10:00 AM

2:10-56192


Daniel Louis Reece and Kimberly Ann Reece


Chapter 7


#1.00 Order to Appear and Show Cause why Trustee has Failed to File Pertinent Documents Required for Closing of a Pending Case and for Failure to Respond to Court's Request to Trustee for Documents dated 11/20/19


Docket 369

*** VACATED *** REASON: CONT'D. TO 4/29/20 @ 10AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

2:19-21247


Doris Jean Meyers


Chapter 7


#2.00 Order to Show Cause re Dismissal for Failure to Comply with Rule 1006(B) - Installments (BNC); 3rd Installment of $84.00 was due on 11/22/19; Final Installment due on 12/20/19


Docket 18

*** VACATED *** REASON: MATTER RESCHEDULED TO 1/9/2020 @ 10AM

Courtroom Deputy:

1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM

Tentative Ruling:

If delinquent fees have not bee paid, dismiss case for failure to pay installments.

Party Information

Debtor(s):

Doris Jean Meyers Pro Se

Trustee(s):

David M Goodrich (TR) Pro Se

10:00 AM

2:19-23681


Roberto V Navarro


Chapter 7


#3.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) RE: Credit Counseling was taken post petition


Docket 12

*** VACATED *** REASON: MATTER RESCHEDULED TO 1/9/2020 @ 10AM

Courtroom Deputy:

1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM

Tentative Ruling:

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.)



Party Information

Debtor(s):

Roberto V Navarro Pro Se

Trustee(s):

Brad D Krasnoff (TR) Pro Se

10:00 AM

2:19-22194


Tensun 42 LLC


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1400 N. Orange Drive, Los Angeles, CA 90028 .


MOVANT: HMC ASSETS, LLC SOLELY AS ADMINISTRATOR OF THE CIVIC SECURITIZATION TRUST II


FR. 12-10-19


Docket 27

*** VACATED *** REASON: DENIED AS MOOT. NO APPEARANCE REQUIRED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Deny motion as moot. Case has been dismissed. NO APPEARANCE REQUIRED. COURT WILL PREPARE ORDER.

Party Information

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

2:19-24463


Kelly Jean Norton


Chapter 7


#5.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


MOVANT: KELLY JEAN NORTON


Docket 8

*** VACATED *** REASON: GRANT MOTION. NO APPEARANCE REQUIRED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Kelly Jean Norton Pro Se

Movant(s):

Kelly Jean Norton Pro Se

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:17-25304


California Sandblasting & Coating, Inc


Chapter 7


#6.00 Trustee's Motion for Order Determining Allocation of Sale Proceeds, Specifically, the Sale Proceeds Subject to Distribution to the Secured Creditors


Docket 128

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.

Party Information

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

2:18-20076


Matthew Edward Wiltsey


Chapter 7


#7.00 Trustee's Notice of Intention to Abandon Assets fr. 12-4-19, 12-18-19

Docket 146

*** VACATED *** REASON: MATTER RESCHEDULED TO 1/9/2020 @ 10AM

Courtroom Deputy:

1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM

Tentative Ruling:

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

CONT...


Matthew Edward Wiltsey


Chapter 7


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.

Party Information

Debtor(s):

Matthew Edward Wiltsey Pro Se

Trustee(s):

Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido

10:00 AM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#8.00 Debtor's Motion For Entry Of An Order Authorizing Rejection Of Equipment Lease Contract Between Debtor And Marlin Business Bank


Docket 73

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Grant motion. Waive appearances. Movant is authorized to upload order consistent with tentative ruling.

Party Information

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

2:19-22339


Settlers Jerky Inc.


Chapter 11


#9.00 Debtor's Motion For Entry Of An Order:


  1. Authorizing The Debtor To Continue To Utilize Cash Collateral Pursuant To 11 U.S.C. §§ 361, 362, 363;


  2. Granting Adequate Protection Pursuant To 11 U.S.C. §§ 361, 362, 363; And


  3. Granting Related Relief


Docket 77

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

2:06-16096


Morry Waksberg MD


Chapter 7


#100.00 Status Conference of Chapter 7 Case fr. 5-29-19, 10-30-19, 11-6-19

Docket 1131

*** VACATED *** REASON: CONT'D. TO 3/18/20 @ 11AM

Courtroom Deputy:

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".

Tentative Ruling:

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.

Party Information

Debtor(s):

Morry Waksberg MD Represented By

Steven Karlton Kop - DISBARRED - Daniel J McCarthy

William A Kent - INACTIVE -

11:00 AM

CONT...

Trustee(s):


Morry Waksberg MD


Chapter 7

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

2:06-16101


Morry Waksberg MD Inc


Chapter 7


#101.00 Status Conference of Chapter 7 Case fr. 5-29-19, 10-30-19, 11-6-19

Docket 826

*** VACATED *** REASON: CONT'D. TO 3/18/20 @ 11AM

Courtroom Deputy:

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".


Tentative Ruling:

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.

Party Information

Debtor(s):

Morry Waksberg MD Inc Represented By

11:00 AM

CONT...


Trustee(s):


Morry Waksberg MD Inc


Daniel J McCarthy


Chapter 7

Alfred H Siegel (TR) Represented By Anthony A Friedman Byron Z Moldo Daniel A Lev Matthew J Eandi

11:00 AM

2:16-13852


East Coast Foods, Inc.


Chapter 11


#102.00 Post-Confirmation Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: MATTER RESCHEDULED TO 1/9/2020 @ 11AM

Courtroom Deputy:

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

Tentative Ruling:

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

CONT...


East Coast Foods, Inc.


Chapter 11


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

CONT...


East Coast Foods, Inc.


Chapter 11

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

CONT...


East Coast Foods, Inc.


Chapter 11

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

CONT...


East Coast Foods, Inc.


Chapter 11

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.

Party Information

Debtor(s):

East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok

Michael Jay Berger

11:00 AM

CONT...

Trustee(s):


East Coast Foods, Inc.


Chapter 11

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

2:18-16688


Samuel Michael Saber


Chapter 11


#200.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 8-1-18, 11-7-18, 2-6-19, 8-7-19, 7-3-19, 9-11-19

Docket 1

*** VACATED *** REASON: CONT'D. TO 3/4/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Samuel Michael Saber


Chapter 11

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

CONT...


Samuel Michael Saber


Chapter 11

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.

Party Information

Debtor(s):

Samuel Michael Saber Represented By

Eric Bensamochan

2:00 PM

2:18-24870


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


#201.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 2-27-19, 6-5-19, 9-4-19, 10-10-19, 11-20-19

Docket 1

*** VACATED *** REASON: CONT'D. TO 3/4/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


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.

Party Information

2:00 PM

CONT...

Debtor(s):


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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

2:18-24870


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


#202.00 Debtor's Disclosure Statement Describing Chapter 11 Plan of Reorganization fr. 11-20-19

Docket 78

*** VACATED *** REASON: CONT'D. TO 3/4/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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.

Party Information

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

2:19-22820


Ismael Marquez


Chapter 7


#1.00 U.S. Trustee's Motion For Sanctions/Disgorgement of Compensation from Attorney Randy Alexander and the Law Offices of Randy Alexander pursuant to 11 U.S.C. Section 329


Docket 13


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Ismael Marquez Represented By Randy Alexander

Trustee(s):

John J Menchaca (TR) Pro Se

10:00 AM

2:19-23688


Pablo Meza


Chapter 11


#2.00 U.S. Trustee's Motion under 11 USC Section 1112(b)(1) to Convert, Dismiss or Appoint a Chapter 11 Trustee


Docket 12


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Pablo Meza Pro Se

10:00 AM

2:18-10597


Denise Latrice Wheeler


Chapter 11


#3.00 Confirmation Hearing Revised 6th Amended Chapter 11 Plan of Reorganization fr. 12-18-19

Docket 241


Courtroom Deputy:

1/7/20 - L. Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 1/9/20 @ 10am

Tentative Ruling:

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.

Party Information

10:00 AM

CONT...

Debtor(s):


Denise Latrice Wheeler


Chapter 11

Denise Latrice Wheeler Represented By

Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron

Joanne P Sanchez

10:00 AM

2:18-10597


Denise Latrice Wheeler


Chapter 11


#4.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

1/7/20 - L. Bryant Jaquez, (949)427-2010 x 1033, has been approved for telephonic appearance on 1/9/20 @ 10am

Tentative Ruling:

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

CONT...


Denise Latrice Wheeler


Chapter 11

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

CONT...


Denise Latrice Wheeler


Chapter 11

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.

Party Information

Debtor(s):

Denise Latrice Wheeler Represented By

Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron

10:00 AM

2:19-23681


Roberto V Navarro


Chapter 7


#5.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) RE:

Credit Counseling was taken post petition fr. 1-8-2020

Docket 12


Courtroom Deputy:

1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM

Tentative Ruling:

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.)



Party Information

Debtor(s):

Roberto V Navarro Pro Se

Trustee(s):

Brad D Krasnoff (TR) Pro Se

10:00 AM

2:19-21247


Doris Jean Meyers


Chapter 7


#6.00 Order to Show Cause re Dismissal for Failure to Comply with Rule 1006(B) - Installments (BNC); 3rd Installment of $84.00 was due on 11/22/19; Final Installment due on 12/20/19


fr. 1-8-2020


Docket 18


Courtroom Deputy:

1/2/2020 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to JANUARY 9, 2020 @ 10AM

Tentative Ruling:

If delinquent fees have not been paid, dismiss case for failure to pay installments.

Party Information

Debtor(s):

Doris Jean Meyers Pro Se

Trustee(s):

David M Goodrich (TR) Pro Se

10:00 AM

2:18-20076


Matthew Edward Wiltsey


Chapter 7


#7.00 Trustee's Notice of Intention to Abandon Assets fr. 12-4-19, 12-18-19, 1-8-2020

Docket 146

*** VACATED *** REASON: CONT'D. TO 1/29/20 @ 10AM

Courtroom Deputy:

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

Tentative Ruling:

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

CONT...


Matthew Edward Wiltsey


Chapter 7

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.

Party Information

Debtor(s):

Matthew Edward Wiltsey Pro Se

Trustee(s):

Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido

10:00 AM

2:16-13852


East Coast Foods, Inc.


Chapter 11


#8.00 Post-Confirmation Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

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

Tentative Ruling:

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...


East Coast Foods, Inc.


Chapter 11

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

CONT...


East Coast Foods, Inc.


Chapter 11

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

CONT...


East Coast Foods, Inc.


Chapter 11


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

CONT...


East Coast Foods, Inc.


Chapter 11


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.

Party Information

Debtor(s):

East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok

10:00 AM

CONT...


Trustee(s):


East Coast Foods, Inc.


Michael Jay Berger


Chapter 11

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

2:19-10391


Consuelo A Canales


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 763 W. 113th Street, Los Angeles, CA 90044


MOVANT: LAKEVIEW LOAN SERVICING, LLC.


Docket 66


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Grant without waiver of Rule 4001(a)(3).


Party Information

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

2:19-21692


Stevie Anthony Wakes, Jr


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 8000 W. Manchester Avenue #309, Playa Del Rey, CA 90293


MOVANT: MANCHESTER DEVELOPMENT LP


Docket 9


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Grant without waiver of Rule 4001(a)(3).

Party Information

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

2:19-21969


Roberto Aguirre Pacheco


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 TOYOTA TACOMA VIN# 5TFRX5GN4HX078737


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


Docket 29


Courtroom Deputy:

1/10/20 - Austin Nagel, (925)855-8080 x 201, has been approved for telephonic appearance on 1/14/20 @ 10am

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

2:19-22060


Christy Anne Woodson


Chapter 7


#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


Courtroom Deputy:

1/7/20 - Reilly Wilkinson, (415)491-8900x 106, has been approved for telephonic appearance on 1/14/20 @ 10am.

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

2:19-22457


Melissa A Snee


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Forest River M-2251LE Motorhome VIN#1GB6G5CG1E1168182


MOVANT: BANK OF THE WEST


Docket 25


Courtroom Deputy:

12/17/19 - Mary Tang, (925)678-1876, has been approved for telephonic appearance on 1/14/20 @ 10am

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

2:19-23333


Brenda Carolina Vasquez


Chapter 7


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2010 BMW 3 Series, VIN: WBAPH7C58AA800285


MOVANT: SANTANDER CONSUMER USA, INC.


Docket 12


Courtroom Deputy:

1/7/20 - Jennifer Wang, (714)431-1058 has been approved for telephonic appearance on 1/14/20 @ 10am.

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

2:19-23388


Kandace Juhola Storvis and Taylor Michael Storvis


Chapter 7


#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 Chevrolet Silverado Pickup VIN# 3GCPCSE07BG251347


MOVANT: CONNECTIONS CREDIT UNION


Docket 11


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

2:19-24242


Trevor Anthony Fiore


Chapter 7


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Forest River Stealth Toy Hauler Travel Trailer VIN#4X4TSFC29KC019875


MOVANT: BANK OF THE WEST


Docket 8


Courtroom Deputy:

12/23/19 - Mary Ellmann Tang, (925)678-1876, has been approved for telephonic appearance on 1/14/20 @ 10am

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

2:19-24335


Eunho Kim


Chapter 7


#9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 350 S. Catalina Street # 214, Los Angeles, CA 90020


MOVANT: JULIAN M. HOLDINGS, LLC, DBA HYDE PARK


Docket 6


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Grant without waiver of Rule 4001(a)(3) but with annulment.

Party Information

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

2:16-19896


Lite Solar Corp.


Chapter 7

Adv#: 2:18-01109 Lite Solar Corp. v. Slinde & Nelson, LLC et al


#200.00 Status Conference re: 02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Lite Solar Corp. against Slinde & Nelson, LLC, Darian A. Stanford


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

*** VACATED *** REASON: CONT'D. TO 3/3/20 @ 2PM

Courtroom Deputy:

1/10/20 - Cliff Davidson, (503)243-1653, has been approved for telephonic appearance on 1/14/20 @ 2pm

Tentative Ruling:

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

CONT...


Lite Solar Corp.


Chapter 7


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.

Party Information

Debtor(s):

Lite Solar Corp. Represented By

2:00 PM

CONT...


Lite Solar Corp.


Leslie A Cohen Stephen A. Weaver


Chapter 7

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

2:16-19896


Lite Solar Corp.


Chapter 7

Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al


#201.00 Status Conference re: 14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Lite Solar Corp. against Heather Schiffke, Brian Arbizzani, Adam Ward, Steve Sefchick


fr. 10-2-18, 10-23-18, 11-27-18, 1-29-19, 4-30-19, 8-13-19, 10-15-19


Docket 1


Courtroom Deputy:

1/7/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 1/14/20 @ 2pm.

Tentative Ruling:

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

CONT...


Lite Solar Corp.


Chapter 7


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.

Party Information

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

CONT...


Lite Solar Corp.


Chapter 7

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

2:16-19896


Lite Solar Corp.


Chapter 7

Adv#: 2:18-01240 Lite Solar Corp. v. Energy Wise Lightning, Inc. et al


#202.00 Status Conference re: 14 (Recovery of money/property - other)), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))), Complaint by Lite Solar Corp. against Energy Wise Lightning,

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


Courtroom Deputy:

1/7/20 - Joshua Stadtler, (503)417-5507, has been approved for telephonic appearance on 1/14/20 @ 2pm.

Tentative Ruling:

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

CONT...


Lite Solar Corp.


Chapter 7

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.

Party Information

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

CONT...


Lite Solar Corp.


Irving M Gross


Chapter 7

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

2:17-11401


Karine Kenaraki Mansoorian


Chapter 7

Adv#: 2:19-01044 Dye v. Babaie et al


#203.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Carolyn Dye against David Babaie, Keto Development Group, LLC.


fr. 4-9-19, 5-7-19, 9-17-19, 11-12-19


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Karine Kenaraki Mansoorian


Chapter 7

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.

Party Information

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

CONT...


Karine Kenaraki Mansoorian


Leonard Pena


Chapter 7

2:00 PM

2:17-19216


Steven M Bren


Chapter 7

Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren


#204.00 Pretrial Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) 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


Docket 1

*** VACATED *** REASON: CONT'D. TO 2/11/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Steven M Bren


Chapter 7


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

CONT...


Steven M Bren


Chapter 7


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.

Party Information

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

2:19-10211


Lennon and Wolfe, Inc.


Chapter 7

Adv#: 2:19-01487 YOO v. Lennon et al


#205.00 Status Conference re: 12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Timothy J Yoo against Amanda Lennon, Christopher Lennon


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

2:19-19274


Stephanie Monique Victor


Chapter 7

Adv#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor


#206.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,Complaint by SCHOOLSFIRST FEDERAL CREDIT UNION against Stephanie Monique Victor


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

2:19-19525


Charles Adib Hage


Chapter 7

Adv#: 2:19-01486 Hage v. Benzimra et al


#207.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(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 Charles Adib Hage against Felix Benzimra, Sarah Amozeg-Tirosh Benzimra, Platinum Loan Servicing, Inc., Trust Deed Network


Docket 1

*** VACATED *** REASON: CONT'D. TO 1/28/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

CONT...


Charles Adib Hage


Chapter 7

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

2:19-19696


Veronica Martinez


Chapter 7

Adv#: 2:19-01485 Vons Credit Union, a Federal Credit Union v. Martinez


#208.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), Complaint by Vons Credit Union, a Federal Credit Union against Veronica Martinez


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Where is declaration that should have accompanied filing of unilateral status report? Hearing required.

Party Information

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

2:16-24862


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor


Chapter 11

Adv#: 2:18-01363 NG DIP Liquidating Trust v. Luxury Garage Sale, Inc.


#209.00 Status Conference re: 12 (Recovery of money/poroperty - Section 547 Preference) Complaint by NG DIP Liquidating Trust against 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

*** VACATED *** REASON: 11/4/19 - ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

(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

CONT...


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor


Chapter 11


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.

Party Information

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

2:17-22698


Jose Antonio Zamora


Chapter 7

Adv#: 2:19-01139 Gonzalez v. De La Madrid et al


#210.00 Motion For A Default Judgment Against Defendants


Docket 36

*** VACATED *** REASON: MATTER RE-NOTICED TO 1/28/20 @ 2PM

Courtroom Deputy:

12/10/19 - Matter re-noticed to 1/28/20 @ 2pm per Scheduling Order entered on 10/18/19.

Tentative Ruling:

- NONE LISTED -

Party Information

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

CONT...


Jose Antonio Zamora


Rosendo Gonzalez


Chapter 7

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

2:18-16213


CSJN, Inc.


Chapter 7

Adv#: 2:19-01417 Gonzalez v. Choi et al


#211.00 Motion for Default Judgment Against Defendants Sang Ho Choi and Jung Ah Lee


Docket 14


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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):


Party Information

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

CONT...


CSJN, Inc.


Frank X Ruggier


Chapter 7

Plaintiff(s):

Rosendo Gonzalez Represented By Frank X Ruggier

Trustee(s):

Rosendo Gonzalez (TR) Represented By Larry D Simons

2:00 PM

2:18-16213


CSJN, Inc.


Chapter 7

Adv#: 2:19-01417 Gonzalez v. Choi et al


#212.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)) Complaint by Rosendo Gonzalez against Sang Ho Choi, Jung Ah Lee.


fr. 11-19-19


Docket 1

Courtroom Deputy:

10/30/2019 - Request for entry of default against defendant(s) Sang Ho Choi & Defendant(s) Jung Ah Lee

Tentative Ruling:

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.

Party Information

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

CONT...

Trustee(s):


CSJN, Inc.


Chapter 7

Rosendo Gonzalez (TR) Represented By Larry D Simons

2:00 PM

2:19-14538


XU DONG


Chapter 7

Adv#: 2:19-01425 J&C International, LLC et al v. DONG


#213.00 Order to Appear and Show Cause Why Adversary Proceeding Should Not Be Dismissed for Failure to Prosecute


Docket 6

*** VACATED *** REASON: OFF CALENDAR. NO APPEARANCE REQUIRED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

CONT...


Trustee(s):


XU DONG


Lawrence Hoodack


Chapter 7

Rosendo Gonzalez (TR) Pro Se

2:00 PM

2:19-14538


XU DONG


Chapter 7

Adv#: 2:19-01425 J&C International, LLC et al v. DONG


#214.00 Status Conference re: 67(Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by J&C International, LLC , a California Limited Liability Company, Ideal City Realty LLC a Limited Liability Company and Mimi Wu, an individual against Xu Dong


fr. 12-3-19


Docket 1

*** VACATED *** REASON: OFF CALENDAR. NO APPEARANCE REQUIRED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Plaintiff has filed a request for dismissal. Plaintiff should lodge a proposed form of order dismissing action.


OFF CALENDAR. NO APPEARANCE REQUIRED.

Party Information

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

CONT...


XU DONG


Lawrence Hoodack


Chapter 7

J&C International, LLC Represented By Lawrence Hoodack Lawrence Hoodack

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

2:00 PM

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01174 Amgine Aerospace Corporation v. Avakian


#215.00 Defendant's Motion to Dismiss Complaint Pursuant to F.R.C.P. 9(b) and 12(b) (6), or in the Alternative for More Definite Statement Under F.R.C.P. 12(e)


fr. 9-5-19, 12-3-19


Docket 10

*** VACATED *** REASON: 1/8/20 - ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Sergik Avakian Represented By Matthew D. Resnik

Defendant(s):

Sergik Avakian Represented By Matthew D. Resnik

2:00 PM

CONT...

Movant(s):


Sergik Avakian


Chapter 7

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

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01174 Amgine Aerospace Corporation v. Avakian


#216.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury)) ,(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))


fr. 8-27-19, 12-3-19


Docket 1

*** VACATED *** REASON: 1/8/20 - ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

CONT...


Trustee(s):


Sergik Avakian


R. Jeffrey Neer


Chapter 7

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:19-14578


Rachel Louise Carlsen


Chapter 7

Adv#: 2:19-01201 Guirguis et al v. Carlsen et al


#217.00 Defendant's Mark Guirguis, Aimee Gibbs and Guirguis & Gibbs, Inc.'s Motion to Dismiss Duplicative Cross-Complaint of Rachel Carlsen;


fr. 12-17-19


Docket 24


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Rachel Louise Carlsen


Chapter 7

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.


Party Information

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

CONT...


Rachel Louise Carlsen


Candice Candice Bryner


Chapter 7

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

2:19-14578


Rachel Louise Carlsen


Chapter 7

Adv#: 2:19-01201 Guirguis et al v. Carlsen et al


#218.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))Complaint by Mark Guirguis against Rachel Louise Carlsen


fr. 8-27-19, 11-19-19, 12-17-19


Docket 1


Courtroom Deputy:

7/28/19 - Amended complaint filed 7/31/19 - Another summons issued 8/30/19 - Cross Complaint filed

Tentative Ruling:

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

CONT...


Rachel Louise Carlsen


Chapter 7

Revisit status of action after conclusion of related matters on calendar.


Tentative Ruling for January 14, 2020: See tentative ruling for matter no. 217.

Party Information

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

2:19-14578


Rachel Louise Carlsen


Chapter 7

Adv#: 2:19-01240 Guirguis v. Carlsen et al


#219.00 Status Conference re: Notice of Removal of Lawsuit Pending in State Court to Bankruptcy Court


fr. 10-1-19, 11-19-19, 12-17-19


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Rachel Louise Carlsen


Chapter 7

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.

Party Information

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

CONT...

Trustee(s):


Rachel Louise Carlsen


Chapter 7

Carolyn A Dye (TR) Pro Se

2:00 PM

2:18-23844


Judith Anne Sanchez


Chapter 7


#220.00 Trustee's Motion to Approve Compromise Under Rule 9019 of Judicial Lien and for Assignment of Claims by Estate to Lien Holder


Docket 67


Courtroom Deputy:

1/10/20 - George J. Paukert, (310) 850-0231 has been approved for telephonic appearance on 1/14/20 @ 2pm.

Tentative Ruling:

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.

Party Information

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

2:18-23844


Judith Anne Sanchez


Chapter 7

Adv#: 2:19-01062 Gonzalez v. Sanchez et al


#221.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer))Complaint by Rosendo Gonzalez against Bobbio Sanchez, Lance B.

Sanchez


fr. 5-7-19, 9-10-19


Docket 1

Courtroom Deputy:

12/16/19 - George J. Paukert, (310) 850-0231 has been approved for telephonic appearance on 1/14/20 @ 2pm.


Tentative Ruling:

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

CONT...


Judith Anne Sanchez


Chapter 7

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):


Party Information

Judith Anne Sanchez Represented By George J Paukert

Defendant(s):

Bobbio Sanchez Represented By George J Paukert

Lance B. Sanchez Represented By George J Paukert

Plaintiff(s):

Rosendo Gonzalez Represented By Carolyn A Dye

Trustee(s):

Rosendo Gonzalez (TR) Represented By Carolyn A Dye

2:00 PM

2:18-23844


Judith Anne Sanchez


Chapter 7

Adv#: 2:19-01060 Darnell v. Sanchez


#222.00 Plaintiff's Motion For Summary Judgment, or, in the Alternative, Partial Summary Adjudication against Defendant Judith Ann Sanchez Denying Debtor's Discharge under 11 USC Section 523(a)(2)(A); 523(a)(4); and 523(a)(6)


Docket 27

Courtroom Deputy:

12/16/19 - George J. Paukert, (310) 850-0231 has been approved for telephonic appearance on 1/14/20 @ 2pm.


Tentative Ruling:

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).

2:00 PM

CONT...


Judith Anne Sanchez


Chapter 7


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) .

2:00 PM

CONT...


Judith Anne Sanchez


Chapter 7


-- 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

2:00 PM

CONT...


Judith Anne Sanchez


Chapter 7

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.

Party Information

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

2:18-23844


Judith Anne Sanchez


Chapter 7

Adv#: 2:19-01060 Darnell v. Sanchez


#223.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Alma Darnell against Judith Anne Sanchez


fr. 5-7-19, 9-10-19


Docket 1

Courtroom Deputy:

12/16/19 - George J. Paukert, (310) 850-0231 has been approved for telephonic appearance on 1/14/20 @ 2pm.


Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Judith Anne Sanchez


Chapter 7

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

2:19-14538


XU DONG


Chapter 7

Adv#: 2:19-01224 IMAGIC, INC, v. Dong


#1.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by IMAGIC, INC, against Dong Xu


fr. 9-17-19


Docket 1

*** VACATED *** REASON: MATTER RESCHEDULED TO 11AM

Courtroom Deputy:

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

Tentative Ruling:

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.

Party Information

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

CONT...

Trustee(s):


XU DONG


Chapter 7

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:19-14538


XU DONG


Chapter 7

Adv#: 2:19-01224 IMAGIC, INC, v. Dong


#2.00 Plaintiff's Motion for Default Judgment against Xu Dong fr. 10-15-19

Docket 22

*** VACATED *** REASON: MATTER RESCHEDULED TO 11AM

Courtroom Deputy:

11/21/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 1/15/20 @ 11am

Tentative Ruling:

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.

Party Information

Debtor(s):

XU DONG Represented By

Alice Lin

Defendant(s):

Xu Dong Pro Se

Movant(s):

IMAGIC, INC, Represented By

10:00 AM

CONT...


XU DONG


Young H Bae


Chapter 7

Plaintiff(s):

IMAGIC, INC, Represented By Young H Bae

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

11:00 AM

2:19-14538


XU DONG


Chapter 7

Adv#: 2:19-01224 IMAGIC, INC, v. Dong


#100.00 Plaintiff's Motion for Default Judgment against Xu Dong fr. 10-15-19

Docket 22


Courtroom Deputy:

11/21/19 - Notice of rescheduled hearing mailed to parties. Hearing rescheduled to 1/15/20 @ 11am

Tentative Ruling:

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

CONT...


Debtor(s):


XU DONG


Party Information


Chapter 7

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

2:19-14538


XU DONG


Chapter 7

Adv#: 2:19-01224 IMAGIC, INC, v. Dong


#101.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by IMAGIC, INC, against Dong Xu


fr. 9-17-19


Docket 1


Courtroom Deputy:

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

Tentative Ruling:

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.


Party Information

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

CONT...


XU DONG


Chapter 7

11:00 AM

2:19-22526


Hervin Torreblanca


Chapter 7


#102.00 Debtor's Motion to Dismiss Bankruptcy


Docket 9

*** VACATED *** REASON: DENIED AS MOOT. NO APPEARANCE REQUIRED.

Courtroom Deputy:

Matter Notes:

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

CONT...


Walter Steven Nevarez


Chapter 7

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:                                            


Tentative Ruling:

2:00 PM

CONT...


Walter Steven Nevarez


Chapter 7

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.

Party Information

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

2:19-23369


Ramiro Lopez


Chapter 7

Adv#: 2:19-01494 National Union Fire Insurance Company of Pittsburg v. Lopez


#214.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by National Union Fire Insurance Company of Pittsburgh, PA. against Ramiro Lopez


Docket 1

*** VACATED *** REASON: CONT'D. TO 2/11/20 @ 2PM

Courtroom Deputy:

1/6/20 - Default entered against Ramiro Lopez.

Matter Notes:

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

CONT...


Ramiro Lopez


Chapter 7


Trial set for:                                            


Scheduling order to be

lodged by:                                            


Off Calendar:                                            

Tentative Ruling:

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.

Party Information

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

2:19-13871


J. Robert Scott, Inc.


Chapter 11

Adv#: 2:19-01419 J. Robert Scott, Inc. v. American Express Merchant Services


#215.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))

Complaint by J. Robert Scott, Inc. against American Express Merchant Services fr. 12-3-19

Docket 1

*** VACATED *** REASON: 12/4/19 - ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Matter Notes:

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

CONT...


J. Robert Scott, Inc.


Chapter 11

Pretrial Conference set for:                                            


Trial set for:                                            


Scheduling order to be

lodged by:                                            


Off Calendar:                                            


Tentative Ruling:

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.

Party Information

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

2:17-22698


Jose Antonio Zamora


Chapter 7

Adv#: 2:19-01139 Gonzalez v. De La Madrid et al


#216.00 Defendant's Motion to Dismiss Per FRCP 12(b)(1), (4)and (5)


Docket 35


Courtroom Deputy:

1/27/20 - Rosendo Gonzalez, (213) 452-0070, has been approved for telephonic appearance on 1/28/20 @ 2pm

Matter Notes:

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

CONT...


Jose Antonio Zamora


Chapter 7

Tentative Ruling:

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.)

Party Information

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

CONT...


Jose Antonio Zamora


Chapter 7

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

2:17-22698


Jose Antonio Zamora


Chapter 7

Adv#: 2:19-01139 Gonzalez v. De La Madrid et al


#217.00 Plaintiffs Motion For A Default Judgment Against Defendants


Docket 36


Courtroom Deputy:

1/27/20 - Rosendo Gonzalez, (213) 452-0070, has been approved for telephonic appearance on 1/28/20 @ 2pm

Matter Notes:

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

CONT...


Jose Antonio Zamora


Chapter 7

Tentative Ruling:

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

CONT...


Jose Antonio Zamora


Chapter 7

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):


Party Information

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

CONT...

Trustee(s):


Jose Antonio Zamora


Chapter 7

Rosendo Gonzalez (TR) Represented By Rosendo Gonzalez

2:00 PM

2:17-22698


Jose Antonio Zamora


Chapter 7

Adv#: 2:19-01139 Gonzalez v. De La Madrid et al


#218.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Rosendo Gonzalez against Danniel De La Madrid, Llamas Estates, LLC, Muziknewum Nevada Irrevocable Spendthrift Trust dba Muzikneum, LTD, Castizo Holdings, LLC.


fr. 7-16-19, 10-15-19


Docket 1


Courtroom Deputy:

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


Matter Notes:

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

CONT...


Jose Antonio Zamora


Chapter 7


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:                                            

Tentative Ruling:


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.


Party Information

2:00 PM

CONT...

Debtor(s):


Jose Antonio Zamora


Chapter 7

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

2:19-14387


Richard L. Ashbee


Chapter 7

Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee


#219.00 Defendant's Motion for Dismissal of Second Amended Complaint


Docket 43


Courtroom Deputy:

1/21/20 - Ronald Richards, (310)556-1001, has been approved for telephonic appearance on 1/28/20 @ 2pm

Matter Notes:

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

CONT...


Richard L. Ashbee


Chapter 7

Tentative Ruling:

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

CONT...


Richard L. Ashbee


Chapter 7


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

CONT...


Richard L. Ashbee


Chapter 7

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.



Party Information

Debtor(s):

Richard L. Ashbee Represented By Michael E Plotkin

2:00 PM

CONT...


Richard L. Ashbee


Chapter 7

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

2:19-14387


Richard L. Ashbee


Chapter 7

Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee


#220.00 Status Conference re: 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Dagawa Trading LLC against Richard Laurence Ashbee.


fr. 9-17-19, 10-1-19, 11-5-19


Docket 1


Courtroom Deputy:

1/21/20 - Ronald Richards, (310)556-1001, has been approved for telephonic appearance on 1/28/20 @ 2pm

Matter Notes:

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

CONT...


Richard L. Ashbee


Chapter 7

Pretrial Conference set for:                                            


Trial set for:                                            


Scheduling order to be

lodged by:                                            


Off Calendar:                                            


Tentative Ruling:

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

CONT...


Debtor(s):


Richard L. Ashbee


Party Information


Chapter 7

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

2:19-14781


Albert Kirakosyan


Chapter 7

Adv#: 2:19-01246 Bankers Small Business Community Development Corp v. Kirakosyan et al


#221.00 Plaintiff's Motion for Default Judgment against Albert Kirakosyan


Docket 24


Courtroom Deputy:

1/27/20 - Jillian A. Benbow, (714) 285-2683, has been approved for telephonic appearance on 1/28/20 @ 2pm

Matter Notes:

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

CONT...


Albert Kirakosyan


Chapter 7

Tentative Ruling:

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).

Party Information

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

2:19-14781


Albert Kirakosyan


Chapter 7

Adv#: 2:19-01246 Bankers Small Business Community Development Corp v. Kirakosyan et al


#222.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)); (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) Complaint by Bankers Small Business Community Development Corporation of California against Albert Kirakosyan


fr. 10-1-19, 12-3-19


Docket 1


Courtroom Deputy:

1/27/20 - Jillian A. Benbow, (714)285-2683, has been approved for telephonic appearance on 1/28/20 @ 2pm

Matter Notes:

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

CONT...


Albert Kirakosyan


Chapter 7

Pretrial Conference set for:                                            


Trial set for:                                            


Scheduling order to be

lodged by:                                            


Off Calendar:                                            

Tentative Ruling:

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.


Party Information

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

2:19-14781


Albert Kirakosyan


Chapter 7

Adv#: 2:19-01247 Strategic Funding Source, Inc. v. Kirakosyan


#223.00 Plaintiff's Motion for Default Judgment against Albert Kirakosyan


Docket 20


Courtroom Deputy:

- NONE LISTED -

Matter Notes:

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

CONT...


Albert Kirakosyan


Chapter 7

Tentative Ruling:

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):


Party Information

Albert Kirakosyan Represented By Aidan Butler

Defendant(s):

Albert Kirakosyan Pro Se

2:00 PM

CONT...

Movant(s):


Albert Kirakosyan


Chapter 7

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

2:19-14781


Albert Kirakosyan


Chapter 7

Adv#: 2:19-01247 Strategic Funding Source, Inc. v. Kirakosyan


#224.00 Status Conference re: 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Strategic Funding Source, Inc. against Albert Kirakosyan. false pretenses, false representation, actual fraud))


fr. 10-1-19, 12-3-19


Docket 1


Courtroom Deputy:

11/20/19 - Request for entry of default against Albert Kirakosyan

Matter Notes:

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

CONT...


Albert Kirakosyan


Chapter 7

Pretrial Conference set for:                                            


Trial set for:                                            


Scheduling order to be

lodged by:                                            


Off Calendar:                                            


Tentative Ruling:

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.


Party Information

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

2:19-19525


Charles Adib Hage


Chapter 7

Adv#: 2:19-01486 Hage v. Benzimra et al


#225.00 Defendant's Motion to Dismiss Adversary Proceeding


Docket 10

*** VACATED *** REASON: OFF CALENDAR. NO APPEARANCE REQUIRED

Courtroom Deputy:

1/27/20 - Mark S. Martinez, (714) 442-9741, has been approved for telephonic appearance on 1/28/20 @ 2pm

Matter Notes:

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

CONT...


Charles Adib Hage


Chapter 7

OBJECTION SUSTAINED:                                      


OBJECTION OVERRULED:                                   

Tentative Ruling:

Grant motion to dismiss without leave to amend as to all claims for relief:


  1. 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.


  2. 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.


  3. 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.


  4. 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.


  5. 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.


  6. 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

    CONT...


    Charles Adib Hage


    Chapter 7


  7. 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.

Party Information

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

CONT...


Charles Adib Hage


Chapter 7

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

2:19-19525


Charles Adib Hage


Chapter 7

Adv#: 2:19-01486 Hage v. Benzimra et al


#226.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(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 Charles Adib Hage against Felix Benzimra, Sarah Amozeg-Tirosh Benzimra, Platinum Loan Servicing, Inc., Trust Deed Network


fr. 1-14-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR. NO APPEARANCE REQUIRED

Courtroom Deputy:

1/27/20 - Mark S. Martinez, (714) 442-9741, has been approved for telephonic appearance on 1/28/20 @ 2pm

Matter Notes:

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

CONT...


Charles Adib Hage


Chapter 7

be lodged by:                                            


Lodge Pretrial Order by:                                                     


Pretrial Conference set for:                                            


Trial set for:                                            


Scheduling order to be

lodged by:                                            


Off Calendar:                                            

Tentative Ruling:

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.

Party Information

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

CONT...


Charles Adib Hage


Lewis R Landau


Chapter 7

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

2:18-16010


Hedieh Lee


Chapter 7


#1.00


Docket No: 175

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Tentative Ruling:


Party Information

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

2:18-20076


Matthew Edward Wiltsey


Chapter 7


#2.00


Docket No: 146


Tentative Ruling:

10:00 AM

CONT...


Matthew Edward Wiltsey


Chapter 7


Party Information

Debtor(s):

Matthew Edward Wiltsey Pro Se

Trustee(s):

Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido

10:00 AM

2:19-22970


Harold Winfred Dickens, III


Chapter 7


#3.00


Docket No: 40


Tentative Ruling:


Party Information

Debtor(s):

Harold Winfred Dickens III Pro Se

Trustee(s):

Heide Kurtz (TR) Pro Se

10:00 AM

2:19-22668


Lydia C Gutierrez


Chapter 7


#4.00


Docket No: 18


Tentative Ruling:

10:00 AM

CONT...


Lydia C Gutierrez


Chapter 7


Party Information

Debtor(s):

Lydia C Gutierrez Pro Se

Trustee(s):

Sam S Leslie (TR) Pro Se

10:00 AM

2:18-16688


Samuel Michael Saber


Chapter 11


#5.00


Docket No: 323


Tentative Ruling:


Party Information

Debtor(s):

Samuel Michael Saber Represented By

Eric Bensamochan

10:00 AM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#6.00


Docket No: 83

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Tentative Ruling:


Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

10:00 AM

2:19-23962


901 Strada, LLC


Chapter 11


#7.00


Docket No: 1

*** VACATED *** REASON: 12/17/19 - CASE DISMISSED WITH 180 DAY BAR

Tentative Ruling:


Party Information

Debtor(s):

901 Strada, LLC Represented By Bruce D Rudman

10:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#8.00


Docket No: 126


Tentative Ruling:


Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

10:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#9.00


Docket No: 33


Tentative Ruling:


Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

10:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#10.00


Docket No: 133


Tentative Ruling:


Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

10:00 AM

2:17-14276


Altadena Lincoln Crossing LLC


Chapter 11


#11.00


Docket No: 1004


Tentative Ruling:


Party Information

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

2:17-14276


Altadena Lincoln Crossing LLC


Chapter 11


#12.00


Docket No: 1000


Tentative Ruling:

10:00 AM

CONT...


Altadena Lincoln Crossing LLC


Chapter 11



Party Information

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

CONT...


Altadena Lincoln Crossing LLC


Timothy J Yoo


Chapter 11


Thursday, January 30, 2020

Hearing Room

1539


10:00 AM

2:18-11475


Catherine Trinh


Chapter 11


#1.00 MEDIATION HEARING

CATHERINE TRINH 2:18-BK-11475RK

fr. 11-21-19


Docket 0


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Take appearances on the record in courtroom and then move into chambers to conduct mediation.

Party Information

Debtor(s):

Catherine Trinh Represented By Alan W Forsley

10:00 AM

2:19-16993


Bradley M. Bronson


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 LEXUS IS200

VIN# JTHBA1D29H5039187


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


Docket 39


Courtroom Deputy:

1/29/20 - Austin Nagel, (925)855-8080 x 201, has been approved for telephonic appearance on 2/4/20 @ 10am

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).

Party Information

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

2:18-17143


Gilberto Arambula, Jr.


Chapter 7

Adv#: 2:18-01291 Avery v. Jimenez et al


#200.00 Status Conference re: 14 (Recovery of money/property - other)),(72 (Injunctive relief - other)) Complaint by Wesley H. Avery against Maria Jimenez


fr. 11-27-18, 1-8-19, 3-5-19, 4-16-19, 7-30-19, 9-17-19, 12-17-19


Docket 1


Courtroom Deputy:

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

Tentative Ruling:

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

CONT...


Gilberto Arambula, Jr.


Chapter 7

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.

Party Information

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

CONT...


Gilberto Arambula, Jr.


Chapter 7

10:00 AM

2:19-24625


Victor Mora Mendoza


Chapter 7


#1.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtor's Credit Counseling Certificate never filed


Docket 14


Courtroom Deputy:

1/31/20 - Joshua Engle, (714)502-4823, has been approved for telephonic appearance on 2/5/20 @ 10am

Tentative Ruling:

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.)



Party Information

Debtor(s):

Victor Mora Mendoza Represented By Joshua R Engle

Trustee(s):

Wesley H Avery (TR) Pro Se

10:00 AM

2:19-24680


Cary A. Jordan


Chapter 7


#2.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtor's Credit Counseling Certificate never filed


Docket 14


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Debtor never filed prepetition credit counseling certificate. There is no evidence that debtor is eligible to be a debtor in bankruptcy. Dismiss case.

Party Information

Debtor(s):

Cary A. Jordan Pro Se

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:19-25103


Clara Peralta


Chapter 7


#3.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtor's Request for waiver of Credit Counseling Requirement (Exigent Circumstances)


Docket 12

*** VACATED *** REASON: VACATE OSC. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Vacate OSC as moot. Case has already been dismissed. Appearances waived. Court will prepare order.

Party Information

Debtor(s):

Clara Peralta Pro Se

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:20-10003


Debra Ann Leal


Chapter 7


#4.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtor's Credit Counseling was taken post petition


Docket 12


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.)


Party Information

Debtor(s):

Debra Ann Leal Represented By Joel M Feinstein

Trustee(s):

Carolyn A Dye (TR) Pro Se

10:00 AM

2:15-20029


Ida Mae Woods


Chapter 11


#5.00 Motion for Entry of Order Approving Financing


Docket 179

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Grant motion. Enter order authorizing financing. Appearances waived. Movant is authorized to upload order consistent with tentative ruling.

Party Information

Debtor(s):

Ida Mae Woods Represented By Giovanni Orantes Luis A Solorzano

10:00 AM

2:19-24652


2034 Sunset Plaza Drive LLC


Chapter 11


#6.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

2034 Sunset Plaza Drive LLC Represented By Matthew Abbasi

11:00 AM

2:12-50259


Hansen Freightlines Incorporated


Chapter 11


#100.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


fr. 2-15-17, 8-30-17, 2-28-18, 6-13-18, 12-12-18, 4-17-19, 8-28-19


Docket 1

*** VACATED *** REASON: CONT'D. TO 6/3/20 @ 11AM

Courtroom Deputy:

8/26/19 - Krikor Meshefejian, (310)229-1234 has been approved for telephonic appearance on 8/28/19 @ 11am

Tentative Ruling:

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.

Party Information

Debtor(s):

Hansen Freightlines Incorporated Represented By

David L. Neale Krikor J Meshefejian

11:00 AM

CONT...


Hansen Freightlines Incorporated


Chapter 11

11:00 AM

2:16-24862


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor


Chapter 11


#101.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 6/3/20 @ 11AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor


Chapter 11

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

CONT...


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor


Chapter 11

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.

Party Information

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

2:19-16532


Derrick Wayne Bromley


Chapter 7


#200.00 Trustee's Final Report and Applications for Compensation


Docket 24

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.


Party Information

Debtor(s):

Derrick Wayne Bromley Represented By

Raj T Wadhwani

Trustee(s):

Heide Kurtz (TR) Pro Se

10:00 AM

2:19-21823


Kevin V. Urbayan


Chapter 7


#1.00 U.S. Trustee's Motion to Dismiss Chapter 7 Case pursuant to 11 USC Section 707(b)(1), (b)(2) and (3)(B), and contigent Motion to Extend Bar Date for filing Complaint under 11 USC Section 727 Objecting to Debtor's Discharge


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Kevin V. Urbayan Represented By Keith Q Nguyen

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

10:00 AM

2:19-21960


Lashetta Ridgeway


Chapter 7


#2.00 U.S. Trustee's Motion to Dismiss Chapter 7 Case pursuant to 11 USC Section 707(b)(1), (b)(2) and (3)(B), and contigent Motion to Extend Bar Date for filing Complaint under 11 USC Section 727 Objecting to Debtor's Discharge


Docket 19


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Lashetta Ridgeway Pro Se

Trustee(s):

Elissa Miller (TR) Pro Se

10:00 AM

2:20-10055


Michael R Hall and La Vada Rhodes-Hall


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Kenworth T660 tructor


MOVANT: PACCAR FINANCIAL CORP.


Docket 9


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Grant without waiver of Rule 4001(a)(3).

Party Information

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

2:19-22820


Ismael Marquez


Chapter 7


#2.00 U.S. Trustee's Motion For Sanctions/Disgorgement of Compensation from Attorney Randy Alexander and the Law Offices of Randy Alexander pursuant to 11 U.S.C. Section 329


fr. 1-9-20


Docket 13


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Ismael Marquez Represented By Randy Alexander

10:00 AM

CONT...

Trustee(s):


Ismael Marquez


Chapter 7

John J Menchaca (TR) Pro Se

10:30 AM

2:19-16397


Brand Brigade LLC


Chapter 11


#50.00 Status Conference re: Debtor's Motion to Disallow Proof Of Claim Number 1 Filed By Floria Kazerooni


fr. 10-2-19, 11-13-19


Docket 40


Courtroom Deputy:

9/18/19 - Motion to allow claim no. 1 filed and will be heard with this motion.

Tentative Ruling:

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

CONT...


Brand Brigade LLC


Chapter 11

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?

Party Information

Debtor(s):

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

10:30 AM

2:19-16397


Brand Brigade LLC


Chapter 11


#51.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 7-31-19, 11-6-19, 11-13-19

Docket 1

*** VACATED *** REASON: CONT'D. TO 3/4/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Brand Brigade LLC


Chapter 11


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.

Party Information

Debtor(s):

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

2:00 PM

2:19-16040


Alfredo F Torres


Chapter 7


#200.00 Debtor's Motion RE: Objection to Claim Number 2 and3 by Claimant Vicente Torres.


fr. 11-6-19


Docket 40

*** VACATED *** REASON: CONT'D. TO 3/10/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Alfredo F Torres Represented By Antonio John Ibarra

Trustee(s):

Wesley H Avery (TR) Represented By David M Goodrich

2:00 PM

2:17-18256


Green-Light International, LLC


Chapter 7

Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al


#201.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy), Complaint by CAROLYN A DYE against Burgee & Abramoff, P.C., John Burgee, Robert Abramoff, Lanius Law & Associates, P.C., Joseph Lanius


fr. 8-27-19, 11-19-19, 12-17-19


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Green-Light International, LLC


Chapter 7

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.

Party Information

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

CONT...


Green-Light International, LLC


Chapter 7

2:00 PM

2:17-18256


Green-Light International, LLC


Chapter 7

Adv#: 2:19-01184 DYE v. de Gallegos et al


#202.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(13 (Recovery of money/property - 548 fraudulent transfer)),(13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Carolyn Dye against Jeffrey Norman Elliott, Max Charles Moore II,

Christian de Gallegos


fr. 8-27-19, 11-19-19, 12-17-19


Docket 1


Courtroom Deputy:

2/6/20 - Jonathan Saffer, (520)529-4276, has been approved for telephonic appearance on 2/11/20 @ 2pm

Tentative Ruling:

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

CONT...


Green-Light International, LLC


Chapter 7

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.

Party Information

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

2:17-19216


Steven M Bren


Chapter 7

Adv#: 2:17-01522 Jeffrey J. Bitetti, individually and as Trustee of v. Bren


#203.00 Pretrial Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) 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


Docket 1

*** VACATED *** REASON: CONT'D. TO 3/10/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Steven M Bren


Chapter 7


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

CONT...


Steven M Bren


Chapter 7


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.

Party Information

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

2:17-22362


Golden Vista Construction Inc


Chapter 7

Adv#: 2:19-01439 Wolkowitz v. Emerson


#204.00 Status Conference re: 12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other) Complaint by Edward M Wolkowitz against Michael E. Emerson.


FR. 12-10-19


Docket 1

*** VACATED *** REASON: 1/13/20 - ADV. DISMISSED.

Courtroom Deputy:

11/22/19 - Another summons issued

Tentative Ruling:

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.

Party Information

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

CONT...


Trustee(s):


Golden Vista Construction Inc


Carmela Pagay


Chapter 7

Edward M Wolkowitz (TR) Represented By Carmela Pagay

2:00 PM

2:18-22905


John Carroll


Chapter 7

Adv#: 2:19-01036 Garcia v. Carroll


#205.00 Status Conference re: 62 (Dischargeability - 523(a)(2) false pretenses, false representation, actual fraud)) Complaint by Joe "Joseph" Moises Garcia against John Carroll


fr. 4-9-19, 8-13-19, 11-12-19


Docket 1

*** VACATED *** REASON: CONT'D. TO 4/28/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


John Carroll


Chapter 7


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.

Party Information

Debtor(s):

John Carroll Represented By

Allan D Sarver

Defendant(s):

John Carroll Represented By

2:00 PM

CONT...


John Carroll


David M Almaraz


Chapter 7

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

2:19-12284


Chul Joo Lee


Chapter 7

Adv#: 2:19-01131 Howard M. Ehrenberg, Chapter 7 Trustee of the Bank v. Chul Joo Lee et al


#206.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(13 (Recovery of money/property - 548 fraudulent transfer)),(41 (Objection / revocation of discharge - 727(c),(d),(e))),(71 (Injunctive relief - reinstatement of stay)),(91 (Declaratory judgment))Complaint by Howard M. Ehrenberg, Chapter 7 Trustee of the Bankruptcy Estate of Chul Joo Lee against Chul Joo Lee, An Chul Choi


fr. 7-2-19, 11-5-19


Docket 1

*** VACATED *** REASON: 1/28/20 - ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Chul Joo Lee


Chapter 7

Chul Joo Lee Represented By

Young K Chang

Defendant(s):

Chul Joo Lee Represented By

Young K Chang

An Chul Choi Pro Se

Plaintiff(s):

Howard M. Ehrenberg, Chapter 7 Represented By

Zi Chao Lin

Trustee(s):

Howard M Ehrenberg (TR) Represented By Zi Chao Lin

2:00 PM

2:19-14066


David Gomez


Chapter 7

Adv#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez


#207.00 Defendant's Motion to Set Aside Default of Defendant David Gomez


Docket 36


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

CONT...


David Gomez


Peter W Saltzman Justin T Curley

D Ward Kallstrom


Chapter 7

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

2:19-14066


David Gomez


Chapter 7

Adv#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez


#208.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA WELFARE PLAN, ILWU-PMA WELFARE PLAN against David

Gomez


fr. 9-17-19, 11-5-19


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


David Gomez


Chapter 7


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.

Party Information

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

CONT...


Trustee(s):


David Gomez


Elizabeth Medrano Peter W. Saltzman Justin T. Curley

D. Ward Kallstrom


Chapter 7

Peter J Mastan (TR) Pro Se

2:00 PM

2:19-23369


Ramiro Lopez


Chapter 7

Adv#: 2:19-01494 National Union Fire Insurance Company of Pittsburg v. Lopez


#209.00 Plaintiff's Motion for Default Judgment against Ramiro Lopez based on prior Judgment


Docket 33


Courtroom Deputy:

2/6/20 - Jacob Stettin, (323)702-3768, has been approved for telephonic appearance on 2/11/20 @ 2pm

Tentative Ruling:

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.)

Party Information

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

2:19-23369


Ramiro Lopez


Chapter 7

Adv#: 2:19-01494 National Union Fire Insurance Company of Pittsburg v. Lopez


#209.10 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by National Union Fire Insurance Company of Pittsburgh, PA. against Ramiro Lopez


fr. 1-28-20


Docket 1


Courtroom Deputy:

1/6/20 - Default entered against Ramiro Lopez.

Tentative Ruling:

Take status conference off calendar due to grant of default judgment.

Party Information

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

2:15-20351


CLARK WARREN BAKER


Chapter 7

Adv#: 2:15-01535 Murtagh v. BAKER et al


#210.00 Plaintiff's Motion For An Order:


  1. Directing Turnover Of All Host Data To Plaintiffs Expert, Bruce Anderson;


  2. For The Following Related Relief:


    1. Striking Certain Intervenor Search Terms And Barring Any Objection By Those Intervenors To The Turnover Of Hosted Data


    2. Finding That Robert Leppo Waived Any Objection To Disclosure Of Documents Or Communications Re His Financial Transactions With Baker/OMSJ


    3. Finding That Baker, By His Misconduct, Has Waived Any Objection To The Turnover Of Hosted Data &/Or To Bruce Anderson


  3. Any Other Related Relief


Docket 632


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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,

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

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

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

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.


Party Information

2:00 PM

CONT...

Debtor(s):


CLARK WARREN BAKER


Chapter 7

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

2:17-23205


Joseph Michael Garcia


Chapter 7

Adv#: 2:18-01023 Cunjak v. Garcia


#1.00 TRIAL re: 41 (Objection / revocation of discharge - 727(c),(d),(e))) Complaint by Michael Cunjak against Joseph Michael Garcia


fr. 4-3-18, 7-17-18, 0-2-18, 11-27-18, 2-26-19, 4-16-19, 7-2-19, 10-22-19


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

  1. Understating his income for year prior to bankruptcy;

  2. Failing to disclose that he still held title to Nissan 350Z as of petition date;

  3. 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.)

  4. Failing to list collectibles as assets (rather than including them as household goods);

  5. Failing to disclose existence of website -- Arthooligan.com; and

  6. 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.

10:00 AM

CONT...


Joseph Michael Garcia


Chapter 7


Rulings on Evidentiary Objections:


Defendant's Objections to Cunjak Declaration:

  1. Overrule. Statement by a party opponent is not hearsay. FRE 801(d)(2).

  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.

  3. Overrule as to authentication foundation for documents and hearsay under FRE 803(8). Sustain as to balance under best evidence rule.

  4. Overrule.

  5. Overrule as to all but last sentence quoted (statement by party opponent). Sustain as to last sentence for lack of foundation.

  6. Overrule as to authentication for Exhibit G. Sustain as to balance.

  7. Overrule.

  8. Sustain as to phrase, "which is fraudulent." Overrule as to balance.

  9. Overrule (statement of party opponent).

  10. Overrule.


Defendant's Objections to Cohen Declaration:

  1. Overrule. Facts are not in dispute.

  2. Sustain.

  3. Overrule.

  4. Overrule.


Plaintiff's Objections to Defendant Joseph Garcia Declaration:

  1. Sustain for lack of foundation. (No information provided as to who sent letter or how defendant knows facts to which he testifies.)

  2. Sustain -- not on defendant's exhibit list.

  3. 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.

  4. Sustain -- not on defendant's exhibit list.

  5. No objection asserted. No ruling necessary.

  6. Sustain -- not on defendant's exhibit list.

  7. Sustain -- not on defendant's exhibit list.

  8. (Isn't this objection redundant? Didn't plaintiff seek to have the same

10:00 AM

CONT...


Joseph Michael Garcia


Chapter 7

exhibit excluded in objection no. 3?) Overrule for reasons set forth above.


Plaintiff's Objections to Dilella Declaration:

  1. Sustain.


    Party Information

    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

    2:19-24400


    Douglas Min


    Chapter 7


    #100.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 747 E. 10th Street, Unit 115, Los Angeles, CA 90021


    MOVANT: INTERIM CAPITAL, LLC.


    Docket 10


    Courtroom Deputy:

    - NONE LISTED -

    Tentative Ruling:

    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.

    Party Information

    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

    2:19-24918


    Henry Madriroosnejad


    Chapter 7


    #101.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 1600 N. Vine Street #850, Hollywood, CA 90028


    MOVANT: KC 2011 HOLLYWOOD & VINE LP


    Docket 8


    Courtroom Deputy:

    1/27/20 - Amended Motion Filed.

    Tentative Ruling:

    Grant without waiver of Rule 4001(a)(3) but with annulment.

    Party Information

    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

    2:20-10587


    Trevon B Card and Taeler X Card


    Chapter 7


    #102.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 HONDA ACCORD,

    VIN# 1HGC V1F9 2JA0 47828 MOVANT: HONDA LEASE TRUST

    Docket 14


    Courtroom Deputy:

    - NONE LISTED -

    Tentative Ruling:

    Grant without waiver of Rule 4001(a)(3) (without prejudice to debtor's rights under section 365(p)).

    Party Information

    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

    2:19-21862


    Karen Anissa Thomas Ray and Johnny Carl Ray Jr


    Chapter 7


    #103.00 ORDER to show cause re dismissal for failure to comply with rule 1006(B) - installments - $100 was due on or before 12/27/19; $100 is due on 2/5/2020


    Docket 21


    Courtroom Deputy:


Docket 44


Courtroom Deputy:

Tentative Ruling:

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

CONT...


Samuel Michael Saber


Chapter 11


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

CONT...


Samuel Michael Saber


Chapter 11

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.


Party Information

11:00 AM

CONT...

Debtor(s):


Samuel Michael Saber


Chapter 11

Samuel Michael Saber Represented By

Eric Bensamochan Jeffrey I Golden

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#104.00 Order to Appear and Show Cause Why Bankruptcy Case Should not be Dismissed or Converted based on Continuing Decline of Debtor's Operations


fr. 9-12-19, 9-26-19;12-3-19;12-4-19, 12-18-19


Docket 135


Courtroom Deputy:

3/31/20 - Crystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 4/1/20 @ 11am

Tentative Ruling:

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

CONT...


J. Robert Scott, Inc.


Chapter 11

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

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

Debtor(s):

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#105.00 Motion of Debtor and Debtor in Possession for an Order:


  1. Authorizing Use of Cash Collateral in Accordance with its Proposed Budget


  2. Granting Replacement Liens


Docket 206


Courtroom Deputy:

3/31/20 - Crystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 4/1/20 @ 11am

Tentative Ruling:

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):


Party Information

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

CONT...


J. Robert Scott, Inc.


Nina Z Javan James R Selth

Crystle Jane Lindsey


Chapter 11

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#106.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

3/31/20 - Crystle Lindsey, (310)207-1494, has been approved for telephonic appearance on 4/1/20 @ 11am

Tentative Ruling:

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

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

Debtor(s):

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

2:00 PM

2:15-24399


Gerson Irving Fox


Chapter 7


#200.00 Trustee's Final Report and Applications for Compensation


Docket 475


Courtroom Deputy:

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.

Tentative Ruling:

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.

Party Information

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

2:19-11827


Leslie Florence Taylor


Chapter 7


#201.00 Trustee's Final Report and Applications for Compensation


Docket 100

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.


Party Information

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

2:20-11968


K C 701 Partnership


Chapter 7


#1.00 Trustee's Motion Seeking an Order Requiring Debtor's Counsel of Record, Andrew K. Kim, to Disclose Compensation Pursuant to 11 U.S.C. Section 329


Docket 11

*** VACATED *** REASON: DENIED MOTION AS MOOT. APPEARANCES WAIVED

Courtroom Deputy:

Tentative Ruling:

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

CONT...


Regdalin Properties, LLC


Chapter 11


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.

Party Information

Debtor(s):

Regdalin Properties, LLC Represented By Henrik Mosesi

11:00 AM

CONT...

Trustee(s):


Regdalin Properties, LLC


Chapter 11

R. Todd Neilson (TR) Represented By Peter J Mastan

Ashleigh A Danker

11:00 AM

2:20-10006


E.B.J.T. Investment Firm LLC


Chapter 7


#102.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 2-26-20

Docket 1

*** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

E.B.J.T. Investment Firm LLC Represented By Kevin Tang

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

2:00 PM

2:19-16397


Brand Brigade LLC


Chapter 11


#200.00 Confirmation Hearing re: Debtor's Second Amended Plan Of Reorganization Dated March 6, 2020


Docket 118


Courtroom Deputy:

4/29/20 - Daniel Reiss, (310)229-3338, has been approved for telephonic apparance on 4/29/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#202.00 Debtor's Motion For Entry Of An Order Approving Disclosure Statement Describing Debtor's Chapter 11 Plan Of Reorganization, Dated March 18, 2020


Docket 120


Courtroom Deputy:

4/29/20 - Krikor Meshefejian, (310)229-1234 has been approved for telephonic apparance on 4/29/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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):


Party Information

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

2:00 PM

CONT...

Movant(s):


Settlers Jerky Inc.


Chapter 11

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

2:00 PM

2:19-16397


Brand Brigade LLC


Chapter 11


#201.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 7-31-19, 11-6-19, 11-13-19, 2-11-20, 3-4-20

Docket 1


Courtroom Deputy:

4/29/20 - Daniel Reiss, (310)229-3338, has been approved for telephonic apparance on 4/29/20 @ 2pm

Tentative Ruling:

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

CONT...


Brand Brigade LLC


Chapter 11

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.


Party Information

2:00 PM

CONT...

Debtor(s):


Brand Brigade LLC


Chapter 11

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#203.00 Debtor's Disclosure Statement Describing Debtor's Plan Of Reorganization, Dated March 18, 2020


Docket 119


Courtroom Deputy:

4/29/20 - Krikor Meshefejian, (310)229-1234 has been approved for telephonic apparance on 4/29/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#204.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 12-11-19, 3-18-20, 3-26-20

Docket 1


Courtroom Deputy:

4/29/20 - Krikor Meshefejian, (310)229-1234 has been approved for telephonic apparance on 4/29/20 @ 2pm

Tentative Ruling:

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

CONT...


Settlers Jerky Inc.


Chapter 11

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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian


Thursday, April 30, 2020

Hearing Room

1645


11:00 AM

: Chapter 0

Misc#: 2:19-00109

#100.00 DISCIPLINARY PROCEEDING Against Alon Darvish


Docket 1

*** VACATED *** REASON: MATTER WILL BE RESCHEDULED TO 6/18/20 @ 11AM

Courtroom Deputy:

Party Information

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

2:19-13871


J. Robert Scott, Inc.


Chapter 11

Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC


#210.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by J. Robert Scott, Inc. against KLM Interiors, LLC.


Docket 1

*** VACATED *** REASON: CONT'D. TO 6/2/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

2:17-22151


Reliance Majestic Holdings LLC


Chapter 7


#1.00 Trustee's Omnibus Motion Objecting to Claim Number 8, 9 by Claimant Lions Gate Entertainment


Docket 65

*** VACATED *** REASON: CONT'D. TO 6/17/20 @ 10AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

4/21/20 -- Court approved stipulation continuing hearing to June 17, 2020 at 10:00 a.m. OFF CALENDAR FOR MAY 6, 2020.

Party Information

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

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#2.00 Debtor's Objection to Claim #19 by Claimant Summit Bridge National Investments IV LLC. in the amount of $ 1770148


Docket 184

*** VACATED *** REASON: CONT'D. TO 6/17/20 @ 11AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

Trustee(s):

David Keith Gottlieb (TR) Represented By Ron Bender

10:00 AM

2:11-21458


Haroutian S. Menedjian


Chapter 7


#3.00 Debtor's Motion to Avoid Lien of FIA Card Services, N.A., Bank of America fr. 4-15-20

Docket 36

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Haroutian S. Menedjian


Chapter 7

866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

11:00 AM

2:15-20029


Ida Mae Woods


Chapter 11


#100.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

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

Tentative Ruling:

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:

11:00 AM

CONT...


Ida Mae Woods


Chapter 11


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.

11:00 AM

CONT...


Ida Mae Woods


Chapter 11

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

11:00 AM

CONT...


Ida Mae Woods


Chapter 11

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.

Party Information

Debtor(s):

Ida Mae Woods Represented By Giovanni Orantes Luis A Solorzano

11:00 AM

CONT...


Ida Mae Woods


Chapter 11

11:00 AM

2:16-13852


East Coast Foods, Inc.


Chapter 11


#101.00 Post-Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 8/5/20 @ 11AM

Courtroom Deputy:

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


Tentative Ruling:

Docket reflects service of notice of bar date, which is good, but where is the

11:00 AM

CONT...


East Coast Foods, Inc.


Chapter 11

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

11:00 AM

CONT...


East Coast Foods, Inc.


Chapter 11

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:

11:00 AM

CONT...


East Coast Foods, Inc.


Chapter 11

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-

11:00 AM

CONT...


East Coast Foods, Inc.


Chapter 11

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

11:00 AM

CONT...


East Coast Foods, Inc.


Chapter 11

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.

11:00 AM

CONT...


Debtor(s):


East Coast Foods, Inc.

Party Information


Chapter 11

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

2:18-10597


Denise Latrice Wheeler


Chapter 11


#102.00 Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 11/4/20 @ 11AM

Courtroom Deputy:

5/5/20 - Joanne Sanchez, (909)397-7260, has been approved for telephonic appearance on 5/6/20 @ 11am

Tentative Ruling:

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

CONT...


Denise Latrice Wheeler


Chapter 11

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

11:00 AM

CONT...


Denise Latrice Wheeler


Chapter 11

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

11:00 AM

CONT...


Denise Latrice Wheeler


Chapter 11

updated status report not later than October 23, 2020. APPEARANCES WAIVED ON MAY 6, 2020.

Party Information

Debtor(s):

Denise Latrice Wheeler Represented By

Anthony Obehi Egbase Crystle Jane Lindsey Lionel E Giron

Joanne P Sanchez

11:00 AM

2:18-16688


Samuel Michael Saber


Chapter 7


#103.00 Debtor's Motion for Order Determining Value of Collateral for Property Located at 450 Via Lido Soud, Newport Beach, CA 92663


fr. 1-29-20, 3-4-20, 3-18-20, 3-26-20, 4-1-20


Docket 323

*** VACATED *** REASON: CONT'D. TO 7/15/20 @ 11AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Samuel Michael Saber Represented By Giovanni Orantes

Movant(s):

Samuel Michael Saber Represented By Giovanni Orantes Giovanni Orantes

11:00 AM

CONT...


Trustee(s):


Samuel Michael Saber


Giovanni Orantes


Chapter 7

John J Menchaca (TR) Pro Se

11:00 AM

2:18-16688


Samuel Michael Saber


Chapter 7


#104.00 JPMorgan Chase Bank, N.A.'s Motion for Allowance of Superpriority Administrative Expense Claim


fr. 3-4-20, 3-18-20, 3-26-20, 4-1-20


Docket 338

*** VACATED *** REASON: CONT'D. TO 7/15/20 @ 11AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

11:00 AM

2:18-16688


Samuel Michael Saber


Chapter 7


#105.00 Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: OFF CALENDAR; CASE CONVERTED TO CHAPTER 7

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

11:00 AM

CONT...


Samuel Michael Saber


Chapter 7

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

CONT...


Samuel Michael Saber


Chapter 7

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

CONT...


Debtor(s):


Samuel Michael Saber

Party Information


Chapter 7

Samuel Michael Saber Represented By Giovanni Orantes

Trustee(s):

John J Menchaca (TR) Pro Se

11:00 AM

2:18-24870


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


#106.00 Status Conference re: First Amended Disclosure Statement Describing First Amended Chapter 11 Plan of Reorganization


fr. 3-18-20, 3-26-20


Docket 102


Courtroom Deputy:

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:


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

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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.

Party Information

Debtor(s):

Daniel E. Rogosin Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:00 AM

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

Joint Debtor(s):

Elizabeth Rogosin Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:00 AM

2:18-24870


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


#107.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

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:

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

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


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

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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.

Party Information

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

2:18-14251


Geneva McGrigg


Chapter 7


#200.00 Trustee's Final Report and Applications for Compensation


Docket 84

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED

Courtroom Deputy:

5/5/20 - David Goodrich, (714)966-1000, has been approved for telephonic appearance on 5/6/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.


Party Information

Debtor(s):

Geneva McGrigg Represented By Theresa Hana

Trustee(s):

Wesley H Avery (TR) Represented By David M Goodrich

2:00 PM

2:18-16010


Hedieh Lee


Chapter 7


#201.00 Trustee's Final Report and Applications for Compensation


Docket 190

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED

Courtroom Deputy:

4/29/20 - Brandon Iskander, (49)340-3400, has been approved for telephonic appearance on 5/6/20 @ 2pm

Tentative Ruling:

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.


Party Information

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

2:18-18508


Angels of the Valley Hospice Care, LLC


Chapter 7


#202.00 Trustee's Final Report and Applications for Compensation


Docket 31

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.


Party Information

Debtor(s):

Angels of the Valley Hospice Care, Represented By

Julie J Villalobos

Trustee(s):

David M Goodrich (TR) Pro Se

2:00 PM

2:18-16688


Samuel Michael Saber


Chapter 7


#203.00 Interim Application for Compensation and Reimbursement for Expenses for Eric Bensamochan, Debtor's Attorney, Period: 9/2/2019 to 4/2/2020

[Fees requested: $21,160.00, Expenses: $0.00]


Docket 378


Courtroom Deputy:

4/30/20 - Eric Bensamochan, (818)574-5740 has been approved for telephonic appearance on 5/6/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Samuel Michael Saber


Chapter 7

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.)

Party Information

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

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#204.00 Third Interim Application for Compensation and Reimbursement of Expenses for Weintraub and Selth, APC, Debtor's Attorney, Period: 10/1/2019 to 3/31/2020 [Fees requested: $62,808.12, Expenses: $3,342.82]


Docket 221

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

CONT...


J. Robert Scott, Inc.


Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey


Chapter 11

10:00 AM

2:20-11140


Jerry Andres Castro


Chapter 7


#1.00 U.S. Trustee's Motion for Extension of Time to File a Complaint Objecting to Discharge


Docket 17

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Jerry Andres Castro Represented By Leo Fasen

Trustee(s):

Peter J Mastan (TR) Pro Se

10:00 AM

2:20-11968


K C 701 Partnership


Chapter 7


#2.00 U.S. Trustee's Motion Seeking Disgorgement of Compensation from Attorney Andrew Kim pursuant to 11 USC Seciton 329


Docket 21

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

K C 701 Partnership Represented By Andrew K Kim

Trustee(s):

Peter J Mastan (TR) Pro Se

10:00 AM

2:20-13198


Gardena Business Group LLC


Chapter 11


#3.00 U.S. Trustee's Motion Under 11 U.S.C. section 1112(b)(1) to Convert, Dismiss or Appoint A Chapter 11 Trustee


Docket 13


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Gardena Business Group LLC Represented By Ronald W Ask

10:00 AM

2:20-10037


John Henry Glass and Rose Patricia Glass


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 26151 Vermont Ave 104A, Los Angeles, CA 90710


MOVANT: LOANCARE, LLC.


Docket 18


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

CONT...


Trustee(s):


John Henry Glass and Rose Patricia Glass

Erin M McCartney


Chapter 7

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:20-13202


Maria R Granados


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Ford Mustang, VIN: 1FA6P8TH3J5126997 .


MOVANT: FORD MOTOR CREDIT COMPANY, LLC.


Docket 11


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

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

2:20-13323


Sean Wallace Summers and Samarah Jean Mansur


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Toyota Highlander VIN# 5TDYK3EHXDS133932


MOVANT: PARTNERS FEDERAL CREDIT UNION


Docket 10


Courtroom Deputy:

5/6/20 - Yuri Voronin, (213)833-5880, has been approved for telephonic appearance on 5/12/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).

Party Information

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

CONT...


Trustee(s):


Sean Wallace Summers and Samarah Jean Mansur

Yuri Voronin


Chapter 7

John P Pringle (TR) Pro Se

10:00 AM

2:20-13604


David Hernandez Aguilar and Tanya Silva-Hernandez


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Chevrolet Traverse, VIN: 1GNERKKW3KJ124633


MOVANT: TD AUTO FINANCE, LLC.


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

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

CONT...

Trustee(s):


David Hernandez Aguilar and Tanya Silva-Hernandez


Chapter 7

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:20-12802


Joffe Emergency Services


Chapter 11


#5.00 Motion for Abstention Under Section 305 Suspension and Closure of Case

[OST]


Docket 84


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Joffe Emergency Services Represented By Stella A Havkin

Trustee(s):

John-Patrick McGinnis Fritz (TR) Pro Se

2:00 PM

2:18-20688


Raymond A Fernandez


Chapter 7

Adv#: 2:19-01518 Goodrich v. Fernandez


#200.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)), 14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Gesmundo, Alastair)


fr. 2-25-20


Docket 1

*** VACATED *** REASON: CONT'D. T 6/16/20 @ 2PM

Courtroom Deputy:

4/7/20 - Another summons issued.

Tentative Ruling:

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.

Party Information

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

CONT...

Trustee(s):


Raymond A Fernandez


Chapter 7

David M Goodrich (TR) Represented By Richard H Golubow

2:00 PM

2:19-24276


Jeffrey Donohue


Chapter 7

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


Courtroom Deputy:

3/16/20 - Matthew Olson, (650)843-2744, has been approved for telephonic appearance on 5/12/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Jeffrey Donohue Represented By

James D. Hornbuckle

Defendant(s):

Jeffrey Donohue Represented By

James D. Hornbuckle

2:00 PM

CONT...


Jeffrey Donohue


Chapter 7

Plaintiff(s):

Transportation Alliance Bank, Inc. Represented By

Matthew J Olson

Trustee(s):

John P Pringle (TR) Pro Se

2:00 PM

2:19-14387


Richard L. Ashbee


Chapter 7

Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee


#202.00 Defendant's Motion to Dismiss Third Amended Complaint


Docket 57


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Richard L. Ashbee


Chapter 7

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.)

Party Information

2:00 PM

CONT...

Debtor(s):


Richard L. Ashbee


Chapter 7

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

2:19-14387


Richard L. Ashbee


Chapter 7

Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee


#203.00 Status Conference re: 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Dagawa Trading LLC against Richard Laurence Ashbee.


fr. 9-17-19, 10-1-19, 11-5-19, 1-28-20, 4-14-20


Docket 1


Courtroom Deputy:

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

Tentative Ruling:

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

CONT...


Richard L. Ashbee


Chapter 7


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.


Party Information

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

2:19-19274


Stephanie Monique Victor


Chapter 7

Adv#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor


#204.00 Motion for Default Judgment against Stephanie Monique Victor fr. 4-28-20

Docket 14


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

CONT...


Stephanie Monique Victor


Chapter 7

Plaintiff(s):

SCHOOLSFIRST FEDERAL Represented By Paul V Reza

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

2:00 PM

2:19-19274


Stephanie Monique Victor


Chapter 7

Adv#: 2:19-01461 SCHOOLSFIRST FEDERAL CREDIT UNION v. Victor


#205.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,Complaint by SCHOOLSFIRST FEDERAL CREDIT UNION against Stephanie Monique Victor


fr. 1-14-20, 2-25-20, 4-14-20, 4-28-20


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Stephanie Monique Victor


Chapter 7

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.


Party Information

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

2:16-19896


Lite Solar Corp.


Chapter 7

Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al


#200.00 Status Conference re: 14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Lite Solar Corp. against Heather Schiffke, Brian Arbizzani, Adam Ward, Steve Sefchick


fr. 10-2-18, 10-23-18, 11-27-18, 1-29-19, 4-30-19, 8-13-19, 10-15-19


Docket 1

*** VACATED *** REASON: 3/18/20 - ADV. TRANSFERRED TO DISTRICT OF OREGON.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Lite Solar Corp.


Chapter 7


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

CONT...


Lite Solar Corp.


Chapter 7

2020. OFF CALENDAR FOR MAY 19, 2020.


3/18/20 -- OFF CALENDAR. COURT APPROVED STIPULATION TRANSFERRING VENUE.

Party Information

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

2:16-19896


Lite Solar Corp.


Chapter 7

Adv#: 2:18-01240 Lite Solar Corp. v. Energy Wise Lightning, Inc. et al


#201.00 Status Conference re: 14 (Recovery of money/property - other)), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))), Complaint by Lite Solar Corp. against Energy Wise Lightning,

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

*** VACATED *** REASON: 3/18/20 - ADV. TRANSFERRED TO DISTRICT OF OREGON.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Lite Solar Corp.


Chapter 7

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Lite Solar Corp.


Chapter 7

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

2:19-16397


Brand Brigade LLC


Chapter 11


#202.00 Status Conference re: Debtor's Motion to Disallow Proof Of Claim Number 1 Filed By Floria Kazerooni


fr. 10-2-19, 11-13-19, 2-11-20


Docket 40

*** VACATED *** REASON: 4/8/20 - ORDER RESOLVING OBJECTION SIGNED. NO APPEARANCE REQUIRED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Brand Brigade LLC


Chapter 11


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.

Party Information

Debtor(s):

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

2:00 PM

2:15-20351


CLARK WARREN BAKER


Chapter 7

Adv#: 2:15-01535 Murtagh v. BAKER et al


#203.00 Plaintiff James Murtagh, M.D.'s Motion for an Order:


  1. Reissuing a Warrant for Baker's Arrest Based on his ongoing Civil Contempt;


  2. Granting Bruce Anderson Permission to Log Into and Examine Baker's Online Accounts


  3. for Related Relief


Docket 661


Courtroom Deputy:

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


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

  1. 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.)

  2. Sustain (hearsay).

  3. Overrule.

  4. Sustain (lack of foundation).

  5. Overrule.

  6. Overrule.


Murtagh Declaration

  1. Overrule.

  2. Sustain (hearsay).

  3. Sustain (lack of foundation).

  4. Overrule as to sentence about date on which index page became unavailable. Sustain as to balance (lack of foundation).

  5. Overrule.

  6. Sustain (best evidence).

  7. 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.

  8. Sustain (speculation).

  9. 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

    CONT...


    CLARK WARREN BAKER


    Chapter 7

    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.)


    Party Information

    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

    2:20-11753


    Frankie Dale Vernail Jacobs, Sr.


    Chapter 7


    #100.00 Order to Show Cause re Dismissal for Failure to Comply with Rule 1006(B) - Installments $105 was due on 3/19/20; $105 was due on 4/20/20 and $105 due on 5/19/20


    Docket 20


    Courtroom Deputy:

    - NONE LISTED -

    Tentative Ruling:

    PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

    Party Information

    Debtor(s):

    Frankie Dale Vernail Jacobs Sr. Pro Se

    Trustee(s):

    Brad D Krasnoff (TR) Pro Se

    11:00 AM

    2:20-11856


    Alex B Hernandez


    Chapter 7


    #101.00 Order to Show Cause re Dismissal for Failure to Comply with Rule 1006(B) - Installments $105 was due on 3/20/20; $105 was due by 4/20/20 and $105 due by 5/20/20


    Docket 14


    Courtroom Deputy:

    - NONE LISTED -

    Tentative Ruling:

    PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

    Party Information

    Debtor(s):

    Alex B Hernandez Pro Se

    Trustee(s):

    Sam S Leslie (TR) Pro Se

    11:00 AM

    2:20-13153


    Cesar James Nevarez and Francis Marie Nevarez


    Chapter 7


    #102.00 Reaffirmation Agreement Between Debtor and State Farm Bank, FSB C/O Twenty-One Eighty-Five, L.L.C.

    [Presumption of Undue Hardship]


    Docket 20


    Courtroom Deputy:

    - NONE LISTED -

    Tentative Ruling:

    PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

    Party Information

    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

    CONT...

    Trustee(s):


    Cesar James Nevarez and Francis Marie Nevarez


    Chapter 7

    Heide Kurtz (TR) Pro Se

    11:00 AM

    2:11-59973


    Steven William Navarette and Tarrah Lynn Navarette


    Chapter 7


    #103.00 Debtor's Motion to Avoid Lien Junior Lien with Franchise Tax Board and Internal Revenue Service


    Docket 43


    Courtroom Deputy:


Docket 281


Courtroom Deputy:

Tentative Ruling:

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.

Party Information

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

CONT...


Rachel Louise Carlsen


Chapter 7

Plaintiff(s):

Rachel Louise Carlsen Pro Se

Trustee(s):

Carolyn A Dye (TR) Pro Se

2:00 PM

2:19-22668


Lydia C Gutierrez


Chapter 7

Adv#: 2:20-01069 Leslie v. Gutierrez et al


#201.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)) Complaint by Sam S. Leslie against Alvaro J. Gutierrez, Luis E. Gutierrez, Crystal Adilene Yanez


Docket 1

*** VACATED *** REASON: CONT'D. TO 9/8/20 @ 2PM

Courtroom Deputy:

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


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Lydia C Gutierrez Pro Se

2:00 PM

CONT...


Lydia C Gutierrez


Chapter 7

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

2:19-24885


Kyunj Soo Wondji Bruny


Chapter 7

Adv#: 2:20-01066 Nitopi v. Bruny


#202.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Cristina Nitopi against Kyunj Soo Wondji Bruny


Docket 1

*** VACATED *** REASON: CONT'D. TO 6/30/20 @ 2PM

Courtroom Deputy:

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


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Kyunj Soo Wondji Bruny Represented By

2:00 PM

CONT...


Kyunj Soo Wondji Bruny


Sanaz S Bereliani


Chapter 7

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

2:19-13871


J. Robert Scott, Inc.


Chapter 11

Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC


#203.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by J.

Robert Scott, Inc. against KLM Interiors, LLC fr. 5-5-20

Docket 1

*** VACATED *** REASON: CONT'D. TO 7/14/20 @ 2PM

Courtroom Deputy:

6/01/20 - Crystle J. Linsey, (310) 207-1494, has been approved for telephonic appearance on 6/2/20 @ 2pm


Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


J. Robert Scott, Inc.


Chapter 11

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

2:19-12936


Shaoqiang Chen


Chapter 7

Adv#: 2:20-01048 Dye v. Chen et al


#204.00 Defendant Bin Wang's Motion to Dismiss Plaintiff Carolyn Dye's, In Her Capacity as the Chapter 7 Trustee for the Bankruptcy Estate of Shaoqiang Chen, Complaint For Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to Fed.R.Civ.P. Rule 12(b)(6)


Docket 19

*** VACATED *** REASON: CONT'D. TO 8/4/20 @ 2PM

Courtroom Deputy:

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


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Shaoqiang Chen


Chapter 7

August 4, 2020 at 2:00 p.m. Parties should file updated joint status report not later than two weeks prior to status conference. Movant should lodge scheduling order with all of these dates. APPEARANCES WAIVED ON JUNE 2, 2020.

Party Information

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

2:19-12936


Shaoqiang Chen


Chapter 7

Adv#: 2:20-01048 Dye v. Chen et al


#205.00 Status Conference re: 14 (Recovery of money/property - other)) Complaint by Carolyn Dye against Shaoqiang Chen, Bin Wang


fr. 5-5-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 8/4/20 @ 2PM

Courtroom Deputy:

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


Tentative Ruling:

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

CONT...


Shaoqiang Chen


Chapter 7

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

CONT...


Shaoqiang Chen


Chapter 7

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

2:16-19896


Lite Solar Corp.


Chapter 7


#1.00 Trustee's Motion:


  1. to Approve Compromises and Settlements with Oregon Defendants in Two Adversary Proceedings


  2. for Authority to Pay Special Counsel's Contingency Fee and Costs


Docket 378


Courtroom Deputy:

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


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (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

CONT...


Lite Solar Corp.


Chapter 7

4 P.M. ON THE DAY 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)

  1. Sustain (lack of foundation)

  2. Sustain (lack of foundation)

  3. Sustain (lack of personal knowledge)

  4. Sustain (lack of foundation)

  5. Overrule

  6. Overrule

  7. Sustain (lack of foundation)

  8. Overrule as to first sentence. Sustain as to balance (lack of foundation)

  9. Sustain (lack of foundation)

  10. 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.

Party Information

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

2:19-14171


Eugena Renee Lawler


Chapter 7


#2.00 Debtor's Motion to Redeem Property of the Estate under 11 USC Section 722 re: 2015 Dodge Charger


fr. 2-19-20, 3-11-20, 4-1-20, 4-15-20


Docket 40


Courtroom Deputy:

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:

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

CONT...


Eugena Renee Lawler


Chapter 7


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

CONT...


Eugena Renee Lawler


Chapter 7


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.

Party Information

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

2:19-23085


Youth Policy Institute, Inc.


Chapter 7


#3.00 Trustee's Motion Under Fed. R. Bankr. P. 9019 for Order Approving Stipulation Between Chapter 7 Trustee and MDB International Branding LLC Regarding Administrative Claim Relating to Beverly Facility


Docket 116

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

2:20-11680


Lee Danielson


Chapter 7


#4.00 Judgment Recovery Asssitance, LLC's Motion for Extension of Time to File a Complaint Objecting to Discharge Of Lee Danielson


Docket 20


Courtroom Deputy:

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


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Lee Danielson Represented By Sanaz S Bereliani

10:00 AM

CONT...

Trustee(s):


Lee Danielson


Chapter 7

Carolyn A Dye (TR) Pro Se

10:00 AM

2:11-49013


Eun Mi Cho


Chapter 11


#5.00 Debtor's Attorney Motion For: 1). Final Decree and Discharge

  1. 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


  2. Order Waiving requirement that the Reorganized Debtor complete a Financial Management Course Before Receiving A Discharge Because The Reorganized Debtor Is Deceased


Docket 177


Courtroom Deputy:

6/2/20 - Michael Sofris, (310)577-8027, has been approved for telephonic appearance on 6/3/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Eun Mi Cho Represented By

10:00 AM

CONT...


Eun Mi Cho


Michael N Sofris


Chapter 11

10:00 AM

2:18-17029


DDC Group, Inc.


Chapter 11


#6.00 Debtor's Motion to Modify Confirmed Chapter 11 Plan


Docket 431


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

DDC Group, Inc. Represented By

M. Jonathan Hayes

10:00 AM

2:20-13575


Hallmark Ventures, LLC


Chapter 11


#7.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 1


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Hallmark Ventures, LLC Represented By Ronald W Ask

10:00 AM

2:20-13575


Hallmark Ventures, LLC


Chapter 11


#8.00 Debtor's Application to Employ Ronald W. Ask, Elder Law Center, PC Nunc Pro Tun as General Counsel and to Pay Post Petition Retainers


Docket 14


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Hallmark Ventures, LLC Represented By Ronald W Ask

10:00 AM

CONT...


Hallmark Ventures, LLC


Chapter 11

11:00 AM

2:12-50259


Hansen Freightlines Incorporated


Chapter 11


#100.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 10/7/20 @ 11AM

Courtroom Deputy:

6/1/2020 - Krikor J. Meshefejian, (310) 229-1234, has been approved for telephonic appearance on 6/3/20 @ 11am


Tentative Ruling:

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

CONT...


Hansen Freightlines Incorporated


Chapter 11

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Hansen Freightlines Incorporated Represented By

David L. Neale Krikor J Meshefejian

11:00 AM

2:14-21184


Tower General Contractors


Chapter 11


#101.00 Status Conference re: Objection to Claim Number 41 by Claimant Pasadena Hospital Association, LTD., dba Huntington Hospital


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

*** VACATED *** REASON: CONT'D. TO 8/5/20 @ 11AM

Courtroom Deputy:

6/2/20 - Jeffrey Shinbrot, (310)659-5444, has been approved for telephonic appearance on 6/3/20 @ 11am

Tentative Ruling:

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

CONT...


Tower General Contractors


Chapter 11

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

CONT...


Tower General Contractors


Chapter 11

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.


Party Information

Debtor(s):

Tower General Contractors Represented By Jeffrey S Shinbrot

11:00 AM

CONT...

Movant(s):


Tower General Contractors


Chapter 11

Tower General Contractors Represented By Jeffrey S Shinbrot

11:00 AM

2:14-21184


Tower General Contractors


Chapter 11


#102.00 Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 8/5 20 @ 11AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Tower General Contractors


Chapter 11

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

CONT...


Tower General Contractors


Chapter 11


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

CONT...


Tower General Contractors


Chapter 11

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.


Party Information

Debtor(s):

Tower General Contractors Represented By Jeffrey S Shinbrot

Movant(s):

Tower General Contractors Represented By Jeffrey S Shinbrot

11:00 AM

2:16-18301


TCC General Contracting, Inc.


Chapter 11


#103.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 7/15/20 @ 11AM

Courtroom Deputy:

5/27/20 - Steven Fox, (818)774-3545, has been approved for telephonic appearnace on 6/3/20 @ 11am

Tentative Ruling:

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

CONT...


TCC General Contracting, Inc.


Chapter 11

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

CONT...


TCC General Contracting, Inc.


Chapter 11

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.



Party Information

Debtor(s):

TCC General Contracting, Inc. Represented By Steven R Fox

Amelia Puertas-Samara

11:00 AM

CONT...


TCC General Contracting, Inc.


Chapter 11

11:00 AM

2:16-24862


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor


Chapter 11


#104.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: 4/29/20 - FINAL DECREE ENTERED. 5/15/20 CASE CLOSED

Courtroom Deputy:

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.

Tentative Ruling:

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

CONT...


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor


Chapter 11

(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

CONT...


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor


Chapter 11


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.

Party Information

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

CONT...


NG DIP INC.(f/k/a Nasty Gal, Inc. a California Cor

David B Shemano


Chapter 11

11:00 AM

2:20-11846


Deco Enterprises, Inc.


Chapter 11


#105.00 Debtor's Motion For Order Authorizing Debtor And Debtor In Possession To Use Cash Collateral


Docket 155

*** VACATED *** REASON: 5/28/20 - STIPULATED ORDER SIGNED.

Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Deco Enterprises, Inc. Represented By Raymond H. Aver

11:00 AM

2:20-11846


Deco Enterprises, Inc.


Chapter 11


#106.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 4-8-20

Docket 1

*** VACATED *** REASON: CONT'D. TO 7/14/20 @ 2PM

Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

11:00 AM

CONT...

Debtor(s):


Deco Enterprises, Inc.


Chapter 11

Deco Enterprises, Inc. Represented By Raymond H. Aver

2:00 PM

2:02-14216


Jt Thorpe Inc


Chapter 11


#200.00 Motion to Approve and Settle J.T. Thorpe Settlement Trust's Fourteenth Annual Report and Accounting, Audited Financial Statements, and Claim Report


Docket 1844


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.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

CONT...


Jt Thorpe Inc


Chapter 11

TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.


Grant motion. Approve annual accounting

Party Information

Debtor(s):

Jt Thorpe Inc Represented By

Brian L Davidoff Michael H Ahrens Charles J Malaret

2:00 PM

2:02-14216


Jt Thorpe Inc


Chapter 11


#201.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

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

Tentative Ruling:

2:00 PM

CONT...


Jt Thorpe Inc


Chapter 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.


Continue this status conference to a date that can serve as date of hearing on next annual report and accounting.

Party Information

Debtor(s):

Jt Thorpe Inc Represented By

Jeanne

C

Wanlass

Brian

L

Davidoff

Michael

H

Ahrens

Charles

J

Malaret

2:00 PM

2:07-20016


Pacific Insulation Company


Chapter 11


#202.00 Motion to Approve and Settle Thorpe Insulation Company Asbestos Settlement Trusts Tenth Annual Report and Accounting, Audited Financial Statements, and Claim Report


Docket 159


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) 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

CONT...


Pacific Insulation Company


Chapter 11

INFORMATION SET FORTH UNDER THE TELEPHONIC INSTRUCTIONS TAB ON JUDGE BLUEBOND'S PAGE ON THE COURT'S WEBSITE.


Grant motion. Approve annual accounting.

Party Information

Debtor(s):

Pacific Insulation Company Represented By John A Lapinski

Leslie R Horowitz

2:00 PM

2:07-20016


Pacific Insulation Company


Chapter 11


#203.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


fr. 6-4-14, 6-3-15, 6-8-16, 6-7-17, 6-13-18, 6-12-19


Docket 1


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (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

CONT...


Pacific Insulation Company


Chapter 11

4 P.M. ON THE DAY 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.

Party Information

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

2:19-20332


West Coast Distribution, Inc.


Chapter 11


#204.00 Confirmation Hearing re: Debtor's Second Amended Liquidating Plan (Dated March 16, 2020)


Docket 274


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Debtor(s):


West Coast Distribution, Inc.

Party Information


Chapter 11

West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith

Merhab, Robinson & Clakson, Law

2:00 PM

2:19-20332


West Coast Distribution, Inc.


Chapter 11


#205.00 Scheduling and Case Management Conference in a Chapter 11 Case fr.10-16-19, 1-15-20, 3-18-20, 3-26-20

Docket 87


Courtroom Deputy:

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


Tentative Ruling:

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

CONT...


West Coast Distribution, Inc.


Chapter 11

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.


Party Information

Debtor(s):

West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#206.00 Debtor's Motion For Entry Of An Order Approving Disclosure Statement Describing Debtor's Chapter 11 Plan Of Reorganization, Dated March 18, 2020


fr. 4-29-20


Docket 120


Courtroom Deputy:

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:

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

CONT...


Settlers Jerky Inc.


Chapter 11


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.

Party Information

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

2:19-22339


Settlers Jerky Inc.


Chapter 11


#207.00 Debtor's Disclosure Statement Describing Debtor's Plan Of Reorganization,

Dated March 18, 2020


fr. 4-29-20


Docket 119

*** VACATED *** REASON: 5/22/20 - AMENDED DISCLOSURE STATEMENT FILED.

Courtroom Deputy:

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:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#207.10 Debtor's First Amended Disclosure Statement Describing Debtor's Plan Of Reorganization, Dated March 18, 2020


Docket 142


Courtroom Deputy:

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:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#208.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 12-11-19, 3-18-20, 3-26-20, 4-29-20

Docket 1


Courtroom Deputy:

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:

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

CONT...


Settlers Jerky Inc.


Chapter 11

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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

10:00 AM

2:18-22731


ERIN JEON and Jong Kim


Chapter 7


#1.00 Motion to Amend Order on Motion to Reopen Case


Docket 60

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

2:18-18628


Gustavo Alfredo Meza and Jessica Rose Murphy


Chapter 7


#100.00 Reaffirmation Agreement Between Debtor and Ally Bank


Docket 43


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Gustavo Alfredo Meza and Jessica Rose Murphy

Party Information


Chapter 7

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

2:18-23985


Elvira Garcia Lobusta


Chapter 7


#101.00 Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation


Docket 97


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Elvira Garcia Lobusta


Chapter 7


CALL WITH MATTER 102.

Party Information

Debtor(s):

Elvira Garcia Lobusta Represented By Caroline S Kim

Trustee(s):

David M Goodrich (TR) Pro Se

11:00 AM

2:18-23985


Elvira Garcia Lobusta


Chapter 7


#102.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


Docket 99


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Elvira Garcia Lobusta

Party Information


Chapter 7

Elvira Garcia Lobusta Represented By Caroline S Kim

Trustee(s):

David M Goodrich (TR) Pro Se

11:00 AM

2:19-13664


Raquel Alvarado


Chapter 7


#103.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


Docket 40

*** VACATED *** REASON: NO APPEARANCE REQUIRED. COURT APPROVAL IS NOT REQUIRED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


NO APPEARANCE REQUIRED. DEBTOR'S COUNSEL SIGNED AGREEMENT AND CHECKED BOX. COURT APPROVAL IS NOT REQUIRED.

Party Information

11:00 AM

CONT...

Debtor(s):


Raquel Alvarado


Chapter 7

Raquel Alvarado Represented By Matthew D. Resnik

Trustee(s):

Elissa Miller (TR) Pro Se

11:00 AM

2:19-22451


Manuel A Deras and Cecilia Deras


Chapter 7


#104.00 Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corp


Docket 11


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Manuel A Deras and Cecilia Deras

Party Information


Chapter 7

Manuel A Deras Pro Se

Joint Debtor(s):

Cecilia Deras Pro Se

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

11:00 AM

2:19-22487


Audwin Gene McCoy


Chapter 7


#105.00 Reaffirmation Agreement Between Debtor and Gateway One Lending & Finance, LLC


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Audwin Gene McCoy


Chapter 7


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.

Party Information

Debtor(s):

Audwin Gene McCoy Represented By Daniel King

Trustee(s):

David M Goodrich (TR) Pro Se

11:00 AM

2:19-23078


Elio Ernesto Aleman


Chapter 7


#106.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Elio Ernesto Aleman


Party Information


Chapter 7

Elio Ernesto Aleman Represented By Daniel King

Trustee(s):

John P Pringle (TR) Pro Se

11:00 AM

2:19-23315


Antony Calix Garcia


Chapter 7


#107.00 Reaffirmation Agreement Between Debtor and US Bank National Association


Docket 16

*** VACATED *** REASON: CONT'D. TO 8/6/20 @ 10AM BEFORE JUDGE ROBLES.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

OFF CALENDAR. CONTINUED TO AUGUST 6, 2020 AT 10:00 A.M. BEFORE JUDGE ROBLES.

Party Information

Debtor(s):

Antony Calix Garcia Pro Se

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

11:00 AM

2:19-23569


Albert Anthony Morales, Jr. and Arely Morales


Chapter 7


#108.00 Reaffirmation Agreement Between Debtor and Pacific Federal Credit Union


Docket 11


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


Tentative Ruling for June 4, 2020

Deny approval. Not on mandatory form.

Party Information

11:00 AM

CONT...

Debtor(s):


Albert Anthony Morales, Jr. and Arely Morales


Chapter 7

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

2:19-23569


Albert Anthony Morales, Jr. and Arely Morales


Chapter 7


#109.00 Reaffirmation Agreement Between Debtor and TD Retail Card Services/Robbins Bros.


Docket 14


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Albert Anthony Morales, Jr. and Arely Morales

Party Information


Chapter 7

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

2:19-23728


Tamera Anne Lawrence


Chapter 7


#110.00 Reaffirmation Agreement Between Debtor and Navy Federal Credit Union


Docket 12


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Tamera Anne Lawrence


Chapter 7


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.



Party Information

Debtor(s):

Tamera Anne Lawrence Pro Se

Trustee(s):

David M Goodrich (TR) Pro Se

11:00 AM

2:19-23742


Tania Noemi Arenas


Chapter 7


#111.00 Reaffirmation Agreement Between Debtor and Daimler Trust


Docket 11


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


Tentative Ruling for June 4, 2020:

Deny approval. Debtor is co-signor only and not driving vehicle or making payments.

Party Information

11:00 AM

CONT...

Debtor(s):


Tania Noemi Arenas


Chapter 7

Tania Noemi Arenas Represented By

Michael H Colmenares

Trustee(s):

Heide Kurtz (TR) Pro Se

11:00 AM

2:19-23777


Elizabeth Damato


Chapter 7


#112.00 Reaffirmation Agreement Between Debtor and Balboa Thrift & Loan


Docket 23


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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.



Party Information

11:00 AM

CONT...

Debtor(s):


Elizabeth Damato


Chapter 7

Elizabeth Damato Pro Se

Trustee(s):

David M Goodrich (TR) Pro Se

11:00 AM

2:19-24227


Hipatia Aguirre


Chapter 7


#113.00 Reaffirmation Agreement Between Debtor and Bank of America, N.A.


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


Tentative Ruling for June 4, 2020:

Deny approval. Debtor is co-signor only and not driving vehicle or making payments.



Party Information

11:00 AM

CONT...

Debtor(s):


Hipatia Aguirre


Chapter 7

Hipatia Aguirre Represented By

Michael H Colmenares

Trustee(s):

Jason M Rund (TR) Pro Se

11:00 AM

2:19-24264


Eric Morales and Marykate Lorraine Morales


Chapter 7


#114.00 Reaffirmation Agreement Between Debtor and Logix Federal Credit Union


Docket 17


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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.



Party Information

11:00 AM

CONT...

Debtor(s):


Eric Morales and Marykate Lorraine Morales


Chapter 7

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

2:19-24312


Neil Lee Abeyta


Chapter 7


#115.00 Reaffirmation Agreement Between Debtor and Wells Fargo Bank


Docket 11


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


Tentative Ruling for June 4, 2020:

Deny approval. Debtor does not drive car or make payments.



Party Information

11:00 AM

CONT...

Debtor(s):


Neil Lee Abeyta


Chapter 7

Neil Lee Abeyta Represented By Daniel King

Trustee(s):

Carolyn A Dye (TR) Pro Se

11:00 AM

2:19-24424


Jacobo Vargas


Chapter 7


#116.00 Reaffirmation Agreement Between Debtor and Snap-on Credit LLC


Docket 16


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


Party Information

Debtor(s):

Jacobo Vargas Represented By Jose Cervantes

11:00 AM

CONT...

Trustee(s):


Jacobo Vargas


Chapter 7

Rosendo Gonzalez (TR) Pro Se

11:00 AM

2:19-24507


Lisa Way


Chapter 7


#117.00 Reaffirmation Agreement Between Debtor and JPMorgan Chase Bank, N.A.


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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.

Party Information

11:00 AM

CONT...

Debtor(s):


Lisa Way


Chapter 7

Lisa Way Pro Se

Trustee(s):

David M Goodrich (TR) Pro Se

11:00 AM

2:19-24611


Rocio Plazola


Chapter 7


#118.00 Reaffirmation Agreement Between Debtor and Kia Motors Finance


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Rocio Plazola


Party Information


Chapter 7

Rocio Plazola Pro Se

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

11:00 AM

2:19-24616


Taylor Smith


Chapter 7


#119.00 Reaffirmation Agreement Between Debtor and VW Credit, Inc.


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Taylor Smith


Chapter 7

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.



Party Information

Debtor(s):

Taylor Smith Pro Se

Trustee(s):

Timothy Yoo (TR) Pro Se

11:00 AM

2:19-24801


Emerson Noe Rivera


Chapter 7


#120.00 Reaffirmation Agreement Between Debtor and Capital One Auto Finance


Docket 12


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Emerson Noe Rivera


Party Information


Chapter 7

Emerson Noe Rivera Represented By Marlin Branstetter

Trustee(s):

Timothy Yoo (TR) Pro Se

11:00 AM

2:19-24806


Elizabeth Rodriguez


Chapter 7


#121.00 Reaffirmation Agreement Between Debtor and Logix Federal Credit Union


Docket 28


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Elizabeth Rodriguez


Party Information


Chapter 7

Elizabeth Rodriguez Represented By Caroline S Kim

Trustee(s):

Timothy Yoo (TR) Pro Se

11:00 AM

2:19-24840


Travis J. Takahashi


Chapter 7


#122.00 Reaffirmation Agreement Between Debtor and U.S. Bank National Association


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Travis J. Takahashi


Party Information


Chapter 7

Travis J. Takahashi Represented By Raymond H. Aver

Trustee(s):

Sam S Leslie (TR) Pro Se

11:00 AM

2:19-24895


Luis Alberto Hernandez


Chapter 7


#123.00 Reaffirmation Agreement Between Debtor and TD Auto Finance LLC


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Luis Alberto Hernandez

Party Information


Chapter 7

Luis Alberto Hernandez Represented By Michael E Clark

Trustee(s):

Sam S Leslie (TR) Pro Se

11:00 AM

2:19-25061


Javier Gonzalez Gonzalez, Jr.


Chapter 7


#124.00 Reaffirmation Agreement Between Debtor and American Honda Finance Corporation


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Javier Gonzalez Gonzalez, Jr.

Party Information


Chapter 7

Javier Gonzalez Gonzalez Jr. Represented By Heather J Canning

Trustee(s):

David M Goodrich (TR) Pro Se

11:00 AM

2:20-10167


Steven Lien


Chapter 7


#125.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


Docket 12


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Steven Lien


Party Information


Chapter 7

Steven Lien Pro Se

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

11:00 AM

2:20-10266


Chunyuan Liu


Chapter 7


#126.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


Docket 9


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Chunyuan Liu


Party Information


Chapter 7

Chunyuan Liu Represented By Maria W Tam

Trustee(s):

John P Pringle (TR) Pro Se

11:00 AM

2:20-10498


Thomas William Brubaker


Chapter 7


#127.00 Reaffirmation Agreement Between Debtor and Wescom Central Credit Union


Docket 9


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Thomas William Brubaker


Chapter 7

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.



Party Information

Debtor(s):

Thomas William Brubaker Represented By Daniel King

Trustee(s):

Timothy Yoo (TR) Pro Se

11:00 AM

2:20-10510


Mozafar Tabibnia and Elaheh Tabibnia


Chapter 7


#128.00 Reaffirmation Agreement Between Debtor and Daimler Trust


Docket 12


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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.)

Party Information

11:00 AM

CONT...

Debtor(s):


Mozafar Tabibnia and Elaheh Tabibnia


Chapter 7

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

2:20-10794


Filoted Rivera


Chapter 7


#129.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Filoted Rivera


Party Information


Chapter 7

Filoted Rivera Pro Se

Trustee(s):

Heide Kurtz (TR) Pro Se

11:00 AM

2:20-10987


Steve Lewis


Chapter 7


#130.00 Reaffirmation Agreement Between Debtor and Daimler Trust


Docket 10


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Steve Lewis


Party Information


Chapter 7

Steve Lewis Represented By

Allan D Sarver

Trustee(s):

Elissa Miller (TR) Pro Se

11:00 AM

2:20-11299


Evelyn M Lopez Turcios


Chapter 7


#131.00 Reaffirmation Agreement Between Debtor and CarMax Auto Finance


Docket 8


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Evelyn M Lopez Turcios


Chapter 7

able to remain current on the payments? Hearing required.



Party Information

Debtor(s):

Evelyn M Lopez Turcios Pro Se

Trustee(s):

Jason M Rund (TR) Pro Se

11:00 AM

2:20-11299


Evelyn M Lopez Turcios


Chapter 7


#132.00 Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation


Docket 18


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Evelyn M Lopez Turcios

Party Information


Chapter 7

Evelyn M Lopez Turcios Pro Se

Trustee(s):

Jason M Rund (TR) Pro Se

11:00 AM

2:20-11311


Justo Barbosa


Chapter 7


#133.00 Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation


Docket 8


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Debtor(s):


Justo Barbosa


Party Information


Chapter 7

Justo Barbosa Represented By Omar Zambrano

Trustee(s):

Timothy Yoo (TR) Pro Se

11:00 AM

2:20-11441


Kevin Huntelman


Chapter 7


#134.00 Reaffirmation Agreement Between Debtor and Harley-Davidson Credit Corp


Docket 15


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


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

CONT...


Kevin Huntelman


Chapter 7

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.


Party Information

Debtor(s):

Kevin Huntelman Pro Se

Trustee(s):

Carolyn A Dye (TR) Pro Se

11:00 AM

2:20-13153


Cesar James Nevarez and Francis Marie Nevarez


Chapter 7


#135.00 Reaffirmation Agreement Between Debtor and State Farm Bank, FSB C/O Twenty-One Eighty-Five, L.L.C.

[Presumption of Undue Hardship]


fr. 5-20-20


Docket 20


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for June 4, 2020 hearings on reaffirmation agreements will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1615019164 Meeting ID: 161 501 9164

Password: 468843


Join By Telephone

Dial: +1 (669)254-5252 US (San Jose) or +1(646)828-7666 US (New

York)

Meeting ID: 161 501 9164

Password: 468843


Tentative Ruling for June 4, 2020:

11:00 AM

CONT...


Cesar James Nevarez and Francis Marie Nevarez


Chapter 7

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.



Party Information

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

2:19-23085


Youth Policy Institute, Inc.


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Ford T150, VIN: 1FTYE2CM7GKA40878


MOVANT: FORD MOTOR CREDIT COMPANY, LLC.


Docket 127


Courtroom Deputy:


6/8/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 6/9/20 @ 10am


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).

Party Information

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

CONT...


Youth Policy Institute, Inc.


Keith Patrick Banner Jeffrey A Krieger


Chapter 7

10:00 AM

2:20-12833


Nathaniel Luis Anthony Fonnegra


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Funds contained in Debtor's Money Market Account.


MOVANT: LOGIX FEDERAL CREDIT UNION


Docket 25


Courtroom Deputy:

6/8/20 - Reilly Wilkinson, (415)491-8900, has been approved for telephonic appearance on 6/9/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).

Party Information

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

2:20-13605


KIVORK OHANES DONIKIAN


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Ford T350, VIN: 1FTRS4XGXJKB29106


MOVANT: FORD MOTOR CREDIT COMPANY LLC


Docket 33


Courtroom Deputy:

6/8/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 6/9/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

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

CONT...


KIVORK OHANES DONIKIAN


Chapter 7

10:00 AM

2:20-14291


Petra Boca


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2007 Hummer H3, VIN: 5GTD N13E 6782 29643


MOVANT: MECHANICS BANK


Docket 7


Courtroom Deputy:

6/8/20 - Vincent Frounjian, (818) 859-7511, has been approved for telephonic appearance on 6/9/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).

Party Information

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

2:16-19896


Lite Solar Corp.


Chapter 7

Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al


#200.00 Status Conference re: 12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Brad D. Krasnoff, Chapter 7 Trustee against Ranbir S Sahni, Totalis Energy, LLC.


Fr. 8-27-19, 10-1-19, 11-5-19, 12-10-19, 2-25-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 7/14/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Lite Solar Corp.


Chapter 7

July 14, 2020 at 2:00 pm. OFF CALENDAR FOR JUNE 9, 2020. NO APPEARANCE REQUIRED.

Party Information

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

2:19-12914


Mario David Lopez-Castanon


Chapter 7

Adv#: 2:20-01077 United States Trustee (LA) v. Lopez-Castanon


#201.00 Status Conference re: 41 (Objection / revocation of discharge - 727(c),(d),(e))) Complaint by United States Trustee (LA) against Mario David Lopez-Castanon


Docket 1


Courtroom Deputy:

6/8/20 - Kelly Morrison, (213)894-2603, has been approved for telephonic appearance on 6/9/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

CONT...

Trustee(s):


Mario David Lopez-Castanon


Chapter 7

Carolyn A Dye (TR) Pro Se

2:00 PM

2:19-12936


Shaoqiang Chen


Chapter 7

Adv#: 2:19-01185 Sallyport Commercial Finance, LLC v. Chen


#202.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Sallyport Commercial Finance, LLC against Steve Chen, Shaoqiang Chen, Shao Quian Chen, Chen Shaoqiang


fr. 8-27-19, 12-10-19, 3-10-20


Docket 1


Courtroom Deputy:

6/8/20 - Lori Eropkin, (405)395-0516, has been approved for telephonic appearance on 6/9/20 @ 2pm

Tentative Ruling:

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

CONT...


Shaoqiang Chen


Chapter 7


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.

Party Information

2:00 PM

CONT...

Debtor(s):


Shaoqiang Chen


Chapter 7

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

2:20-10049


Jaime J Andrachick


Chapter 7

Adv#: 2:20-01079 Davis v. Andrachick


#203.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(61 (Dischargeability - 523(a)(5), domestic support)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)) Complaint by Shaun Davis against Jaime J Andrachick


Docket 1


Courtroom Deputy:

6/8/20 - Keith Higgenbotham, (213)840-7800, has been approved for telephonic appearance on 6/9/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Jaime J Andrachick Represented By Jaenam J Coe

Defendant(s):

Jaime J Andrachick Pro Se

2:00 PM

CONT...


Jaime J Andrachick


Chapter 7

Plaintiff(s):

Shaun Davis Represented By

David Brian Lally

Trustee(s):

John J Menchaca (TR) Pro Se

2:00 PM

2:20-10969


Sherrie Nicole Lockhart-Johnson


Chapter 7

Adv#: 2:20-01073 Willard v. Lockhart-Johnson


#204.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Sharlene Willard against Sherrie Nicole Lockhart-Johnson


Docket 1

*** VACATED *** REASON: CONT'D. TO 6/16/20 @ 2PM

Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Sherrie Nicole Lockhart-Johnson Represented By

Michael Okayo

Defendant(s):

Sherrie Nicole Lockhart-Johnson Pro Se

2:00 PM

CONT...


Sherrie Nicole Lockhart-Johnson


Chapter 7

Plaintiff(s):

Sharlene Willard Pro Se

Trustee(s):

Sam S Leslie (TR) Pro Se

2:00 PM

2:20-11101


Jessika Andrea Barreto


Chapter 7

Adv#: 2:20-01078 Martinez v. Barreto et al


#205.00 Status Conference re: 13 (Recovery of money/property - §548 fraudulent transfer; 21-Validity, priority or extent of lien or other interest in property; 91- Declaratory judgment; Complaint by Claudia Margarita Martinez against Jessika Andrea Barreto, Grettel Ballestreros


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Jessika Andrea Barreto Represented By Donald E Iwuchuku

2:00 PM

CONT...


Jessika Andrea Barreto


Chapter 7

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

2:19-14578


Rachel Louise Carlsen


Chapter 7

Adv#: 2:19-01201 Guirguis et al v. Carlsen et al


#206.00 Cross Defendant Mark Guirguis' Motion to Strike Second Amended Cross- Complaint


Docket 71


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Rachel Louise Carlsen


Chapter 7

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.

Party Information

Debtor(s):

Rachel Louise Carlsen Pro Se

Defendant(s):

Rachel Louise Carlsen Pro Se

Movant(s):

Mark Guirguis Represented By

2:00 PM

CONT...


Rachel Louise Carlsen


Candice Candice Bryner


Chapter 7

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

2:20-13671


Alejandro Baron


Chapter 7


#1.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation

[Presumption of Undue Hardship]


Docket 8


Courtroom Deputy:

6/9/20 - Michael Colmenares, (562)879-0653, has been approved for telephonic appearance on 6/10/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

2:18-16688


Samuel Michael Saber


Chapter 7


#2.00 Debtor's Application to Employ The Orantes Law Firm, P.C. as General Insolvency Counsel As of March 30, 2020


Docket 412


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

10:00 AM

CONT...


Samuel Michael Saber


Chapter 7

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.

Party Information

Debtor(s):

Samuel Michael Saber Represented By Giovanni Orantes

Trustee(s):

John J Menchaca (TR) Represented By Elissa Miller

10:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#3.00 Debtor and Debtor in Possession's Motion Authorizing it to Enter Into Payroll Protection Program Agreement with Wells Fargo Bank, N.A. or in the Alternative, Authorizing the Dismissal of Debtors Bankruptcy Case Without a Bar to Refiling


Docket 228

*** VACATED *** REASON: CONT'D. TO 7/1/20 @ 11AM

Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

10:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

Debtor(s):

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan

10:00 AM

CONT...


J. Robert Scott, Inc.


James R Selth Crystle Jane Lindsey


Chapter 11

10:00 AM

2:19-21726


Grandview Hills LLC


Chapter 11


#4.00 Debtor's Objection to Claim #6 by Claimant Tymeout LP, Etc., Et.Al.. in the amount of $1964543.14


Docket 66


Courtroom Deputy:

5/28/20 - Louis Esbin, (661)305-8995, has been approved for telephonic appearance on 6/10/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

10:00 AM

CONT...


Grandview Hills LLC


Chapter 11

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):


Party Information

Grandview Hills LLC Represented By Louis J Esbin

Movant(s):

Grandview Hills LLC Represented By Louis J Esbin

11:00 AM

2:16-13852


East Coast Foods, Inc.


Chapter 11


#100.00 Status Conference re: USDC Appeal Judgment RE: Appeal USDC Number: 2:18-cv-10098-MWF - Ruling: Affirmed, Reversed, and Remanded


fr. 3-18-20


Docket 1337

*** VACATED *** REASON: CONT'D. TO 8/5/20 @ 11AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

Party Information

Debtor(s):

East Coast Foods, Inc. Represented By Vahe Khojayan Philip E Strok

Michael Jay Berger

11:00 AM

CONT...

Trustee(s):


East Coast Foods, Inc.


Chapter 11

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

2:20-13575


Hallmark Ventures, LLC


Chapter 11


#101.00 Debtor's Application to Employ Ronald W. Ask, Elder Law Center, PC Nunc Pro Tun as General Counsel and to Pay Post Petition Retainers


fr. 6-3-20


Docket 14


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

11:00 AM

CONT...


Hallmark Ventures, LLC


Chapter 11

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.

Party Information

Debtor(s):

Hallmark Ventures, LLC Represented By Ronald W Ask

11:00 AM

2:16-19896


Lite Solar Corp.


Chapter 7


#102.00 Trustee's Motion:


  1. to Approve Compromises and Settlements with Oregon Defendants in Two Adversary Proceedings


  2. for Authority to Pay Special Counsel's Contingency Fee and Costs fr. 6-3-20

Docket 378


Courtroom Deputy:

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



Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO

11:00 AM

CONT...


Lite Solar Corp.


Chapter 7

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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)

  1. Sustain (lack of foundation)

  2. Sustain (lack of foundation)

  3. Sustain (lack of personal knowledge)

  4. Sustain (lack of foundation)

  5. Overrule

  6. Overrule

  7. Sustain (lack of foundation)

  8. Overrule as to first sentence. Sustain as to balance (lack of foundation)

  9. Sustain (lack of foundation)

  10. 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

    11:00 AM

    CONT...


    Lite Solar Corp.


    Chapter 7

    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.)



    Party Information

    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

    2:16-19896


    Lite Solar Corp.


    Chapter 7


    #150.00 Trustee's Motion:


    1. to Approve Compromises and Settlements with Oregon Defendants in Two Adversary Proceedings


    2. for Authority to Pay Special Counsel's Contingency Fee and Costs fr. 6-3-20

Docket 378


Courtroom Deputy:

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



Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO

12:30 PM

CONT...


Lite Solar Corp.


Chapter 7

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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)

  1. Sustain (lack of foundation)

  2. Sustain (lack of foundation)

  3. Sustain (lack of personal knowledge)

  4. Sustain (lack of foundation)

  5. Overrule

  6. Overrule

  7. Sustain (lack of foundation)

  8. Overrule as to first sentence. Sustain as to balance (lack of foundation)

  9. Sustain (lack of foundation)

  10. 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

12:30 PM

CONT...


Lite Solar Corp.


Chapter 7

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.)



Party Information

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

2:17-17477


JUNG SHUP SIM


Chapter 7


#200.00 Trustee's Final Report and Applications for Compensation


Docket 119

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.


Party Information

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

2:19-21108


Maria Rojo


Chapter 7


#201.00 Trustee's Final Report and Applications for Compensation


Docket 31

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Maria Rojo Represented By

D Justin Harelik

Trustee(s):

Wesley H Avery (TR) Pro Se

2:00 PM

2:18-20868


Regdalin Properties, LLC


Chapter 11


#202.00 First Interim Application for Compensation and Reimbursement of Expenses for Berkeley Research Group, LLC, Accountant, Period: 11/5/2018 to 3/31/2020 [Fees requested: $43,938.50, Expenses: $112.57]


Docket 336

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Regdalin Properties, LLC Represented By Henrik Mosesi

2:00 PM

CONT...

Trustee(s):


Regdalin Properties, LLC


Chapter 11

R. Todd Neilson (TR) Represented By Peter J Mastan

Ashleigh A Danker

2:00 PM

2:18-20868


Regdalin Properties, LLC


Chapter 11


#203.00 Second Interim Application for Compensation and Reimbursement of Expenses for Development Specialists, Inc., Accountant, Period: 9/1/2019 to 4/30/2020 [Fees requeted: $73,575.50, Expenses: $108.12]


Docket 339

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

2:18-20868


Regdalin Properties, LLC


Chapter 11


#204.00 First Interim Application for Compensation and Reimbursement Of Expenses for

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

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

2:18-20868


Regdalin Properties, LLC


Chapter 11


#205.00 Second Interim Application for Compensation and Reimbursement Of Expenses for Dinsmore & Shohl LLP, Trustee's Attorney, Period: 9/1/2019 to 4/30/2020 [Fees requested: $109,348.50, Expenses: $11,734.55]


Docket 345

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

2:19-16397


Brand Brigade LLC


Chapter 11


#206.00 Final Application for Compensation and Reimbursement of Expense for Levene, Neale, Bender, Yoo & Brill LLP, Debtor's Attorney, Period: 5/31/2019 to 5/19/2020

[Fees requeseted: $208,099.50, Expenses: $4,071.59]


Docket 143

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

2:00 PM

2:19-16397


Brand Brigade LLC


Chapter 11


#207.00 First and Final Application for Compensation and Reimbursement of Expenses for The Shore Law Offices, Special Counsel, Period: 8/16/2019 to 5/19/2020, [Fees requested: $27,350.00, Expenses: $1,266.25]


Docket 144

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

10:00 AM

2:20-11958


LUZ E ENRIQUEZ


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Ram 2500, VIN: 3C6UR5NL2JG295856


MOVANT: TD AUTO FINANCE, LLC.


Docket 22


Courtroom Deputy:

6/15/20 - Jennifer Wang, (714)431-1058, has been approved for telephonic appearance on 6/16/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

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

CONT...

Trustee(s):


LUZ E ENRIQUEZ


Chapter 7

Peter J Mastan (TR) Pro Se

10:00 AM

2:20-12833


Nathaniel Luis Anthony Fonnegra


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Ford Fiesta, VIN: 3FADP4GX6KM110855 .


MOVANT: FORD MOTOR CREDIT COMPANY, LLC.


Docket 27

*** VACATED *** REASON: 5/29/20 - VOLUNTARY DISMISSAL OF MOTION FILED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

CONT...

Trustee(s):


Nathaniel Luis Anthony Fonnegra


Chapter 7

David M Goodrich (TR) Pro Se

10:00 AM

2:20-14782


WOODEN BAKERY INC


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Equipment - See Exhibit A


MOVANT: UTICA LEASOCO, LLC.


Docket 9


Courtroom Deputy:

6/15/20 - Raffi Khatchadourian, (818)501-3800 x 107, has been approved for telephonic appearance on 6/16/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.


Party Information

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

2:17-11401


Karine Kenaraki Mansoorian


Chapter 7

Adv#: 2:19-01044 Dye v. Babaie et al


#200.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Carolyn Dye against David Babaie, Keto Development Group, LLC.


fr. 4-9-19, 5-7-19, 9-17-19, 11-12-19, 1-14-20, 3-17-20, 4-29-20


Docket 1

*** VACATED *** REASON: 5/21/20 - ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Karine Kenaraki Mansoorian


Chapter 7

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

CONT...


Karine Kenaraki Mansoorian


Chapter 7

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.

Party Information

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

2:18-20688


Raymond A Fernandez


Chapter 7

Adv#: 2:19-01518 Goodrich v. Fernandez


#201.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)), 14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Gesmundo, Alastair)


fr. 2-25-20, 5-12-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 7/14/20 @ 2PM

Courtroom Deputy:

4/7/20 - Another summons issued.

Tentative Ruling:

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.

Party Information

Debtor(s):

Raymond A Fernandez Represented By Christie Cronenweth

Defendant(s):

Imelda Merton Fernandez Represented By Shai S Oved

2:00 PM

CONT...


Raymond A Fernandez


Chapter 7

Plaintiff(s):

David M Goodrich Represented By

Alastair M Gesmundo

Trustee(s):

David M Goodrich (TR) Represented By Richard H Golubow

2:00 PM

2:18-22731


ERIN JEON


Chapter 7

Adv#: 2:20-01095 Suerte Holdings, LLC v. JEON


#202.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (65 (Dischargeability - other)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) Complaint by Suerte Holdings, LLC against Erin Jeon


Docket 1

*** VACATED *** REASON: CONT'D. TO 6/30/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

ERIN JEON Represented By

Jaenam J Coe Gilad Berkowitz

Defendant(s):

ERIN JEON Represented By

Jaenam J Coe

2:00 PM

CONT...


ERIN JEON


Chapter 7

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

2:19-12504


Edward J. Herzstock


Chapter 7

Adv#: 2:19-01170 Farwell v. Herzstock


#203.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(41 (Objection / revocation of discharge - 727(c),(d),(e))),(14 (Recovery of money/property - other)) Complaint by Alec Farwell against Edward

J. Herzstock


fr. 8-27-19, 12-3-19, 3-10-20


Docket 1


Courtroom Deputy:

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:

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

CONT...


Edward J. Herzstock


Chapter 7


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

CONT...


Edward J. Herzstock


Chapter 7


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.

Party Information

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

2:19-12504


Edward J. Herzstock


Chapter 7

Adv#: 2:19-01171 Chasse v. Herzstock


#204.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Kyle Chasse against Edward J. Herzstock.


fr. 8-27-19, 12-3-19, 3-10-20


Docket 1


Courtroom Deputy:

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:

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

CONT...


Edward J. Herzstock


Chapter 7


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

CONT...


Debtor(s):


Edward J. Herzstock


Party Information


Chapter 7

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

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01172 XMI FINANCIAL SERVICES, LLC, a Limited Liability C v. Avakian


#205.00 Status Conference re: 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (68 - Dischargeability - 523(a)(6), willful and malicious injury,Complaint by Stephen Jenkins, Esq. XMI Financial Services, LLC. against Sergik Avakian


fr. 8-27-19, 12-3-19, 3-10-20


Docket 1


Courtroom Deputy:

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.


Tentative Ruling:

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

CONT...


Sergik Avakian


Chapter 7


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.

Party Information

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

CONT...


Trustee(s):


Sergik Avakian


Matthew D. Resnik


Chapter 7

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01175 TCF EQUIPMENT FINANCE, a Division of TCF NATIONAL v. Avakian


#206.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by TCF Equipment Finance, a Division of TCF National Bank against Sergik Avakian


fr. 8-27-19, 12-3-19, 3-10-20


Docket 1


Courtroom Deputy:

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.

Tentative Ruling:

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

CONT...


Sergik Avakian


Chapter 7


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.

Party Information

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

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01176 Siemens Financial Services, Inc., a Delaware corpo v. Avakian


#207.00 Status Conference re: 68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Siemens Financial Services, Inc., Siemens Financial Services Inc against Sergik Avakian


fr. 8-27-19, 12-3-19, 3-10-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 9/15/20 @ 2PM

Courtroom Deputy:

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.

Tentative Ruling:

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

CONT...


Sergik Avakian


Chapter 7

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.

Party Information

Debtor(s):

Sergik Avakian Represented By Matthew D. Resnik

Defendant(s):

Sergik Avakian Represented By Matthew D. Resnik

2:00 PM

CONT...


Sergik Avakian


Chapter 7

Plaintiff(s):

Siemens Financial Services, Inc., a Represented By

Valerie Bantner Peo

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01177 Acra Machinery, Inc., a California corporation et v. Avakian


#208.00 Order To Show Cause Why Adversary Proceeding Should Not Be Dismissed For Failure To Prosecute


Docket 18


Courtroom Deputy:

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.

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Sergik Avakian Represented By Matthew D. Resnik

Defendant(s):

Sergik Avakian Represented By Matthew D. Resnik

2:00 PM

CONT...


Sergik Avakian


Chapter 7

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

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01177 Acra Machinery, Inc., a California corporation et v. Avakian


#209.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))Complaint by Acra Machinery, Inc. against Sergik Avakian


fr. 8-27-19, 12-3-19, 3-10-20


Docket 1


Courtroom Deputy:

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.

Tentative Ruling:

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

CONT...


Sergik Avakian


Chapter 7

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.

Party Information

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

CONT...

Trustee(s):


Sergik Avakian


Chapter 7

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:20-10969


Sherrie Nicole Lockhart-Johnson


Chapter 7

Adv#: 2:20-01073 Willard v. Lockhart-Johnson


#210.00 Defendant's Motion to Dismiss Complaint to Determine Non-Dischargability of Debt under 11 USC Section 523(a)(2)


Docket 5


Courtroom Deputy:

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.

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Debtor(s):


Sherrie Nicole Lockhart-Johnson

Party Information


Chapter 7

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

2:20-10969


Sherrie Nicole Lockhart-Johnson


Chapter 7

Adv#: 2:20-01073 Willard v. Lockhart-Johnson


#210.10 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Sharlene Willard against Sherrie Nicole Lockhart-Johnson


fr. 6-9-20


Docket 1


Courtroom Deputy:

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.

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Sherrie Nicole Lockhart-Johnson Represented By

Michael Okayo

2:00 PM

CONT...


Sherrie Nicole Lockhart-Johnson


Chapter 7

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

2:15-20351


CLARK WARREN BAKER


Chapter 7

Adv#: 2:15-01535 Murtagh v. BAKER et al


#211.00 Plaintiff James Murtagh, M.D.'s Motion for an Order:


  1. Reissuing a Warrant for Baker's Arrest Based on his ongoing Civil Contempt;


  2. Granting Bruce Anderson Permission to Log Into and Examine Baker's Online Accounts


  3. for Related Relief fr. 5-19-20

Docket 661


Courtroom Deputy:

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.



Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

  1. 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.)

  2. Sustain (hearsay).

  3. Overrule.

  4. Sustain (lack of foundation).

  5. Overrule.

  6. Overrule.


Murtagh Declaration

  1. Overrule.

  2. Sustain (hearsay).

  3. Sustain (lack of foundation).

  4. Overrule as to sentence about date on which index page became unavailable. Sustain as to balance (lack of foundation).

  5. Overrule.

  6. Sustain (best evidence).

  7. 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.

  8. Sustain (speculation).

  9. 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

CONT...


CLARK WARREN BAKER


Chapter 7

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.


Party Information

2:00 PM

CONT...

Debtor(s):


CLARK WARREN BAKER


Chapter 7

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

2:15-20351


CLARK WARREN BAKER


Chapter 7

Adv#: 2:15-01535 Murtagh v. BAKER et al


#212.00 Status Conference re: 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny) (68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by James Murtagh against Clark Warren Baker


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


Courtroom Deputy:

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.

Tentative Ruling:

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

CONT...


CLARK WARREN BAKER


Chapter 7


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

CONT...


CLARK WARREN BAKER


Chapter 7

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

CONT...


CLARK WARREN BAKER


Chapter 7


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

CONT...


CLARK WARREN BAKER


Chapter 7


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

CONT...


CLARK WARREN BAKER


Chapter 7

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

CONT...


CLARK WARREN BAKER


Chapter 7

866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.


Party Information

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

2:17-22151


Reliance Majestic Holdings LLC


Chapter 7


#1.00 Trustee's Omnibus Motion Objecting to Claim Number 8, 9 by Claimant Lions Gate Entertainment


fr. 5-6-20


Docket 65

*** VACATED *** REASON: MATTER RESCHEDULED TO 6/17/20 @ 11AM

Courtroom Deputy:

6/9/20 - Notice mailed to parties rescheduling hearing to JUNE 17, 2020 @ 11AM.

Tentative Ruling:

4/21/20 -- Court approved stipulation continuing hearing to June 17, 2020 at 2:00 p.m. OFF CALENDAR FOR MAY 6, 2020.

Party Information

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

2:19-14877


Eugene Hubbard, Jr.


Chapter 7


#100.00 Debtor's Motion to Avoid Lien with Upstream Capital Investments LLC


Docket 25


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Debtor(s):


Eugene Hubbard, Jr.


Party Information


Chapter 7

Eugene Hubbard Jr. Represented By Vernon R Yancy

Trustee(s):

Heide Kurtz (TR) Pro Se

11:00 AM

2:20-13562


Michael J Chase


Chapter 7


#101.00 Debtor's Motion to Dismiss Chapter 7 Case


Docket 16

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Michael J Chase Represented By Stella A Havkin

Trustee(s):

Brad D Krasnoff (TR) Pro Se

11:00 AM

2:18-17029


DDC Group, Inc.


Chapter 11


#102.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 9/16/20 @ 11AM

Courtroom Deputy:

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:

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

CONT...


DDC Group, Inc.


Chapter 11

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.

Party Information

Debtor(s):

DDC Group, Inc. Represented By

M. Jonathan Hayes

11:00 AM

2:19-16397


Brand Brigade LLC


Chapter 11


#103.00 Debtor's Motion For The Entry of A Final Decree and Order Closing Chapter 11 Case


Docket 149

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

11:00 AM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#104.00 Debtor's Motion For: Order Further Extending:


  1. Exclusivity Period For The Debtor To File A Plan Pursuant To 11 U.S.C. § 1121(e)(1)


  2. Time Fixed In 11 U.S.C. § 1129(e) Within Which The Plan Must Be Confirmed


Docket 147

Courtroom Deputy:

6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

11:00 AM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#104.10 Debtor's Motion For Entry Of An Order Approving Disclosure Statement Describing Debtor's Chapter 11 Plan Of Reorganization, Dated March 18, 2020


fr. 4-29-20, 6-3-20


Docket 120


Courtroom Deputy:

6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am

Tentative Ruling:

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

CONT...


Settlers Jerky Inc.


Chapter 11


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.

Party Information

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

2:19-22339


Settlers Jerky Inc.


Chapter 11


#104.20 Debtor's First Amended Disclosure Statement Describing Debtor's Plan Of Reorganization, Dated March 18, 2020


fr. 6-3-20


Docket 142

*** VACATED *** REASON: 6/5/20 - SECOND AMENDED DISCLOSURE STATMENT FILED

Courtroom Deputy:

6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By

11:00 AM

CONT...


Settlers Jerky Inc.


David L. Neale Krikor J Meshefejian


Chapter 11

11:00 AM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#104.30 Second Amended Disclosure Statement Disclosure Statement Describing Debtor's Second Amended Plan Of Reorganization, Dated March 18, 2020


Docket 152


Courtroom Deputy:

6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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):


Party Information

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

11:00 AM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#104.40 Scheduling and Case Management Conference in a Chapter 11 Case fr. 12-11-19, 3-18-20, 3-26-20, 4-29-20, 6-3-20

Docket 1


Courtroom Deputy:

6/12/20 - Krikor Meshefejian, (310)229-1234, has been approved for telephonic appearance on 6/17/20 @ 11am

Tentative Ruling:

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

CONT...


Settlers Jerky Inc.


Chapter 11

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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

11:00 AM

2:20-11547


Gennady Moshkovich


Chapter 11


#105.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 4-1-20, 4-2-20

Docket 1


Courtroom Deputy:

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

Tentative Ruling:

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

CONT...


Gennady Moshkovich


Chapter 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.


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.

Party Information

Debtor(s):

Gennady Moshkovich Represented By David B Golubchik Todd M Arnold

11:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#106.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: LASC No. EC 065 055 .


MOVANT: MEGUERDITCH PANOSSIAN fr. 5-5-20

Docket 177


Courtroom Deputy:

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:

11:00 AM

CONT...


MedCoast Medservice Inc.


Chapter 11

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.

Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

11:00 AM

CONT...

Movant(s):


MedCoast Medservice Inc.


Chapter 11

Idak Avakian Represented By

Richard T Baum

Meguerditch Panossian Represented By Richard T Baum

11:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#107.00 Debtor's Objection to Claim #17 of Merguerditch Panossian fr. 4-8-20, 4-15-20

Docket 157


Courtroom Deputy:

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:

Tentative Ruling for April 15, 2020:


PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO

11:00 AM

CONT...


MedCoast Medservice Inc.


Chapter 11

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

11:00 AM

CONT...


MedCoast Medservice Inc.


Chapter 11

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.

Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

Movant(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

11:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#108.00 Debtor's Objection to Claim #19 by Claimant Summit Bridge National Investments IV LLC. in the amount of $ 1770148


fr. 5-5-20


Docket 184


Courtroom Deputy:

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:

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

11:00 AM

CONT...


MedCoast Medservice Inc.


Chapter 11

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:

  1. Overrule. (The fact that someone disagrees with a witness's testimony or believes it to be inaccurate does not make that testimony inadmissible.)

  2. Overrule.

  3. Overrule. (Court understands this testimony as being to the best of declarant's knowledge.)

  4. Overrule.

  5. Overrule.

  6. Overrule.

  7. Overrule.

  8. Overrule as to first sentence. Sustain as to second sentence. (This is a legal conclusion.)

  9. Overrule.

  10. Sustain. (This is argument/a legal conclusion, albeit an accurate one.)


    Spiro Declaration:

  11. Overrule.

  12. Overrule. (Court understands this testimony as being to the best of declarant's knowledge.)

  13. Overrule as to first sentence. Sustain as to second sentence. (This is a legal conclusion.)

  14. Overrule.

    11:00 AM

    CONT...


    MedCoast Medservice Inc.


    Chapter 11

  15. Overrule.

  16. Overrule.

  17. Overrule.

  18. 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.

Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

Movant(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

11:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#109.00 Debtor's Objection to Claim #20 of Idak Avakian fr. 4-8-20, 4-15-20

Docket 158


Courtroom Deputy:

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:

Tentative Ruling for April 15, 2020:


PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO

11:00 AM

CONT...


MedCoast Medservice Inc.


Chapter 11

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


MedCoast Medservice Inc.


Chapter 11

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.

Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

Movant(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

11:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#110.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 10-2-19, 1-15-20, 4-15-20

Docket 1


Courtroom Deputy:

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:

9/16/19 -- Court approved stipulation between US Trustee and debtor concerning the appointment of a patient care ombudsman.

11:00 AM

CONT...


MedCoast Medservice Inc.


Chapter 11

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

CONT...


MedCoast Medservice Inc.


Chapter 11

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.

Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

Movant(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

11:00 AM

2:17-22151


Reliance Majestic Holdings LLC


Chapter 7


#111.00 Trustee's Omnibus Motion Objecting to Claim Number 8, 9 by Claimant Lions Gate Entertainment


fr. 5-6-20


Docket 65

*** VACATED *** REASON: 6/9/20 - STIPULATION APPROVED. OFF CALENDAR.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

2:19-23688


Pablo Meza


Chapter 11


#200.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 1-15-20, 3-11-20

Docket 1


Courtroom Deputy:

6/16/20 - Kenneth Lau, (818)794-7430has been approved for telephonic appearance on 6/17/20 @ 2pm.

Tentative Ruling:

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

CONT...


Pablo Meza


Chapter 11

866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Pablo Meza Pro Se


Thursday, June 18, 2020

Hearing Room

1645


11:00 AM

: Chapter 0

Misc#: 2:19-00109

#100.00 DISCIPLINARY PROCEEDING Against Alon Darvish fr. 4-30-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR. NO APPEARANCE REQUIRED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#1.00 Emergency Motion for Order Approving Establishment Of Adequate Assurance Payments With Respect To Debtors Utilities


Docket 16


Courtroom Deputy:

6/23//20 - Gregory K. Jones for Trustee (310) 429-9581 has been approved for telephonic appearance on 6/24/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Debtor(s):


Upgrade Labs Inc., a Delaware corporation

Party Information


Chapter 11

Upgrade Labs Inc., a Delaware Represented By Robert P Goe

Trustee(s):

Gregory Kent Jones (TR) Pro Se

10:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#2.00 Emergency Motion for Order Authorizing Maintenance Of Certain Pre-Petition Bank Accounts For 30 Days


Docket 18


Courtroom Deputy:

6/23//20 - Gregory K. Jones for Trustee (310) 429-9581 has been approved for telephonic appearance on 6/24/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe

Trustee(s):

Gregory Kent Jones (TR) Pro Se

10:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#3.00 Emergency Motion for Order Authorizing Payment Of Pre-Petition Employee Wages And Benefits


Docket 19


Courtroom Deputy:

6/23//20 - Gregory K. Jones for Trustee (310) 429-9581 has been approved for telephonic appearance on 6/24/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.


Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe

Trustee(s):

Gregory Kent Jones (TR) Pro Se

10:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#4.00 Emergency Motion to Extend Deadline to File Schedules or Provide Required Information, and/or Plan (Case Opening Documents)


Docket 23


Courtroom Deputy:

6/23//20 - Gregory K. Jones for Trustee (310) 429-9581 has been approved for telephonic appearance on 6/24/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe

Trustee(s):

Gregory Kent Jones (TR) Pro Se

10:00 AM

2:20-13433


Rafael Pedroza Zermeno


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 GMC Yukon, VIN # 1GKS1BKC8GR303028


MOVANT: ACAR LEASING LDT DBA GM FINANCIAL LEASING


Docket 12


Courtroom Deputy:

6/26/20 - Jennifer H. Wang, (714) 431-1058, has been approved for telephonic appearance on 6/30/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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)).

Party Information

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

CONT...

Trustee(s):


Rafael Pedroza Zermeno


Chapter 7

Edward M Wolkowitz (TR) Pro Se

10:00 AM

2:20-14561


Marcos S. Rivas


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Honda Accord, VIN # 1HGC R2F3 3HA1 49610


MOVANT: HONDA LEASE TRUST


Docket 8


Courtroom Deputy:

6/24/20 - Vincent V. Frounjian, Esq (818) 859-7511 has been approved for telephonic appearance on 6/25/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).

Party Information

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

2:20-14529


Seda Aroustamian


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 9439 Creemore Drive, Los Angeles (Tujunga Area), CA 91042


MOVANT: NDF1, LLC.


Docket 7


Courtroom Deputy:

6/29/20 - John C. Steele (949) 222-1161 ext 1101 has been approved for telephonic appearance on 6/30/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

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

CONT...


Seda Aroustamian


Chapter 7

10:00 AM

2:20-13924


Hector Carvallo, Jr.


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Chrysler 300, VIN# 2C3CCAAG9KH581023


MOVANT: TD AUTO FINANCE, LLC.


Docket 9


Courtroom Deputy:

6/26/20 - Jennifer H. Wang, (714) 431-1058, has been approved for telephonic appearance on 6/30/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

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

CONT...

Trustee(s):


Hector Carvallo, Jr.


Chapter 7

Jason M Rund (TR) Pro Se

10:00 AM

2:20-15066


April Fiege


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 27558 1/2 Violin Canyon Rd., Castaic, Ca 91384


MOVANT: TIME TRIAL INVESTMENT, SERIES 4 LLC


Docket 18


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).

Party Information

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

2:19-14758


Marco General Construction, Inc.


Chapter 11


#100.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 6-19-19, 9-18-19, 12-18-19, 4-1-20

Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Marco General Construction, Inc.


Chapter 11


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

CONT...


Marco General Construction, Inc.


Chapter 11

Deadline to file plan set by the Court is June 30, 2020. Will debtor meet that deadline? If not, why not? Hearing required.

Party Information

Debtor(s):

Marco General Construction, Inc. Represented By

Michael Jay Berger

2:00 PM

2:17-21775


Levon Isadzhanyan


Chapter 7

Adv#: 2:18-01430 Leslie (TR) v. Alaberdyan


#200.00 Status Conference re: 91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)) Complaint by Sam S. Leslie against Nina 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

*** VACATED *** REASON: 5/5/20 - ADV. DISMISSED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Levon Isadzhanyan


Chapter 7

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

CONT...


Levon Isadzhanyan


Chapter 7

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.

Party Information

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

2:18-22905


John Carroll


Chapter 7

Adv#: 2:19-01036 Garcia v. Carroll


#201.00 Status Conference re: 62 (Dischargeability - 523(a)(2) false pretenses, false representation, actual fraud)) Complaint by Joe "Joseph" Moises Garcia against John Carroll


fr. 4-9-19, 8-13-19, 11-12-19, 2-11-20, 4-28-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 9/1/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


John Carroll


Chapter 7


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

CONT...


John Carroll


Chapter 7


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.

Party Information

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

2:17-18256


Green-Light International, LLC


Chapter 7

Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al


#202.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy), Complaint by CAROLYN A DYE against Burgee & Abramoff, P.C., John Burgee, Robert Abramoff, Lanius Law & Associates, P.C., Joseph Lanius


fr. 8-27-19, 11-19-19, 12-17-19, 2-11-20


Docket 1


Courtroom Deputy:

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:

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

CONT...


Green-Light International, LLC


Chapter 7

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.


Party Information

Debtor(s):

Green-Light International, LLC Represented By David S Hagen

2:00 PM

CONT...


Green-Light International, LLC


Chapter 7

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

2:17-18256


Green-Light International, LLC


Chapter 7

Adv#: 2:19-01184 DYE v. de Gallegos et al


#203.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(13 (Recovery of money/property - 548 fraudulent transfer)),(13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Carolyn Dye against Jeffrey Norman Elliott, Max Charles Moore II,

Christian de Gallegos


fr. 8-27-19, 11-19-19, 12-17-19, 2-11-20


Docket 1


Courtroom Deputy:

6/29/20 - Steve Berman (727) 227-2332 has been approved for telephonic appearance on 6/30/20 @ 2pm

Tentative Ruling:

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

CONT...


Green-Light International, LLC


Chapter 7

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.

Party Information

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

CONT...


Green-Light International, LLC


Chapter 7

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

2:19-16993


Bradley M. Bronson


Chapter 7

Adv#: 2:19-01242 Cabrera v. Bronson


#204.00 Status Conference re: 68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Candido Cabrera, Bradley M. Bronson against Bradley M.

Bronson


fr. 10-1-19, 11-12-19, 3-17-20


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Bradley M. Bronson


Chapter 7

(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.

Party Information

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

CONT...

Trustee(s):


Bradley M. Bronson


Chapter 7

Rosendo Gonzalez (TR) Represented By Timothy J Yoo

2:00 PM

2:19-14219


Candina Marie Ozuna


Chapter 7

Adv#: 2:19-01330 Menchaca v. Ozuna et al


#205.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) Complaint by John J. Menchaca against Candina Marie Ozuna, David Ozuna,

Theresa Harden, Richard Harden fr. 11-5-19, 3-17-20

Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Candina Marie Ozuna


Chapter 7


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.

Party Information

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

CONT...


Candina Marie Ozuna


Chapter 7

Plaintiff(s):

John J. Menchaca Represented By David M Goodrich

Trustee(s):

John J Menchaca (TR) Represented By David M Goodrich

2:00 PM

2:20-10401


William K Spencer


Chapter 7

Adv#: 2:20-01103 Nolan v. Spencer


#206.00 Status Conference re: 62 (Dischargeability - 523(a)(2) false pretenses, false representation, actual fraud)) Complaint by Gwendolyn Nolan against William K Spencer


Docket 1


Courtroom Deputy:

6/29/20 - Gwendolyn Nolan (818) 660-1919 has been approved for telephonic appearance on 6/30/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

CONT...

Trustee(s):


William K Spencer


Chapter 7

Carolyn A Dye (TR) Pro Se

2:00 PM

2:18-22731


ERIN JEON


Chapter 7

Adv#: 2:20-01095 Suerte Holdings, LLC v. JEON


#207.00 Defendant's Motion to Dismiss Adversary Proceeding


Docket 8


Courtroom Deputy:

6/26/20 - Jennifer Housholder, (626) 744-,838 has been approved for telephonic appearance on 6/30/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


ERIN JEON


Chapter 7

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

CONT...


ERIN JEON


Chapter 7

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.)


Party Information

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

CONT...


ERIN JEON


Chapter 7

2:00 PM

2:18-22731


ERIN JEON


Chapter 7

Adv#: 2:20-01095 Suerte Holdings, LLC v. JEON


#207.10 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (65 (Dischargeability - other)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) Complaint by Suerte Holdings, LLC against Erin Jeon


fr. 6-16-20


Docket 1


Courtroom Deputy:

6/26/20 - Jennifer Housholder, (626) 744-,838 has been approved for telephonic appearance on 6/30/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

ERIN JEON Represented By

Jaenam J Coe Gilad Berkowitz

Defendant(s):

ERIN JEON Represented By

Jaenam J Coe

2:00 PM

CONT...


ERIN JEON


Chapter 7

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

2:19-24885


Kyunj Soo Wondji Bruny


Chapter 7

Adv#: 2:20-01066 Nitopi v. Bruny


#208.00 Plaintiff Cristina Nitopi's Motion for Summary Judgment Against Debtor Bruny, Holding Nondischargeable (Per Each of 11 U.S.C. 523(a)(2), (4) and (6))


Docket 10


Courtroom Deputy:

6/29/20 - Kathleen P. March (310) 559-9224 has been approved for telephonic appearance on 6/30/20 @ 2pm

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

2:00 PM

CONT...


Kyunj Soo Wondji Bruny


Chapter 7

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).

Party Information

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

2:19-24885


Kyunj Soo Wondji Bruny


Chapter 7

Adv#: 2:20-01066 Nitopi v. Bruny


#209.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Cristina Nitopi against Kyunj Soo Wondji Bruny


fr. 6-2-20


Docket 1


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

CONT...


Trustee(s):


Kyunj Soo Wondji Bruny


Kathleen P March


Chapter 7

Wesley H Avery (TR) Pro Se

10:00 AM

2:20-12473


Marlene Danielle Shelton


Chapter 7


#1.00 Debtor's Motion to Avoid Lien 5429.60 with Yolanda Melendrez


Docket 32


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Marlene Danielle Shelton Represented By Chirnese L Liverpool

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:20-11846


Deco Enterprises, Inc.


Chapter 11


#2.00 Debtor And Debtor In Possession's Application To Employ Mousavi & Lee, LLP, As Special Corporate And Litigation Counsel


Docket 184


Courtroom Deputy:

6/30/20 - Raymond Aver, (310) 571-3511 has been approved for telephonic appearance on 71/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Deco Enterprises, Inc. Represented By Raymond H. Aver

10:00 AM

2:18-16688


Samuel Michael Saber


Chapter 7


#3.00 Trustee's Motion for Extension of The 60-Day Period to Assume or Reject Executory Contracts and Unexpired Residential Real Property Leases (11

U.S.C. §365(d)(1))


Docket 499


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Samuel Michael Saber Represented By Giovanni Orantes

Trustee(s):

John J Menchaca (TR) Represented By Elissa Miller

11:00 AM

2:19-21726


Grandview Hills LLC


Chapter 11


#100.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 12-4-19, 3-4-20

Docket 1


Courtroom Deputy:

6/12/20 - Louis Esbin, (661)305-8995, has been approved for telephonic appearance on 7/1/20 @ 11am

Tentative Ruling:

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

CONT...


Grandview Hills LLC


Chapter 11


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.

Party Information

Debtor(s):

Grandview Hills LLC Represented By Louis J Esbin

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#101.00 Order to Appear and Show Cause Why Bankruptcy Case Should not be Dismissed or Converted based on Continuing Decline of Debtor's Operations


fr. 9-12-19, 9-26-19;12-3-19;12-4-19, 12-18-19, 4-1-20


Docket 135


Courtroom Deputy:

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:

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.

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11


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.

Party Information

Debtor(s):

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#102.00 Debtor and Debtor in Possession's Motion for an Order:


  1. Authorizing Use of Cash Collateral in Accordance with its Proposed Budget


  2. Granting Replacement Liens


Docket 239


Courtroom Deputy:

6/29/20 - Kenneth G. Lau (818) 794-7430 has been approved for telephonic appearance on 6/30/20 @ 11am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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):


Party Information

J. Robert Scott, Inc. Represented By

11:00 AM

CONT...


Movant(s):


J. Robert Scott, Inc.


Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey


Chapter 11

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#103.00 Debtor and Debtor in Possession's Motion Authorizing it to Enter Into Payroll Protection Program Agreement with Wells Fargo Bank, N.A. or in the Alternative, Authorizing the Dismissal of Debtors Bankruptcy Case Without a Bar to Refiling


fr. 6-10-20


Docket 228


Courtroom Deputy:

6/29/20 - Kenneth G. Lau (818) 794-7430 has been approved for telephonic appearance on 6/30/20 @ 11am

Tentative Ruling:

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

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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:

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11


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

11:00 AM

CONT...


J. Robert Scott, Inc.

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.


Chapter 11


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:


  1. 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?

    11:00 AM

    CONT...


    J. Robert Scott, Inc.


    Chapter 11

  2. 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?


  3. 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?


  4. 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).


  5. 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

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

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

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#104.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

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:

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.

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

11:00 AM

CONT...

Debtor(s):


J. Robert Scott, Inc.


Chapter 11

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#105.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: $374,170 in Debtor's Account. [OST]


MOVANT: WELLS FARGO BANK, NA


Docket 249


Courtroom Deputy:

6/29/20 - Kenneth G. Lau (818) 794-7430 has been approved for telephonic appearance on 6/30/20 @ 11am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

2:15-24678


Soames Lane Trust


Chapter 7


#200.00 Trustee's Final Report and Applications for Compensation


Docket 189


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.


Party Information

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

2:18-11963


Aaron White


Chapter 7


#201.00 Trustee's Final Report and Applications for Compensation


Docket 59


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.


Party Information

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

2:18-22778


Paula Gaddis Keating


Chapter 7


#202.00 Trustee's Final Report and Applications for Compensation


Docket 28


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.


Party Information

Debtor(s):

Paula Gaddis Keating Represented By Nicholas M Wajda

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

2:00 PM

2:17-14276


Altadena Lincoln Crossing LLC


Chapter 7


#203.00 First and Final Application for Compensation and Reimbursement of Expenses for Salvato Law Offices as Bankruptcy Counsel for the Debtor for the period June 16, 2017 to March 13, 2020

[Fees requested: $1,235,440.00 and Expenses: $72,749.65]


Docket 1076


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

2:00 PM

CONT...


Altadena Lincoln Crossing LLC


Chapter 7

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.

Party Information

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

2:17-14276


Altadena Lincoln Crossing LLC


Chapter 7


#204.00 San Fernando Red's Application For Payment of Administrative Expenses


Docket 1071


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Altadena Lincoln Crossing LLC


Chapter 7


Deny motion.


Debtor(s):


Party Information

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

2:17-14276


Altadena Lincoln Crossing LLC


Chapter 7


#205.00 Application for Compensation and Reimbursement of Expenses for Justin P. Karczag and Encore Law Group LLP, Special Counsel, Period: 5/2/2019 to 5/29/2020

[Fees requested: $435000.00, Expenses: $2626.00]


Docket 1084


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

2:00 PM

CONT...


Altadena Lincoln Crossing LLC


Chapter 7

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].)

2:00 PM

CONT...


Altadena Lincoln Crossing LLC


Chapter 7

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.

Party Information

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

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#201.00 Order to Appear and Show Cause Why Bankruptcy Case Should not be Dismissed or Converted based on Continuing Decline of Debtor's Operations


fr. 9-12-19, 9-26-19;12-3-19;12-4-19, 12-18-19, 4-1-20, 7-1-20


Docket 135


Courtroom Deputy:

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:

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

2:00 PM

CONT...


J. Robert Scott, Inc.


Chapter 11

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

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

2:00 PM

CONT...

Debtor(s):


J. Robert Scott, Inc.


Chapter 11

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

2:00 PM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#200.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

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:

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

2:00 PM

CONT...


J. Robert Scott, Inc.


Chapter 11

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

2:00 PM

CONT...


J. Robert Scott, Inc.


Chapter 11

APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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?

Party Information

Debtor(s):

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

2:00 PM

CONT...


J. Robert Scott, Inc.


Chapter 11

10:00 AM

2:18-16688


Samuel Michael Saber


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 723 10th Street, Santa Monica, CA 90402


MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY


Docket 505


Courtroom Deputy:

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


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


Samuel Michael Saber


Chapter 7

Rulings on Movant's Evidentiary Objections:


(Original) Declaration of Jonathan Goldrich

  1. 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.


  2. 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

  1. 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.


  2. Overrule. Experts may rely on hearsay information.


Saber Declaration

  1. 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.


  2. Sustain for lack of foundation.


Amaya Declaration

  1. Overrule.

  2. 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.

10:00 AM

CONT...


Samuel Michael Saber


Chapter 7

(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.

Party Information

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

CONT...


Samuel Michael Saber


Elissa Miller


Chapter 7

10:00 AM

2:20-12639


Kimberly Maria Serrano


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Toyota Camry VIN# 4T1B11HK2JU103301


MOVANT: GLOBAL LENDING SERVICES, LLC.


Docket 12


Courtroom Deputy:


7/13/20 - Kirsten Martinez, (925)660-9895, has been approved for telephonic appearance on 7/14/20 @ 10am


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

Debtor(s):

Kimberly Maria Serrano Represented By Steven A Alpert

Movant(s):

Global Lending Services LLC Represented By Kirsten Martinez

10:00 AM

CONT...

Trustee(s):


Kimberly Maria Serrano


Chapter 7

Carolyn A Dye (TR) Pro Se

10:00 AM

2:20-13210


Gloria Angelica Lozano


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2004 MasterCraft X2 21, VIN # MBCA2PS4F404


MOVANT: MEDALLION BANK


Docket 14


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

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

2:20-14024


Rita Diaz


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2020 Nissan Rogue, VIN# JN8AT2MTLW007407


MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION


Docket 8


Courtroom Deputy:

7/13/20 - Kirsten Martinez, (925)660-9895, has been approved for telephonic appearance on 7/14/20 @ 10am

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).

Party Information

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

2:20-14152


Robert Reinbolz


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Dodge Charger, VIN: 2C3CDXBG7KH549928


MOVANT: SANTANDER CONSUMER USA, INC. DBA CHRYSLER CAPITAL


Docket 9

Courtroom Deputy:

7/10/20 - Jennifer H. Wang , (714) 431-1058, has been approved for telephonic appearance on 7/14/20 @ 10am


Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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).


Party Information

Debtor(s):

Robert Reinbolz Represented By Julie J Villalobos

Movant(s):

Santander Consumer USA Inc. dba Represented By

Sheryl K Ith

10:00 AM

CONT...

Trustee(s):


Robert Reinbolz


Chapter 7

Howard M Ehrenberg (TR) Pro Se

2:00 PM

2:17-17315


Premiere Medical Management Group, LLC


Chapter 7

Adv#: 2:20-01116 Avery v. Premiere Medical Center of Burbank, Inc. et al


#200.00 Status Conference re: 02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Wesley H Avery against Premiere Medical Center of Burbank, Inc., Michael D Marsh, NHP/PMB Burbank Medical Plaza I LLC


Docket 1

*** VACATED *** REASON: CONT'D. TO 8/25/20 @ 2PM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

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

CONT...


Premiere Medical Management Group, LLC

Daniel R Lahana Stephen L Raucher


Chapter 7

2:00 PM

2:18-20688


Raymond A Fernandez


Chapter 7

Adv#: 2:19-01518 Goodrich v. Fernandez


#201.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)), 14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Gesmundo, Alastair)


fr. 2-25-20, 5-12-20, 6-16-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 8/25/20 @ 2PM

Courtroom Deputy:

4/7/20 - Another summons issued.

Tentative Ruling:

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.

Party Information

Debtor(s):

Raymond A Fernandez Represented By Christie Cronenweth

2:00 PM

CONT...


Raymond A Fernandez


Chapter 7

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

2:18-20799


Kevin E. Peters


Chapter 7

Adv#: 2:18-01442 Martinez v. Peters et al


#202.00 Status Conference re: 02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))), 68 (Dischargeability - 523() (6), willful and malicious injury. Complaint by Sharon Martinez against Kevin Edmond Peters, Cinthia Veronica Gambino Peters


fr. 2-26-19, 5-14-19, 8-27-19, 12-3-19, 4-7-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 10/16/20 @ 2PM

Courtroom Deputy:

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

Tentative Ruling:

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.

2:00 PM

CONT...


Kevin E. Peters


Chapter 7


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.

Party Information

2:00 PM

CONT...

Debtor(s):


Kevin E. Peters


Chapter 7

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

2:19-14066


David Gomez


Chapter 7

Adv#: 2:19-01221 PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA v. Gomez


#203.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by PEOPLE OF THE STATE OF CALIFORNIA ex rel. ILWU-PMA WELFARE PLAN, ILWU-PMA WELFARE PLAN against David

Gomez


fr. 9-17-19, 11-5-19, 2-11-20, 4-7-20


Docket 1


Courtroom Deputy:

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:

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

2:00 PM

CONT...


David Gomez


Chapter 7

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

2:00 PM

CONT...


David Gomez


Chapter 7

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.)

Party Information

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

2:00 PM

CONT...

Trustee(s):


David Gomez


Chapter 7

Peter J Mastan (TR) Pro Se

2:00 PM

2:19-14578


Rachel Louise Carlsen


Chapter 7

Adv#: 2:19-01201 Guirguis et al v. Carlsen et al


#204.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))Complaint by Mark Guirguis against Rachel Louise Carlsen


fr. 8-27-19, 11-19-19, 12-17-19, 1-14-20, 3-31-20 5-5-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 8/4/20 @ 2PM

Courtroom Deputy:

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:

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.

2:00 PM

CONT...


Rachel Louise Carlsen


Chapter 7


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

2:00 PM

CONT...


Rachel Louise Carlsen


Chapter 7

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.



Party Information

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

2:19-16040


Alfredo F Torres


Chapter 7


#205.00 Status Conference re: Debtor's Motion re: Objection to Claim Number 2 and 3 by Claimant Vicente Torres.


fr. 11-6-19, 2-11-20, 3-10-20, 5-5-20


Docket 40


Courtroom Deputy:

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

Tentative Ruling:

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

2:00 PM

CONT...


Alfredo F Torres


Chapter 7

866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

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

2:20-11376


Monica Shiun Oh


Chapter 7

Adv#: 2:20-01117 Retail Capital Partners, LLC. v. Oh et al


#206.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Retail Capital LLC doing business as Credibly against Monica Shiun Oh, Jimi P. Chae.


Docket 4


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Party Information

Debtor(s):

Monica Shiun Oh Represented By Rachel M Sposato

James Andrew Hinds Jr

Defendant(s):

Monica Shiun Oh Represented By

2:00 PM

CONT...


Monica Shiun Oh


Rachel M Sposato


Chapter 7

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

2:00 PM

2:19-13871


J. Robert Scott, Inc.


Chapter 11

Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC


#207.00 Motion to Dismiss Adversary Proceeding pursuant to F.R.C.P. 12(b)(6) or, Alternatively, for Summary Judgment pursuant to F.R.C.P. 12(d) and F.R.C.P. 56


Docket 10


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

2:00 PM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

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

2:00 PM

CONT...

Movant(s):


J. Robert Scott, Inc.


Chapter 11

KLM Interiors, LLC Represented By Simon Aron

Plaintiff(s):

J. Robert Scott, Inc. Represented By

Crystle Jane Lindsey Daniel J Weintraub

2:00 PM

2:19-13871


J. Robert Scott, Inc.


Chapter 11

Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC


#208.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by J.

Robert Scott, Inc. against KLM Interiors, LLC fr. 5-5-20, 6-2-20

Docket 1


Courtroom Deputy:

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

Tentative Ruling:

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

2:00 PM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

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

2:20-11846


Deco Enterprises, Inc.


Chapter 11

Adv#: 2:20-01126 Pouladian v. Deco Enterprises, Inc. et al


#209.00 Status Conference re: 01 (Determination of removed claim or cause)),(14 (Recovery of money/property - other)) Notice Of Removal Of State Court Civil Action To Federal Bankruptcy Court Pursuant To 28 U.S.C. § 1452(a) by Deco Enterprises, Inc.


Docket 1


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

2:00 PM

CONT...


Deco Enterprises, Inc.


Chapter 11

LASC action by July 31, 2020. Have the parties scheduled a mediation date? Hearing required.

Party Information

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

2:00 PM

2:20-11846


Deco Enterprises, Inc.


Chapter 11


#210.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 4-8-20, 6-3-20

Docket 1


Courtroom Deputy:

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

Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

2:00 PM

CONT...


Deco Enterprises, Inc.


Chapter 11

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.

Party Information

Debtor(s):

Deco Enterprises, Inc. Represented By Raymond H. Aver

2:00 PM

2:16-19896


Lite Solar Corp.


Chapter 7


#211.00 Trustee's Motion:


  1. to Approve Compromises and Settlements with Oregon Defendants in Two Adversary Proceedings


  2. for Authority to Pay Special Counsel's Contingency Fee and Costs fr. 6-3-20, 6-10-20

Docket 378


Courtroom Deputy:

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



Tentative Ruling:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.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

CONT...


Lite Solar Corp.


Chapter 7

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)

  1. Sustain (lack of foundation)

  2. Sustain (lack of foundation)

  3. Sustain (lack of personal knowledge)

  4. Sustain (lack of foundation)

  5. Overrule

  6. Overrule

  7. Sustain (lack of foundation)

  8. Overrule as to first sentence. Sustain as to balance (lack of foundation)

  9. Sustain (lack of foundation)

  10. 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

2:00 PM

CONT...


Lite Solar Corp.


Chapter 7

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.)



Party Information

2:00 PM

CONT...

Debtor(s):


Lite Solar Corp.


Chapter 7

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

2:00 PM

2:16-19896


Lite Solar Corp.


Chapter 7

Adv#: 2:19-01173 Krasnoff, Chapter 7 Trustee v. Sahni et al


#212.00 Status Conference re: 12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Brad D. Krasnoff, Chapter 7 Trustee against Ranbir S Sahni, Totalis Energy, LLC.


Fr. 8-27-19, 10-1-19, 11-5-19, 12-10-19, 2-25-20, 6-9-20


Docket 1


Courtroom Deputy:

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

Tentative Ruling:

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

CONT...


Lite Solar Corp.


Chapter 7


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.

Party Information

Debtor(s):

Lite Solar Corp. Represented By Leslie A Cohen Stephen A. Weaver

Defendant(s):

Ranbir S Sahni Represented By

2:00 PM

CONT...


Lite Solar Corp.


Leslie A Cohen


Chapter 7

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

2:17-14276


Altadena Lincoln Crossing LLC


Chapter 7


#100.00 Application by George Garikian Living Trust for Allowance and Payment of Administrative Expenses


Docket 1073


Courtroom Deputy:

7/13/20 - Jeffrey kwong, (310)229-1234, has been approved for ZoomGov appearance on 7/15/20 @ 11am

Tentative Ruling:

All hearings on this calendar 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/1604882692

ZoomGov meeting number: 160 488 2692

11:00 AM

CONT...


Altadena Lincoln Crossing LLC


Chapter 7

Password: 181985

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

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

CONT...


Altadena Lincoln Crossing LLC


Chapter 7

waived under its settlement agreement with the debtor.)

Garikian has not articulated a coherent basis upon which it should be allowed an administrative claim.


Party Information

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

2:16-18301


TCC General Contracting, Inc.


Chapter 11


#101.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am

Tentative Ruling:

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

CONT...


TCC General Contracting, Inc.


Chapter 11

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

CONT...


TCC General Contracting, Inc.


Chapter 11

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:


All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video

11:00 AM

CONT...


TCC General Contracting, Inc.


Chapter 11

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/1604882692

ZoomGov meeting number: 160 488 2692

Password: 181985

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

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?

11:00 AM

CONT...


TCC General Contracting, Inc.


Chapter 11

Are debtor's principals communicating with counsel? Hearing required.


Party Information

Debtor(s):

TCC General Contracting, Inc. Represented By Steven R Fox

Amelia Puertas-Samara

11:00 AM

2:18-16688


Samuel Michael Saber


Chapter 11


#102.00 Debtor's Motion for Order Determining Value of Collateral for Property Located at 450 Via Lido Soud, Newport Beach, CA 92663


fr. 1-29-20, 3-4-20, 3-18-20, 3-26-20, 4-1-20, 5-6-20


Docket 323

*** VACATED *** REASON: CONT'D. TO 10/21/20 @ 11AM

Courtroom Deputy:

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

Tentative Ruling:

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

CONT...


Samuel Michael Saber


Chapter 11


All hearings on this calendar 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/1604882692

ZoomGov meeting number: 160 488 2692

Password: 181985

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

11:00 AM

CONT...


Samuel Michael Saber


Chapter 11

under the tab, "Instructions/Procedures."

-----------------------------------------------------

Is there any reason for this motion to remain on calendar at this juncture? What does trustee intend to do with this property?

Hearing required.

------------------------------

7/14/20 -- Court approved stipulation continuing hearing to October 21, 2020 at 11:00 a.m. (not 10:00 a.m.) OFF CALENDAR FOR

JULY 15, 2020.


Party Information

Debtor(s):

Samuel Michael Saber Represented By Giovanni Orantes

Movant(s):

Samuel Michael Saber Represented By Giovanni Orantes Giovanni Orantes

11:00 AM

2:18-16688


Samuel Michael Saber


Chapter 11


#103.00 JPMorgan Chase Bank, N.A.'s Motion for Allowance of Superpriority Administrative Expense Claim


fr. 3-4-20, 3-18-20, 3-26-20, 4-1-20, 5-6-20


Docket 338

*** VACATED *** REASON: CONT'D. TO 10/21/20 @ 11AM

Courtroom Deputy:

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

Tentative Ruling:

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:


All hearings on this calendar will be conducted remotely, using

11:00 AM

CONT...


Samuel Michael Saber


Chapter 11

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/1604882692

ZoomGov meeting number: 160 488 2692

Password: 181985

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

11:00 AM

CONT...


Samuel Michael Saber


Chapter 11

What is the basis for an administrative claim here? Did Chase actually pay any of the insurance or taxes for the property? Is the basis merely that the debtor later took the position that the property was worth less than he originally said the property was worth? (Rents generated by the property were not lender's cash collateral so use or diversion of rents cannot constitute a diminution of lender's collateral.) There has been no deterination that there actually was a diminution in value of the underlying real property, and, in any event, creditor is not entitled to a claim under section 507(b) unless the court ordered adequate protection and that proved to be insufficient.

Deny motion.

------------------------------

7/14/20 -- Court approved stipulation continuing hearing to October 21, 2020 at 11:00 a.m. (not 10:00 a.m.) OFF CALENDAR FOR

JULY 15, 2020.


Party Information

Debtor(s):

Samuel Michael Saber Represented By Giovanni Orantes

11:00 AM

2:19-23688


Pablo Meza


Chapter 11


#104.00 Order to Show Cause why Chapter 11 Case should not be Converted, Dismissed or Chapter 11 Trustee Appointed


Docket 76


Courtroom Deputy:

7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am

Tentative Ruling:

Tentative Ruling for July 15, 2020:

All hearings on this calendar 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/1604882692

11:00 AM

CONT...


Pablo Meza


Chapter 11

ZoomGov meeting number: 160 488 2692

Password: 181985

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

Counsel's response to the OSC is that he forgot to lodge the scheduling order and his paralegal miscalendared the status conference and deadline for filing status report. Did the debtor serve the notice of bar date already and simply not lodge the order or did the notice of bar date not get served?


Counsel reports that two of his staff people (perhaps his only 2 staff people) are not reporting to work. It is unclear whether they are working remotely or not. Counsel also represents that he is a CPA and an enrolled IRS agent and has been busy with tax preparation for other clients. Does counsel really have the time necessary to devote to this chapter 11 case?

Does this case even belong in chapter 11? The case status report

11:00 AM

CONT...


Pablo Meza


Chapter 11

states merely that the debtor's property is listed and that the property will be sold promptly "once the market stablizes during this pandemia." What does that mean? Properties are selling now. What has to happen before counsel will conclude that the market has stablized?

Debtor's declaration explains that the debtor generates income as a locksmith and that he gets business from church referrals and foot traffic at a nearby Home Depot. Apparently, the entire purpose of this chapter 11 case is for debtor to sell his house. Why does the case need to be in chapter 11 to accomplish this? Debtor has no intention of proposing a plan.

Convert case to chapter 7.


Party Information

Debtor(s):

Pablo Meza Represented By

Ruben Fuentes

11:00 AM

2:19-23688


Pablo Meza


Chapter 11


#105.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 1-15-20, 3-11-20, 6-17-20

Docket 1


Courtroom Deputy:

7/14//20 - Kenneth Lau, (818)794-7430, has been approved for ZOOMGov appearance on 7/15/20 @ 11am

Tentative Ruling:

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

CONT...


Pablo Meza


Chapter 11

866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:


All hearings on this calendar 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

11:00 AM

CONT...


Pablo Meza


Chapter 11

recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1604882692

ZoomGov meeting number: 160 488 2692

Password: 181985

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

See tentative ruling for matter no. 104.


Party Information

Debtor(s):

Pablo Meza Pro Se

11:00 AM

2:20-11547


Gennady Moshkovich


Chapter 11


#106.00 Debtor's Motion to Extend Exclusivity Period for Filing a Chapter 11 Plan and Disclosure Statement


Docket 74


Courtroom Deputy:

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:

Tentative Ruling for July 15, 2020:


All hearings on this calendar 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).

11:00 AM

CONT...


Gennady Moshkovich


Chapter 11

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/1604882692

ZoomGov meeting number: 160 488 2692

Password: 181985

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

Deny request for extensions of exclusivity. This is not a complex case. There is one property to sell. Time is of the essence in light of the fact that the debtor is not generating any income and has only a finite amount of funding to maintain the property pending the completion of a sale. BOBS claims that property has been delisted. Is this true? If so, how can it be said that the debtor is moving forward diligently with this case? Debtor is engaged in negotiations with BOBS. Terminating exclusity may help to move these negotiations forward.

11:00 AM

CONT...


Gennady Moshkovich


Chapter 11


Party Information

Debtor(s):

Gennady Moshkovich Represented By David B Golubchik Todd M Arnold

11:00 AM

2:20-13198


Gardena Business Group LLC


Chapter 11


#107.00 Debtor's Motion to Set Aside 180 Day Bar (11 USC Section109(g)) Provision Imposed on Dismissal of Chapter 11 Case


Docket 43


Courtroom Deputy:

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:

Tentative Ruling for July 15, 2020:


All hearings on this calendar 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).

11:00 AM

CONT...


Gardena Business Group LLC


Chapter 11

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/1604882692

ZoomGov meeting number: 160 488 2692

Password: 181985

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

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 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

11:00 AM

CONT...


Gardena Business Group LLC


Chapter 11

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.


Party Information

Debtor(s):

Gardena Business Group LLC Represented By Ronald W Ask

2:00 PM

2:18-24870


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


#200.00 Status Conference re: First Amended Disclosure Statement Describing First Amended Chapter 11 Plan of Reorganization


fr. 3-18-20, 3-26-20, 5-6-20


Docket 102

*** VACATED *** REASON: 6/24/2020 - SECOND AMENDED DISCLOSURE STATEMENT FILED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:


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

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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.

Party Information

Debtor(s):

Daniel E. Rogosin Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Joint Debtor(s):

Elizabeth Rogosin Represented By

2:00 PM

CONT...


Daniel E. Rogosin and Elizabeth Rogosin

Matthew D. Resnik Roksana D. Moradi-Brovia


Chapter 11

2:00 PM

2:18-24870


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


#201.00 Status Conference re: Second Amended Disclosure Statement Describing Second Amended Chapter 11 Plan of Reorganization


Docket 133


Courtroom Deputy:

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:

Tentative Ruling for July 15, 2020:


All hearings on this calendar 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).

2:00 PM

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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/1613846148

ZoomGov meeting number: 161 384 6148

Password: 177047

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

Subject to one or two changes that will be noted on the record at the time of hearing on the disclosure statement, approve disclosure statement and set confirmation-related deadlines.


Party Information

Debtor(s):

Daniel E. Rogosin Represented By

2:00 PM

CONT...


Daniel E. Rogosin and Elizabeth Rogosin

Matthew D. Resnik Roksana D. Moradi-Brovia


Chapter 11

Joint Debtor(s):

Elizabeth Rogosin Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

2:00 PM

2:18-24870


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


#202.00 Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

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:

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

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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:


All hearings on this calendar 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

2:00 PM

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11

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/1613846148

ZoomGov meeting number: 161 384 6148

Password: 177047

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

If court approves disclosure statement, continue case status conference to same date as confirmation hearing.

2:00 PM

CONT...


Daniel E. Rogosin and Elizabeth Rogosin


Chapter 11


Party Information

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

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#203.00 Debtor's Objection to Claim #19 by Claimant Summit Bridge National Investments IV LLC. in the amount of $ 1770148


fr. 5-5-20, 6-17-20


Docket 184


Courtroom Deputy:

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

CONT...


MedCoast Medservice Inc.


Chapter 11

7/15//20 - Richard Baum, (310)277-2040, has been approved for ZOOMGov appearance on 7/15/20 @ 2pm


Tentative Ruling:

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:

  1. Overrule. (The fact that someone disagrees with a witness's testimony or believes it to be inaccurate does not make that testimony inadmissible.)

  2. Overrule.

  3. Overrule. (Court understands this testimony as being to the best of declarant's knowledge.)

  4. Overrule.

  5. Overrule.

  6. Overrule.

  7. Overrule.

  8. Overrule as to first sentence. Sustain as to second sentence. (This is a legal

    2:00 PM

    CONT...


    MedCoast Medservice Inc.


    Chapter 11

    conclusion.)

  9. Overrule.

  10. Sustain. (This is argument/a legal conclusion, albeit an accurate one.)


    Spiro Declaration:

  11. Overrule.

  12. Overrule. (Court understands this testimony as being to the best of declarant's knowledge.)

  13. Overrule as to first sentence. Sustain as to second sentence. (This is a legal conclusion.)

  14. Overrule.

  15. Overrule.

  16. Overrule.

  17. Overrule.

  18. 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

2:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

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:


All hearings on this calendar 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/1613846148

ZoomGov meeting number: 161 384 6148

Password: 177047

2:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

Court has reviewed supplemental opposition. As claimant has declined to come forward with additional evidence to support its claim, sustain objection. Disallow claim in its entirety.


Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

Movant(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

2:00 PM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#204.00 Disclosure Statement Describing Plan of Reorganization dated 6/2/2020


Docket 234


Courtroom Deputy:

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

Tentative Ruling:

2:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

Tentative Ruling for July 15, 2020:


All hearings on this calendar 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/1613846148

ZoomGov meeting number: 161 384 6148

Password: 177047

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

CONT...


MedCoast Medservice Inc.


Chapter 11

under the tab, "Instructions/Procedures."

-----------------------------------------------------

The comments of the U.S. Trustee and the IRS appear to be well- taken. Discuss these issues with the plan proponents and set deadline for the filing of an amended plan and disclosure statement that corrects the problems identified in these objections.


Party Information

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

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#205.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 10-2-19, 1-15-20, 4-15-20, 6-17-20

Docket 1


Courtroom Deputy:

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

CONT...


MedCoast Medservice Inc.


Chapter 11

Tentative Ruling:

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,

2:00 PM

CONT...

2020?


MedCoast Medservice Inc.


Chapter 11


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:


All hearings on this calendar 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

2:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

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/1613846148

ZoomGov meeting number: 161 384 6148

Password: 177047

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

under the tab, "Instructions/Procedures."

-----------------------------------------------------

Continue case status conference to date of continued hearing on disclosure statement.


Party Information

Debtor(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

2:00 PM

CONT...

Movant(s):


MedCoast Medservice Inc.


Chapter 11

MedCoast Medservice Inc. Represented By Henry D Paloci

10:00 AM

2:13-25661


Chonghee Jane Kim


Chapter 7

Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al


#1.00 TRIAL re: 14 (Recovery of money/property - other)),(91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Edward M Wolkowitz against TD Foreclosure Services, Inc., GB Inland Properties, LLC, Benjamin Hooshim, Alexandre Oh, Julie A Taberdo, Lynn Wolcott, Chonghee Jane Kim


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


Courtroom Deputy:

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:

Tentative Ruling for July 16, 2020:


All appearances for July 16, 2020 will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


Join By Computer

Meeting URL: https://www.zoomgov.com/j/1602428449 Meeting ID: 160 242 8449

10:00 AM

CONT...


Chonghee Jane Kim


Chapter 7

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

10:00 AM

CONT...


Chonghee Jane Kim


Chapter 7

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

10:00 AM

CONT...


Chonghee Jane Kim


Chapter 7

'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.

10:00 AM

CONT...


Chonghee Jane Kim

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.


Chapter 7


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

10:00 AM

CONT...


Chonghee Jane Kim


Chapter 7

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.

10:00 AM

CONT...


Chonghee Jane Kim

Next, this Court is not persuaded by WCP's argument that In re Taylor


Chapter 7

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

10:00 AM

CONT...


Chonghee Jane Kim


Chapter 7

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.

10:00 AM

CONT...


Chonghee Jane Kim


Chapter 7

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.


Party Information

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

CONT...


Chonghee Jane Kim


Chapter 7

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

2:13-25661


Chonghee Jane Kim


Chapter 7

Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al


#2.00 Defendant's Motion for a Judgmnt on the Merits (F.R.C.P. Rule 52(c))


Docket 218


Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

All appearances for July 16, 2020 will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


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."

10:00 AM

CONT...


Chonghee Jane Kim


Chapter 7


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.

Party Information

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

CONT...


Chonghee Jane Kim


Andrew Edward Smyth Stephen S Smyth


Chapter 7

Plaintiff(s):

Edward M Wolkowitz Represented By Matthew Abbasi

Trustee(s):

Edward M Wolkowitz (TR) Represented By Matthew Abbasi

10:00 AM

2:15-24678


Soames Lane Trust


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2651 Aberdeen Avenue, Los Angeles, CA 90027


MOVANT: WILMINGTON TRUST, NA


Docket 192


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

Debtor(s):

Soames Lane Trust Represented By Stuart J Wald

Movant(s):

Wilmington Trust, NA, successor Represented By

10:00 AM

CONT...


Trustee(s):


Soames Lane Trust


Merdaud Jafarnia Nancy L Lee


Chapter 7

Rosendo Gonzalez (TR) Represented By Carmela Pagay

---- Levene Neale Bender

10:00 AM

2:20-14348


Gardena Business Group LLC


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 660 N. E Street, San Bernardino, CA 92410


MOVANT: OM YERMO, LLC.


Docket 45

*** VACATED *** REASON: CONT'D. TO 9/8/20 @ 10AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

7/14/20 -- Court approved stipulation continuing hearing to September 8, 2020 at 10:00 a.m. OFF CALENDAR FOR JULY 21, 2020.

Party Information

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

2:19-14146


Rebecca Primicias Prudencio


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 310 EAST ROWLAND STREET, COVINA, CA 91723


MOVANT: IRA SERVICES TRUST COMPANY CFBO, ET AL


Docket 120

*** VACATED *** REASON: 7/6/20 - ORDER ENTERED. OFF CALENDAR.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Motion has been withdrawn by movant. Off calendar. No appearance necessary.

Party Information

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

2:20-13924


Hector Carvallo, Jr.


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Chevrolet Cruze VIN# 1G1BC5SM3J7239038


MOVANT: AXOS BANK


Docket 13


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

Grant with waiver of Rule 4001(a)(3) and annulment.


Party Information

Debtor(s):

Hector Carvallo Jr. Represented By Alisa Admiral

Movant(s):

Axos Bank Represented By

Joseph C Delmotte

10:00 AM

CONT...

Trustee(s):


Hector Carvallo, Jr.


Chapter 7

Jason M Rund (TR) Pro Se

10:00 AM

2:17-14276


Altadena Lincoln Crossing LLC


Chapter 7


#5.00 Application for Compensation and Reimbursement of Expenses for Justin P. Karczag and Encore Law Group LLP, Special Counsel, Period: 5/2/2019 to 5/29/2020

[Fees requested: $435000.00, Expenses: $2626.00]


fr. 7-1-20


Docket 1084

*** VACATED *** REASON: 7/10/20 - ORDER ENTERED VACATING HEARING

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Altadena Lincoln Crossing LLC


Chapter 7

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

CONT...


Debtor(s):


Altadena Lincoln Crossing LLC

Party Information


Chapter 7

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

2:15-14744


Video Symphony Entertraining Inc


Chapter 7

Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al


#200.00 Status Conference re: 91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) Complaint by Richard K. Diamond, Chapter 7 Trustee, Plaintiff against Michael Gerard Flanagan, Michael Gerard Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, 2009, Alice Yick Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, Video Symphony, LLC.


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


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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...


Video Symphony Entertraining Inc


Chapter 7


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.


Party Information

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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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

2:15-14744


Video Symphony Entertraining Inc


Chapter 7

Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al


#201.00 Status Conference re: 14 (Recovery of money/property - other)),(72 (Injunctive relief - other)) Complaint by Richard K. Diamond, Chapter 7 Trustee, Plaintiff against Alice Yick Flanagan, Alice Yick Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, Michael Gerard Flanagan, Michael Gerard Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, 2009


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


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:


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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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.

Party Information

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

2:19-24276


Jeffrey Donohue


Chapter 7

Adv#: 2:20-01019 First Financial Federal Credit Union v. Donohue


#202.00 Status Conference re: 68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by First Financial Federal Credit Union against Jeffrey Donohue


fr. 4-7-20


Docket 1

*** VACATED *** REASON: 6/19/20 - ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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.

Party Information

Debtor(s):

Jeffrey Donohue Represented By

James D. Hornbuckle

Defendant(s):

Jeffrey Donohue Represented By

James D. Hornbuckle

2:00 PM

CONT...


Jeffrey Donohue


Chapter 7

Plaintiff(s):

First Financial Federal Credit Union Represented By

Bruce P. Needleman

Trustee(s):

John P Pringle (TR) Pro Se

2:00 PM

2:20-11321


Ho Young Cho


Chapter 7

Adv#: 2:20-01121 Pringle v. Cho


#203.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) Complaint by John P. Pringle against Steve Cho


Docket 1


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

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.

Party Information

Debtor(s):

Ho Young Cho Represented By

2:00 PM

CONT...


Ho Young Cho


Kelly K Chang


Chapter 7

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

2:18-23844


Judith Anne Sanchez


Chapter 7

Adv#: 2:19-01062 Gonzalez et al v. Sanchez et al


#204.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer))Complaint by Rosendo Gonzalez against Bobbio Sanchez, Lance B.

Sanchez


fr. 5-7-19, 9-10-19, 1-14-20, 4-14-20


Docket 1


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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

CONT...


Judith Anne Sanchez


Chapter 7


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

CONT...


Judith Anne Sanchez


Chapter 7


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.

Party Information

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

2:19-12914


Mario David Lopez-Castanon


Chapter 7

Adv#: 2:20-01077 United States Trustee (LA) v. Lopez-Castanon


#205.00 Plaintiff's Motion for Default Judgment under L.B.R. 7055-1


Docket 18


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

Grant motion. Enter judgment revoking debtor's discharge pursuant to section 727(d)(4)(B).

Party Information

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

CONT...


Mario David Lopez-Castanon


Chapter 7

Plaintiff(s):

United States Trustee (LA) Represented By Kelly L Morrison

Trustee(s):

Carolyn A Dye (TR) Pro Se

2:00 PM

2:19-12914


Mario David Lopez-Castanon


Chapter 7

Adv#: 2:20-01077 United States Trustee (LA) v. Lopez-Castanon


#206.00 Status Conference re: 41 (Objection / revocation of discharge - 727(c),(d),(e))) Complaint by United States Trustee (LA) against Mario David Lopez-Castanon


fr. 6-9-20


Docket 1


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

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.


Party Information

Debtor(s):

Mario David Lopez-Castanon Represented By

Michael H Colmenares

Defendant(s):

Mario David Lopez-Castanon Pro Se

2:00 PM

CONT...


Mario David Lopez-Castanon


Chapter 7

Plaintiff(s):

United States Trustee (LA) Represented By Kelly L Morrison

Trustee(s):

Carolyn A Dye (TR) Pro Se

2:00 PM

2:19-14387


Richard L. Ashbee


Chapter 7

Adv#: 2:19-01231 Dagawa Trading LLC v. Ashbee


#207.00 Status Conference re: 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Dagawa Trading LLC against Richard Laurence Ashbee.


fr. 9-17-19, 10-1-19, 11-5-19, 1-28-20, 4-14-20, 5-12-20


Docket 1


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

2:00 PM

CONT...


Richard L. Ashbee


Chapter 7

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Richard L. Ashbee


Chapter 7

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

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01172 XMI FINANCIAL SERVICES, LLC, a Limited Liability C v. Avakian


#208.00 Status Conference re: 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (68 - Dischargeability - 523(a)(6), willful and malicious injury,Complaint by Stephen Jenkins, Esq. XMI Financial Services, LLC. against Sergik Avakian


fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20


Docket 1

*** VACATED *** REASON: 6/19/20 - ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

2:00 PM

CONT...


Sergik Avakian


Chapter 7

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.

Party Information

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

2:00 PM

CONT...

Trustee(s):


Sergik Avakian


Chapter 7

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:19-17058


Sergik Avakian


Chapter 7

Adv#: 2:19-01175 TCF EQUIPMENT FINANCE, a Division of TCF NATIONAL v. Avakian


#209.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by TCF Equipment Finance, a Division of TCF National Bank against Sergik Avakian


fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20


Docket 1

*** VACATED *** REASON: 6/19/20- ADV. DISMISSED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

2:00 PM

CONT...


Sergik Avakian


Chapter 7

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.

Party Information

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

2:15-20351


CLARK WARREN BAKER


Chapter 7

Adv#: 2:15-01535 Murtagh v. BAKER et al


#210.00 Plaintiff James Murtagh, M.D.'s Motion for an Order:


  1. Reissuing a Warrant for Baker's Arrest Based on his ongoing Civil Contempt;


  2. Granting Bruce Anderson Permission to Log Into and Examine Baker's Online Accounts


  3. for Related Relief fr. 5-19-20, 6-16-20

Docket 661


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


CLARK WARREN BAKER


Chapter 7

7/21/20 - James Murtagh, (818)382-6200 x 129


7/21/20 - Peter Arhangelsky, (602)388-8899

Tentative Ruling:

Rulings on Baker's Evidentiary Objections:

(for ease of reference, court has numbered paragraphs of objections sequentially)


Anderson Declaration

  1. 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.)

  2. Sustain (hearsay).

  3. Overrule.

  4. Sustain (lack of foundation).

  5. Overrule.

  6. Overrule.


Murtagh Declaration

  1. Overrule.

  2. Sustain (hearsay).

  3. Sustain (lack of foundation).

  4. Overrule as to sentence about date on which index page became unavailable. Sustain as to balance (lack of foundation).

  5. Overrule.

  6. Sustain (best evidence).

  7. 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.

  8. Sustain (speculation).

  9. 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

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

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:

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

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.

Party Information

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

CONT...


CLARK WARREN BAKER


Chapter 7

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

2:15-20351


CLARK WARREN BAKER


Chapter 7

Adv#: 2:15-01535 Murtagh v. BAKER et al


#211.00 Status Conference re: 67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny) (68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by James Murtagh against Clark Warren Baker


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


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

CONT...


CLARK WARREN BAKER


Chapter 7

Tentative Ruling:

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.

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

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?

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

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.

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7


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

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

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

2:00 PM

CONT...


CLARK WARREN BAKER


Chapter 7

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.

Party Information

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

CONT...


CLARK WARREN BAKER


Chapter 7

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

2:19-14146


Rebecca Primicias Prudencio


Chapter 7

Adv#: 2:20-01044 Anaim et al v. Vartanian et al


#212.00 Plaintiff's Motion to Reopen Adversary Proceeding Set Aside Dismissal and for Leave to Bring Suit


Docket 28


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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

2:00 PM

CONT...


Rebecca Primicias Prudencio


Chapter 7

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

2:00 PM

CONT...


Rebecca Primicias Prudencio


Chapter 7

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):


Party Information

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

2:00 PM

CONT...


Rebecca Primicias Prudencio


Richard L Goor


Chapter 7

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

2:20-10510


Mozafar Tabibnia and Elaheh Tabibnia


Chapter 7


#1.00 Reaffirmation Agreement Between Debtor and Daimler Trust fr. 6-4-20

Docket 12


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:

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.)

--------------------------

Tentative Ruling for July 22, 2020:


Debtor failed to appear on June 4, 2020. Court continued hearing to July 22, 2020. Tentative ruling remains unchanged.

Party Information

Debtor(s):

Mozafar Tabibnia Represented By David S Hagen

Joint Debtor(s):

10:00 AM

CONT...


Mozafar Tabibnia and Elaheh Tabibnia


Chapter 7

Elaheh Tabibnia Represented By David S Hagen

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:20-11441


Kevin Huntelman


Chapter 7


#2.00 Reaffirmation Agreement Between Debtor and Harley-Davidson Credit Corp fr. 6-4-20

Docket 15


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:

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.

--------------------------

Tentative Ruling for July 22, 2020:


Court continued hearing to July 22, 2020 to give debtor an opportunity to see if he can renegotiate loan terms. How did communications with lender turn out?

10:00 AM

CONT...


Debtor(s):


Kevin Huntelman


Party Information


Chapter 7

Kevin Huntelman Pro Se

Trustee(s):

Carolyn A Dye (TR) Pro Se

10:00 AM

2:19-24818


Steven Mark Colyer


Chapter 7


#3.00 Debtor's Motion to Avoid Lien Judicial Lien with Nathan Wing


Docket 18


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

Debtor(s):

Steven Mark Colyer Represented By Andre A Khansari

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

11:00 AM

2:14-26237


Albany Investment Properties, LLC


Chapter 11


#100.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

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

CONT...


Albany Investment Properties, LLC


Chapter 11

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

CONT...


Albany Investment Properties, LLC


Chapter 11

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

CONT...


Albany Investment Properties, LLC


Chapter 11

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

CONT...


Albany Investment Properties, LLC


Chapter 11

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.



Party Information

Debtor(s):

Albany Investment Properties, LLC Represented By

Raymond H. Aver

R Alexander Comley

11:00 AM

2:20-12802


Joffe Emergency Services


Chapter 11


#101.00 Scheduling and Case Management Conference in a Subchapter V Case fr. 4-29-20

Docket 1


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

Tentative Ruling:

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

CONT...


Joffe Emergency Services


Chapter 11


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.

Party Information

Debtor(s):

Joffe Emergency Services Represented By Stella A Havkin

Trustee(s):

John-Patrick McGinnis Fritz (TR) Pro Se

2:00 PM

2:12-33485


Loren J. Edwards and Cheilon M. Edwards


Chapter 7


#200.00 Trustee's Final Report and Applications for Compensation


Docket 44

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.


Party Information

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

2:18-11469


RH BBQ, Inc


Chapter 7


#201.00 Trustee's Final Report and Applications for Compensation


Docket 275

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.


Party Information

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

2:19-11395


Charles Harvey Wissore


Chapter 7


#202.00 Trustee's Final Report and Applications for Compensation


Docket 63

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.


Party Information

Debtor(s):

Charles Harvey Wissore Represented By Marjorie S Archer

Trustee(s):

Jason M Rund (TR) Represented By Robert A Hessling

2:00 PM

2:19-14544


PATRICIA MARIE OROZCO


Chapter 7


#203.00 Trustee's Final Report and Applications for Compensation


Docket 35

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.


Party Information

Debtor(s):

PATRICIA MARIE OROZCO Represented By Chellei G Jimenez

Trustee(s):

Brad D Krasnoff (TR) Pro Se

2:00 PM

2:18-22155


Herbert W. Gains and Beth A. Gains


Chapter 11


#204.00 Final Application for Compensation and Reimbursement Of Expensesfor Levene, Neale, Bender, Yoo & Brill L.L.P., Debtor's Attorney, Period: 5/1/2019 to 6/12/2020

[Fees requested: $198,378.50, Expenses: $13,164.60]


Docket 232


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Herbert W. Gains and Beth A. Gains


Chapter 11

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

2:19-20332


West Coast Distribution, Inc.


Chapter 11


#205.00 Second and Final Application for Compensation and Reimbursement of Expenses for Weiland Golden Goodrich LLP, Creditor Comm. Aty, Period: 11/22/2019 to 6/29/2020

[Fees requested: $47850.00, Expenses: $77.95]


Docket 296

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

Debtor(s):

West Coast Distribution, Inc. Represented By

2:00 PM

CONT...


West Coast Distribution, Inc.


Ron Bender Lindsey L Smith


Chapter 11

Merhab, Robinson & Clakson, Law

2:00 PM

2:19-20332


West Coast Distribution, Inc.


Chapter 11


#206.00 Final Application for Compensation and Reimbursement of Expenses for Fineman West & Co Llp, Accountant, Period: 11/1/2019 to 6/8/2020 [Fees requested: $47,333.75, Expenses: $41.85]


Docket 298

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

Debtor(s):

West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith

Merhab, Robinson & Clakson, Law

2:00 PM

2:19-20332


West Coast Distribution, Inc.


Chapter 11


#207.00 Final Application for Compensation and Reimbursement of Expenses for Merhab Robinson & Clarkson, LC, Special Counsel, Period: 11/9/2019 to 6/17/2020

[Fees requested: $6,271.00, Expenses: $92.80]


Docket 299

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

Debtor(s):

West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith

Merhab, Robinson & Clakson, Law

2:00 PM

2:19-20332


West Coast Distribution, Inc.


Chapter 11


#208.00 Final Application for Compensation and Reimbursement of Expenses for Sherwood Partners, Inc., Other Professional, Period: 11/16/2019 to 12/31/2019, [Fees requested: $41,957.50, Expenses: $0.00]


Docket 300

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

Debtor(s):

West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith

Merhab, Robinson & Clakson, Law

2:00 PM

2:19-20332


West Coast Distribution, Inc.


Chapter 11


#209.00 Final Application for Compensation and Reimbursement of Expenses for Levene, Neale, Bender, Yoo & Brill L.L.P., Debtor's Attorney, Period: 11/26/2019 to 7/22/2020

[Fees requested: $173,211.00, Expenses: $10,746.99]


Docket 301

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

Debtor(s):

West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith

Merhab, Robinson & Clakson, Law

2:00 PM

2:19-20332


West Coast Distribution, Inc.


Chapter 11


#210.00 First and Final Application for Compensation and Reimbursement of Expenses for Force Ten Partners, LLC, Financial Advisor, Period: 3/12/2020 to 6/30/2020, [Fees requested: $25000.00, Expenses: $0.00]


Docket 307

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

Party Information

Debtor(s):

West Coast Distribution, Inc. Represented By Ron Bender Lindsey L Smith

Merhab, Robinson & Clakson, Law

10:00 AM

2:20-14194


Arthur Anthony Burgueno


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Honda Cr-V, VIN: 5J6R W2H5 2KA0 14099


MOVANT: HONDA LEASE TRUST


Docket 11


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

Debtor(s):

Arthur Anthony Burgueno Represented By Paul C Nguyen

Movant(s):

HONDA LEASE TRUST Represented By Vincent V Frounjian

10:00 AM

CONT...

Trustee(s):


Arthur Anthony Burgueno


Chapter 7

David M Goodrich (TR) Pro Se

10:00 AM

2:20-14781


Luis David Carrillo Rodriguez


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Mitsubishi Eclipse, VIN: JA4AT4AA2JZ050786


MOVANT: SANTANDER CONSUMER USA, INC.


Docket 8


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

CONT...

Trustee(s):


Luis David Carrillo Rodriguez


Chapter 7

Peter J Mastan (TR) Pro Se

10:00 AM

2:20-14876


Guogen Liu


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 BMW X3 xDrive28i Sport Utility,4D, VIN# 5UXWX9C5XH0T13813


MOVANT: FINANCIAL SERVICES VEHICLE TRUST


Docket 14


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

Debtor(s):

Guogen Liu Represented By

Victor Luke

Movant(s):

Financial Services Vehicle Trust Represented By

Marjorie M Johnson

10:00 AM

CONT...

Trustee(s):


Guogen Liu


Chapter 7

Heide Kurtz (TR) Pro Se

10:00 AM

2:20-15301


Omar Rodriguez


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 BMW 4 Series 428i xDrive Convertible 2D, VIN# WBA35C50EP751114


MOVANT: BMW BANK OF NORTH AMERICA


Docket 8


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

CONT...


Omar Rodriguez


Chapter 7

10:00 AM

2:20-15316


Lavelle Stern Dunn, II


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 BUICK ENVISION

VIN# LRBFXBSA7HD144834


MOVANT: AMERICREDIT FINANCIAL SERVICES, INC. DBA GM FINANCIAL


Docket 8


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

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

CONT...

Trustee(s):


Lavelle Stern Dunn, II


Chapter 7

Wesley H Avery (TR) Pro Se

10:00 AM

2:20-11547


Gennady Moshkovich


Chapter 11


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 911 Loma Vista Drive, Beverly Hills, California 90210


MOVANT: BOBS, LLC.


Docket 80


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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

10:00 AM

CONT...


Gennady Moshkovich


Chapter 11

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.)

Party Information

Debtor(s):

Gennady Moshkovich Represented By David B Golubchik Todd M Arnold

10:00 AM

CONT...

Movant(s):


Gennady Moshkovich


Chapter 11

BOBS LLC Represented By

David Jacob

10:00 AM

2:20-11547


Gennady Moshkovich


Chapter 11


#7.00 BOBS, LLC'S Motion to Dismiss Chapter 11 Case Pursuant to 11 USC Section 1112(b)


Docket 81


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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.

10:00 AM

CONT...


Gennady Moshkovich


Chapter 11

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.

Party Information

Debtor(s):

Gennady Moshkovich Represented By David B Golubchik Todd M Arnold

Movant(s):

BOBS LLC Represented By

David Jacob

2:00 PM

2:13-25661


Chonghee Jane Kim


Chapter 7

Adv#: 2:17-01277 Wolkowitz v. TD Foreclosure Services, Inc. et al


#200.00 Status Conference re: 14 (Recovery of money/property - other)),(91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Edward M Wolkowitz against TD Foreclosure Services, Inc., GB Inland Properties, LLC, Benjamin Hooshim, Alexandre Oh, Julie A Taberdo, Lynn Wolcott, Chonghee Jane Kim


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


Courtroom Deputy:

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

Tentative Ruling:

2:00 PM

CONT...


Chonghee Jane Kim


Chapter 7

Tentative Ruling for July 16, 2020:


All appearances for July 16, 2020 will be via Zoom and not via Court Call. All parties participating in these hearings should use the information below to connect. This service is free of charge. You may participate using a computer or telephone.


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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Chonghee Jane Kim


Chapter 7

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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Chonghee Jane Kim

seeking such relief.


Chapter 7

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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Chonghee Jane Kim


Chapter 7

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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Chonghee Jane Kim


Chapter 7

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

2:00 PM

CONT...


Chonghee Jane Kim

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


Chapter 7

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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Chonghee Jane Kim


Chapter 7

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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CONT...


Chonghee Jane Kim


Chapter 7

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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Chonghee Jane Kim


Chapter 7

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.


Party Information

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

2:00 PM

CONT...


Chonghee Jane Kim


Andrew Edward Smyth Stephen S Smyth


Chapter 7

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

2:20-12042


Mark Abbey Slotkin


Chapter 7

Adv#: 2:20-01134 People Of The State Of California v. Slotkin


#201.00 Status Conference re: 65 (Dischargeability - other) Complaint by People Of The State Of California against Mark Abbey Slotkin. false pretenses, false representation, actual fraud


Docket 1


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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):


Party Information

Mark Abbey Slotkin Represented By Leslie A Cohen

2:00 PM

CONT...


Mark Abbey Slotkin


Chapter 7

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

2:19-10211


Lennon and Wolfe, Inc.


Chapter 7

Adv#: 2:19-01487 YOO v. Lennon et al


#202.00 Status Conference re: 12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Timothy J Yoo against Amanda Lennon, Christopher Lennon


fr. 1-14-20, 2-25-20, 4-28-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 10/6/20 @ 2PM

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

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

2:00 PM

CONT...


Lennon and Wolfe, Inc.


Chapter 7

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.


Party Information

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

2:19-12936


Shaoqiang Chen


Chapter 7

Adv#: 2:20-01048 Dye v. Chen et al


#203.00 Status Conference re: 14 (Recovery of money/property - other)) Complaint by Carolyn Dye against Shaoqiang Chen, Bin Wang


fr. 5-5-20, 6-2-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 8/11/20 @ 2PM

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:

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

CONT...


Shaoqiang Chen


Chapter 7

866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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.

2:00 PM

CONT...


Debtor(s):


Shaoqiang Chen


Party Information


Chapter 7

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

2:00 PM

2:19-14578


Rachel Louise Carlsen


Chapter 7

Adv#: 2:19-01201 Guirguis et al v. Carlsen et al


#204.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))Complaint by Mark Guirguis against Rachel Louise Carlsen


fr. 8-27-19, 11-19-19, 12-17-19, 1-14-20, 3-31-20 5-5-20, 7-14-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 9/1/20 @ 2PM

Courtroom Deputy:

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:

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

CONT...


Rachel Louise Carlsen


Chapter 7

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

2:00 PM

CONT...


Rachel Louise Carlsen


Chapter 7

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.

----------------------------------------------

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.

Party Information

Debtor(s):

Rachel Louise Carlsen Pro Se

Defendant(s):

Rachel Louise Carlsen Pro Se

2:00 PM

CONT...


Rachel Louise Carlsen


Chapter 7

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

2:19-15575


Walter Steven Nevarez


Chapter 7

Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez


#205.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Elizabeth K. Beaver Recovable Trust against Walter Steven Nevarez


fr. 10-15-19, 1-28-20, 5-5-20


Docket 1


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:

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

2:00 PM

CONT...


Walter Steven Nevarez


Chapter 7

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

2:00 PM

CONT...


Walter Steven Nevarez


Chapter 7

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.)

2:00 PM

CONT...


Walter Steven Nevarez


Chapter 7

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.

Party Information

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

2:20-10049


Jaime J Andrachick


Chapter 7

Adv#: 2:20-01079 Davis v. Andrachick


#206.00 Plaintiff's Motion For Default Judgment against Jaime Andrachick


Docket 11


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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

Tentative Ruling:

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

2:00 PM

CONT...


Jaime J Andrachick


Chapter 7

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

2:00 PM

CONT...


Jaime J Andrachick


Chapter 7

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

2:00 PM

CONT...


Jaime J Andrachick


Chapter 7

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).

Party Information

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

2:20-10049


Jaime J Andrachick


Chapter 7

Adv#: 2:20-01079 Davis v. Andrachick


#207.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(61 (Dischargeability - 523(a)(5), domestic support)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree))

Complaint by Shaun Davis against Jaime J Andrachick fr. 6-9-20

Docket 1


Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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


Tentative Ruling:

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.

2:00 PM

CONT...


Jaime J Andrachick


Chapter 7


Party Information

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

2:17-18256


Green-Light International, LLC


Chapter 7

Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al


#208.00 Plaintiff's Motion For Partial Summary Judgment on Liability for Professional Negligence


Docket 37

*** VACATED *** REASON: CONT'D. TO 9/15/20 @ 2 PM

Courtroom Deputy:

PARTIES WISHING TO APPEAR MUST MAKE ARRANGEMENTS TO APPEAR TELEPHONICALLY BY: (1) CONTACTING COURT CALL AT 866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:

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.

Party Information

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

2:00 PM

CONT...


Green-Light International, LLC


Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman


Chapter 7

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

2:20-15066


April Fiege


Chapter 7


#1.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtor received Credit Counseling Post Petition


Docket 46


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


April Fiege


Chapter 7

(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:

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.)



Party Information

Debtor(s):

April Fiege Represented By

Eric Rasmussen

Trustee(s):

10:00 AM

CONT...


April Fiege


Chapter 7

John P Pringle (TR) Pro Se

10:00 AM

2:20-15412


Hortencia Alvarado


Chapter 7


#2.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtor received Credit Counseling Post Petition


Docket 23


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Hortencia Alvarado


Chapter 7

(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:

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.)


Party Information

Debtor(s):

Hortencia Alvarado Represented By Douglas E Klein

Trustee(s):

Rosendo Gonzalez (TR) Pro Se

10:00 AM

2:20-12042


Mark Abbey Slotkin


Chapter 7


#3.00 Southwest Guaranty Investors, Ltd's Motion for Order Authorizing the Examination of Mark Slotkin and the Production of Documents Pursuant to Fed.

R. Bankr. P. 2004


Docket 55


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Mark Abbey Slotkin


Chapter 7

(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

Tentative Ruling:

Grant.


Debtor(s):


Party Information

Mark Abbey Slotkin Represented By Leslie A Cohen

Trustee(s):

Elissa Miller (TR) Represented By Robyn B Sokol

10:00 AM

2:20-12042


Mark Abbey Slotkin


Chapter 7


#4.00 Southwest Guaranty Investors, Ltd's Motion for Order Authorizing the Examination of 8777 Appian Way, LLC's Person Most Knowledgeable and the Production of Documents Pursuant to Fed. R. Bankr. P. 2004


Docket 56


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Mark Abbey Slotkin


Chapter 7

(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

Tentative Ruling:

Grant.

Party Information

Debtor(s):

Mark Abbey Slotkin Represented By Leslie A Cohen

Trustee(s):

Elissa Miller (TR) Represented By Robyn B Sokol

10:00 AM

2:20-12042


Mark Abbey Slotkin


Chapter 7


#5.00 Southwest Guaranty Investors, Ltd's Motion for Order Authorizing the Examination of Antiquarian Traders, Inc.'s Person Most Knowledgeable and the Production of Documents Pursuant to Fed. R. Bankr. P. 2004


Docket 57


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Mark Abbey Slotkin


Chapter 7

(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

Tentative Ruling:

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.

Party Information

Debtor(s):

Mark Abbey Slotkin Represented By Leslie A Cohen

Trustee(s):

Elissa Miller (TR) Represented By Robyn B Sokol

10:00 AM

2:20-12042


Mark Abbey Slotkin


Chapter 7


#6.00 Southwest Guaranty Investors, Ltd's Motion for Order Authorizing the Examination of Breakfront, LLC's Person Most Knowledgeable and the Production of Documents Pursuant to Fed. R. Bankr. P. 2004


Docket 58


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Mark Abbey Slotkin


Chapter 7

(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

Tentative Ruling:

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.

Party Information

Debtor(s):

Mark Abbey Slotkin Represented By Leslie A Cohen

Trustee(s):

Elissa Miller (TR) Represented By Robyn B Sokol

10:00 AM

2:20-12042


Mark Abbey Slotkin


Chapter 7


#8.00 Southwest Guaranty Investors, Ltd's Motion for Order Authorizing the Examination of Golden Oak Partners, LLC's Person Most Knowledgeable and the Production of Documents Pursuant to Fed. R. Bankr. P. 2004


Docket 60


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Mark Abbey Slotkin


Chapter 7

(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

Tentative Ruling:

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.

Party Information

Debtor(s):

Mark Abbey Slotkin Represented By Leslie A Cohen

Trustee(s):

Elissa Miller (TR) Represented By Robyn B Sokol

10:00 AM

2:20-12042


Mark Abbey Slotkin


Chapter 7


#9.00 Southwest Guaranty Investors, Ltd's Motion for Order Authorizing the Examination of Olympic Holdings, LLC's Person Most Knowledgeable and the Production of Documents Pursuant to Fed. R. Bankr. P. 2004


Docket 61


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Mark Abbey Slotkin


Chapter 7

(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

Tentative Ruling:

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.

Party Information

Debtor(s):

Mark Abbey Slotkin Represented By Leslie A Cohen

Trustee(s):

Elissa Miller (TR) Represented By Robyn B Sokol

10:00 AM

2:20-14348


Gardena Business Group LLC


Chapter 7


#10.00 Trustee's Motion For Sale of Property of the Estate under Section 363(b) re: Property Located at 660 N. E Street, San Bernardino, Ca 92410


Docket 50


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Gardena Business Group LLC


Chapter 7

(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

Tentative Ruling:

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

10:00 AM

CONT...


Gardena Business Group LLC


Chapter 7

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.

Party Information

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

2:18-16688


Samuel Michael Saber


Chapter 7


#11.00 Trustee's Motion for Turnover of Debtor's Books and Records (11 U.S.C § 521)


Docket 563


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

(when prompted, enter meeting number and password shown above)

10:00 AM

CONT...


Samuel Michael Saber


Chapter 7

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:

7/27/20 - 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

Tentative Ruling:

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

10:00 AM

CONT...


Samuel Michael Saber


Chapter 7

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.

Party Information

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

2:18-16688


Samuel Michael Saber


Chapter 7


#12.00 Debtor's Motion For Stay Pending Appeal


Docket 586


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

(when prompted, enter meeting number and password shown above)

10:00 AM

CONT...


Samuel Michael Saber


Chapter 7

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:

7/27/20 - 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

Tentative Ruling:

In evaluating a request for a stay pending appeal, court should consider 4

10:00 AM

CONT...


Samuel Michael Saber


Chapter 7

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

10:00 AM

CONT...


Samuel Michael Saber


Chapter 7

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.

Party Information

Debtor(s):

Samuel Michael Saber Represented By Giovanni Orantes

Trustee(s):

John J Menchaca (TR) Represented By Elissa Miller

10:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#13.00 Debtor's Emergency Motion for Order Approving Establishment Of Adequate Assurance Payments With Respect To Debtors Utilities


fr. 6-24-20


Docket 16


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

10:00 AM

CONT...

7666


Upgrade Labs Inc., a Delaware corporation


Chapter 11

(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

Tentative Ruling:

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

CONT...


Upgrade Labs Inc., a Delaware corporation


Chapter 11

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.



Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe

10:00 AM

CONT...

Trustee(s):


Upgrade Labs Inc., a Delaware corporation


Chapter 11

Gregory Kent Jones (TR) Pro Se

10:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#14.00 Scheduling and Case Management Conference in a Chapter 11 SubChapter V Case


Docket 1


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

10:00 AM

CONT...


Upgrade Labs Inc., a Delaware corporation


Chapter 11

(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

Tentative Ruling:

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.

Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe

Trustee(s):

Gregory Kent Jones (TR) Pro Se

11:00 AM

2:14-21184


Tower General Contractors


Chapter 11


#100.00 Status Conference re: Objection to Claim Number 41 by Claimant Pasadena Hospital Association, LTD., dba Huntington Hospital


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

*** VACATED *** REASON: CONT'D. TO 10/7/20 @ 11AM

Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

11:00 AM

CONT...


Tower General Contractors


Chapter 11

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

under the tab, "Instructions/Procedures."

Tentative Ruling:

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

11:00 AM

CONT...


Tower General Contractors


Chapter 11

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

CONT...


Tower General Contractors


Chapter 11

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.


Party Information

11:00 AM

CONT...

Debtor(s):


Tower General Contractors


Chapter 11

Tower General Contractors Represented By Jeffrey S Shinbrot

Movant(s):

Tower General Contractors Represented By Jeffrey S Shinbrot

11:00 AM

2:14-21184


Tower General Contractors


Chapter 11


#101.00 Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 10/7/20 @ 11AM

Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

11:00 AM

CONT...

7666


Tower General Contractors


Chapter 11

(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:

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

CONT...


Tower General Contractors


Chapter 11

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

CONT...


Tower General Contractors


Chapter 11

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

CONT...


Tower General Contractors


Chapter 11

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.


Party Information

Debtor(s):

Tower General Contractors Represented By

11:00 AM

CONT...


Movant(s):


Tower General Contractors


Jeffrey S Shinbrot


Chapter 11

Tower General Contractors Represented By Jeffrey S Shinbrot

11:00 AM

2:16-13852


East Coast Foods, Inc.


Chapter 11


#102.00 Status Conference re: USDC Appeal Judgment RE: Appeal USDC Number: 2:18-cv-10098-MWF - Ruling: Affirmed, Reversed, and Remanded


fr. 3-18-20, 6-10-20


Docket 1337

*** VACATED *** REASON: CONT'D. TO 8/26/20 @ 11AM

Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

11:00 AM

CONT...

7666


East Coast Foods, Inc.


Chapter 11

(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:

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.

Party Information

11:00 AM

CONT...

Debtor(s):


East Coast Foods, Inc.


Chapter 11

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

2:16-13852


East Coast Foods, Inc.


Chapter 11


#103.00 Post-Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 10/21/20 @ 11AM

Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

11:00 AM

CONT...


East Coast Foods, Inc.


Chapter 11

Password: 556865

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

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

Tentative Ruling:

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

CONT...


East Coast Foods, Inc.


Chapter 11

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

CONT...


East Coast Foods, Inc.


Chapter 11

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

CONT...


East Coast Foods, Inc.


Chapter 11


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

CONT...


East Coast Foods, Inc.


Chapter 11

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

CONT...


East Coast Foods, Inc.


Chapter 11

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.


Party Information

11:00 AM

CONT...

Debtor(s):


East Coast Foods, Inc.


Chapter 11

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

2:20-12306


Rancho Cielo Estates, LTD


Chapter 11


#104.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 4-29-20

Docket 1


Courtroom Deputy:

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/1618869300

ZoomGov meeting number: 161 886 9300

Password: 556865

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

11:00 AM

CONT...


Rancho Cielo Estates, LTD


Chapter 11

(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 - Joseph Dunn, (858)314-1500


8/4/20 - William Coffee, (949)757-1600

Tentative Ruling:

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

CONT...

report.


Rancho Cielo Estates, LTD


Chapter 11


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.

Party Information

Debtor(s):

Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot

2:00 PM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#200.00 Disclosure Statement Describing Plan of Reorganization dated 6/2/2020 fr. 7-15-20

Docket 234


Courtroom Deputy:

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/1603532942

ZoomGov meeting number: 160 353 2942

Password: 049320

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

2:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

(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 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:

Tentative Ruling for July 15, 2020:

The comments of the U.S. Trustee and the IRS appear to be well- taken. Discuss these issues with the plan proponents and set deadline for the filing of an amended plan and disclosure statement that corrects the problems identified in these objections.

2:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

-------------------------------------

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.


Party Information

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

CONT...


MedCoast Medservice Inc.


Chapter 11

2:00 PM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#201.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 10-2-19, 1-15-20, 4-15-20, 6-17-20, 7-15-20

Docket 1


Courtroom Deputy:

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/1603532942

ZoomGov meeting number: 160 353 2942

Password: 049320

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

2:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

(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 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:

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

CONT...


MedCoast Medservice Inc.


Chapter 11


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

CONT...


MedCoast Medservice Inc.


Chapter 11

866-582-6878 OR ONLINE; AND (2) SENDING AN EMAIL TO CHAMBERS_SBLUEBOND@CACB.USCOURTS.GOV NOT LATER THAN 4 P.M. ON THE DAY 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:


Continue case status conference to date of continued hearing on disclosure statement.

----------------------------------------

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.


Party Information

2:00 PM

CONT...

Debtor(s):


MedCoast Medservice Inc.


Chapter 11

MedCoast Medservice Inc. Represented By Henry D Paloci

Movant(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

2:00 PM

2:17-18256


Green-Light International, LLC


Chapter 7

Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al


#202.00 Trustee's Motion for Protective Order


Docket 51


Courtroom Deputy:

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/1603532942

ZoomGov meeting number: 160 353 2942

Password: 049320

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828

7666

2:00 PM

CONT...


Green-Light International, LLC


Chapter 7

(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

Tentative Ruling:

Hearing required.

Party Information

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

CONT...


Green-Light International, LLC


Amy L Goldman Lovee D Sarenas Stella A Havkin Steven M Berman


Chapter 7

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

2:19-25230


Kyle Henry Walkenhorst


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5320 Ellenwood Drive, Los Angeles, California 90041


MOVANT: US BANK, N A


Docket 38

*** VACATED *** REASON: CONT'D. TO 10/20/20 @ 10AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

7/27/20 -- Court approved stipulation continuing hearing to October 20, 2020 at 10:00 a.m. OFF CALENDAR FOR AUGUST 11, 2020.

Party Information

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

2:19-19696


Veronica Martinez


Chapter 7

Adv#: 2:19-01485 Vons Credit Union, a Federal Credit Union v. Martinez


#200.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), Complaint by Vons Credit Union, a Federal Credit Union against Veronica Martinez


fr. 1-14-20, 4-14-20


Docket 1

*** VACATED *** REASON: 6/23/2020 - JUDGEMENT ENTERED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Veronica Martinez


Chapter 7

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.

Party Information

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

2:19-24276


Jeffrey Donohue


Chapter 7

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


Courtroom Deputy:

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

CONT...


Jeffrey Donohue


Chapter 7

under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for:

Tentative Ruling:

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.

Party Information

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

2:19-12936


Shaoqiang Chen


Chapter 7

Adv#: 2:20-01048 Dye v. Chen et al


#202.00 Defendant Bin Wang's Motion to Dismiss Plaintiff Carolyn Dye's, In Her Capacity as the Chapter 7 Trustee for the Bankruptcy Estate of Shaoqiang Chen, First Amended Complaint For Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to Fed.R.Civ.P. Rule 12(b)(6)


Docket 33


Courtroom Deputy:

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

CONT...


Shaoqiang Chen


Chapter 7

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

Tentative Ruling:

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

CONT...


Shaoqiang Chen


Chapter 7

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.

Party Information

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

2:19-12936


Shaoqiang Chen


Chapter 7

Adv#: 2:20-01048 Dye v. Chen et al


#203.00 Status Conference re: 14 (Recovery of money/property - other)) Complaint by Carolyn Dye against Shaoqiang Chen, Bin Wang


fr. 5-5-20, 6-2-20, 8-4-20


Docket 1


Courtroom Deputy:

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

CONT...


Shaoqiang Chen


Chapter 7

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

Tentative Ruling:

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

CONT...


Shaoqiang Chen


Chapter 7


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.

Party Information

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

2:20-15736


Arturo Vasquez and Theresa Rivas


Chapter 7


#1.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtors received Credit Counseling Post Petition


Docket 11


Courtroom Deputy:

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/1613461853

ZoomGov meeting number: 161 346 1853

Password: 008513


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 under the tab, "Instructions/Procedures."

10:00 AM

CONT...


Arturo Vasquez and Theresa Rivas


Chapter 7

ZOOMGOV Appearance Approved for:


Tentative Ruling:

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.)


Party Information

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

2:20-10295


Jonas Chang and Christy Chang


Chapter 7


#2.00 Objection To Debtors' Claimed Exemption In Real Property


Docket 38


Courtroom Deputy:

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/1613461853

ZoomGov meeting number: 161 346 1853

Password: 008513


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 under the tab, "Instructions/Procedures."

ZOOMGOV Appearance Approved for:

10:00 AM

CONT...


Jonas Chang and Christy Chang


Chapter 7



Tentative Ruling:

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

10:00 AM

CONT...


Jonas Chang and Christy Chang


Chapter 7

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.

Party Information

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

2:20-12306


Rancho Cielo Estates, LTD


Chapter 11


#3.00 Application to Employ Colliers International As Real Estate Brokers


Docket 44


Courtroom Deputy:

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/1613461853

ZoomGov meeting number: 161 346 1853

Password: 008513


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 under the tab, "Instructions/Procedures."

ZOOMGOV Appearance Approved for:

10:00 AM

CONT...


Rancho Cielo Estates, LTD


Chapter 11



Tentative Ruling:

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.

Party Information

Debtor(s):

Rancho Cielo Estates, LTD Represented By Jeffrey S Shinbrot

10:00 AM

2:17-18256


Green-Light International, LLC


Chapter 7

Adv#: 2:19-01183 DYE v. Burgee & Abramoff, P.C. et al


#4.00 Trustee's Motion for Protective Order fr. 8-5-20

Docket 51


Courtroom Deputy:

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/1613461853

ZoomGov meeting number: 161 346 1853

Password: 008513


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

10:00 AM

CONT...


Green-Light International, LLC


Chapter 7

under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for: 8/11/20 - Michael Wilk, (213)680-5065



Tentative Ruling:

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.

Party Information

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

CONT...


Green-Light International, LLC


Chapter 7

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

2:15-20029


Ida Mae Woods


Chapter 11


#100.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 11/18/20 @ 11AM

Courtroom Deputy:

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/1613461853

ZoomGov meeting number: 161 346 1853

Password: 008513


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

11:00 AM

CONT...


Ida Mae Woods


Chapter 11

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

Tentative Ruling:

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?

11:00 AM

CONT...


Ida Mae Woods


Chapter 11

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:

11:00 AM

CONT...


Ida Mae Woods


Chapter 11

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

11:00 AM

CONT...


Ida Mae Woods


Chapter 11

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.

Party Information

Debtor(s):

Ida Mae Woods Represented By Giovanni Orantes Luis A Solorzano

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#101.00 Order to Appear and Show Cause Why Bankruptcy Case Should not be Dismissed or Converted based on Continuing Decline of Debtor's Operations


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

*** VACATED *** REASON: 7/20/20 - CASE DISMISSED

Courtroom Deputy:

4/6/20 - Notice to pay court costs in the amount of $700.00 sent to Crystle Lindsey, Attorney for Debtors.


Tentative Ruling:

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

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

Debtor(s):

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

11:00 AM

2:19-13871


J. Robert Scott, Inc.


Chapter 11


#102.00 Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: 7/20/20 - CASE DISMISSED

Courtroom Deputy:

4/6/20 - Notice to pay court costs in the amount of $700.00 sent to Crystle Lindsey, Attorney for Debtors.


Tentative Ruling:

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.

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11


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

11:00 AM

CONT...


J. Robert Scott, Inc.


Chapter 11

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.

Party Information

Debtor(s):

J. Robert Scott, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth

Crystle Jane Lindsey

11:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#103.00 Debtors' Motion for Order:


  1. Authorizing Debtor to Omit Certain Potential Creditors from Debtor's Mailing Matrix


  2. Authorizing Debtor to Provide Notices to Certain Potential Creditors by Email or Other Appropriate Means


  3. Extending the Claims Bar Date by Thirty Days for Certain Potential Creditors;


  4. Permitting Debtor to Withhold its Customer Lists and Information Contained Therein as Proprietary Information

[OST]


Docket 73


Courtroom Deputy:

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/1613461853

ZoomGov meeting number: 161 346 1853

11:00 AM

CONT...


Upgrade Labs Inc., a Delaware corporation


Chapter 11

Password: 008513


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 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

Tentative Ruling:

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.

Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee

11:00 AM

CONT...

Trustee(s):


Upgrade Labs Inc., a Delaware corporation


Chapter 11

Gregory Kent Jones (TR) Pro Se

11:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#104.00 Scheduling and Case Management Conference in a Chapter 11 SubChapter V Case


fr. 8-5-20


Docket 1


Courtroom Deputy:

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/1613461853

ZoomGov meeting number: 161 346 1853

Password: 008513


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

11:00 AM

CONT...


Upgrade Labs Inc., a Delaware corporation


Chapter 11

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

Tentative Ruling:

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):


Party Information

Upgrade Labs Inc., a Delaware Represented By Robert P Goe

Trustee(s):

Gregory Kent Jones (TR) Pro Se

2:00 PM

2:17-21466


Ricardo M. Remias and Magdalena A. Remias


Chapter 7


#200.00 Trustee's Final Report and Applications for Compensation


Docket 30

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.


Party Information

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

2:17-23278


Raul Mario Torres


Chapter 7


#201.00 Trustee's Final Report and Applications for Compensation


Docket 49

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.

Party Information

Debtor(s):

Raul Mario Torres Represented By Stephen K Moran

Trustee(s):

Sam S Leslie (TR) Pro Se

2:00 PM

2:19-25137


Gilberto Lopez


Chapter 7


#202.00 Trustee's Final Report and Applications for Compensation


Docket 29

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.

Party Information

Debtor(s):

Gilberto Lopez Represented By Jaime A Cuevas Jr.

Trustee(s):

John J Menchaca (TR) Pro Se

2:00 PM

2:18-20807


Benjamin Avila and Norma Alicia Avila


Chapter 7


#203.00 Trustee's Final Report and Applications for Compensation


Docket 67

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.

Party Information

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

2:19-12650


Vitra Optika, LLC


Chapter 7


#204.00 Trustee's Final Report and Applications for Compensation


Docket 30

*** VACATED *** REASON: APPROVED. APPEARANCES WAIVED

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.

Party Information

Debtor(s):

Vitra Optika, LLC Represented By Michael E Plotkin

Trustee(s):

Elissa Miller (TR) Pro Se

2:00 PM

2:18-16688


Samuel Michael Saber


Chapter 7


#205.00 Final Application for Compensation and Reimbursement of Expensesfor Eric Bensamochan, Debtor's Attorney, Period: 9/2/2019 to 4/2/2020

[Fees requested: $21160.00, Expenses: $0.00]


Docket 554


Courtroom Deputy:

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/1616881497

ZoomGov meeting number: 161 688 1497

Password: 970793


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 under the tab, "Instructions/Procedures."

2:00 PM

CONT...


Samuel Michael Saber


Chapter 7

ZOOMGOV Appearance Approved for: 8/7/20 - Giovanni Orantes, (213)389-4362 8/7/20 - Eric Bansamochan, (818)574-5740



Tentative Ruling:

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

2:00 PM

CONT...


Samuel Michael Saber


Chapter 7

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.)

Party Information

Debtor(s):

Samuel Michael Saber Represented By Giovanni Orantes

Trustee(s):

John J Menchaca (TR) Represented By Elissa Miller

2:00 PM

2:19-14758


Marco General Construction, Inc.


Chapter 11


#206.00 Second Interim Application for Compensation and Reimbursement of Expenses for Michael Jay Berger, Debtor's Attorney, Period: 9/19/2019 to 6/30/2020 [Fees requested: $26,180.50, Expenses: $515.09]


Docket 114

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

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/1616881497

ZoomGov meeting number: 161 688 1497

Password: 970793


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 under the tab, "Instructions/Procedures."

2:00 PM

CONT...


Marco General Construction, Inc.


Chapter 11

ZOOMGOV Appearance Approved for: 8/11/20 - Michael Berger, (310)271-6223 x 450

Tentative Ruling:

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.

Party Information

Debtor(s):

Marco General Construction, Inc. Represented By

Michael Jay Berger

2:00 PM

2:19-14758


Marco General Construction, Inc.


Chapter 11


#207.00 Interim Application for Compensation and Reimbursement of Expenses for Jennifer M Liu, Accountant, Period: 9/8/2019 to 6/30/2020

[Fees requested: $4,725.00, Expenses: $160.00]


Docket 116

*** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

Courtroom Deputy:

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/1616881497

ZoomGov meeting number: 161 688 1497

Password: 970793


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 under the tab, "Instructions/Procedures."

2:00 PM

CONT...


Marco General Construction, Inc.


Chapter 11

ZOOMGOV Appearance Approved for: 8/11/20 - Michael Berger, (310)271-6223 x 450

Tentative Ruling:

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.

Party Information

Debtor(s):

Marco General Construction, Inc. Represented By

Michael Jay Berger

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#208.00 Debtor's Third Amended Plan Of Reorganization, Dated March 18, 2020


Docket 164


Courtroom Deputy:

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/1616881497

ZoomGov meeting number: 161 688 1497

Password: 970793


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 under the tab, "Instructions/Procedures."

ZOOMGOV Appearance Approved for:

2:00 PM

CONT...


Settlers Jerky Inc.


Chapter 11

8/11/20 - Kenneth Lau, (818)794-7430



Tentative Ruling:

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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#209.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 12-11-19, 3-18-20, 3-26-20, 4-29-20, 6-3-20, 6-17-20

Docket 1


Courtroom Deputy:

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/1616881497

ZoomGov meeting number: 161 688 1497

Password: 970793


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

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

CONT...


Settlers Jerky Inc.


Chapter 11

under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for: 8/11/20 - Kenneth Lau, (818)794-7430

Tentative Ruling:

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

CONT...


Settlers Jerky Inc.


Chapter 11

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.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

2:00 PM

2:19-22339


Settlers Jerky Inc.


Chapter 11


#210.00 Debtor's Motion For Entry Of An Order Authorizing Debtor To Obtain Loan From United States Small Business Administration Pursuant To 11 U.S.C. § 364(c)(2) And (3)

[OST]


Docket 179


Courtroom Deputy:

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/1616881497

ZoomGov meeting number: 161 688 1497

Password: 970793


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

CONT...


Settlers Jerky Inc.


Chapter 11

under the tab, "Instructions/Procedures." ZOOMGOV Appearance Approved for: 8/11/20 - Kenneth Lau, (818)794-7430

Tentative Ruling:

Grant motion. Approve loan.

Party Information

Debtor(s):

Settlers Jerky Inc. Represented By David L. Neale

Krikor J Meshefejian

3:00 PM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#300.00 Disclosure Statement Describing Plan of Reorganization dated 6/2/2020 fr. 7-15-20, 8-5-20

Docket 234


Courtroom Deputy:

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/1616881497

ZoomGov meeting number: 161 688 1497

Password: 970793


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 under the tab, "Instructions/Procedures."

3:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

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:

Tentative Ruling for July 15, 2020:

The comments of the U.S. Trustee and the IRS appear to be well- taken. Discuss these issues with the plan proponents and set deadline for the filing of an amended plan and disclosure statement that corrects the problems identified in these objections.

-------------------------------------

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

CONT...


MedCoast Medservice Inc.


Chapter 11

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.


Party Information

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

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#301.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 10-2-19, 1-15-20, 4-15-20, 6-17-20, 7-15-20, 8-5-20

Docket 1


Courtroom Deputy:

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/1616881497

ZoomGov meeting number: 161 688 1497

Password: 970793


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 under the tab, "Instructions/Procedures."

3:00 PM

CONT...


MedCoast Medservice Inc.


Chapter 11

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:

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

CONT...


MedCoast Medservice Inc.


Chapter 11


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:


Continue case status conference to date of continued hearing on disclosure statement.

----------------------------------------

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.


Party Information

3:00 PM

CONT...

Debtor(s):


MedCoast Medservice Inc.


Chapter 11

MedCoast Medservice Inc. Represented By Henry D Paloci

Movant(s):

MedCoast Medservice Inc. Represented By Henry D Paloci

10:00 AM

2:17-23205


Joseph Michael Garcia


Chapter 7

Adv#: 2:18-01023 Cunjak v. Garcia


#1.00 TRIAL re: 41 (Objection / revocation of discharge - 727(c),(d),(e))) Complaint by Michael Cunjak against Joseph Michael Garcia


fr. 4-3-18, 7-17-18, 0-2-18, 11-27-18, 2-26-19, 4-16-19, 7-2-19, 10-22-19,

2-18-20, 3-24-20, 5-27-20


Docket 1


Courtroom Deputy:

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/1601637360

ZoomGov meeting number: 160 163 7360

10:00 AM

CONT...


Joseph Michael Garcia


Chapter 7

Password: 845184

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

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

Tentative Ruling:

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

CONT...


Joseph Michael Garcia


Chapter 7

  1. Understating his income for year prior to bankruptcy;

  2. Failing to disclose that he still held title to Nissan 350Z as of petition date;

  3. 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.)

  4. Failing to list collectibles as assets (rather than including them as household goods);

  5. Failing to disclose existence of website -- Arthooligan.com; and

  6. 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:

  1. Overrule. Statement by a party opponent is not hearsay. FRE 801(d)(2).

  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.

  3. Overrule as to authentication foundation for documents and hearsay under FRE 803(8). Sustain as to balance under best evidence rule.

  4. Overrule.

  5. Overrule as to all but last sentence quoted (statement by party opponent). Sustain as to last sentence for lack of foundation.

  6. Overrule as to authentication for Exhibit G. Sustain as to balance.

  7. Overrule.

  8. Sustain as to phrase, "which is fraudulent." Overrule as to balance.

  9. Overrule (statement of party opponent).

  10. Overrule.


Defendant's Objections to Cohen Declaration:

  1. Overrule. Facts are not in dispute.

  2. Sustain.

    10:00 AM

    CONT...


    Joseph Michael Garcia


    Chapter 7

  3. Overrule.

  4. Overrule.


Plaintiff's Objections to Defendant Joseph Garcia Declaration:

  1. Sustain for lack of foundation. (No information provided as to who sent letter or how defendant knows facts to which he testifies.)

  2. Sustain -- not on defendant's exhibit list.

  3. 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.

  4. Sustain -- not on defendant's exhibit list.

  5. No objection asserted. No ruling necessary.

  6. Sustain -- not on defendant's exhibit list.

  7. Sustain -- not on defendant's exhibit list.

  8. (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.


Party Information

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

CONT...

Trustee(s):


Joseph Michael Garcia


Chapter 7

Peter J Mastan (TR) Pro Se

2:00 PM

2:17-23205


Joseph Michael Garcia


Chapter 7

Adv#: 2:18-01023 Cunjak v. Garcia


#200.00 TRIAL re: 41 (Objection / revocation of discharge - 727(c),(d),(e))) Complaint by Michael Cunjak against Joseph Michael Garcia


fr. 4-3-18, 7-17-18, 0-2-18, 11-27-18, 2-26-19, 4-16-19, 7-2-19, 10-22-19,

2-18-20, 3-24-20, 5-27-20, 8-18-20


Docket 1


Courtroom Deputy:

8/19/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1610828065 ZoomGov meeting number: 161 082 8065

Password: 727606


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

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

CONT...


Joseph Michael Garcia


Chapter 7

Tentative Ruling:

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

  1. Understating his income for year prior to bankruptcy;

  2. Failing to disclose that he still held title to Nissan 350Z as of petition date;

  3. 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.)

  4. Failing to list collectibles as assets (rather than including them as household goods);

  5. Failing to disclose existence of website -- Arthooligan.com; and

  6. 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:

  1. Overrule. Statement by a party opponent is not hearsay. FRE 801(d)(2).

  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.

  3. Overrule as to authentication foundation for documents and hearsay under FRE 803(8). Sustain as to balance under best evidence rule.

  4. Overrule.

  5. Overrule as to all but last sentence quoted (statement by party opponent).

    2:00 PM

    CONT...


    Joseph Michael Garcia


    Chapter 7

    Sustain as to last sentence for lack of foundation.

  6. Overrule as to authentication for Exhibit G. Sustain as to balance.

  7. Overrule.

  8. Sustain as to phrase, "which is fraudulent." Overrule as to balance.

  9. Overrule (statement of party opponent).

  10. Overrule.


Defendant's Objections to Cohen Declaration:

  1. Overrule. Facts are not in dispute.

  2. Sustain.

  3. Overrule.

  4. Overrule.


Plaintiff's Objections to Defendant Joseph Garcia Declaration:

  1. Sustain for lack of foundation. (No information provided as to who sent letter or how defendant knows facts to which he testifies.)

  2. Sustain -- not on defendant's exhibit list.

  3. 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.

  4. Sustain -- not on defendant's exhibit list.

  5. No objection asserted. No ruling necessary.

  6. Sustain -- not on defendant's exhibit list.

  7. Sustain -- not on defendant's exhibit list.

  8. (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.


Party Information

Debtor(s):

Joseph Michael Garcia Represented By

2:00 PM

CONT...


Joseph Michael Garcia


John Asuncion


Chapter 7

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

2:00-00000 Chapter 0


#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."

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)



Docket 0


Courtroom Deputy:

- NONE LISTED -

10:00 AM

CONT... Chapter 0

Tentative Ruling:

- NONE LISTED -

10:00 AM

2:19-21229


Ernesto Cornejo


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Toyota Corolla with Proof of Service


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


Docket 33

*** VACATED *** REASON: 8/14/20 - VOLUNTARY DISMISSAL OF MOTION FILED.

Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

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

2:20-12042


Mark Abbey Slotkin


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Ford Mustang, VIN: 1FATP8FF3G5300489


MOVANT: FORD MOTOR CREDIT COMPANY, LLC.


Docket 82

*** VACATED *** REASON: 8/21/20 - VOLUNTARY DISMISSAL OF MOTION FILED.

Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for:


8/24/20 - Randall Mroczynski, (714)431-1026

Tentative Ruling:

Grant without waiver of Rule 4001(a)(3).


Party Information

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

CONT...

Trustee(s):


Mark Abbey Slotkin


Chapter 7

Elissa Miller (TR) Represented By Robyn B Sokol

10:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Volt; VIN# 1G1RC6S54HU208907


MOVANT: ACAR LEASING LTD, DBA GMA FINANCIAL LEASING


Docket 281


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for:


8/24/20 - Randall Mroczynski, (714)431-1026

Tentative Ruling:

Grant without waiver of Rule 4001(a)(3).

Party Information

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

CONT...

Trustee(s):


MedCoast Medservice Inc.


Chapter 11

David Keith Gottlieb (TR) Represented By Ron Bender

Krikor J Meshefejian

10:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Volt; VIN# 1G1RC6S56HU214580


MOVANT: ACAR LEASING LTD, DBA GMA FINANCIAL LEASING


Docket 282


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for:


8/24/20 - Randall Mroczynski, (714)431-1026

Tentative Ruling:

Grant without waiver of Rule 4001(a)(3).

Party Information

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

CONT...

Trustee(s):


MedCoast Medservice Inc.


Chapter 11

David Keith Gottlieb (TR) Represented By Ron Bender

Krikor J Meshefejian

10:00 AM

2:19-19334


MedCoast Medservice Inc.


Chapter 11


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Volt; VIN# 1G1RC6S5XHU215179


MOVANT: ACAR LEASING LTD, DBA GMA FINANCIAL LEASING


Docket 283


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for:


8/24/20 - Randall Mroczynski, (714)431-1026

Tentative Ruling:

Grant without waiver of Rule 4001(a)(3).

Party Information

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

CONT...

Trustee(s):


MedCoast Medservice Inc.


Chapter 11

David Keith Gottlieb (TR) Represented By Ron Bender

Krikor J Meshefejian

10:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#6.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: *Elebee v. Upgrade Labs, Inc., et al; Docket number: 19STCV16368; Superior Court of Ca.


MOVANT: BRUCE ELEBEE


Docket 80


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

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

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee

10:00 AM

CONT...

Movant(s):


Upgrade Labs Inc., a Delaware corporation


Chapter 11

Bruce Elebee Represented By

Jores Kharatian

Trustee(s):

Gregory Kent Jones (TR) Pro Se

10:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#7.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Underwood v. Upgrade Labs, Inc., et al. Docket number: 19STCV16401; Superior Court of Ca.


CHRISTIN UNDERWOOD


Docket 81


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

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

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee

10:00 AM

CONT...

Movant(s):


Upgrade Labs Inc., a Delaware corporation


Chapter 11

Christin Underwood Represented By Jores Kharatian

Trustee(s):

Gregory Kent Jones (TR) Pro Se

10:00 AM

2:20-15422


Upgrade Labs Inc., a Delaware corporation


Chapter 11


#8.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: * Croghan v. Upgrade Labs, Inc., et al. Docket Number: 1220063581


MOVANT: MICHELLE CROGHAN


Docket 82


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

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

Tentative Ruling:

Grant with waiver of Rule 4001(a)(3).


Party Information

Debtor(s):

Upgrade Labs Inc., a Delaware Represented By Robert P Goe Charity J Manee

10:00 AM

CONT...

Movant(s):


Upgrade Labs Inc., a Delaware corporation


Chapter 11

Michelle Croghan Represented By Jores Kharatian

Trustee(s):

Gregory Kent Jones (TR) Pro Se

10:00 AM

2:20-17054


Discovery Estates, LLC


Chapter 11


#9.00 Motion for Relief from Stay To Confirm or Impose Stay in Effect as of Petition Filing


MOVANT DISCOVERY ESTATES, LLC.


Docket 10


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZOOMGov Appearance Approved for: 8/20/20 - Kenneth Lau, (818)794-7430

Tentative Ruling:

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

CONT...


Discovery Estates, LLC


Chapter 11

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

CONT...


Discovery Estates, LLC


Chapter 11

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).

Party Information

Debtor(s):

Discovery Estates, LLC Represented By Brandon J Anand

Movant(s):

Discovery Estates, LLC Represented By Brandon J Anand

10:00 AM

CONT...


Discovery Estates, LLC


Chapter 11

11:00 AM

2:20-14348


Gardena Business Group LLC


Chapter 7


#100.00 Motion for an Order Suspending the Continuation of the Chapter 7 Proceedings


Docket 74


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

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


Tentative Ruling:

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

CONT...


Gardena Business Group LLC

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


Chapter 7

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

CONT...


Gardena Business Group LLC


Chapter 7

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.


Party Information

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

2:15-14744


Video Symphony Entertraining Inc


Chapter 7

Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al


#200.00 Status Conference re: 91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) Complaint by Richard K. Diamond, Chapter 7 Trustee, Plaintiff against Michael Gerard Flanagan, Michael Gerard Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, 2009, Alice Yick Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, Video Symphony, LLC.


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


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for: 8/21/20 - Michael Flanagan, (818)692-2074 8/25/20 - Michael D'Alba , (310)741-0990

Tentative Ruling:

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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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.

Party Information

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

CONT...


Video Symphony Entertraining Inc


Samuel Price


Chapter 7

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

2:15-14744


Video Symphony Entertraining Inc


Chapter 7

Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al


#201.00 Status Conference re: 14 (Recovery of money/property - other)),(72 (Injunctive relief - other)) Complaint by Richard K. Diamond, Chapter 7 Trustee, Plaintiff against Alice Yick Flanagan, Alice Yick Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, Michael Gerard Flanagan, Michael Gerard Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, 2009


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


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for:


8/25/20 - Michael D'Alba , (310)741-0990

Tentative Ruling:

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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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.

Party Information

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

CONT...


Video Symphony Entertraining Inc


Michael G D'Alba Howard Kollitz Sonia Singh


Chapter 7

2:00 PM

2:16-19896


Lite Solar Corp.


Chapter 7

Adv#: 2:18-01239 Lite Solar Corp. v. Schiffke et al


#202.00 Status Conference re: 14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Lite Solar Corp. against Heather Schiffke, Brian Arbizzani, Adam Ward, Steve Sefchick


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

*** VACATED *** REASON: 3/18/20 - ADV. TRANSFERRED TO DISTRICT OF OREGON.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Lite Solar Corp.


Chapter 7


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

CONT...


Lite Solar Corp.


Chapter 7

2020. OFF CALENDAR FOR MAY 19, 2020.


OFF CALENDAR. MATTER TRANSFERRED TO DISTRICT OF OREGON.

Party Information

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

CONT...

Trustee(s):


Lite Solar Corp.


Chapter 7

Brad D Krasnoff (TR) Represented By Eric P Israel Aaron E de Leest Sonia Singh

2:00 PM

2:17-17315


Premiere Medical Management Group, LLC


Chapter 7

Adv#: 2:20-01116 Avery v. Premiere Medical Center of Burbank, Inc. et al


#203.00 Status Conference re: 02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Wesley H Avery against Premiere Medical Center of Burbank, Inc., Michael D Marsh, NHP/PMB Burbank Medical Plaza I LLC


fr. 7-14-20


Docket 1


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

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.

Party Information

Debtor(s):

Premiere Medical Management Represented By David L Oberg

2:00 PM

CONT...


Premiere Medical Management Group, LLC


Chapter 7

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

2:18-20688


Raymond A Fernandez


Chapter 7

Adv#: 2:19-01518 Goodrich v. Fernandez


#204.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)), 14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Gesmundo, Alastair)


fr. 2-25-20, 5-12-20, 6-16-20, 7-14-20


Docket 1

*** VACATED *** REASON: CONT'D. TO 9/29/20 @ 2PM

Courtroom Deputy:

4/7/20 - Another summons issued.

Tentative Ruling:

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.

Party Information

2:00 PM

CONT...

Debtor(s):


Raymond A Fernandez


Chapter 7

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

2:19-12504


Edward J. Herzstock


Chapter 7

Adv#: 2:19-01170 Farwell v. Herzstock


#205.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(41 (Objection / revocation of discharge - 727(c),(d),(e))),(14 (Recovery of money/property - other)) Complaint by Alec Farwell against Edward

J. Herzstock


fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20


Docket 1


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

APPEARANCE APPROVED FOR:


8/17/20 - Zachary Levine, (818)241-7499 8/18/20 - Edward Herzstock, (424)262-2896

Tentative Ruling:

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

CONT...


Edward J. Herzstock


Chapter 7


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

CONT...


Edward J. Herzstock


Chapter 7

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.


Party Information

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

CONT...

Trustee(s):


Edward J. Herzstock


Chapter 7

John J Menchaca (TR) Pro Se

2:00 PM

2:19-12504


Edward J. Herzstock


Chapter 7

Adv#: 2:19-01171 Chasse v. Herzstock


#206.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Kyle Chasse against Edward J. Herzstock.


fr. 8-27-19, 12-3-19, 3-10-20, 6-16-20


Docket 1


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

APPEARANCE APPROVED FOR:

8/17/20 - Zachary Levine, (818)241-7499 8/18/20 - Edward Herzstock, (424)262-2896

Tentative Ruling:

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

CONT...


Edward J. Herzstock


Chapter 7


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

CONT...


Edward J. Herzstock


Chapter 7


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.


Party Information

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

2:19-14219


Candina Marie Ozuna


Chapter 7

Adv#: 2:19-01330 Menchaca v. Ozuna et al


#207.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) Complaint by John J. Menchaca against Candina Marie Ozuna, David Ozuna,

Theresa Harden, Richard Harden fr. 11-5-19, 3-17-20; 6-30-20

Docket 1

*** VACATED *** REASON: CONT'D. TO 10/6/20 @ 2PM

Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

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...


Candina Marie Ozuna


Chapter 7


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.

Party Information

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

CONT...


Candina Marie Ozuna


Chapter 7

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

2:19-14877


Eugene Hubbard, Jr.


Chapter 7

Adv#: 2:19-01244 Upstream Capital Investments LLC v. Hubbard, Jr.


#208.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) Complaint by Upstream Capital Investments LLC against Eugene Hubbard Jr.


fr. 10-1-19, 1-28-20, 5-5-20


Docket 1


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

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

CONT...


Eugene Hubbard, Jr.


Chapter 7


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

CONT...


Debtor(s):


Eugene Hubbard, Jr.


Party Information


Chapter 7

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

2:20-12042


Mark Abbey Slotkin


Chapter 7

Adv#: 2:20-01142 Southwest Guaranty Investors, Ltd. v. Slotkin


#209.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) Complaint by Southwest Guaranty Investors, Ltd. against Mark Abbey Slotkin


Docket 1


Courtroom Deputy:

8/25/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1612458510

ZoomGov meeting number: 161 245 8510

Password: 210354


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZOOMGov Appearance Approved for: 8/19/20 - Mark Slotkin, (323)701-2275 8/20/20 - Hamid Rafatjoo, (310)871-7589

Tentative Ruling:

Set discovery cutoff and continue status conference for approximately three to four months.

Party Information

Debtor(s):

Mark Abbey Slotkin Represented By Leslie A Cohen

Defendant(s):

Mark Abbey Slotkin Pro Se

2:00 PM

CONT...


Mark Abbey Slotkin


Chapter 7

Plaintiff(s):

Southwest Guaranty Investors, Ltd. Represented By

Hamid R Rafatjoo

Trustee(s):

Elissa Miller (TR) Represented By Robyn B Sokol

10:00 AM

2:00-00000 Chapter


#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."

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)



Docket 0


Courtroom Deputy:

- NONE LISTED -

10:00 AM

CONT... Chapter

Tentative Ruling:

- NONE LISTED -

10:00 AM

2:20-16093


Trinidad Portales Rodriguez


Chapter 7


#1.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h); Debtor has failed to file the Certificate of Credit Counseling


Docket 12

*** VACATED *** REASON: VACATE OSC. OFF CALENDAR

Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for: 8/25/20 - Lionel Giron, (909)397-7260

Tentative Ruling:

Vacate OSC. Issued in error. OFF CALENDAR. NO APPEARANCE REQUIRED.

Party Information

Debtor(s):

Trinidad Portales Rodriguez Represented By Lionel E Giron

Trustee(s):

Timothy Yoo (TR) Pro Se

10:00 AM

2:20-16172


Zaki Jahan Francis-Shakoor


Chapter 7


#2.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtor received Credit Counseling post petition


Docket 16


Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

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.)



Party Information

Debtor(s):

Zaki Jahan Francis-Shakoor Pro Se

10:00 AM

CONT...

Trustee(s):


Zaki Jahan Francis-Shakoor


Chapter 7

Timothy Yoo (TR) Pro Se

10:00 AM

2:19-14578


Rachel Louise Carlsen


Chapter 7


#3.00 Debtor's Motion to Dismiss Chapter 7 Bankruptcy under 11 USC Section 706(a)


Docket 75


Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

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.)

Party Information

Debtor(s):

Rachel Louise Carlsen Pro Se

Trustee(s):

Carolyn A Dye (TR) Pro Se

10:00 AM

2:19-24818


Steven Mark Colyer


Chapter 7


#4.00 Debtor's Motion to Avoid Lien Judicial Lien with Nathan Wing fr. 7-22-20

Docket 18

*** VACATED *** REASON: CONT'D.T O 9/30/20 @ 10AM

Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for: 8/21/20 - David Jacob, (424)248-6688

Tentative Ruling:

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

CONT...


Steven Mark Colyer


Chapter 7

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.


Party Information

Debtor(s):

Steven Mark Colyer Represented By Andre A Khansari

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

10:00 AM

2:20-11197


Maria Ana Belen A. Gregorio


Chapter 7


#5.00 Trustee's Motion for Order Compelling Turnover of Estate Property and Documents


Docket 34


Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance Approved for:


8/21/20 - Michelle Marchisotto, (323)724-3117


Tentative Ruling:

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.

Party Information

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

2:17-14276


Altadena Lincoln Crossing LLC


Chapter 7


#6.00 The George Garikian Living Trust's Motion for Reconsideration of Order Denying Application by the George Garikian Living Trust for Allowance and Payment of Adminstrative Expenses


Docket 1116


Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

APPEARANCE APPROVED FOR:


8/11/20 - J. Scott Bovitz, (213)346-8300


8/24/20 - Keffrey Kwong, (310)229-1234


Tentative Ruling:

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

CONT...


Altadena Lincoln Crossing LLC


Chapter 7

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.

Party Information

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

2:20-15688


Valley Equities, LLC


Chapter 11


#7.00 Scheduling and Case Management Conference in a Chapter 11 Case


Docket 1

*** VACATED *** REASON: CONT'D. TO 9/16/20 @ 11AM

Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

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


Tentative Ruling:

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.

Party Information

Debtor(s):

Valley Equities, LLC Represented By Ronald W Ask

11:00 AM

2:16-13852


East Coast Foods, Inc.


Chapter 11


#100.00 Status Conference re: USDC Appeal Judgment RE: Appeal USDC Number: 2:18-cv-10098-MWF - Ruling: Affirmed, Reversed, and Remanded


fr. 3-18-20, 6-10-20, 8-5-20


Docket 1337

*** VACATED *** REASON: CONT'D. TO 9/30/20 @ 11AM

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Debtor(s):


East Coast Foods, Inc.

Party Information


Chapter 11

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

2:16-18301


TCC General Contracting, Inc.


Chapter 11


#101.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


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

*** VACATED *** REASON: CONT'D. TO 12/9/20 @ 11AM

Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

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

CONT...


TCC General Contracting, Inc.


Chapter 11

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

CONT...


TCC General Contracting, Inc.


Chapter 11

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

CONT...


TCC General Contracting, Inc.


Chapter 11

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.


Party Information

Debtor(s):

TCC General Contracting, Inc. Represented By Steven R Fox

Amelia Puertas-Samara

11:00 AM

2:19-16397


Brand Brigade LLC


Chapter 11


#102.00 Post Confirmation Scheduling and Case Management Conference in a Chapter 11 Case


fr. 7-31-19, 11-6-19, 11-13-19, 2-11-20, 3-4-20, 4-29-20


Docket 1

*** VACATED *** REASON: 6/18/20 - FINAL DECREE ENTERED.

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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

CONT...


Brand Brigade LLC


Chapter 11

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.

Party Information

Debtor(s):

Brand Brigade LLC Represented By Daniel H Reiss Jeffrey S Kwong

11:00 AM

2:20-12802


Joffe Emergency Services


Chapter 11


#103.00 Scheduling and Case Management Conference in a Subchapter V Case fr. 4-29-20, 7-22-20

Docket 1

*** VACATED *** REASON: CONT'D. TO 10/21/20 @ 11AM

Courtroom Deputy:

5/15/20 - ORDER ENTERED FOR ABSTENTION AND CLOSING OF CASE.


8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZOOMGov Appearance Approved for: 8/20/20 - Kenneth Lau, (818)794-7430

Tentative Ruling:

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

CONT...


Joffe Emergency Services


Chapter 11

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.

Party Information

Debtor(s):

Joffe Emergency Services Represented By Stella A Havkin

Trustee(s):

John-Patrick McGinnis Fritz (TR) Pro Se

2:00 PM

2:19-14758


Marco General Construction, Inc.


Chapter 11


#200.00 Debtor's Disclosure Statement Describing Debtor's Chapter 11 Plan of Reorganization


Docket 105

*** VACATED *** REASON: CONT'D. TO 10/7/20 @ 2PM

Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

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.

Party Information

Debtor(s):

Marco General Construction, Inc. Represented By

Michael Jay Berger

2:00 PM

2:19-14758


Marco General Construction, Inc.


Chapter 11


#201.00 Scheduling and Case Management Conference in a Chapter 11 Case fr. 6-19-19, 9-18-19, 12-18-19, 4-1-20, 6-30-20

Docket 1

*** VACATED *** REASON: CONT'D. TO 10/7/20 @ 2PM

Courtroom Deputy:

8/26/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1617540829

ZoomGov meeting number: 161 754 0829

Password: 059751


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Tentative Ruling:

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

CONT...


Marco General Construction, Inc.


Chapter 11

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

CONT...


Marco General Construction, Inc.


Chapter 11

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.

Party Information

Debtor(s):

Marco General Construction, Inc. Represented By

Michael Jay Berger

10:00 AM

2:00-00000 Chapter 0


#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."

9/1/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1613834129 ZoomGov meeting number: 161 383 4129

Password: 876756


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)



Docket 0


Courtroom Deputy:

10:00 AM

CONT... Chapter 0

10:00 AM

2:20-11533


Christopher Gordon Fields


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 933 Beech Hill Ave., Hacienda Heights, CA 91745


MOVANT: US BANK, NA fr. 9-15-20

Docket 22


Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance by:


10/2/20 - Donna LaPorte, (949)232-1115


10/5/20 - Lucy Mavyan, (626)395-7576


Party Information

Debtor(s):

Christopher Gordon Fields Represented By Brian J Soo-Hoo

Movant(s):

U.S. BANK NATIONAL Represented By Diane Weifenbach

10:00 AM

CONT...

Trustee(s):


Christopher Gordon Fields


Chapter 7

Wesley H Avery (TR) Pro Se

10:00 AM

2:20-18114


Sinaloence Food Products & Services, Inc.


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 4813 and 4821 E. Rosecrans, Compton, CA 90221


MOVANT: RAVI FINANCIAL, A WYOMING LIMITED LIABILITY COMPANY


Docket 12

*** VACATED *** REASON: 9/21/20 - CASE DISMISSED. OFF CALENDAR. NO APPEARANCE REQUIRED.

Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Party Information

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

2:19-10211


Lennon and Wolfe, Inc.


Chapter 7

Adv#: 2:19-01487 YOO v. Lennon et al


#200.00 Status Conference re: 12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) Complaint by Timothy J Yoo against Amanda Lennon, Christopher Lennon


fr. 1-14-20, 2-25-20, 4-28-20, 8-4-20


Docket 1

*** VACATED *** REASON: 8/13/20 - NOTICE OF DISMISSAL FILED.

Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Party Information

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

CONT...

Trustee(s):


Lennon and Wolfe, Inc.


Chapter 7

Timothy Yoo (TR) Represented By Steven T Gubner Robyn B Sokol

2:00 PM

2:19-14219


Candina Marie Ozuna


Chapter 7

Adv#: 2:19-01330 Menchaca v. Ozuna et al


#201.00 Status Conference re: 13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) Complaint by John J. Menchaca against Candina Marie Ozuna, David Ozuna,

Theresa Harden, Richard Harden


fr. 11-5-19, 3-17-20; 6-30-20, 8-25-20


Docket 1

*** VACATED *** REASON: 8/31/20 - ADV. DISMISSED

Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Party Information

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

CONT...


Candina Marie Ozuna


Craig G Margulies


Chapter 7

Plaintiff(s):

John J. Menchaca Represented By David M Goodrich

Trustee(s):

John J Menchaca (TR) Represented By David M Goodrich

2:00 PM

2:19-15575


Walter Steven Nevarez


Chapter 7

Adv#: 2:19-01271 Elizabeth K.. Beaver Recovable Trust v. Nevarez


#202.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury)) Complaint by Elizabeth K. Beaver Recovable Trust against Walter Steven Nevarez


fr. 10-15-19, 1-28-20, 5-5-20, 8-4-20


Docket 1


Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Party Information

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

CONT...

Trustee(s):


Walter Steven Nevarez


Chapter 7

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:19-22668


Lydia C Gutierrez


Chapter 7

Adv#: 2:20-01069 Leslie v. Gutierrez et al


#203.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)) Complaint by Sam S. Leslie against Alvaro J. Gutierrez, Luis E. Gutierrez, Crystal Adilene Yanez


fr. 6-2-20, 9-8-20


Docket 1


Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance by:


10/2/20 - Toan Chung, (323)724-3117


Party Information

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

CONT...


Lydia C Gutierrez


Grace White


Chapter 7

Plaintiff(s):

Sam S. Leslie Represented By

Toan B Chung

Trustee(s):

Sam S Leslie (TR) Represented By Toan B Chung

2:00 PM

2:20-10295


Jonas Chang


Chapter 7

Adv#: 2:20-01170 Chang et al v. Jonamerica, LLC


#204.00 Status Conference re: 81 (Subordination of claim or interest)) Complaint by Jonas Chang, Christy Chang against Jonamerica, LLC.


Docket 1

*** VACATED *** REASON: CONT'D. TO 12/8/20 @ 2PM

Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Party Information

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

CONT...


Trustee(s):


Jonas Chang


Jay Norton Chris T Nguyen


Chapter 7

Carolyn A Dye (TR) Represented By Alan I Nahmias

2:00 PM

2:20-13814


Chia Jung Chou


Chapter 7

Adv#: 2:20-01169 Wang et al v. Chou et al


#205.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) Complaint by Jing Wang, Denny Koo against Chia Jung Chou, Jesus Guillermo Orozco


Docket 1

*** VACATED *** REASON: CONT'D. TO 4/6/21 @ 2PM

Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Party Information

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

CONT...


Chia Jung Chou


Chapter 7

Denny Koo Represented By

James R Selth

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

2:00 PM

2:19-13871


J. Robert Scott, Inc.


Chapter 11

Adv#: 2:20-01046 J. Robert Scott, Inc. v. KLM Interiors, LLC


#206.00 Status Conference re: 11 (Recovery of money/property - 542 turnover of property)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by J.

Robert Scott, Inc. against KLM Interiors, LLC fr. 5-5-20, 6-2-20, 7-14-20

Docket 1

*** VACATED *** REASON: APPEARANCES WAIVED.

Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)


Party Information

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

CONT...


J. Robert Scott, Inc.


Crystle Jane Lindsey Daniel J Weintraub


Chapter 11

2:00 PM

2:20-10401


William K Spencer


Chapter 7

Adv#: 2:20-01103 Nolan v. Spencer


#207.00 Order to Show Cause why Defendant's Answer should not be Stricken and Plaintiff be Permitted to Proceed by way of Default against the Defendant


Docket 7


Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

10/5/20 - William Spencer (818)903-3099 (Appearing by Phone)


Party Information

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

2:20-10401


William K Spencer


Chapter 7

Adv#: 2:20-01103 Nolan v. Spencer


#208.00 Status Conference re: 62 (Dischargeability - 523(a)(2) false pretenses, false representation, actual fraud)) Complaint by Gwendolyn Nolan against William K Spencer


fr. 6-30-20


Docket 1


Courtroom Deputy:

10/6/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1615306187 ZoomGov meeting number: 161 530 6187

Password: 259553


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

10/5/20 - William Spencer (818)903-3099 (Appearing by Phone)

Party Information

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

2:00-00000 Chapter


#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."

10/7/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1616061959 ZoomGov meeting number: 161 606 1959

Password: 412359


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)



Docket 0


Courtroom Deputy:

10:00 AM

CONT... Chapter

Tentative Ruling:

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

CONT...


Steven M Bren


Chapter 7


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

CONT...


Steven M Bren


Chapter 7


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

CONT...


Steven M Bren


Chapter 7

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.


Party Information

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

CONT...


Steven M Bren


Ryan D O'Dea Rika Kido


Chapter 7

10:00 AM

2:15-14744


Video Symphony Entertraining Inc


Chapter 7

Adv#: 2:16-01294 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al


#2.00 Status Conference re: 91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) Complaint by Richard K. Diamond, Chapter 7 Trustee, Plaintiff against Michael Gerard Flanagan, Michael Gerard Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, 2009, Alice Yick Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, Video Symphony, LLC.


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


Courtroom Deputy:

12/22/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1608319597 ZoomGov meeting number: 160 831 9597

Password: 538577


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance by:


12/21/20 - Michael Flanagan, (818)692-2074 12/21/20 - Michael D'Alba, (310)277-0077

Tentative Ruling:

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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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.

Party Information

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

CONT...


Video Symphony Entertraining Inc


Sonia Singh


Chapter 7

10:00 AM

2:15-14744


Video Symphony Entertraining Inc


Chapter 7

Adv#: 2:16-01480 Diamond, Chapter 7 Trustee, Plaintiff v. Flanagan et al


#3.00 Status Conference re: 14 (Recovery of money/property - other)),(72 (Injunctive relief - other)) Complaint by Richard K. Diamond, Chapter 7 Trustee, Plaintiff against Alice Yick Flanagan, Alice Yick Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, Michael Gerard Flanagan, Michael Gerard Flanagan, as trustee of The Michael and Alice Flanagan Family Trust dated July 25, 2009


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


Courtroom Deputy:

12/22/20 - Hearing conducted by ZOOMGov.

Video/audio web address: https://cacb.zoomgov.com/j/1608319597 ZoomGov meeting number: 160 831 9597

Password: 538577


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666 (when prompted, enter meeting number and password shown above)

ZoomGov Appearance by:


12/21/20 - Michael D'Alba, (310)277-0077

Tentative Ruling:

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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7


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

CONT...


Video Symphony Entertraining Inc


Chapter 7

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.

Party Information

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

CONT...


Trustee(s):


Video Symphony Entertraining Inc


Howard Kollitz


Chapter 7

Richard K Diamond (TR) Represented By Michael G D'Alba Howard Kollitz Sonia Singh