomGov Appearance by:
12/15/20 - Kenneth Lau, (818)794-7430
12/15/20 - Eryk Escobar, (202)934-4168 12/16/20 - John-Patrick Fritz, (310)229-3395 12/16/20 - John Tedford, (310)923-0798
12/16/20 - Michael D'Alba, (310)277-0077 12/16/20 - Zev Schechtman, (310) 277-0077 Listening Only
Alphamorlai Kebeh Yazdan Irani
Kevin Tierney
10:00 AM
Anthony Scalese
Court is confused. Is this really a cash collateral motion or is the debtor seeking approval for its proposed adequate protection programs in an effort to prevent lendors/lessors from seeking relief from stay with regard to its vehicles on the ground that they lack adequate protection?
In other words, where is the cash collateral? According to the motion and the accompanying declaration, when one of its vehicles is sold, the debtor is required to pay either all of the net proceeds to the lender/lessor or at least the portion of the net proceeds necessary to satisfy the balance due under the lease. (If the net proceeds are insufficient for this purpose, debtor will still owe the balance.) Does the debtor plan to start retaining the net proceeds generated from vehicle sales in violation of the contracts?
Do the relevant agreements make the post-petition rents that the debtor charges for the use of its vehicles proceeds that are subject to the lessor/lendor's security interests? Do any of the lenders have security interests in the payments the debtor receives under its governmental contracts? Does the debtor have other accounts receivable in which the lessors/lenders assert security interests? If not, is there any sense in which the debtor is planning to use cash collateral?
Hearing required.
Debtor(s):
Airport Van Rental, Inc., a California Represented By
Zev Shechtman John N Tedford IV
10:00 AM
#0.00 All hearings scheduled for today will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required but you must still notify Chambers at Chambers_SBluebond@cacb.uscourts.gov of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Bluebond by ZoomGov, please see the information on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab, "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
NONE LISTED -
10:00 AM
Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren
Complaint by Jeffrey J. Bitetti against Steven M. 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, 11-19-19, 1-14-20, 2-11-20, 3-10-20, 3-31-20, 4-28-20, 9-22-20
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.
10:00 AM
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.
10:00 AM
1/8/20 -- Court approved stipulation setting following continued dates:
Cont'd pretrial conference -- February 11, 2020 at 2
L/D for Bitetti to take Bren's deposition -- February 10, 2020 L/D to file pretrial motions -- February 10, 2020
OFF CALENDAR FOR JANUARY 14, 2020. PARTIES SHOULD LODGE JOINT PRETRIAL ORDER TWO WEEKS PRIOR TO CONTINUED PRETRIAL CONFERENCE.
1/23/20 -- Court approved stipulation continuing pretrial conference to March 10, 2020 at 2:00 p.m., extending discovery cutoff to March 9, 2020 for limited purposes, extending deadline for filing pretrial motions to March 9, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR FEBRUARY 11, 2020.
2/26/20 -- Court approved stipulation continuing pretrial conference to March 31, 2020 at 2:00 p.m., extending discovery cutoff to March 23, 2020 for limited purposes, extending deadline for filing pretrial motions to March 23, 2020 and ordering parties to lodge joint pretrial order not later than February 25, 2020. OFF CALENDAR FOR MARCH 10, 2020.
Tentative Ruling for March 31, 2020:
Continue pretrial conference to April 28, 2020at 2:00 p.m. PARTIES SHOULD LODGE A SINGLE JOINT PRETRIAL ORDER not later than Apri
14, 2020. Mr. Altagen should participate personally in negotiations concerning the form of the pretrial order. Parties may break the "admitted facts" portion of the pretrial order into two separate parts: (1) facts that have already been adjudicated by the court and therefore require no proof; and (2) facts that are admitted (and therefore require no proof). If the parties disagree about whether something is or is not an issue, that dispute should be preserved in the pretrial order as well. In other words, under the appropriate list of issues (either issues of law or issues of fact), the parties should include an issue that reads, "whether plaintiff must prove . . . . " If the parties persist in lodging separate pretrial orders, the court will review the
10:00 AM
relevant declarations and orders and assess monetary sanctions as against any party that it considers to have behaved in an unreasonable manner in connection with the drafting of the document.
APPEARANCES WAIVED ON MARCH 31, 2020.
-----------------------------------
Tentative Ruling for April 28, 2020:
Court has a number of questions and concerns with regard to the form of the pretrial order that it will discuss with parties on the record at the time of the pretrial conference.
8/3/20 -- Court continued trial to December 22, 2020 at 10:00 a.m. and related trial deadlines. OFF CALENDAR FOR SEPTEMBER 22, 2020.
11/9/20 -- Court continued trial to March 23, 2021 at 10:00 a.m. and related trial deadlines. OFF CALENDAR FOR DECEMBER 22, 2020.
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
10:00 AM
Ryan D O'Dea Rika Kido
10:00 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, 2-27-19
fr. 6-11-19, 9-17-19, 1-28-20, 4-14-20, 7-21-20, 8-25-20, 12-1-20
Docket 1
ZoomGov Appearance by:
12/21/20 - Michael Flanagan, (818)692-2074 12/21/20 - Michael D'Alba, (310)277-0077
8/11/16 -- Court approved stipulation continuing status conference to October 4, 2016 at 2:00 p.m. OFF CALENDAR. NO APPEARANCE REQUIRED.
10:00 AM
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:
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
10:00 AM
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:
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
10:00 AM
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
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.
9/26/19 -- Court approved scheduling order with following dates:
Cont'd status conference -- January 28, 2020 at 2:00 p.m. L/D to file updated status report -- January 14, 2020
L/D to complete mediation -- January 28, 2020
L/D to conduct nonexpert fact discovery -- December 30, 2019
L/D to designate experts and exchange expert reports -- December 30, 2019 L/D to conduct expert witness discovery -- February 28, 2020
10:00 AM
12/30/19 -- Court entered scheduling order with following dates:
Cont'd status conference -- April 14, 2020 at 2:00 p.m. L/D to file updated status report -- March 31, 2020
L/D to complete mediation -- April 13, 2020
L/D to conduct nonexpert fact discovery -- March 30, 2020
L/D to designate experts and exchange expert reports -- March 30, 2020 L/D to conduct expert witness discovery -- May 29, 2020
3/25/20 -- Court approved stipulation continuing dates as follows: Cont'd status conference -- July 21, 2020 at 2:00 p.m.
L/D to file updated status report -- July 7, 2020 L/D to complete mediation -- July 21, 2020
L/D to conduct nonexpert fact discovery -- June 30, 2020
L/D to designate experts and exchange expert reports -- June 30, 2020 L/D to conduct expert witness discovery -- August 29, 2020
Tentative Ruling for July 21, 2020:
Discuss with the parties the status of efforts to settle the matter and possible new dates for certain of the deadlines set forth above.
Tentative Ruling for August 25, 2020:
Where are the parties with regard to settlement? Hearing required.
Tentative Ruling for December 1, 2020:
It appears that both parties believe an additional day of mediation may be productive (provided defendant's co-counsel attends). Order parties to complete a second day of mediation with the participation of defendants' co- counsel. Extend deadline for completion of discovery and set date/deadlines for pretrial motions and pretrial conference.
Final Ruling for December 1, 2020:
10:00 AM
Continue hearing to December 22, 2020 at 10:00 a.m. to permit parties to complete another day of mediation. Waive requirement that status report be filed.
Tentative Ruling for December 22, 2020:
Were the parties successful in resolving the matter at mediation? Hearing required.
Debtor(s):
Video Symphony Entertraining Inc Represented By
Dean G Rallis Jr
Defendant(s):
Michael Gerard Flanagan Represented By Samuel Price Michael G Flanagan
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
10:00 AM
Sonia Singh
10:00 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, 2-27-19, 1-28-20, 6-11-19,
9-17-19,4-14-20 7-21-20, 8-25-20, 12-1-20
Docket 1
ZoomGov Appearance by:
12/21/20 - Michael D'Alba, (310)277-0077
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.
10:00 AM
HEARING CONTINUED TO MAY 9, 2017 AT 2:00 P.M. OFF CALENDAR FOR APRIL 25, 2017.
4/24/17 -- Court approved stipulation continuing hearing to June 13, 2017 at 2:00 p.m. OFF CALENDAR FOR MAY 9, 2017.
Tentative Ruling for June 13, 2017:
Revisit status of action after conclusion of related matters on calendar.
8/14/17 -- Court approved stipulation extending certain dates and continuing 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.
10:00 AM
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:
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?
9/26/19 -- Court approved scheduling order vacating discovery cutoff and waiving requirement that status report be filed in connection with January 28, 2020 status conference.
Tentative Ruling for January 28, 2020:
Continue status conference to April 14, 2020 at 2:00 p.m. to coincide with continued status conference in related matter. Parties need not file status report in connection with April status conference. APPEARANCES WAIVED ON JANUARY 28, 2020.
3/31/20 -- Court approved stipulation continuing hearing to July 21, 2020 at
10:00 AM
2:00 p.m. to coincide with status conference in related matter. Parties need not file status report in connection with July status conference.
APPEARANCES WAIVED ON APRIL 14, 2020.
Tentative Ruling for July 21, 2020:
Continue status conference to date of continued status conference for matter no. 200.
Tentative Ruling for August 25, 2020:
Let matter continue to trail matter no. 200.
Tentative Ruling for December 22, 2020:
Revisit status after conclusion of hearing on matter no. 2.
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
10:00 AM
Trustee(s):
Howard Kollitz
Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh