10:00 AM

6:18-14917


Hao Wang


Chapter 7


#1.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney


Americredit Financial Services, Inc. vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 12/12/19)


Re: 2016 CADILLAC ESCALADE VIN 1GYS3HKJ6GR437067


EH            


Docket 111


Tentative Ruling:

Tentative for 01/07/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Hao Wang Represented By

Sam X J Wu

Trustee(s):

Arturo Cisneros (TR) Represented By Thomas H Casey

10:00 AM

6:19-17538


Adolfo Preciado Delira


Chapter 7


#3.00


Aldridge Pite, LLP - movant attorney Motion for Relief from Stay

Bayview Loan Servicing, LLC vs. DEBTOR (Motion filed 11/14/19)


Re: 934 Haight Ct, El Dorado Hills, California 95762-4309 EH            

Docket 14


Tentative Ruling:

Tentative for 01/07/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Adolfo Preciado Delira Represented By Benjamin R Heston

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:19-18620


Christian Cain Morris


Chapter 7


#4.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Mercedes-Benz Financial Services USA, LLC vs. DEBTOR, Lynda T. Bui, trustee

(Motion filed 12/4/19)


Re: 2015 MERCEDES-BENZ S550V VIN WDDUG8CB0FA185569


Docket 11


Tentative Ruling:

Tentative for 01/07/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Christian Cain Morris Represented By Norma Duenas

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:19-18847


Max Montoy Lopez, Sr.


Chapter 7


#5.00


Cazzell & Associates - movant attorney Motion for Relief from Stay

Jeffrey J. Hutchison, trustee of the Hutchison Revocable Trust dated 1989 vs. DEBTOR


(Motion filed 12/11/19)


Re: Commercial Real Property EH            

Docket 9

*** VACATED *** REASON: OFF CALENDAR - PER ORDER ORDER GRANTING MOTION FOR RELIEF FROM STAY - SETTLED BY STIPULATION - ORDER ENTERED 12-27-19 - (DOCKET NO. [12-27-19)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Max Montoy Lopez Sr. Represented By Todd L Turoci

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:19-19036


Eric Lee Tavious Hill


Chapter 7


#6.00


Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay

Gateway One Lending & Finance vs. DEBTOR (Motion filed 12/4/19)


Re: 2006 Porsche Carrera S


Docket 19


Tentative Ruling:

Tentative for 01/07/20 is to DENY.


Movant possesses an equity cushion of 35%. See, Movant's Declaration at ¶

    1. The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).


      Appearances are excused.


      Debtor(s):


      Party Information

      Eric Lee Tavious Hill Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:19-19036


      Eric Lee Tavious Hill


      Chapter 7


      #6.10


      Wedgewood - Office of the general Counsel - movant attorney Motion for Relief from Stay

      Civic Ventures, LLC vs. DEBTOR (Motion filed 12/17/19)


      Re: 5708 Brushton Street, Los Angeles, CA 90008 EH            

      Docket 21


      Tentative Ruling:

      Tentative for 01/07/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Eric Lee Tavious Hill Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:19-19036


      Eric Lee Tavious Hill


      Chapter 7


      #6.20


      Wedgewood -Office of the General Counsel - movant attorney Motion for Relief from sty

      Civic Ventures, LLC vs. DEBTOR (Motion filed 11/15/19)


      (Cont. from 12/17/19)


      Re: 5708 Brushton Street, Los Angeles, CA 90008 EH            


      Docket 15

      *** VACATED *** REASON: Motion to be withdrawn by movant - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Eric Lee Tavious Hill Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:19-19587


      Charles D. Showalter


      Chapter 7


      #7.00


      Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay

      Yamaha Motor Finance Corp. vs. DEBTOR (Motion filed 12/3/19)


      Re: 2017 Yamaha YZF-R3 EH            

      Docket 9


      Tentative Ruling:

      Tentative for 01/07/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Charles D. Showalter Represented By Gregory Ashcraft

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      10:00 AM

      6:19-20260


      Marilyn Yvette Harris


      Chapter 7


      #8.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Nissan Motor Acceptance Corporation vs. DEBTOR, Todd A. Frealy, trustee (Motion filed 12/13/19)


      Re: 2017 Nissan Pathfinder, VIN: 5N1DR2MN4HC913746 EH            

      Docket 8


      Tentative Ruling:

      Tentative for 01/07/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Marilyn Yvette Harris Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:19-20310


      Cynthia Ranee Trudeau


      Chapter 7


      #9.00


      Barry Lee O'Connor APLC - movant attorney Motion for Relief from Stay

      Paymon Bidari, Randee Bidari vs. DEBTOR (Motion filed 12/13/19)


      Re: 27914 Springhaven St Murrieta, CA 92563 EH            

      Docket 9


      Tentative Ruling:

      Tentative for 01/07/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Cynthia Ranee Trudeau Represented By Kristin R Lamar

      Trustee(s):

      Charles W Daff (TR) Pro Se

      10:00 AM

      6:19-20410


      Maricel Palomino


      Chapter 7


      #10.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Daimler Trust vs. DEBTOR, Karl T. Anderson, trustee (Motion filed 12/11/19)


      Re: 2018 Mercedes-Benz GLE350W4, VIN 4JGDA5HB3JB143267


      EH            


      Docket 11


      Tentative Ruling:

      Tentative for 01/07/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Maricel Palomino Represented By Gregory Ashcraft

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      10:00 AM

      6:19-19665


      Denalonor Zuniga


      Chapter 7


      #10.10


      Law Offices of Rashid Shamim - movant attorney Motion for Relief from Stay

      Atenogenes Galarza Rodriguez vs DEBTOR (Motion filed 11/18/19)

      (Cont. from 12/17/19)


      Re: Atenogenes Galarza vs DR Express Inc and Dina Zuniga Docket Number: ADJ11418667 & ADJ 11418689


      EH         


      Docket 14


      Tentative Ruling:

      Tentative for 01/07/20:


      The Court is inclined to GRANT pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver, provided that Movant can establish to the Court's satisfaction that Dina Zuniga is an alias for the Debtor, Denalonor Zuniga.


      Appearances are required.


      ***************************************************************************** Tentative for 12/17/19 is to CONTINUE this matter to January 7, 2020 at 10:00 a.m. for the purposes of allowing Movant to effectuate proper service upon Debtor as required by LBR 4001-1(c)(1)(C)(i).


      Appearances are excused.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Denalonor Zuniga


      Chapter 7

      Denalonor Zuniga Represented By Stephen H Darrow

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:13-21273


      HORACIO GRANADOS and MARIA SILVIA


      Chapter 7


      #11.00


      Hrg. on Debtor's Motion filed 12/3/19 to Reopen Chapter 7 Case EH            

      Docket 15

      *** VACATED *** REASON: Order entered 12/13/19 - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      HORACIO GRANADOS Represented By William D Gurney Brian J Soo-Hoo

      Joint Debtor(s):

      MARIA SILVIA GRANADOS Represented By William D Gurney Brian J Soo-Hoo

      Trustee(s):

      Charles W Daff (TR) Pro Se

      11:00 AM

      6:13-28836

      Ann Lighthall Marshall

      Chapter 7

      #12.00

      Hrg. on attorneys for chapter 7 trustee's Application for Compensation Interim Fees for Dominique M. Varner, Special Counsel, Period: 6/25/2019 to 11/8/2019, Fee: $2,458.99, Expenses: $0.

      EH            

      Docket 55


      Tentative Ruling:

      Tentative for 01/07/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Ann Lighthall Marshall Represented By Karen E Lockhart

      Trustee(s):

      John P Pringle (TR) Represented By Patricia Miller

      Michelle A Marchisotto

      11:00 AM

      6:17-17688


      Luis A Ranero


      Chapter 7


      #13.00


      Hrg. on Application for Compensation Application for Payment of Final Fees and/or Expenses, for Law Offices of Dale K. Galipo, Trustee's Attorney, Period: to, Fees: $256,670.25, Expenses: $8,324.38.


      EH            


      Docket 63


      Tentative Ruling:

      Tentative for 01/07/20 is to APPROVE as requested, provided that the Applicant files a supplemental declaration no later than January 6, 2020 at 12:00 p.m. containing information required by applicable rules, including LBR 2016-1(d) and LBR 2016-1(a)(1)(A)(iii).


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Luis A Ranero Represented By Aaron Lloyd

      Trustee(s):

      Lynda T. Bui (TR) Represented By David M Goodrich Dale K Galipo

      11:00 AM

      6:17-18347


      Armando Rivera and Leslie M. Rivera


      Chapter 7


      #14.00


      Hrg. on chapter 7 trustee's Motion filed 11/27/19 Re: Objection to Claim Number 8 by Claimant Real Time Resolutions, Inc. as Agent for The Bank of New York Mellon


      EH            


      Docket 75


      Tentative Ruling:

      Tentative for 01/07/20:

      Physical appearances are required by Counsels arguing the matter (not appearance attorneys) in Courtroom 5C, Santa Ana. No telephonic appearances will be permitted.


      Party Information

      Debtor(s):

      Armando Rivera Represented By Keith Q Nguyen

      Joint Debtor(s):

      Leslie M. Rivera Represented By Keith Q Nguyen

      Trustee(s):

      Charles W Daff (TR) Represented By Lynda T Bui Rika Kido

      11:00 AM

      6:19-11644


      Lee Collin Korman


      Chapter 7


      #15.00


      Hrg. on trustee's final report and applications for compensation EH            


      Docket 0


      Tentative Ruling:

      Tentative for 01/07/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Lee Collin Korman Represented By Jenny L Doling

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:19-17921


      Edilberto Norales


      Chapter 7


      #16.00


      Hrg. on Debtor's Motion filed 12/2/19 to Change Venue EH            

      Docket 14


      Tentative Ruling:

      Tentative for 01/07/19 is to DENY:


      The Court previously reviewed the Pro Se Debtor's motion to change venue, and noting its brevity and lack of supporting evidence, as well as the fact that it was not properly served, instructed Debtor to cure these deficiencies pursuant to an Order issued 12/16/19 [Dk. 20]. As of the posting of this tentative, nothing further has been filed on this matter.


      Accordingly, the Court is inclined to DENY this motion on the basis that it was not properly served pursuant to LBR 9013-1(o) and does not contain sufficient evidence pursuant to LBR 9013-1(i) to demonstrate that change of venue is in the interest of justice or for the convenience of all parties. The single page motion does not contain any facts which would justify the relief sought and is not supported by a declaration.


      A district court may transfer a case or proceeding under title 11 to a district court for another district, in the interest of justice or for the convenience of the parties. 11 U.S.C. § 1412. In evaluating the "interest of justice" and "convenience of parties" the Court must view the totality of the circumstances, which entails not only the a debtor's access to the court but a balancing of due process concerns to ensure appropriate access to the court for all parties in interest. In re Donald, 328 B.R. 192, 204 (B.A.P. 9th Cir. 2005).


      In reviewing the Debtor's schedules, the Court notes that the Debtor scheduled business-related debts, that the Debtor's business is located in Riverside County, and several of the Debtor's primary creditors are local to the Central District, all of which support and explain why the Debtor originally

      11:00 AM

      CONT...


      Edilberto Norales


      Chapter 7

      chose this venue. Absent further information, the Court cannot find it in the interest of all parties to transfer venue of administration of this case to King County, WA.


      If the Movant agrees with the above tentative, no appearances are required.

      Party Information

      Debtor(s):

      Edilberto Norales Pro Se

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #17.00


      Hrg. on Debtor-in-Possession Motion filed 12/5/19 to Assume Lease or Executory Contract Motion For Order Authorizing Debtor To Assume Nonresidential Real Property Lease Agreement


      EH            


      Docket 111


      Tentative Ruling:

      Tentative for 01/07/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #18.00


      Hrg. on Creditors' Ex Parte Application filed 12/12/19 for an extension of the Claims Bar Date for Debtor's former and current employees


      EH          


      Docket 117


      Tentative Ruling:

      Tentative for 01/07/20:


      The Movant should come prepared to discuss the following issues:


      1. Counsel’s authority to move on behalf of unrepresented claimants,

      2. Status of class certification activities,

      3. Deficiencies, if any, in the notices of bar date,

      4. Whether the confusion of claimants is in any way attributable to the Debtors,

      5. Why proofs of claim could not have been timely filed.


Appearances required.


Debtor(s):


Party Information

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter

1:30 PM

6:19-19750


Delta Hospice of California Inc


Chapter 11


#19.00


Hrg. on Chapter 11 Status Conference EH            

Docket 0

*** VACATED *** REASON: Case Converted to chapter 7 on 12/13/19 - jc Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Delta Hospice of California Inc Represented By

David A Akintimoye

1:30 PM

6:19-20116


Nakamoto Bullies, Inc.


Chapter 11


#20.00


Hrg. on Chapter 11 Status Conference EH            

Docket 1


Tentative Ruling:

Tentative for 01/07/20 is to set the following dates/deadlines:


  1. March 15, 2020 - Deadline to file a plan and disclosure statement (as requested by Debtor in 12/23/19 Status Report [Dk. 13]). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.


  2. March 15, 2020 - Claims Bar Date (as requested by Debtor in 12/23/19 Status Report [Dk. 13]).


  3. A continued status conference will be held on June 23, 2020 at 11:00

a.m. A status report is due 14 days in advance. Appearances required.

Debtor is to lodge an order within seven days.


Party Information

Debtor(s):

Nakamoto Bullies, Inc. Represented By Kevin Tang

Santa Ana

Judge Scott Clarkson, Presiding Courtroom 5C Calendar


Tuesday, January 7, 2020 Hearing Room 5C


10:00 AM

8:19-14746


Lorraine J. Ortiz


Chapter 13


#2.00


Hearing RE: Amended Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate

(Motion filed 12/11/19) (Amended Motion filed 12/13/19)


[RE: 700 Walnut Avenue, Suite 86, Orange CA 92868]


Docket 13


Tentative Ruling:

Tentative for 01/07/20:


Grant pursuant to 11 U.S.C. § 362(c)(3)(B).


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.


Party Information

Debtor(s):

Lorraine J. Ortiz Represented By Bert Briones

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:00 AM

6:19-17638


Jesus Murillo and Cecilia Antonia Murillo


Chapter 7


#1.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, in the amount of $13,455.15


Re: 2015 Kia Optima


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesus Murillo Represented By

Marlin Branstetter

Joint Debtor(s):

Cecilia Antonia Murillo Represented By Marlin Branstetter

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:19-17658


Maria Candelaria Rojas


Chapter 7


#2.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and American Honda Finance Corporation, in the amount of $19,590.67


Re: 2017 Honda Accord


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Candelaria Rojas Pro Se

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:19-17835


Colleen E Tabor


Chapter 7


#3.00


Hrg. on approval of Reaffirmation Agreement filed 12/6/19 Between Debtor and United Federal Credit Union, in the amount of $6,927.55


Re: 2016 Nissan Versa


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Colleen E Tabor Pro Se

Trustee(s):

Charles W Daff (TR) Pro Se

10:00 AM

6:19-18717


Praise Chinecherem Okoh


Chapter 7


#4.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial, in the amount of $24,158.46


Re: 2015 Mercedes-Benz


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Praise Chinecherem Okoh Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:19-19377


Derek Lavelle Williams


Chapter 7


#5.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $16,076.93


Re: 2006 Thor Tahoe Transport


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Derek Lavelle Williams Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:19-19377


Derek Lavelle Williams


Chapter 7


#6.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $24,414.74


Re: 2016 Chevrolet Camaro


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Derek Lavelle Williams Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:19-19665


Denalonor Zuniga


Chapter 7


#7.00


Hrg. on approval of Reaffirmation Agreement filed 12/16/19 Between Debtor and Ally Bank, in the amount of $16,212.87


Re: 2016 RAM 2500


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Denalonor Zuniga Represented By Stephen H Darrow

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:19-19681


Felix Antonio Mejia and Maria Guadalupe Lopez Mejia


Chapter 7


#8.00


Hrg. on approval of Reaffirmation Agreement filed 12/12/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $5,853,42


Re: 2014 Toyota Corolla


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Felix Antonio Mejia Represented By Michael E Clark

Joint Debtor(s):

Maria Guadalupe Lopez Mejia Represented By Michael E Clark

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:19-19681


Felix Antonio Mejia and Maria Guadalupe Lopez Mejia


Chapter 7


#9.00


Hrg. on approval of Reaffirmation Agreement filed 12/17/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $23,404.39


Re: 2018 Toyota Camry


Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Felix Antonio Mejia Represented By Michael E Clark

Joint Debtor(s):

Maria Guadalupe Lopez Mejia Represented By Michael E Clark

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:19-19951


Jose Ricardo Garcia and Ana Garcia


Chapter 7


#9.10


Hrg. on approval of Reaffirmation Agreement filed 12/19/19, Between Debtor and Toyota Motor Credit Corporation, in the amount of $25,750.12


Re: 2018 Toyota RAV4


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Ricardo Garcia Pro Se

Joint Debtor(s):

Ana Garcia Pro Se

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:19-18610


Nicholas Salotti


Chapter 7


#9.20


Hrg. on approval of Reaffirmation Agreement Between Debtor and First Tech Federal Credit Union, in the amount of $44,475.46


Re: 2018 Toyota Tundra


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nicholas Salotti Represented By

James D. Hornbuckle

Trustee(s):

Charles W Daff (TR) Pro Se

1:30 PM

6:18-14917


Hao Wang


Chapter 7

Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang


#20.00


STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Hao Wang - 727(c),(d),(e)


EH            


Docket 1


Tentative Ruling:

Tentative for 01/08/20:


This matter is CONTINUED to March 4, 2020 at 1:30 p.m. A status report is due 14 days in advance.


Plaintiff is to file its motion for default judgment by no later than January 31, 2020, and may have it determined without a hearing pursuant to applicable local rules or schedule it for to be heard concurrently on March 4, 2020 at 1:30 p.m., at Plaintiff's election.


Appearances for the 01/08/20 hearing are excused.


Party Information

Debtor(s):

Hao Wang Represented By

Sam X J Wu

Defendant(s):

Hao Wang Pro Se

Plaintiff(s):

United States Trustee for the Central Represented By

Everett L Green

1:30 PM

CONT...

Trustee(s):


Hao Wang


Chapter 7

Arturo Cisneros (TR) Represented By Thomas H Casey

1:30 PM

6:19-10179


Hector M Araiza, Jr.


Chapter 7

Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.


#21.00


PRE-TRIAL CONFERENCE re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - 523(a)(2), 523(a)(4), 523(a)(6)


EH            


(Cont. from 11/20/19)


Docket 1


Tentative Ruling:

Tentative for 01/08/20:


Appearances required. Counsels should be prepared to discuss trial scheduling.


Potential available trial dates are:


Week of February 24, 2020

March 16-17, 2020

March 23-24, 2020

April 6-8, 2020

Week of May 18, 2020


**************************************************************************************** Tentative for 11/20/19:

The Court notes that Plaintiff has failed to adhere to the requirements of LBR 7016-1. The Court is inclined to set an Order to Show Cause why this adversary proceeding should not be dismissed in light of the Plaintiff's failure to comply with applicable rules.


Appearances are required.

1:30 PM

CONT...


Hector M Araiza, Jr.


Chapter 7


************************************************************************** Tentative for 5/15/19:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: July 31, 2019. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: September 15, 2019. Note: this is the date by which all non-discovery motions must be heard and resolved.


  3. Pretrial conference: November 20, 2019, 1:30 p.m.


    The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


    Plaintiff is to lodge a scheduling order within seven (7) days.


    Party Information

    Debtor(s):

    Hector M Araiza Jr. Represented By

    W. Derek May

    Defendant(s):

    Hector M Araiza Jr. Pro Se

    Plaintiff(s):

    Jeffrey Barnes Represented By Christopher D Hughes

    Jeffrey Barnes Represented By Christopher D Hughes

    1:30 PM

    CONT...

    Trustee(s):


    Hector M Araiza, Jr.


    Chapter 7

    Karl T Anderson (TR) Pro Se

    1:30 PM

    6:19-10538


    Raymond Richard Quinto,, Jr.


    Chapter 7

    Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al


    #22.00


    Hrg. on Plaintiff's Motion For Summary Judgment EH            

    Docket 15


    Tentative Ruling:

    Tentative for 01/08/2019:


    Before the Court is a Motion for Summary Judgment. Plaintiff argues that there is no genuine issue of material fact and he is entitled to judgment as a matter of law as to his avoidance and recovery of fraudulent transfer claims.


    The Trustee has the burden of proving, by preponderance of the evidence, the elements of the claims for relief. Cal. Civ. Code § 3439.04(c); In re Brobeck, Phleger & Harrison LLP, 408 B.R. 318, 338–39 (Bankr. N.D. Cal. 2009). The burden of showing something by a preponderance of evidence requires a showing that the existence of a fact is more probable than its nonexistence. Metro. Stevedore Co. v. Rambo, 521 U.S. 121, 117 S. Ct.

    1953, 138 L. Ed. 2d 327 (1997).


    The Court is inclined to DENY the motion for summary judgment for the following reasons:


    1. Plaintiff fails to demonstrate that the Debtor had intent to hinder, delay or defraud creditors, as required under both § 548 and Cal. Civ. Code § 3439.04(a)(1). "The presence of a single badge of fraud may spur mere suspicion; the confluence of several can constitute conclusive evidence of actual intent to defraud, absent ‘significantly clear’ evidence of a legitimate supervening purpose." In re Acequia, Inc., 34 F.3d 800, 805–06 (9th Cir. 1994). Here, Debtor’s ownership in the business

      1:30 PM

      CONT...


      Raymond Richard Quinto,, Jr.

      appears to be a legitimate supervening purpose.

    2. Plaintiff alleges that Debtor did not directly obtain "reasonably equivalent value" through the transfer of funds to Debtor’s solely owned company from Defendants. However, Defendant alleges that Debtor received "reasonably equivalent value" indirectly via the transfers. Even a self-serving declaration can establish a genuine issue of material fact. SEC v. Phan, 500 F3d 895 (9th Cir. 2007). Therefore, there remains a triable issue of material fact as to both § 548 and Cal. Civ. Code 3439.04(a)(2).

    3. Plaintiff fails to show that the Debtor was insolvent or became insolvent as a result of the transfer and/or knew Debtor was incurring debts he could not pay. While Plaintiff points to Debtor’s petition to show that at the time Debtor made the transfer Debtor was in an insolvent financial state, the petition does not indicate dates for each of the debts or assets. The fraudulent transfers occurred over a period of 2016-2017. The petition date is 1/22/19. Although the latest transfer is approximately one year from the petition date, it was not made within the statutory time frame for presuming insolvency. Further, Trustee has not established that Debtor’s debts exceeded his assets, fitting the definition of "insolvent" prescribed by the Code, given the lack of dates in the petition.


      Chapter 7


      As a result, there remains genuine issue of material fact and the Movant is not entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c).


      Appearances are required.


      Party Information

      Debtor(s):

      Raymond Richard Quinto, Jr. Represented By John D Faucher

      Defendant(s):

      Jeffrey Pont Represented By

      1:30 PM

      CONT...


      Raymond Richard Quinto,, Jr.


      Roger F Friedman Heather N Herd


      Chapter 7

      Shantal Pont Represented By

      Roger F Friedman Heather N Herd

      Plaintiff(s):

      Steven M Speier, Chapter 7 Trustee Represented By

      Robert P Goe Ryan S Riddles

      Trustee(s):

      Steven M Speier (TR) Represented By Robert P Goe

      Elizabeth A LaRocque

      1:30 PM

      6:19-11920


      Air Force Village West Inc


      Chapter 11

      Adv#: 6:19-01139 Westmont Development, L.P. v. CIT Bank N.A., and its successors and/or


      #23.00


      STATUS CONFERENCE re: Complaint by Westmont Development, L.P. against CIT Bank N.A., and its successors and/or assignees. Extent and Priority of Liens Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment))


      EH            


      Docket 1

      *** VACATED *** REASON: Adversary resolved by order entered on 12/5/19 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron

      Defendant(s):

      CIT Bank N.A., and its successors Pro Se

      Plaintiff(s):

      Westmont Development, L.P. Represented By Jason Hamilton Eric J Fromme

      1:30 PM

      6:19-15954


      William Horace Eisenhower


      Chapter 7

      Adv#: 6:19-01141 Friend, Jr v. Eisenhower


      #24.00


      STATUS CONFERENCE re: Complaint by Robert M Friend Jr against William Horace Eisenhower - 523(a)(4)


      EH            


      Docket 1


      Tentative Ruling:

      Tentative for 01/08/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions:


      This adversary was filed on October 15, 2019. The Court notes that, as of the posting of this tentative, the docket does not any activity beyond the original filing. Thus, in addition to failing to serve the case initiating documents, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued October 15, 2019 [Dk. 2].


      Appearances are required.


      Debtor(s):


      Party Information

      William Horace Eisenhower Represented By Alon Darvish

      Defendant(s):

      William Horace Eisenhower Pro Se

      Plaintiff(s):

      Robert M Friend Jr Represented By Aaron F Garcia

      1:30 PM

      CONT...

      Trustee(s):


      William Horace Eisenhower


      Chapter 7

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-16685


      Bernard Gomez


      Chapter 7

      Adv#: 6:19-01143 Borders et al v. Gomez et al


      #25.00


      STATUS CONFERENCE re: Complaint by Brent Alden Borders, Jalena Dawn Borders against Bernard Gomez, Mandy Gomez - 523(a)(2)(a), 523(a)(6)


      EH            


      Docket 1

      Tentative Ruling:

      Tentative for 01/08/20 is to CONTINUE to April 1, 2020 at 1:30 p.m. A status report is due 14 days in advance.

      Appearances are excused.

      Debtor(s):

      Party Information

      Bernard Gomez Represented By Gary B Elmer

      Defendant(s):

      Bernard Gomez Pro Se

      Mandy Gomez Pro Se

      Joint Debtor(s):

      Mandy Gomez Represented By Gary B Elmer

      Plaintiff(s):

      Brent Alden Borders Represented By Douglas A Plazak

      Jalena Dawn Borders Represented By Douglas A Plazak

      1:30 PM

      CONT...

      Trustee(s):


      Bernard Gomez


      Chapter 7

      Lynda T. Bui (TR) Pro Se

      11:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #10.00


      Hearing Re: Application For Appearance And Examination; Enforcement Of Judgment; Third Person: Ming Jun Chen


      Docket 19


      Tentative Ruling:

      Tentative for 01/08/20:


      Creditor is advised to file a proof of service no later than January 6, 2020.

      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      Movant(s):

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      11:00 AM

      CONT...


      Ali Shah


      Chapter 7

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Ehat Represented By David L Amkraut

      Plaintiff(s):

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Stephen Kent Ehat Represented By David L Amkraut

      Trustee(s):

      James J Joseph (TR) Pro Se

      11:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #11.00


      Hearing RE: Application And Order For Appearance And Examination Enforcement of Judgment, Third Person: Ariana Shah Blenkers aka Ariana Blenkers


      Docket 20


      Tentative Ruling:

      Tentative for 01/08/20:


      Creditor is advised to file a proof of service no later than January 6, 2020.

      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      Plaintiff(s):

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      11:00 AM

      CONT...


      Ali Shah


      Chapter 7

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Stephen Kent Ehat Represented By David L Amkraut

      Trustee(s):

      James J Joseph (TR) Pro Se

      11:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #12.00


      Hearing RE: Application And Order For Appearance And Examination; Enforcement Of Judgment; Third Person: Ping Hsuan Li


      Docket 23


      Tentative Ruling:

      Tentative for 01/08/20:


      Creditor is advised to file a proof of service no later than January 6, 2020.

      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      Movant(s):

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      11:00 AM

      CONT...


      Ali Shah


      Chapter 7

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Ehat Represented By David L Amkraut

      Plaintiff(s):

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Stephen Kent Ehat Represented By David L Amkraut

      Trustee(s):

      James J Joseph (TR) Pro Se

      11:00 AM

      8:17-12746


      Du Sik Kang


      Chapter 7

      Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al


      #13.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

      1. Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];

      2. Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];

      3. Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];

      4. Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And

      5. Turnover [11 U.S.C. Section 542(a)] (Complaint filed 6/18/18)

(First Amended Complaint filed 7/26/18) [Judgment RE Well Fargo ONLY] (PTC set at S/C held 6/12/19)


FR: 9-12-18; 11-7-18; 1-23-19; 4-17-19; 6-12-19


Docket 11

*** VACATED *** REASON: CONTINUED TO APRIL 15, 2020 AT 11:00

A.M. PER ORDER GRANTING STIPULATION TO CONTINUE PRE- TRIAL CONFERENCE ENTERED 11-21-19 - (DOCKET NO. [50])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Du Sik Kang Represented By

Jisoo Hwang

Defendant(s):

Ik Soo Bang Pro Se

Hye Young Bang Pro Se

Ik Soo Bang, Hye Young Bang, as Pro Se

11:00 AM

CONT...


Du Sik Kang


Chapter 7

Wells Fargo & Company Pro Se

Plaintiff(s):

Jeffrey I. Golden, Chapter 7 Trustee Represented By

Noreen A Madoyan

Trustee(s):

Jeffrey I Golden (TR) Represented By Noreen A Madoyan

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon


#14.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

  1. Breach Of Fiduciary Duty

  2. Conversion

  3. Negligence

  4. Waste of Corporate Assets (Complaint filed 9/14/18)

    (PTC set at S/C held 12/19/18)


    FR: 12-5-18 AT 10:00 a.m.; 12-5-18; 12-19-18; 7-17-19; 9-18-19; 11-6-19


    Docket 1


    Tentative Ruling:

    Tentative for 01/08/20 is to CONTINUE this status conference to March 11, 2020 at 10:00 a.m. Should this matter not be vacated via an approved settlement or otherwise, a status report will be due 14 days prior to the hearing.


    Appearances are excused.


    ******************************************************************************** Tentative for 11/06/19:

    The Court notes that both parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.


    The Court is inclined to continue this status conference to January 8, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.


    Appearances are excused.

    11:00 AM

    CONT...


    Debtor(s):


    Luminance Recovery Center, LLC

    Party Information


    Chapter 7

    Luminance Recovery Center, LLC Represented By

    Jeffrey I Golden Beth Gaschen

    Defendant(s):

    Michael E Castanon Pro Se

    Plaintiff(s):

    Richard A Marshack, Ch 7 Trustee Represented By

    Marsha A Houston

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

    11:00 AM

    8:18-13666


    Brooks T Morgan


    Chapter 7


    #15.00


    CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Late filed Claims:

    (Motion filed 11/15/19)


    Claim No. 19 Wells Fargo Bank, N.A. $43,383.05


    Claim No. 20 Wells Fargo Bank, N.A. $43,157.97 FR: 12-18-19

    Docket 293

    *** VACATED *** REASON: CONTINUED TO JANUARY 22, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION ENTERED 12-23-

    19 - (DOCKET NO. [311])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Brooks T Morgan Represented By

    Catherine Christiansen

    Trustee(s):

    Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

    11:00 AM

    8:19-10344


    Joseph Yarhi and Silvana Elcira Yarhi


    Chapter 7


    #16.00


    Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

    (Final Report filed 11/6/19)


    [RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $1,186.74; Expenses: $284.30]


    Docket 0


    Tentative Ruling:

    Tentative for 01/08/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


    Trustee to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Joseph Yarhi Represented By

    Norma Duenas

    Joint Debtor(s):

    Silvana Elcira Yarhi Represented By Norma Duenas

    Trustee(s):

    Karen S Naylor (TR) Pro Se

    11:00 AM

    8:19-10347


    Hassan Abbas Kassir


    Chapter 7


    #17.00


    Hearing RE: Motion For Order Authorizing Production Of Documents From Chapter 7 Trustee Pursuant To Federal Rule Of Bankruptcy Procedure 2004 (Motion filed 12/13/19)


    Docket 99

    Tentative Ruling:

    Tentative for 01/08/19:

    Appearances are required.

    Debtor(s):

    Party Information

    Hassan Abbas Kassir Pro Se

    Trustee(s):

    Richard A Marshack (TR) Represented By Donald W Sieveke

    11:00 AM

    8:19-10347


    Hassan Abbas Kassir


    Chapter 7


    #18.00


    Hearing RE: Motion For Order Authorizing Production Of Documents From Bank Of America Pursuant To Federal Rule Of Bankruptcy Procedure 2004 (Motion filed 12/13/19)


    Docket 97

    Tentative Ruling:

    Tentative for 01/08/19:

    Appearances are required.

    Debtor(s):

    Party Information

    Hassan Abbas Kassir Pro Se

    Trustee(s):

    Richard A Marshack (TR) Represented By Donald W Sieveke

    11:00 AM

    8:19-10349


    Sukeinah Hassan Kassir


    Chapter 7


    #19.00


    Hearing RE: Motion For Order Authorizing Production Of Documents From The Chapter 7 Trustee Pursuant To Federal Rule Of Bankruptcy Procedure 2004 (Motion filed 12/13/19)


    Docket 68

    Tentative Ruling:

    Tentative for 01/08/19:

    Appearances are required.

    Debtor(s):

    Party Information

    Sukeinah Hassan Kassir Pro Se

    Trustee(s):

    Richard A Marshack (TR) Represented By Donald W Sieveke

    11:00 AM

    6:18-12715


    Big Bear Bowling Barn, Inc.


    Chapter 11


    #13.00


    Hrg. on Post Confirmation Status Conference EH            

    (Hrg. cont. from 11/19/19)


    Docket 0


    Tentative Ruling:

    Tentative for 01/09/20:


    The Court is inclined to set a continued post-confirmation status conference date of April 14, 2020 at 1:30 p.m. and require a status report 14 days in advance.


    The Court has received and reviewed Debtor's latest status report filed 12/26/19 [Dk. 211]. Pursuant the status report, the sale which formed the basis for plan confirmation has fallen through. Further, while Debtor indicates that they are current on post-petition payments, the filed status report does not comply LBR 3020-1, which requires a schedule of all payments and outstanding debts. So, the Court is unable to independently verify what payments were required to be made and what payments have in fact been made. Lastly, the Court notes that the Post Confirmation Status Report filed 10/31/19 [Dk. 210], likewise does not comply LBR 3020-1 and indicates that the Debtor may require financial assistance in order to make plan payments. Counsel is directed to ensure compliance of future filings with all applicable LBRs, including but not limited to LBR 3020-1(b).


    Appearances are required.


    **************************************************************************

    11:00 AM

    CONT...


    Big Bear Bowling Barn, Inc.


    Chapter 11

    Tentative for 11/19/19:


    The Court has received and reviewed Debtor's post confirmation status report filed 10/31/19 [Dk. 210]. Due to the projected date of final decree as November 2019, the Court will CONTINUE this matter to January 9, 2020 at 11:00 a.m. A status report is due 14 days in advance.


    Appearances for the 11/19/19 hearing are excused.


    ************************************************************************* Tentative for 7/16/19:

    Appearances required.


    *************************************************************************** Tentative for 4/16/19 is to GRANT.

    Appearances required.


    ***************************************************************************

    Tentative for 3/5/19 is to CONTINUE the hearing on the disclosure statement to April 16, 2019, at 1:30 p.m. to allow Debtor to file an amended plan and disclosure statement that addresses and resolves the issues raised in the objections filed by Creditor Columbia Bank on February 15, 2019 [Dk. 127] and by the UST on February 19, 2019 [Dk. 128].


    An amended disclosure statement and plan must be filed by March 26, 2019. Oppositions to the amended disclosure statement are due April 2, 2019.

    Replies to any opposition are due April 9, 2019.


    Appearances for the 3/5/19 hearing are excused.

    Party Information

    Debtor(s):

    Big Bear Bowling Barn, Inc. Represented By

    11:00 AM

    CONT...


    Big Bear Bowling Barn, Inc.


    Julie J Villalobos


    Chapter 11

    1:30 PM

    6:18-15684


    Christopher John Mulvania


    Chapter 7

    Adv#: 6:18-01201 Turoci v. Mulvania


    #13.10


    PRE-TRIAL CONFERENCE Re: Complaint by Todd Turoci against Christopher John Mulvania - §523(a)(2)(A), (B), §727(c),(d),(e)


    (Cont. from 10/2/19) EH            


    Docket 1

    *** VACATED *** REASON: Status Conference to be held on 2/19/20 @ 1:30 pm. - John

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Christopher John Mulvania Represented By

    Bryant C MacDonald

    Defendant(s):

    Christopher John Mulvania Pro Se

    Plaintiff(s):

    Todd Turoci Represented By

    Todd L Turoci

    Trustee(s):

    Larry D Simons (TR) Pro Se

    10:00 AM

    8:19-13369


    Hussein Salah Suheimat and Lucy Emmanuel Shirajian


    Chapter 7


    #1.00


    Motion for relief from stay [Real Property]


    Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 12/6/19)


    [RE: 9 Verano, Foothill Ranch, CA 92610]


    Docket 48

    *** VACATED *** REASON: CONTINUED TO FEBRUARY 20, 2020 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEAIRNG ON THE MOTION ENTERED 12-26-19 - (DOCKET NO. [66])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Hussein Salah Suheimat Represented By Michael A Cisneros

    Joint Debtor(s):

    Lucy Emmanuel Shirajian Represented By Michael A Cisneros

    Trustee(s):

    Karen S Naylor (TR) Represented By Arturo M Cisneros

    10:00 AM

    8:19-14212


    Michael Donald Darling


    Chapter 7


    #2.00


    Motion for relief from stay [Unlawful Detainer]


    Caroline Ishino vs. DEBTOR (Motion filed 12/18/19)


    [RE: 16058 Warmington Lane, No. 66, Huntington Beach, CA 92649]


    Docket 23


    Tentative Ruling:

    Tentative for 01/09/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Michael Donald Darling Represented By William R Cumming

    Trustee(s):

    Jeffrey I Golden (TR) Pro Se

    10:00 AM

    8:19-14333


    Michael Joseph Wilson


    Chapter 7


    #3.00


    Motion for relief from stay [Personal Property]


    Mechanics Bank, A California Banking Corporation vs. DEBTOR; And Karen S.

    Naylor, Chapter 7 Trustee (Motion filed 12/18/19)


    [RE: 2017 Nissan Rogue - VIN No.: 5N1A T2MT 9HC7 67749]


    Docket 7


    Tentative Ruling:

    Tentative for 01/09/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Michael Joseph Wilson Represented By Christopher J Langley

    Trustee(s):

    Karen S Naylor (TR) Pro Se

    10:00 AM

    8:19-14461


    Jasmine Hoa Nguyen


    Chapter 7


    #4.00


    Motion for relief from stay [Personal Property]


    Daimler Trust vs. DEBTOR (Motion filed 12/10/19)


    [RE: 2018 Mercedes-Benz S560V - VIN WDDUG8DB5JA369462]


    Docket 37


    Tentative Ruling:

    Tentative for 01/09/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Jasmine Hoa Nguyen Represented By Julie Nong

    Trustee(s):

    Thomas H Casey (TR) Pro Se

    11:00 AM

    8:16-10424


    California Hispanic Commission on Drug and Alcohol


    Chapter 11


    #5.00


    CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

    Case Management Conference And (2) Requiring Status Report (Petition filed 2/2/16)

    (Post-Confirmation S/C set Per Order Entered on 7/24/17)


    FR: 3-31-16; 6-30-16; 9-29-16; 10-20-16; 11-3-16; 12-15-16; 3-16-17; 6-8-17;

    6-19-17; 7-24-17; 1-11-18; 6-14-18; 6-28-18; 8-2-18; 1-24-19; 7-25-19


    Docket 0

    *** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION OF THE REORGANIZED DEBTOR FOR ENTRY OF FINAL DECREE CLOSING CHAPTER 11 CASE ENTERED 11-28-19 (DOCKET NO. [738])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    California Hispanic Commission on Represented By

    Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg

    11:00 AM

    8:16-15064


    Charles Flowers Harrison and Martha Isabel Montoya


    Chapter 11


    #6.00


    Hearing RE: Third Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization

    (D.S. filed 11/8/19)


    Docket 0


    Tentative Ruling:

    Tentative for 01/09/20:


    The Court has reviewed the Third Amended Disclosure Statement and requests that the Plan Proponent add two explanatory statements.

    The first should provide a simple analysis of the projected monthly income vs. the actual monthly income for the months of September, October, November, and December 2019. These should be side by side comparisons. Then, the Plan Proponent should explain what financial shortfalls, if any, will be occurring based upon the actual monthly income.

    Second, please insert into the amended disclosure statement the source(s) of the $10,000.00 new contribution designed to facilitate the payments due on the Effective Date.

    The modification should be filed and served no later than January 7, 2020. Appearances are required.

    Party Information

    Debtor(s):

    Charles Flowers Harrison Represented By Michael Jones Sara Tidd

    Joint Debtor(s):

    Martha Isabel Montoya Represented By

    11:00 AM

    CONT...


    Charles Flowers Harrison and Martha Isabel Montoya

    Michael Jones Sara Tidd


    Chapter 11

    11:00 AM

    8:16-15064


    Charles Flowers Harrison and Martha Isabel Montoya


    Chapter 11


    #6.10


    CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

    (Petition filed 12/1416)


    FR: 2-2-17; 5-11-17; 12-14-17; 4-19-18; 5-3-18;10-18-18; 10-25-18; 2-21-19;

    5-2-19; 7-18-19; 12-19-19


    Docket 1


    Tentative Ruling:

    Tentative for 01/09/20:


    Appearances are required.


    *************************************************************************************** Tentative for 12/19/19:

    This matter is CONTINUED to 01/09/20 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtor's Amended Disclosure Statement. A status report is not required for this hearing.


    Appearances are excused.


    **************************************************************************** Tentative for 7/18/19 is to set a continued status conference date of November 21, 2019 at 11:00 a.m. with a status report due 14 days in advance.


    Appearances required.


    ******************************************************************************* Tentative for 5/2/19:

    11:00 AM

    CONT...


    Charles Flowers Harrison and Martha Isabel Montoya


    Chapter 11

    Appearances required. The Court will set deadlines for the filing of a plan and disclosure statement.


    ******************************************************************************** Tentative for 10/25/18:

    The Court is inclined to set the following dates/deadlines:


    1. Deadline for filing an amended disclosure statement and plan: December 31, 2018, with a hearing on the adequacy of the amended disclosure statement to take place on February 21, 2019 at 11:00 a.m.


    2. A continued status conference: February 21, 2019 at 11:00 a.m.


Appearances required.


***************************************************************************** Tentative for 5/03/18 is to set a CONTINUED date of October 18, 2018 at 11:00 a.m., with a status report is due 14 days in advance.


Appearances required.


*************************************************************************** Tentative for 12/14/17:


The Court has received and reviewed the Status Report filed by Debtor on 11/30/17 [Dk. 140] and by Creditor Axis CP I, LLC on 11/30/17 [Dk. 141] and will CONTINUE this matter to April 19, 2018 at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 12/14/17 hearing are excused.


************************************************************************** Tentative for 5/11/17:


The Court will CONTINUE the status conference to coincide with the

11:00 AM

CONT...


Charles Flowers Harrison and Martha Isabel Montoya


Chapter 11

continued hearing on the Disclosure Statement, presently proposed to be July 13, 2017 at 11:00 a.m.


**************************************************************************** Tentative for 2/2/17 is to set the following dates/deadlines:


  1. March 30, 2017 - deadline to file plan and disclosure statement (as requested by Debtors in their 1/23/17 Status Report [Dk. 32]). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.


  2. The Court notes that a bar date of March 20, 2017 has already been established. June 30, 2017 will be the deadline to object to claims.


  3. A continued status conference will be held on May 11, 2017 at 11:00

a.m. A status report is due 14 days in advance.

Party Information

Debtor(s):

Charles Flowers Harrison Represented By Michael Jones

Joint Debtor(s):

Martha Isabel Montoya Represented By Michael Jones

11:00 AM

8:17-12660


Chrestotes, Inc


Chapter 11


#7.00


CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/17)

(Set at Confirmation Hearing on 10/25/18)


FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18; 7-12-18; 8-2-18; 10-18-18;

10-25-18; 4-18-19; 7-18-19


Docket 1


Tentative Ruling:

Tentative for 1/09/20:


This matter is CONTINUED to 04/16/20 at 11:00 a.m. . A status report, which complies with LBR 3020-1, is due 14 days in advance.


The Court notes that the status report filed 1/2/20 [Dk. 293] did not comply with the requirements set forth in LBR 3020-1. Non-compliance is excused in this instance, but future compliance is required.


Appearances are excused.


**************************************************************************** Tentative for 4/18/19:


The Court has received and reviewed the Declaration of Default and Request for Hearing Regarding Default Under the Plan filed by Debtor's attorney, David Tilem, on March 29, 2019 [Dk. 269]. As of the posting of this Tentative, no post-confirmation status report has been filed. The Court requires a briefing of the status of Debtor's performance for all post-confirmation requirements, not just payments to Debtor's counsel.


The Court is inclined to issue an Order to Show Cause why the case should not be converted to Chapter 7 for Debtor's failure to perform under the terms

11:00 AM

CONT...


Chrestotes, Inc


Chapter 11

of the Plan ("OSC").


Debtor and its counsel should both appear at the hearing, brief the Court as to the status of Debtor's performance under the terms of the plan, and propose a hearing date and briefing schedule for the OSC.


Appearances required.


Debtor(s):


Party Information

Chrestotes, Inc Represented By David A Tilem

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#8.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 11/5/18)


FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19; 3-7-19; 6-13-19; 9-19-19


Docket 1


Tentative Ruling:

Tentative for 1/09/20 is to CONTINUE this status conference to April 16, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


*************************************************************************** Tentative for 09/19/19 is to CONTINUE this status conference to January 9, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


**************************************************************************** Tentative for 6/13/19 is to set a continued status conference date of September 19, 2019 at 11:00 a.m. with a status report due 14 days in advance.


Appearances are excused. No hearing will occur.


****************************************************************************

Tentative for 3/07/19 is to set a continued status conference date of June 27, 2019 at 11:00 a.m. with a status report due 14 days in advance.


Appearances required.


******************************************************************************

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


Chapter 11

Tentative for 2/07/19 is to set a continued status conference on April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.


Debtor is also instructed to lodge a scheduling order setting forth the dates and deadlines established at the 1/24/19 status conference.


**************************************************************************** Tentative for 1/24/19 is to set the following dates/deadlines:


  1. Deadline for filing a plan and disclosure statement: March 5, 2019. See Status Report filed 12/6/18 [Dk. 60], pg. 9:15-18. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.


  2. Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.


  3. Continued status conference: April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.


Appearances required.


***************************************************************************** Tentative for 12/20/18:


The Court has received and reviewed the status report filed on December 6, 2018 [Dk. 60]. The Status Conference is CONTINUED to January 24, 2019 at 11:00 a.m. Debtor is to submit a supplemental status report, updating the report submitted for the December 20, 2018 status conference, by no later than 14 days in advance of the January 24, 2019 hearing.


Appearances are excused.


Debtor(s):


Party Information

Kendall Frozen Fruits, Inc. Represented By Steven Werth

11:00 AM

8:18-14277


Progressive Solutions, Inc.


Chapter 11


#9.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 11/21/18)


FR: 1-10-19; 6-13-19; 7-18-19; 9-19-19; 11-7-19


Docket 1


Tentative Ruling:

Tentative for 01/09/20:


This matter is CONTINUED to February 20, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


************************************************************************************ Tentative for 09/19/19:

The Court is inclined to set a continued status conference date of December 5, 2019 at 11:00 a.m. with a status report due 14 days in advance.


Appearances required.


***************************************************************************** Tentative for 7/18/19 is to set a continued status conference date of November 21, 2019 at 11:00 a.m. with a status report due 14 days in advance.


Appearances required.


****************************************************************************

11:00 AM

CONT...


Progressive Solutions, Inc.


Chapter 11

Tentative for 6/13/19:


The Court has received and reviewed the status report filed on May 30, 2019 [Dk. 49], and will CONTINUE this matter to July 18, 2019, at 11:00 a.m. to coincide with the hearing on the disclosure statement.


Appearances are excused. No hearing will occur.


**************************************************************************** Tentative for 1/10/19 is to set the following dates/deadlines:


  1. May 20, 2019: Last date to file a plan and disclosure statement.


  2. March 15, 2019: Last date to file claims ("Claims Bar Date").


  3. January 14, 2019: Last date for Debtor to serve notice of the Claims Bar Date.


  4. April 15, 2019: Last date to file objections to claim.


  5. April 15, 2019: Last date to file avoidance actions.


The Debtor is specifically advised that the failure to timely file a plan or disclosure statement may result dismissal or conversion.


Appearances required.


Debtor(s):


Party Information

Progressive Solutions, Inc. Represented By Lewis R Landau

11:00 AM

8:18-14277


Progressive Solutions, Inc.


Chapter 11


#10.00


CONT'D STATUS CONFERENCE Hearing RE: Confirmation Of First Amended Chapter 11 Plan Dated July 26, 2019

(Plan filed 5/20/19) (D.S. filed 5/20/19) (D.S. approved 7/18/19)

(First Amended Plan filed 7/26/19) (S/C set per Order Entered 10-22-19)


FR: 7-18-19; 9-19-19; 11-7-19


Docket 76


Tentative Ruling:

Tentative for 01/09/20:


This matter is CONTINUED to February 20, 2020 at 11:00 a.m.


Any further pleadings and/or motions relevant to this matter must be filed by no later than January 30, 2020. Any response must be filed by no later than February 6, 2020, and any reply to the response must be filed by no later than February 13, 2020.


Appearances are excused.


*********************************************************************************** Tentative for 09/19/19:


The Court will require live testimony in person from Mr. Glenn Vodhanel, President of Progressive Solutions, Inc., Mr. James Sherman, President of Ecker Capital, LLC, and a PMK from the City of Oakland, California ("City"), regarding the City's proposed Plan/Disclosure Statement and its negotiations with Ecker Capital, LLC.


Appearances required in person.

11:00 AM

CONT...


Debtor(s):


Progressive Solutions, Inc.

Party Information


Chapter 11

Progressive Solutions, Inc. Represented By Lewis R Landau

11:00 AM

8:19-13728


Thompson National Properties, LLC


Chapter 11


#11.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 9/26/19)


FR: 11-21-19

:


Docket 0


Tentative Ruling:

Tentative for 01/09/20:


The Court is inclined to set the following dates/deadlines:


  1. Deadline for filing a plan and disclosure Statement: January 31, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


  2. Deadline to object to claims: February 29, 2020.


  3. Continued status conference: April 16, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances required.


Debtor is to lodge an order within seven days.


*************************************************************************** Tentative for 11/21/19 is to CONTINUE this status conference to January 9, 2020. A status report is due 14 days in advance.


Appearances are excused.

Party Information

11:00 AM

CONT...

Debtor(s):


Thompson National Properties, LLC


Chapter 11

Thompson National Properties, LLC Represented By

Leonard M Shulman

11:00 AM

8:19-12739


Maria Julia Higueros


Chapter 11


#12.00


Hearing RE: Motion For Order Determining Value Of Collateral [11 U.S.C. Section 506(a), FRBP 3012]

(Motion filed 12/18/19)


[RE: 13614 Verdura Avenue, Downey, CA 90242]


Docket 46


Tentative Ruling:

Tentative for 01/09/20 is to GRANT the motion.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano

10:00 AM

6:19-19681


Felix Antonio Mejia and Maria Guadalupe Lopez Mejia


Chapter 7


#1.00


Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay

BMW Bank of North America vs. DEBTORS (Motion filed 12/18/19)


Re: 2012 MINI Clubman Cooper S Hatchback 3D EH            

Docket 16


Tentative Ruling:

Tentative for 1/21/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Felix Antonio Mejia Represented By Michael E Clark

Joint Debtor(s):

Maria Guadalupe Lopez Mejia Represented By Michael E Clark

10:00 AM

CONT...

Trustee(s):


Felix Antonio Mejia and Maria Guadalupe Lopez Mejia


Chapter 7

Robert Whitmore (TR) Pro Se

10:00 AM

6:19-19750


Delta Hospice of California Inc


Chapter 7


#2.00


Gresham Savage Nolan & Tilden, PC - movant attorney Motion for Relief from Stay

Poseidon Chino Corporate Center LLC vs. DEBTOR (Motion filed 12/23/19)


Re: 14726 Ramona Avenue, Chino, CA 91710 EH            

Docket 41


Tentative Ruling:

Tentative for 1/21/20:


This matter is CONTINUED to February 11, 2020 at 10:00 a.m. to allow Movant to effectuate proper notice and service. The Notice of Motion filed 12/23/19 [Dk. 41] does not advise when an opposition is due, as required by LBR 9013-1(c)(2). The Proof of Service indicates Debtor was served via e- mail (the email address is not listed); however, Debtor is not listed on the Court's NEF register and there is no evidence that Debtor otherwise consented to such service, as required by FRCP Rule 5. Proper notice and service must be effectuated by no later than 1/21/20.


The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.

Party Information

Debtor(s):

Delta Hospice of California Inc Represented By

David A Akintimoye

10:00 AM

CONT...

Trustee(s):


Delta Hospice of California Inc


Chapter 7

Todd A. Frealy (TR) Pro Se

10:00 AM

6:19-20155


Elizabeth Garcia


Chapter 7


#3.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay

Americredit Financial Services VS DEBTOR, Arturo Cisneros, Trustee (Motion filed 12/27/19)


RE: 2014 TOYOTA VENZA VIN 4T3ZA3BB6EU087300


EH         


Docket 13


Tentative Ruling:

Tentative for 1/21/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Elizabeth Garcia Represented By Timothy McFarlin

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:19-21093


J.D. Logistics, Inc.


Chapter 7


#4.00


Law Offices of Raymond A. Policar - movant attorney Motion for Relief from Stay

Engs Commercial Finance Co. vs. DEBTOR (Motion filed 12/27/19)


Re: 2 Peterbilt Truck Tractors EH            

Docket 6


Tentative Ruling:

Tentative for 1/21/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

J.D. Logistics, Inc. Represented By

Bryant C MacDonald

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:16-20368


MABEL VIRGINIA LEMOI


Chapter 7


#5.00


Hrg. on trustee's final report; applications for compensation EH            

Docket 0


Tentative Ruling:

Tentative for 1/21/20 is to APPROVE as requested, except as set forth below.


In addition to the stipulated reduction with the United States Trustee (see, Stipulation filed 12/16/19 [Dk. 132]), the final fees for Shulman Hodges shall be further reduced by $3,669.50, which relates to fees incurred by the Firm in connection with the Chapter 7 Trustee's employement of other professionals.


The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that the preparation of these employment applications was not routine, which otherwise remains a trustee duty. Thus, the Firm's shall be allowed

$61,038.00 in fees and $1,735.59 in expenses.


The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

MABEL VIRGINIA LEMOI Represented By

Owen T Mascott - DISBARRED -

11:00 AM

CONT...

Trustee(s):


MABEL VIRGINIA LEMOI


Chapter 7

Charles W Daff (TR) Represented By Lynda T Bui Brandon J Iskander

11:00 AM

6:17-19036


Jessica Reyes


Chapter 7


#6.00


Hrg. on trustee's final report; applications for compensation EH            

Docket 0


Tentative Ruling:

Tentative for 1/21/20 is to APPROVE as requested.


The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Jessica Reyes Represented By Daniel King

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:18-20287


Charles Braden


Chapter 7


#7.00


Hrg. on Chapter 7 Trustee's Motion Objecting to certain of Debtior's claimed exemptions in property of the estate


EH          


Docket 0

*** VACATED *** REASON: Order granting motion entered on 1/15/20 - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Braden Represented By Natalie A Alvarado

Trustee(s):

John P Pringle (TR) Represented By Brandon J Iskander Melissa Davis Lowe

11:00 AM

6:19-12295


Thomas Richard Steferak and Bonnie Diane Barkley


Chapter 7


#8.00


Hrg. on Debtors' Motion filed 12/17/19 for an Order Compelling Interim Distribution to Priority Claimants


EH            


Docket 31

*** VACATED *** REASON: Order approving stipulation resolving Debtors' motoin on 1/14/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Richard Steferak Represented By Jenny L Doling

Joint Debtor(s):

Bonnie Diane Barkley Represented By Jenny L Doling

Trustee(s):

John P Pringle (TR) Pro Se

11:00 AM

6:19-14247


Ericka Monique Scott and Charles Christopher Ken Scott


Chapter 7


#9.00


Hrg. on Trustee's Motion to Dismiss Case and Vacate Discharge if Previously Entered


EH            


Docket 33


Tentative Ruling:

Tentative for 1/21/20 is to GRANT.

The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.


Movant to lodge an order within seven (7) days.



Party Information

Debtor(s):

Ericka Monique Scott Represented By Eugene A Ahtirski

Joint Debtor(s):

Charles Christopher Ken Scott Represented By Eugene A Ahtirski

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-18329


William Alan Jaynes and Janet Susan Jaynes


Chapter 7


#10.00


Hrg. on U.S. Trustee's Motion to extend dismissal and discharge deadlines pursuant to 11 U.S.C. Section 707 & 727 & Federal Rules of Bankruptcy Procedure 1017 & 4004


EH        


Docket 16


Tentative Ruling:

Tentative for 1/21/20 is to GRANT.


The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

William Alan Jaynes Pro Se

Joint Debtor(s):

Janet Susan Jaynes Pro Se

Movant(s):

United States Trustee (RS) Represented By Everett L Green

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:19-20984


Rosamaria Rivera


Chapter 7


#11.00


Order to Show Cause re: Dismissal for Failure to comply with Rule 1006(b) EH            

Docket 0

*** VACATED *** REASON: Fees paid on 1/14/20 - jc Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rosamaria Rivera Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

1:30 PM

6:12-28006


City of San Bernardino, California


Chapter 9


#12.00


Hrg re Motion of City of San Bernardino for Order Lifting the Automatic Stays of 11 U.S.C. §§ 362 and 922 and the Stays Provided for in the Plan and Confirmation Order for the Sole and Limited Purpose of Liquidating the Claims of Rosa House in the State Court


EH         


Docket 2928


Tentative Ruling:

Tentative for 1/21/20:


The Court has determined that this matter is appropriate for disposition without a hearing. The Court will enter an order shortly.


The hearing is VACATED.


Debtor(s):


Party Information

City of San Bernardino, California Represented By

Paul R. Glassman Fred Neufeld Laura L Buchanan

1:30 PM

6:17-15749


Foster Enterprises, a California general partnersh


Chapter 7

Adv#: 6:19-01152 Cisneros et al v. United States of America et al


#6.00


Hrg. on United States of America's Motion filed 12/9/19 to Dismiss Adversary complaint for failure to state actual controversy


Docket 8

*** VACATED *** REASON: Cont. to 3/4/20 @ 1:30 p.m. - jc Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones

Defendant(s):

United States of America Pro Se UNITED STATES OF AMERICA Represented By

Jolene Tanner

Plaintiff(s):

Arturo M. Cisneros Represented By Thomas H Casey

Trustee(s):

John P Pringle (TR) Represented By Toan B Chung

1:30 PM

6:17-15749


Foster Enterprises, a California general partnersh


Chapter 7

Adv#: 6:19-01152 Cisneros v. United States of America


#7.00


STATUS CONFERENCE Re: Complaint by Arturo M. Cisneros against United States of America for: (1) Avoidance of IRS Lien Pursuant to 11 U.S.C. Section 544 and (2) Preservation of Avoided Lien Pursuant to 11 U.S.C. Section 551 Nature of Suit: (14 (Recovery of money/property


EH            


Docket 1

*** VACATED *** REASON: Cont. to 3/4/20 @ 1:30 p.m. - jc Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones

Defendant(s):

United States of America Pro Se

Plaintiff(s):

Arturo M. Cisneros Represented By Thomas H Casey

Trustee(s):

John P Pringle (TR) Represented By Toan B Chung

1:30 PM

6:18-17579


Mark D. Uy


Chapter 7

Adv#: 6:18-01239 Virginia Bills a deceased individual, by and throu v. Uy


#8.00


STATUS CONFERENCE re: Complaint by Virginia Bills a deceased individual, by and through her personal representatives Joyce Stablein and Danny White against Mark D. Uy - 523(a)(6)


EH            


(Cont. from 8/14/19)


Docket 1


Tentative Ruling:

Tentative for 1/22/20:


The Court has received and reviewed the Status Report filed January 14, 2020 [Dk. 14] and will CONTINUE this matter to May 27, 2020 at 1:30 p.m. This matter is stayed pending resolution of the state court action. A status report is due 14 days in advance. The status report must include the procedural status as to Debtor of the pending state court action. Either side may request an earlier status conference date upon written application to the Court.


Appearances are excused.


*************************************************************************** Tentative for 8/14/19:


The Court has received and reviewed the Status Report filed August 6, 2019 [Dk. 12] and will CONTINUE this matter to January 22, 2020 at 1:30 p.m. This matter is stayed pending resolution of the state court action. A status report is due 14 days in advance. The status report must include the procedural status as to Debtor of the pending state court action. Either side may request an earlier status conference date upon written application to the Court.

1:30 PM

CONT...


Mark D. Uy


Chapter 7

Appearances are excused.


**************************************************************************** Tentative for 2/27/19:


Relief from stay was granted to Plaintiff by an order entered February 13, 2019 [Dk. 30] to proceed in state court. Accordingly, this matter is CONTINUED to August 14, 2019 at 1:30 p.m. A status report is due 14 days in advance. The status report must include the procedural status as to Debtor of the pending state court action. Either side may request an earlier status conference date upon written application to the Court.


Appearances are excused.


Debtor(s):


Party Information

Mark D. Uy Represented By

Raymond Obiamalu

Defendant(s):

Mark D. Uy Pro Se

Plaintiff(s):

Virginia Bills a deceased individual, Represented By

Douglas A Plazak

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

  2. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

  3. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

  4. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

  5. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

  6. Predatory Lending Pursuant To California Business And Professions Code Section 17200;

  7. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

    And

  8. Declaratory Relief (Complaint filed 3/20/19)


    FR: 6-26-19; 8-7-19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19


    Docket 1


    Tentative Ruling:

    Tentative for 1/22/20:


    The Court has received and reviewed the status report filed January 14, 2020 [Dk. 37] and will CONTINUE this matter to April 15, 2020, at 11:00 a.m. as a holding date pending the filing and resolution of Plaintiff's motion for default judgment. The motion for default judgment must be filed by no later than February 15, 2020. If the adversary proceeding is not resolved by the continued status conference date, a status report is due 14 days in advance.


    Appearance are excused.


    **************************************************************************** Tentative for 09/18/19:


    The Court will CONTINUE this matter to November 6, 2019 at 10:00 a.m. A

    10:00 AM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    status report is due 14 days in advance.


    Appearances are excused.


    Debtor(s):


    Party Information

    Luminance Recovery Center, LLC Represented By

    Jeffrey I Golden Beth Gaschen

    Defendant(s):

    Yes Funding Services LLC Pro Se

    Plaintiff(s):

    Richard A. Marshack Represented By Jeffrey I Golden

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

    Matthew Grimshaw

    10:00 AM

    8:18-13532


    Tiphanie Jennifere Jordan


    Chapter 7

    Adv#: 8:19-01007 WJA Asset Management LLC et al v. Jordan et al


    #2.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Community Property Discharge Under 11 U.S.C. Section 524(a)(3)

    (Complaint filed 1/7/19)

    (Another Summons issued 3-28-19) FR: 4-3-19; 6-26-19; 9-18-19

    Docket 1

    *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

    A.M. PER ORDER APPROVING STIPULATION ENTERED 1-8-20 - (DOCKET NO. [19])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Tiphanie Jennifere Jordan Represented By Leonard M Shulman

    Defendant(s):

    William M Jordan Pro Se

    Tiphanie Jennifere Jordan Pro Se

    Plaintiff(s):

    Secure California Income Fund LLC Represented By

    Kyra E Andrassy

    California Indexed Growth Fund Represented By

    Kyra E Andrassy

    CA Real Estate Opportunity Fund II Represented By

    Kyra E Andrassy

    10:00 AM

    CONT...


    Tiphanie Jennifere Jordan


    Chapter 7

    CA Real Estate Opportunity Fund I Represented By

    Kyra E Andrassy

    William Jordan Investments Inc Represented By Kyra E Andrassy

    WJA Secure Income Fund LLC Represented By Kyra E Andrassy

    WJA Secure Real Estate Fund LLC Represented By

    Kyra E Andrassy

    WJA Real Estate Opportunity Fund Represented By

    Kyra E Andrassy

    WJA Real Estate Opportunity Fund I Represented By

    Kyra E Andrassy

    WJA Express Fund LLC Represented By Kyra E Andrassy

    Whirl Fund LLC Represented By Kyra E Andrassy

    Urban Produce Fund LLC Represented By Kyra E Andrassy

    TD Opportunity Fund LLC Represented By Kyra E Andrassy

    CA Real Estate Opportunity Fund III Represented By

    Kyra E Andrassy

    Prosper Managed Fund LLC Represented By Kyra E Andrassy

    PMB Managed Fund LLC Represented By Kyra E Andrassy

    Luxury Asset Purchasing Represented By Kyra E Andrassy

    Equity Indexed Managed Fund LLC Represented By

    10:00 AM

    CONT...


    Tiphanie Jennifere Jordan


    Kyra E Andrassy


    Chapter 7

    Clairton Residential Renewal LLC Represented By

    Kyra E Andrassy

    CA Whirl Fund LLC Represented By Kyra E Andrassy

    CA See Jane Go Fund LLC Represented By Kyra E Andrassy

    CA Express Fund LLC Represented By Kyra E Andrassy

    Alabama Housing Fund LLC Represented By Kyra E Andrassy

    5827 Winland Hills Drive Represented By Kyra E Andrassy

    WJA Asset Management LLC Represented By Kyra E Andrassy

    TD REO Fund LLC Represented By Kyra E Andrassy

    Trustee(s):

    Richard A Marshack (TR) Pro Se

    11:00 AM

    8:17-12887


    Dana Kim Shelton


    Chapter 7


    #3.00


    Hearing RE: Order To Show Cause To Hold In Contempt Of Discharge Injunction: (1) Sharron Deon Sims; (2) Daniel Keith Larson And (3) Erin Ellen Larson

    (Set per OSC Entered 12/23/19)


    Docket 0


    Tentative Ruling:

    Tentative for 1/22/20:


    Appearances are required.


    Debtor(s):


    Party Information

    Dana Kim Shelton Represented By Christopher P Walker

    Trustee(s):

    Richard A Marshack (TR) Represented By

    Misty A Perry Isaacson

    11:00 AM

    8:18-13666


    Brooks T Morgan


    Chapter 7


    #4.00


    CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Late filed Claims:

    (Motion filed 11/15/19)


    Claim No. 19 Wells Fargo Bank, N.A. $43,383.05


    Claim No. 20 Wells Fargo Bank, N.A. $43,157.97 FR: 12-18-19; 1-8-20

    Docket 293

    *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF CHAPTER 7 TRUSTEE'S MOTION FILED 1-6-20 - (DOCKET NO. [315])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Brooks T Morgan Represented By

    Catherine Christiansen

    Trustee(s):

    Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

    11:00 AM

    8:19-10349


    Sukeinah Hassan Kassir


    Chapter 7


    #5.00


    Hearing RE: Objection To Claim:

    (Motion filed 12/4/19)


    Claim No. 1 Hassan Essayli $117,443.94


    Docket 66

    *** VACATED *** REASON: OFF CALENDAR - ORDER OVERRULING WITHOUT PREJUDICE DEBTOR'S OBJECTION TO CLAIM NO. 1 AND VACATING HEARING ENTERED 1-15-20 - (DOCKET NO. [76])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Sukeinah Hassan Kassir Pro Se

    Trustee(s):

    Richard A Marshack (TR) Represented By Donald W Sieveke

    1:30 PM

    6:15-14566


    Halo Sports Bar and Grill, Inc.


    Chapter 7

    Adv#: 6:19-01044 Simons (TR) v. County Of San Bernardino et al


    #9.00


    PRE-TRIAL CONFERENCE re: Complaint by Larry D Simons (TR) against County Of San Bernardino, City of Hesperia - Declaratory judgment, validity, priority or extent of lien or other interest in property


    EH            


    (Cont. from 11/6/19)


    Docket 1

    *** VACATED *** REASON: Order Approving Stipulaton on 1/15/20 - jc Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade

    W. Derek May

    Defendant(s):

    County Of San Bernardino Pro Se

    City of Hesperia Pro Se

    Plaintiff(s):

    Larry D Simons (TR) Pro Se

    Trustee(s):

    Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin

    1:30 PM

    CONT...


    Halo Sports Bar and Grill, Inc.


    Stephen F Biegenzahn


    Chapter 7

    10:00 AM

    8:19-14420


    Reha Soylular


    Chapter 7


    #1.00


    Motion for relief from stay [Unlawful Detainer]


    Mike Hermanns vs. DEBTOR (Motion filed 12/20/19)


    [RE: 10 Tribute Court, Newport Beach, CA 92663]


    Docket 8


    Tentative Ruling:

    Tentative for 1/23/20:


    Grant pursuant to 11 U.S.C. § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Reha Soylular Pro Se

    Trustee(s):

    Thomas H Casey (TR) Pro Se

    11:00 AM

    8:16-12463


    Marzieh Bagheri-Tari


    Chapter 11


    #2.00


    CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

    Case Management Conference And (2) Requiring Status Report (Petition filed 6/13/16)

    (Post-Confirmation S/C set at confirmation hearing held 8/31/17)


    FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17; 8-31-17; 11-9-17;

    2-22-18; 5-3-18; 9-13-18; 9-20-18; 1-24-19; 3-7-19; 8-15-19


    Docket 1


    Tentative Ruling:

    Tentative for 1/23/20:


    The Court has received and reviewed the status report filed January 14, 2020 [Dk. 193] and will CONTINUE this matter to May 28, 2020 at 11:00 a.m. A status report is due 14 days in advance.


    The Court notes that the above referenced status report was not timely filed. Per LBR 3020-1, the failure to timely file required reports is cause for dismissal or conversion.


    Additionally, the Court notes that the docket does not reflect the filing of post- confirmation United States Trustee Reports. Debtor is cautioned to ensure that Debtor is complying with all post-confirmation filing requirements.


    Appearances are excused.


    **************************************************************************** Tentative for 8/15/19:


    This matter is continued to January 23, 2020 at 11:00 a.m. A status report is due 14 days in advance.


    Appearances are excused.

    11:00 AM

    CONT...


    Marzieh Bagheri-Tari


    Chapter 11


    ************************************************************************ Tentative for 3/07/19:


    This matter is continued to August 15, 2019 at 11:00 a.m. A status report is due 14 days in advance.


    Appearances are excused.


    ************************************************************************** Tentative for 1/24/19:


    As of the posting of this tentative, no status report has been filed. Appearances required.

    Party Information

    Debtor(s):

    Marzieh Bagheri-Tari Represented By

    Yeznik O Kazandjian

    11:00 AM

    8:17-11743


    Cecilio Romero Murrietta and Irma Bonilla Murrietta


    Chapter 11


    #3.00


    CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

    (Petition filed 5/1/17)


    FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;

    8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19


    Docket 1


    Tentative Ruling:

    Tentative for 1/23/20:


    The Court has received and reviewed the status report filed January 14, 2020 [Dk. 267] and will grant a short CONTINUANCE of this matter to March 12, 2020 at 11:00 a.m, for purposes of allowing the Trustee to solidify his exit strategy. A status report is due 14 days in advance. The status report should include details regarding the Chapter 11 Trustee's exit strategy.


    The Court notes that the above status report was not timely filed. The Court will excuse the non-compliance in this instance, but Trustee is cautioned to ensure compliance with all filing deadlines in the future.


    Appearances are excused.


    ****************************************************************************** Tentative for 10/24/19:


    Appearances are required.


    ********************************************************************************* Tentative for 8/15/19:


    The Court has received and reviewed the status report filed on August 1, 2019 [Dk. 241], and will continue the status conference to October 24, 2019

    11:00 AM

    CONT...


    Cecilio Romero Murrietta and Irma Bonilla Murrietta


    Chapter 11

    at 11:00 a.m. A status report is due 14 days in advance. Appearances are excused.

    *************************************************************************** Tentative for 4/18/19:


    The Court is inclined to set the following dates/deadlines:


    1. Deadline to file a plan and disclosure statement - June 30, 2019.


    2. A Continued Chapter 11 Status Conference - August 15, 2019 at 11:00

a.m. A status report is due 14 days in advance.


The Trustee (himself or through his counsel) should be prepared to orally provide the Court with a current and projected financial overview of Debtor, including a summary of all claims.


Appearances required.


Debtor(s):


Party Information

Cecilio Romero Murrietta Represented By Andrew S Bisom

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al


#4.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Breach Of Guaranty Contracts;

  2. Breach Of Lease Agreement;

  3. Breach Of Security Instrument (Complaint filed 5/17/19)


    FR: 8-8-19; 11-7-19


    Docket 1


    Tentative Ruling:

    Tentative for 1/23/20:


    The Court has received and reviewed the status report filed 1/15/20 [Dk. 28] and will CONTINUE this status conference to April 9, 2020 at 11:00 a.m. A status report (whether joint or unilateral) for the April 9, 2020 hearing is due 14 days prior.


    The Court notes that settlement discussions were also referenced in a previous status report filed on 10/31/19 [Dk. 26]. Absent a showing of significant forward progress in the next status report, the Court will issue a scheduling order at the next status conference.


    Further, pursuant to the 11/7/19 tentative (set forth below), Plaintiff was instructed to file a status report 14 days in advance of this hearing (by 11/9/20). Plaintiff did not comply with this directive. Plaintiff also failed to timely file a status report for the 11/7/19 status conference, as directed by the 8/08/19 tentative (also set forth below). The Court will excuse the noncompliance in this instance; however, in light of the repeat violations, Plaintiff is cautioned that it may be subject to sanctions for future violations.


    Appearances are excused.

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11


    *************************************************************************** Tentative for 11/07/19:


    The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.


    The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.


    Appearances are excused.


    ************************************************************************************** Tentative for 8/08/19:


    This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.


    Appearances are excused.


    Debtor(s):


    Party Information

    WJA Asset Management LLC Represented By

    Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

    Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11

    Defendant(s):

    Suneet Singal Pro Se

    First Capital Real Estate Pro Se

    Stephen Howell Pro Se

    Central Valley Gas Stations Atwater Pro Se

    Plaintiff(s):

    TD REO Fund, LLC Represented By Michael W Davis

    TD Opportunity Fund, LLC Represented By Michael W Davis

    11:00 AM

    8:17-12003


    Equity Indexed Managed Fund LLC


    Chapter 11

    Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al


    #5.00


    CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Breach Of Contract (Promissory Note)

    (Complaint filed 5/15/19)

    (First Amended Complaint filed 1/10/20) FR: 8-8-19; 11-7-19

    Docket 1

    *** VACATED *** REASON: CONTINUED TO APRIL 1, 2020 AT 11:00

    A.M. PER ANOTHER SUMMONS ISSUED 1-14-20 (DOCKET NO. [40]) Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Equity Indexed Managed Fund LLC Represented By

    Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

    Defendant(s):

    Steven (Steve) Goldschmied Pro Se

    Newport Investments, LLC Pro Se

    Newport Investments, LLC Pro Se

    Plaintiff(s):

    Equity Indexed Managed Fund, LLC Represented By

    Michael W Davis

    11:00 AM

    8:19-11889


    Invensure Insurance Brokers, Inc.


    Chapter 11


    #6.00


    CONT'D Hearing RE: Objection To Claims:

    (Motion filed 10/30/19)


    Claim No. 2 First-Citizens Bank $46,508.33


    Claim No. 3 First-Citizens Bank $44,160.20 FR: 12-12-19

    Docket 105


    Tentative Ruling:

    Tentative for 1/23/20:


    Debtor’s Objection to Claim No. 2 is SUSTAINED, on the grounds that it is duplicative of Claim No. 3.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    Movant to lodge an order within seven (7) days.


    **************************************************************************** Tentative for 12/12/19:


    This matter is CONTINUED to January 23, 2020 at 11:00 a.m. to allow the Debtor to effectuate proper service on First Citizens Bank pursuant to LBR 3007-1(b)(2) and FRBP 7004.


    Appearances are excused.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Invensure Insurance Brokers, Inc.


    Chapter 11

    Invensure Insurance Brokers, Inc. Represented By

    Carol Chow

    11:00 AM

    8:19-11889


    Invensure Insurance Brokers, Inc.


    Chapter 11


    #7.00


    CONT'D Hearing RE: Objection To Claims:

    (Motion filed 10/30/19)


    Claim No. 6 James DeMarco $1,000,000.00 FR: 12-12-19

    Docket 109

    *** VACATED *** REASON: CONTINUED TO MARCH 12, 2020 AT 11:00 A.M. PER ORDER GRANTING STIPULATION TO CONTINUE HEARING ENTERED 1-22-20 - (DOCKET NO. [163])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Invensure Insurance Brokers, Inc. Represented By

    Carol Chow

    11:00 AM

    8:19-13728


    Thompson National Properties, LLC


    Chapter 11


    #8.00


    Motion for relief from stay [Personal Property]


    Anthony Thompson vs. DEBTOR (Motion filed 1/2/20)


    [RE: Proceeds Of Debtor's Insurance Policy With XL Speciality Insurance Company, Policy No. ELU122578-1]


    Docket 55

    *** VACATED *** REASON: CONTINUED TO FEBRUARY 20, 2020 AT 11:00 A.M. PER ORDER GRANTING STIPULATION TO CONTINUE HEARING ENTERED 1-15-20 - (DOCKET NO. [63])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Thompson National Properties, LLC Represented By

    Leonard M Shulman

    10:00 AM

    6:19-19102


    Julian DeLaCruz


    Chapter 7


    #1.00


    Hrg. on approval of Reaffirmation Agreement Between Debtor and Wells Fargo Bank in the amount of $8,811.27


    Re: 2011 GMC Sierra 1500


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Julian DeLaCruz Represented By Marlin Branstetter

    Trustee(s):

    Charles W Daff (TR) Pro Se

    10:00 AM

    6:19-19246


    Kristina Imelda Zanki


    Chapter 7


    #2.00


    Hrg. on approval of Reaffirmation Agreement Between Debtor and Navy Federal Credit Union, in the amount of $ 9,998.98


    Re: 2013 Kia Sorento


    Docket 13


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Kristina Imelda Zanki Pro Se

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    10:00 AM

    6:19-19313


    Martina Lorena Torres


    Chapter 7


    #3.00


    Hrg. on approval of Reaffirmation Agreement filed 1/8/20 Between Debtor and Toyota Motor Credit Corporation, in the amount of $9,264.08


    Re: 2016 Toyota Corolla


    Docket 13


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Martina Lorena Torres Represented By Daniel King

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    10:00 AM

    6:19-19665


    Denalonor Zuniga


    Chapter 7


    #4.00


    Hrg. on approval of Reaffirmation Agreement Between Debtor and American Honda Finance Corporation, in the amount of $12,246.93


    Re: 2017 Honda Accord


    Docket 27


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Denalonor Zuniga Represented By Stephen H Darrow

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    1:30 PM

    6:19-17280


    Adrianna Alexis Jacsen


    Chapter 7

    Adv#: 6:19-01164 Cho v. Jacsen


    #9.00


    CONT'D STATUS CONFERENCE re Complaint filed by Andrew Cho against Adrianna Alexis Jacsen to determine nondischargeability of debt


    FROM: 2-12-20


    Docket 1


    Tentative Ruling:

    Tentative for 1/29/20:


    Appearances are required. The Court is inclined to set the following dates/deadlines:


    1. Discovery cutoff: April 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: May 28, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: June 10, 2020 at 1:30 p.m.


The parties are specifically advised to cooperate, and review and follow all local and federal rules, which may be located free of charge on the Court's website. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

Party Information

Debtor(s):

Adrianna Alexis Jacsen Pro Se

1:30 PM

CONT...


Adrianna Alexis Jacsen


Chapter 7

Defendant(s):

Adrianna Alexis Jacsen Pro Se

Plaintiff(s):

Andrew Cho Represented By

Andrew S Cho

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:19-17513


Laura B Laffranchini


Chapter 7

Adv#: 6:19-01158 Anderson v. Laffranchini


#10.00


CONT'D STATUS CONFERENCE re: Complaint by Karl T. Anderson against Dana Laffranchini for Avoidance of Fraudulent Transfers and Recovery of Same, Disallowance of Claims, Unjust Enrichment, Declaratory Relief, Sale of Property by Partition, and Turnover of Property of the Estate.


FROM: 2-12-20


Docket 1

*** VACATED *** REASON: Notice of Dismissal filed 1/13/20 - slh Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Laura B Laffranchini Represented By Christopher Hewitt

Defendant(s):

Dana Laffranchini Pro Se

Plaintiff(s):

Karl T. Anderson Represented By

Rafael R Garcia-Salgado

Trustee(s):

Karl T Anderson (TR) Represented By

Rafael R Garcia-Salgado

11:00 AM

8:17-13506


John Richard Garcia


Chapter 7

Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Chapter 7 Trustee, v. Garcia


#5.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And

  2. For Turnover Of Estate Property Pursuant To 11 U.S.C. Section 542 (Complaint filed 7/17/19)


FR: 10-23-19; advanced from 2-12-20


Docket 1


Tentative Ruling:

Tentative for 1/29/20:


Plaintiff is to file her motion for default judgment by no later than February 28, 2020.


The status conference is CONTINUED to April 15, 2020 at 11:00 a.m. as a holding date. If the matter has not been resolved, a status report (whether unilateral or joint) is due 14 days before the continued status conference.


Appearances are excused.


Debtor(s):


Party Information

John Richard Garcia Represented By Raymond J Bulaon

Defendant(s):

Angie M Garcia Pro Se

Christina Garcia Pro Se

Angie M. Garcia and Christina Pro Se

11:00 AM

CONT...


John Richard Garcia


Chapter 7

Plaintiff(s):

Weneta M.A. Kosmala, solely in her Represented By

Reem J Bello

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello

11:00 AM

8:19-10347


Hassan Abbas Kassir


Chapter 7

Adv#: 8:19-01165 Kassir v. Essayli


#6.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Injunctive Relief Pursuant To 11 U.S.C. Sections 105(a), 362(a), And 542(a)

(Complaint filed 8/7/19)


FR: 11-6-19 at 10:00 a.m.; 11-6-19; advanced from 2-12-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING ENTERED 1-28-20 - (DOCKET NO. [12])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hassan Abbas Kassir Pro Se

Defendant(s):

Hassan Essayli Pro Se

Plaintiff(s):

Hassan Kassir Pro Se

Trustee(s):

Richard A Marshack (TR) Represented By Donald W Sieveke

11:00 AM

8:19-13081


Suzy Lubeck


Chapter 7

Adv#: 8:19-01219 Lubeck v. Internal Revenue Service et al


#7.00


CONT'D STATUS CONFERENCE RE: First Amended Complaint To Determine Dischargeability Of Tax Liability

(Complaint filed 11/18/19)

(First Amended Complaint filed 11/25/19) FR: advanced from 2-12-20

Docket 1


Tentative Ruling:

Tentative for 1/29/20 is to DISMISS the adversary for lack of prosecution.


Plaintiff filed her first amended complaint on 11/25/19 [Dk. 5]. A summons for each defendant was issued on 11/26/19 [Dks. 6 & 7]. Pursuant to LBR

7004-1(b) and FRBP 7004, a summons must be served within seven days of its issuance. The docket does not reflect that such service was effectuated.


Moreover, pursuant to LBR 7016-1 and the instructions issued by this Court concurrently with the above referenced summonses on 11/26/19 [Dks. 6 & 7], a joint status report was due 14 days prior to the hearing or a unilateral status report was due 7 days prior to the hearing. As of the posting of this tentative, no status report has been filed.


Therefore, pursuant to LBR 7016-1(f) & (g), the Court is inclined to dismiss this adversary proceeding for lack of prosecution and compliance with local rules, absent an appearance and adequate explanation by Plaintiff.


Appearances required.


Party Information

Debtor(s):

Suzy Lubeck Represented By

11:00 AM

CONT...


Suzy Lubeck


Bruce A Boice


Chapter 7

Defendant(s):

Internal Revenue Service Pro Se

State of California Franchise Tax Pro Se

Plaintiff(s):

Suzy Lubeck Represented By

Bruce A Boice

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:19-13184


Guillermo Ceja


Chapter 7

Adv#: 8:19-01224 Merchants Acquisition Group LLC v. Ceja


#8.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

[11 U.S.C. Section 523(a)(2)(B)]

(Complaint filed 11/24/19) FR: advanced from 2-12-20


Docket 1


Tentative Ruling:

Tentative for 1/29/20:


This matter is CONTINUED to March 4, 2020, at 11:00 a.m. to coincide with the hearing on Plaintiff's motion for default judgment. A status report is not required for the continued hearing unless Plaintiff is contacted by Defendant or something otherwise changes.


The Court notes that Plaintiff filed its motion for default judgment on 1/22/20 [Dk. 18] and noticed it for hearing on 2/26/20, which is not a date available on this Court's self-calendar. As instructed by the Court's NEF notice [Dk. 22], Plaintiff is required to re-notice its motion for default judgment for March 4, 2020 at 11:00 a.m.


Appearances for the 1/29/20 hearing are excused.

Party Information

Debtor(s):

Guillermo Ceja Represented By Lorrie A Walton

Defendant(s):

Guillermo Ceja Pro Se

11:00 AM

CONT...


Guillermo Ceja


Chapter 7

Plaintiff(s):

Merchants Acquisition Group LLC Represented By

Richard W Snyder

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:15-10721


American Spectrum Realty Inc., a Maryland Corporat


Chapter 11


#1.00


CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing: (1) Case

Management Conference And (2) Requiring Status Report (Petition filed 2/13/15) (Plan Confirmed on 7/8/16)

(Set per Order Entered 7/8/16)


FR: 7-23-15; 1-7-16; 3-3-16; 3-31-16; 6-23-16; 11-16-16; 11-17-16; 11-30-16;

12-1-16, 5-11-17; 12-14-17; 5-31-18; 8-23-18; 1-31-19; 4-18-19; 10-17-29;

10-24-19; advanced from 2-13-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - FINAL DECREE CLOSING CHAPTER 11 CASE PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 3022 ENTERED 12-2-19 - (DOCKET NO. [1778])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

American Spectrum Realty Inc., a Represented By

Robert E Opera Peter W Lianides Andrew B Levin

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#2.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 5/18/17)

(Amended S/C Order Entered 6-9-17)


FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18; 7-12-18; 9-20-18; 12-20-18; 4-18-19;

9-19-19; 2-6-20; 2-13-20


Docket 1


Tentative Ruling:

Tentative for 1/30/20 is to CONTINUE this status conference to June 11, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


*********************************************************************************


Tentative for 09/19/19 is to CONTINUE this status conference to February 6, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


*************************************************************************** Tentative for 4/18/19:


The Court has received and reviewed the Eigth Chapter 11 Status Report and Second Post-Confirmation Status Report for LVNV Multi Family, LLC, filed April 4, 2019 [Dk. 844], and, noting that neither the Committee nor any other party has filed its own status report or requested to be heard at the status conference, will CONTINUE this status conference to September 19, 2019, at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


***************************************************************************** Tentative for 9/20/18 is to set a continued status conference date of December 20, 2018 at 11:00 a.m. A status report is due 14 days in advance.


Appearances required.

*************************************************************************** Tentative for 12/20/18:


The Court has received and reviewed the Seventh Chapter 11 Status Report and First Post-Confirmation Status Report for LVNV Multi Family, LLC, filed on December 6, 2018 [Dk. 726], and, noting that neither the Committee nor any other party has filed its own status report or requested to be heard at the status conference, will CONTINUE this status conference to April 18, 2019, at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


***************************************************************************** Tentative for 9/20/18 is to set a continued status conference date of December 20, 2018 at 11:00 a.m. A status report is due 14 days in advance.


Appearances required.


***************************************************************************** Tentative for 7/12/18:


The Court has received and reviewed the status conference reports filed by the Debtors on 6/28/18 [Dk. 524] and Unsecured Creditors' Committee on 7/5/18 [Dk. 527]. The Court would like to hear the Debtors' response to the concerns raised by the Unsecured Creditors' Committee and is inclined to set a continued status conference on November 29, 2018 at 11:00 a.m.


Appearances required.


**************************************************************************** Tentative for 5/31/18:

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


The Court has received and reviewed the status report filed by Debtors on 5/17/18 [Dk. 479], the Statement of the Official Committee of Unsecured Creditors filed on 5/17/18 [Dk. 478], and the Statement re: Continued Status Conference filed by Creditors/ Equity Holders Census Asset Management Group and Census Multi Family Fund LVN on 5/16/18 [Dk. 477].


The Court is inclined to set a continued status conference date of 10/4/18 at 11:00 a.m. A status report is due 14 days in advance.


Appearances required.


************************************************************************* Tentative for 10/19/17:

Is to set a continued status conference for January 25, 2018 at 11:00 a.m. with a status report due 14 days in advance.


Appearances are excused for the 10/19/17 hearing.


************************************************************************* Tentative for 7/13/17:


The Court has received and reviewed the Status Report filed on 6/29/17 [Dk. 112]. The Court is inclined to set a continued status conference on 10/19/17 at 11:00 a.m., with a status report due 14 days in advance. The Parties should be prepared to discuss the setting of Chapter 11 deadlines with the Court.


Appearances required.


Debtor(s):


Party Information

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

11:00 AM

CONT...


WJA Asset Management LLC


Michael Simon Philip E Strok Kyra E Andrassy


Chapter 11

11:00 AM

8:18-12720


Tina Hong-Ngoc Trinh


Chapter 11


#3.00


CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Case Management Conference And (2) Requiring Status Report (Petition filed 7/24/18)

(Post Confirmation S/C set per Order Confirming Plan on 8/8/19)


FR: 9-13-18; 9-20-18; 12-20-18; 3-21-19; 4-18-19; 6-27-19; 8-8-19; 8-8-19;

2-6-20; 2-13-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING REORGANIZED DEBTORS' MOTION TO ADMINISTRATIVELY CLOSE INDIVIDUAL CHAPTER 11 CASE ENTERED 12-17-19 - (DOCKET NO. [99])

Tentative Ruling:

Party Information

Debtor(s):

MyTailor.com Represented By Christopher P Walker

11:00 AM

8:19-13930


Jonathan James Lagman and Samantha Page Lagman


Chapter 11


#5.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 10/7/19)


FR: 11-21-19; advanced from 2-12-20


Docket 7


Tentative Ruling:

Tentative for 1/30/20:


The Court is inclined to set the following dates/deadlines:


  1. Deadline for filing a plan and disclosure Statement: February 7, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


  2. Deadline to object to claims: February 29, 2020.


  3. Continued status conference: April 29, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are required.


Debtor is to lodge an order within seven days.


****************************************************************************** Tentative for 11/21/19 is to CONTINUE this status conference to February 12, 2020. A status report is due 14 days in advance.


Appearances are excused.

Party Information

11:00 AM

CONT...

Debtor(s):


Jonathan James Lagman and Samantha Page Lagman


Chapter 11

Jonathan James Lagman Represented By Michael Jones

Joint Debtor(s):

Samantha Page Lagman Represented By Michael Jones


Wednesday, February 5, 2020 Hearing Room 5C


11:00 AM

8:18-13666


Brooks T Morgan


Chapter 7

Adv#: 8:19-01013 Lopez et al v. Morgan


#1.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt And Objecting To Discharge

[11 USC Sections 523(a)(4), 523(a)(6)]

(Complaint filed 1/14/19) (PTC set at S/C held 4-4-19)


FR: 4-4-19


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO FEBRUARY 12, 2020 AT 11:00 A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 10-15-19 - (DOCKET NO. [12])

Party Information

Brooks T Morgan Represented By

Catherine Christiansen

Defendant(s):

Brooks T Morgan Pro Se

Plaintiff(s):

Joanna N Lopez Represented By Katrina Anne Foley

Maria Arellano Represented By Katrina Anne Foley

11:00 AM

8:18-12720


Tina Hong-Ngoc Trinh


Chapter 11


#1.00


CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Case Management Conference And (2) Requiring Status Report (Petition filed 7/24/18)

(Post Confirmation S/C set per Order Confirming Plan on 8/8/19)


FR: 9-13-18; 9-20-18; 12-20-18; 3-21-19; 4-18-19; 6-27-19; 8-8-19; 8-8-19


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO FEBRUARY 13, 2020 AT 11:00 A.M. PER ORDER CONTINUING POST-CONFIRMATION STATUS CONFERENCE ENTERED 10-15-19 - (DOCKET NO. [90])

Party Information

Tina Hong-Ngoc Trinh Represented By Michael Jones

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#2.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 5/18/17)

(Amended S/C Order Entered 6-9-17)


FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18; 7-12-18; 9-20-18; 12-20-18; 4-18-19;

9-19-19


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO FEBRUARY 13, 2020 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 10-15-19 - (DOCKET NO. [1025])

Party Information

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy

10:00 AM

6:18-14917


Hao Wang


Chapter 7


#1.00


Tiffany & Bosco - movant attorney Motion for Relief from Stay

U.S. Bank National Association vs. DEBTOR (Motion filed 1/8/20)


Re: 2017 MERCEDES BENZ GLS450W4; VIN NO. 4JGDF6EEXHA782882


EH            


Docket 115


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Hao Wang Represented By

Sam X J Wu

Trustee(s):

Arturo Cisneros (TR) Represented By Thomas H Casey

10:00 AM

CONT...


Hao Wang


Chapter 7

10:00 AM

6:19-19643


Jerry Michael Gutierrez


Chapter 7


#2.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

TD Auto finance LLC vs. DEBTOR, Karl T. Anderson, trustee (Motion filed 1/2/20)


Re: 2019 Toyota Camry, VIN: 4T1B11HK8KU718341


EH            


Docket 10


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Jerry Michael Gutierrez Represented By James P Doan

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:19-19750


Delta Hospice of California Inc


Chapter 7


#3.00


Gresham Savage Nolan & Tilden, PC - movant attorney Motion for Relief from Stay

Poseidon Chino Corporate Center LLC vs. DEBTOR (Motion filed 12/23/19)

(Cont. from 1/21/19)


Re: 14726 Ramona Avenue, Chino, CA 91710 EH            

Docket 41


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.


************************************************************************** Tentative for 1/21/20:


This matter is CONTINUED to February 11, 2020 at 10:00 a.m. to allow Movant to effectuate proper notice and service. The Notice of Motion filed 12/23/19 [Dk. 41] does not advise when an opposition is due, as required by LBR 9013-1(c)(2). The Proof of Service indicates Debtor was served via e- mail (the email address is not listed); however, Debtor is not listed on the

10:00 AM

CONT...


Delta Hospice of California Inc


Chapter 7

Court's NEF register and there is no evidence that Debtor otherwise consented to such service, as required by FRCP Rule 5. Proper notice and service must be effectuated by no later than 1/21/20.


The Court finds this matter appropriate for disposition without a hearing, and so the 1/21/20 hearing will not be held.

Party Information

Debtor(s):

Delta Hospice of California Inc Represented By

David A Akintimoye

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:19-19750


Delta Hospice of California Inc


Chapter 7


#4.00


Gresham Savage Nolan & Tilden, P.C. - movant attorney Motion for Relief from Stay

Poseidon Chino Center LLC vs. DEBTOR (Motion filed 1/22/20)


Re: 14726 Ramona Avenue, Suite, 200, Chino, CA 91710 EH            

Docket 53

*** VACATED *** REASON: Duplicate motion as #3 on calendar - jc Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Delta Hospice of California Inc Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:19-20228


Danny Kurtis Traylor


Chapter 7


#5.00


Ghidotti Berger - movant attorney Motion for Relief from Stay

Consumer Portfolio Services vs. DEBTOR (Motion filed 1/7/20)


Re: 2014 Ford Fusion EH            

Docket 17


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Danny Kurtis Traylor Represented By Paul M Stoddard

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:19-20540


Vanessa M. Sanchez


Chapter 7


#6.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorneys Motion for Relief from Stay

Santander Consumer USA Inc. vs. DEBTOR, Robert Whitmore, trustee (Motion filed 1/3/20)


Re: 2012 Honda Fit, VIN: JHMGE8G31CS002507


EH            


Docket 8


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Vanessa M. Sanchez Represented By Gregory Ashcraft

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:19-20717


Christopher K Rose and Jessica P Rose


Chapter 7


#7.00


Law Office of John Mendonza - movant attorney Motion for Relief from Stay

Pentagon Federal Credit Union vs. DEBTORS (Motion filed 1/6/20)


Re: 2013 Dodge Challenger EH            

Docket 11


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Christopher K Rose Represented By Paul Y Lee

Joint Debtor(s):

Jessica P Rose Represented By Paul Y Lee

10:00 AM

CONT...

Trustee(s):


Christopher K Rose and Jessica P Rose


Chapter 7

Steven M Speier (TR) Pro Se

10:00 AM

6:19-20912


Barbara Jeanette Doud


Chapter 7


#8.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

First Investors Servicing Corporation vs. DEBTOR, Robert Whitmore, trustee (Motion filed 1/6/20)


Re: 2016 Chrysler 300, VIN: 2C3CCAAG5GH216541


EH            


Docket 10


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Barbara Jeanette Doud Represented By Robert J Spitz

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:19-21003


Christopher Welton


Chapter 7


#9.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Cab West, LLC vs DEBTOR; Robert Whitmore, Trustee (Motion filed 12/31/19)


RE: 2015 Lincoln MKC, VIN: 5LMCJ1A95FUJ32405


`EH        


Docket 7


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Christopher Welton Represented By Benjamin R Heston

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:19-21093


J.D. Logistics, Inc.


Chapter 7


#10.00


Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay

MHC Financial Services vs. DEBTOR (Motion filed 1/8/20)


Re: Two (2) 2018 Kenworth W900, and two (2) Auxiliary Power Unit EH            

Docket 8


Tentative Ruling:

Tentative for 2/11/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

J.D. Logistics, Inc. Represented By

Bryant C MacDonald

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:19-21093


J.D. Logistics, Inc.


Chapter 7


#11.00


Law Offices of Glen Dresser - movant attorney Motion for Relief from Stay

Western A West CA, LLC vs. DEBTOR (Motion filed 1/14/20)


Re: 1460 Mountain View Avenue, Redlands, CA 92374 EH            

Docket 11

*** VACATED *** REASON: Order Granting Relief from Stay entered on 2/4/20 - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

J.D. Logistics, Inc. Represented By

Bryant C MacDonald

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:16-12749


Hilda Rosario Wilkinson


Chapter 7


#12.00


Hrg. on approval of trustee's final report and applications for compensation


EH            


Docket 0


Tentative Ruling:

Tentative for 2/11/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Hilda Rosario Wilkinson Represented By Phillip Myer

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:17-12726


Kevin Marroquin-Mayen


Chapter 7


#13.00


Hrg. on Application for Compensation filed 1/3/20, for The Turoci Firm, Trustee's Attorney, Period: 8/10/2017 to 12/26/2019, Fees: $7,245.00, Expenses:

$393.05.


EH            


Docket 25


Tentative Ruling:

Tentative for 2/11/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Kevin Marroquin-Mayen Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:17-18347


Armando Rivera and Leslie M. Rivera


Chapter 7


#14.00


Hrg. on chapter 7 trustee's Motion filed 11/27/19 Re: Objection to Claim Number 8 by Claimant Real Time Resolutions, Inc. as Agent for The Bank of New York Mellon


(Cont. from 1/7/20) EH            

Docket 75

*** VACATED *** REASON: Cont. to 3/31/20 @ 11:00 a.m. - jc Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Armando Rivera Represented By Keith Q Nguyen

Joint Debtor(s):

Leslie M. Rivera Represented By Keith Q Nguyen

Trustee(s):

Charles W Daff (TR) Represented By Lynda T Bui Rika Kido

11:00 AM

6:17-19913

Thomas John Forrest

Chapter 7

#15.00

Hrg. on creditor and claimant Robert Coleman and Karen Welch-Coleman's Motion filed 1/8/20 to Substitute Party

EH            

Docket 125


Tentative Ruling:

Tentative for 2/11/20 is to GRANT the motion.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Thomas John Forrest Represented By Michael F Chekian

Trustee(s):

Larry D Simons (TR) Represented By Wesley H Avery

11:00 AM

6:18-19561


Esteban Brito Gallegos


Chapter 7


#16.00


Hrg. on Application filed 1/3/20 for Compensation for Todd L Turoci, Trustee's Attorney, Period: 2/12/2019 to 12/24/2019, Fees: $5,352.50, Expenses: $380.12


EH            


Docket 39


Tentative Ruling:

Tentative for 2/11/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Esteban Brito Gallegos Represented By

Stuart G Steingraber

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#17.00


Hrg. on Debtor's Motion to Extend Time Motion to Extend Time Under Section 1121(e)(3) and Section 1129(e) to Confirm Plan


EH            


Docket 145

Tentative Ruling:

Tentative for 2/11/20: Appearances are required.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter

1:30 PM

6:19-20116

Nakamoto Bullies, Inc.

Chapter 11

#18.00

Hrg. on Motion in Ch 11 Case for Order Employing Professional (LBR 2014-1) Tang & Associates as General Bankruptcy Counsel

Docket 11

Tentative Ruling:

Tentative for 2/11/20 is to GRANT the motion. Debtor to lodge an order within seven (7) days.

Appearances are excused.

Debtor(s):

Party Information

Nakamoto Bullies, Inc. Represented By Kevin Tang

1:30 PM

6:15-20279

Mohammad Far

Chapter 7

Adv#: 6:16-01018 O'Laverty et al v. Far et al

#7.00

Hrg. on Plaintiffs' Motion For Summary Judgment on Claims under U.S.C. §§ 523(a)(2)(A) and (a)(6), or, in the alternative, for an adjudication of undisputed facts of Melinda Olaverty, Merille Sousa and Cheri Olaverty, substituted as Plaintiffs in place of named plaintiff Ames Todd Olaverty, deceased

(Cont. from 12/4/19)

Docket 64

Debtor(s):

*** VACATED *** REASON: Cont. to 2/19/19 @ 1:30 p.m. - jc

Party Information

Mohammad Far Represented By Stephen H Darrow

Defendant(s):

Mohammad Far Represented By Stephen H Darrow

Ruth Ann Far Represented By

Stephen H Darrow

Joint Debtor(s):

Ruth Ann Far Represented By

Stephen H Darrow

Plaintiff(s):

Ames Todd O'Laverty Represented By Ian Landsberg

Cheri O'Laverty Represented By Ian Landsberg

Merilee Sousa Represented By

1:30 PM

CONT...


Trustee(s):


Mohammad Far


Ian Landsberg


Chapter 7

Larry D Simons (TR) Represented By

Howard M Ehrenberg Jessica Vogel

1:30 PM

6:15-20279


Mohammad Far


Chapter 7

Adv#: 6:16-01018 O'Laverty et al v. Far et al


#8.00


STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (§523(a)(2), § 523(a)(4), §523(a)(6))


(Cont. from 12/4/19) EH             


Docket 1

Debtor(s):

*** VACATED *** REASON: Cont. to 2/19/19 @ 1:30 p.m. - jc

Party Information

Mohammad Far Represented By Stephen H Darrow

Defendant(s):

Mohammad Far Represented By Stephen H Darrow

Ruth Ann Far Represented By

Stephen H Darrow

Joint Debtor(s):

Ruth Ann Far Represented By

Stephen H Darrow

Plaintiff(s):

Ames Todd O'Laverty Represented By Ian Landsberg

1:30 PM

CONT...


Mohammad Far


Chapter 7

Cheri O'Laverty Represented By Ian Landsberg

Merilee Sousa Represented By Ian Landsberg

Trustee(s):

Larry D Simons (TR) Represented By

Howard M Ehrenberg Jessica Vogel

1:30 PM

6:18-17314


Harry Haro


Chapter 7

Adv#: 6:19-01134 Cube v. Haro et al


#9.00


STATUS CONFERENCE re: Complaint by Abigael Cube against Harry Haro, Lagrimas Haro for Determination of Dischargeability of Debt Pursuant to 11 USC Section 523(a)(3), 11 USC 523(a)(4)


(Cont. from 12/18/19) EH             

Docket 1

Debtor(s):

*** VACATED *** REASON: Cont. to 2/19/19 @ 1:30 p.m. - jc

Party Information

Harry Haro Represented By

Andrew M Rosenfeld James F Drake

Defendant(s):

Harry Haro Pro Se

Lagrimas Haro Pro Se

Joint Debtor(s):

Lagrimas Haro Represented By James F Drake

Plaintiff(s):

Abigael Cube Represented By Gene Koon

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:19-17280


Adrianna Alexis Jacsen


Chapter 7

Adv#: 6:19-01164 Cho v. Jacsen


#10.00


STATUS CONFERENCE re Complaint filed by Rebecca Maie Jimenez against Coracel Suratos Templo to determine nondischargeability of debt


Docket 1


Debtor(s):

*** VACATED *** REASON: ADVANCED TO JANUARY 29, 2020 AT 1:30 PM PER ORDER CONTINUING STATUS CONFERENCE ENTERED

12-17-19 - (DOCKET NO. [4])

Party Information

Adrianna Alexis Jacsen Pro Se

Defendant(s):

Adrianna Alexis Jacsen Pro Se

Plaintiff(s):

Andrew Cho Represented By

Andrew S Cho

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:19-17513


Laura B Laffranchini


Chapter 7

Adv#: 6:19-01158 Anderson v. Laffranchini


#11.00


STATUS CONFERENCE re: Complaint by Karl T. Anderson against Dana Laffranchini FOR: 1. AVOIDANCE OF INTENTIONAL FRAUDULENT TRANSFERS AND RECOVERY OF SAME [11 U.S.C. §§ 544, 550, 551; CAL.

CIV. CODE §§ 3439.04, 3439.07, 3439.08]; 2. AVOIDANCE OF CONSTRUCTIVE FRAUDULENT TRANSFERS AND RECOVERY OF SAME [11 U.S.C. §§ 544, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.05, 3439.07,

3439.08, 3439.09]; 3. DISALLOWANCE OF CLAIMS [11 U.S.C. §502(d)]; 3.

UNJUST ENRICHMENT [11 U.S.C. § 105]; 5. DECLARATORY RELIEF [11

U.S.C. §§ 541, 544; FRBP 700(9)]; 6. SALE OF PROPERTY BY PARTITION PURSUANT TO 11 U.S.C. § 363(h); AND 7. TURNOVER OF PROPERTY OF THE ESTATE [11 U.S.C. § 542]


Docket 1


Debtor(s):

*** VACATED *** REASON: ADVANCED TO JANUARY 29, 2020 AT 1:30 PM. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 12-17-19 - (DOCKET NO 5)

Party Information

Laura B Laffranchini Represented By Christopher Hewitt

Defendant(s):

Dana Laffranchini Pro Se

Plaintiff(s):

Karl T. Anderson Represented By

Rafael R Garcia-Salgado

Trustee(s):

Karl T Anderson (TR) Represented By

Rafael R Garcia-Salgado

11:00 AM

8:17-13506


John Richard Garcia


Chapter 7

Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Cha v. Garcia et al


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And

  2. For Turnover Of Estate Property Pursuant To 11 U.S.C. Section 542 (Complaint filed 7/17/19)


    FR: 10-23-19


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 29, 2020 AT 11:00 A.M. PER ORDER ADVANCING STATUS CONFERENCE ENTERED 12-17-19 - (DOCKET NO. [10])

    Party Information

    John Richard Garcia Represented By Raymond J Bulaon

    Defendant(s):

    Angie M Garcia Pro Se

    Christina Garcia Pro Se

    Angie M. Garcia and Christina Pro Se

    Plaintiff(s):

    Weneta M.A. Kosmala, solely in her Represented By

    Reem J Bello

    Trustee(s):

    Weneta M Kosmala (TR) Represented By Reem J Bello

    11:00 AM

    8:18-13666


    Brooks T Morgan


    Chapter 7

    Adv#: 8:19-01013 Lopez et al v. Morgan


    #2.00


    CONT'D PRE-TRIAL CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt And Objecting To Discharge

    [11 USC Sections 523(a)(4), 523(a)(6)]

    (Complaint filed 1/14/19) (PTC set at S/C held 4-4-19)


    FR: 4-4-19; 2-5-20


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO FEBRUARY 19, 2020 AT 11:00 A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 12-17-19 - (DOCKET NO. [14])

    Party Information

    Brooks T Morgan Represented By

    Catherine Christiansen

    Defendant(s):

    Brooks T Morgan Pro Se

    Plaintiff(s):

    Joanna N Lopez Represented By Katrina Anne Foley

    Maria Arellano Represented By Katrina Anne Foley

    11:00 AM

    8:19-10347


    Hassan Abbas Kassir


    Chapter 7

    Adv#: 8:19-01165 Kassir v. Essayli


    #3.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint For Injunctive Relief Pursuant To 11 U.S.C. Sections 105(a), 362(a), And 542(a)

    (Complaint filed 8/7/19)


    FR: 11-6-19 at 10:00 a.m.; 11-6-19


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 29, 2020 AT 11:00 A.M. PER ORDER ADVANCING STATUS CONFERENCE ENTERED 12-17-19- (DOCKET NO. [7])

    Party Information

    Hassan Abbas Kassir Pro Se

    Defendant(s):

    Hassan Essayli Pro Se

    Plaintiff(s):

    Hassan Kassir Pro Se

    Trustee(s):

    Richard A Marshack (TR) Represented By Donald W Sieveke

    11:00 AM

    8:19-13081


    Suzy Lubeck


    Chapter 7

    Adv#: 8:19-01219 Lubeck v. Internal Revenue Service et al


    #4.00


    STATUS CONFERENCE RE: First Amended Complaint To Determine Dischargeability Of Tax Liability

    (Complaint filed 11/18/19)

    (First Amended Complaint filed 11/25/19)


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 29, 2020 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 12-17-19 - (DOCKET NO. [8])

    Party Information

    Suzy Lubeck Represented By

    Bruce A Boice

    Defendant(s):

    Internal Revenue Service Pro Se

    State of California Franchise Tax Pro Se

    Plaintiff(s):

    Suzy Lubeck Represented By

    Bruce A Boice

    Trustee(s):

    Richard A Marshack (TR) Pro Se

    11:00 AM

    8:19-13184


    Guillermo Ceja


    Chapter 7

    Adv#: 8:19-01224 Merchants Acquisition Group LLC v. Ceja


    #5.00


    STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

    [11 U.S.C. Section 523(a)(2)(B)]

    (Complaint filed 11/24/19)


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 29, 2020 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 12-17-19 - (DOCKET NO. [6])

    Party Information

    Guillermo Ceja Represented By Lorrie A Walton

    Defendant(s):

    Guillermo Ceja Pro Se

    Plaintiff(s):

    Merchants Acquisition Group LLC Represented By

    Richard W Snyder

    Trustee(s):

    Karen S Naylor (TR) Pro Se

    11:00 AM

    8:19-13930


    Jonathan James Lagman and Samantha Page Lagman


    Chapter 11


    #6.00


    CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

    (Petition filed 10/7/19) FR: 11-21-19

    Docket 7


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 30, 2020 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 12-17-19 - (DOCKET NO. [35])

    Party Information

    Jonathan James Lagman Represented By Michael Jones

    Joint Debtor(s):

    Samantha Page Lagman Represented By Michael Jones

    11:00 AM

    8:15-10721


    American Spectrum Realty Inc., a Maryland Corporat


    Chapter 11


    #1.00


    CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing: (1) Case

    Management Conference And (2) Requiring Status Report (Petition filed 2/13/15) (Plan Confirmed on 7/8/16)

    (Set per Order Entered 7/8/16)


    FR: 7-23-15; 1-7-16; 3-3-16; 3-31-16; 6-23-16; 11-16-16; 11-17-16; 11-30-16;

    12-1-16, 5-11-17; 12-14-17; 5-31-18; 8-23-18; 1-31-19; 4-18-19; 10-17-29;

    10-24-19


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 30, 2020 AT 11:00 A.M. PER ORDER ADVANCING HEARING ON POST- CONFIRMATION STATUS CONFERENCE ENTERED 12-17-19 - (DOCKET NO. [1780])

    Party Information

    American Spectrum Realty Inc., a Represented By

    Robert E Opera Peter W Lianides Andrew B Levin

    11:00 AM

    8:17-11996


    WJA Asset Management LLC


    Chapter 11


    #2.00


    CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

    (Petition filed 5/18/17)

    (Amended S/C Order Entered 6-9-17)


    FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18; 7-12-18; 9-20-18; 12-20-18; 4-18-19;

    9-19-19; 2-6-20


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 30, 2020 AT 11:00 A.M. PER ORDER ADVANCING STATUS CONFERENCE HEARING ENTERED 12-17-19 - (DOCKET NO. [1081])

    Party Information

    WJA Asset Management LLC Represented By

    Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

    Kyra E Andrassy

    11:00 AM

    8:18-12720


    Tina Hong-Ngoc Trinh


    Chapter 11


    #3.00


    CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

    Case Management Conference And (2) Requiring Status Report (Petition filed 7/24/18)

    (Post Confirmation S/C set per Order Confirming Plan on 8/8/19)


    FR: 9-13-18; 9-20-18; 12-20-18; 3-21-19; 4-18-19; 6-27-19; 8-8-19; 8-8-19;

    2-6-20


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 30, 2020 AT 11:00 A.M. PER ORDER ADVANCING POST-CONFIRMATION STATUS CONFERENCE ENTERED 12-17-19 - (DOCKET NO. [97])

    Party Information

    Tina Hong-Ngoc Trinh Represented By Michael Jones

    11:00 AM

    8:19-10710


    MyTailor.com


    Chapter 11


    #4.00


    CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

    (Petition filed 2/27/19) FR: 4-18-19; 12-5-19


    Docket 0


    Debtor(s):

    *** VACATED *** REASON: ADVANCED TO JANUARY 30, 2020 AT 11:00 A.M. PER ORDER ADVANCING STATUS CONFERENCE ENTERED 12-17-19 - (DOCKET NO. [86])

    Party Information

    MyTailor.com Represented By Christopher P Walker

    10:00 AM

    6:19-20410


    Maricel Palomino


    Chapter 7


    #1.00


    Aldridge Pite, LLP - movant attorney Motion for Relief from Stay

    The Bank of New York Mellon Trust Company N.A. vs. DEBTOR (Motion filed 1/27/20)


    RE: 23658 Wooden Horse Trail, Murrieta, CA 92562 EH           

    Docket 20


    Tentative Ruling:

    Tentative for 2/18/20 is to DENY without prejudice.


    Movant seeks relief under §362(d)(1), under which the Court may grant relief "for cause, including the lack of adequate protection of an interest in property...." Movant did not check any of the boxes in the motion under § 362(d)(1), or submit any supplemental papers otherwise detailing "cause".

    Moreover, Movant's declaration at ¶11.g provides that a 53% equity cushion exists. The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).


    Appearances are not required and Movant is to lodge an order within seven days.

    Party Information

    Debtor(s):

    Maricel Palomino Represented By Gregory Ashcraft

    Movant(s):

    10:00 AM

    CONT...


    Maricel Palomino


    Chapter 7

    The Bank of New York Mellon Trust Represented By

    Josephine E Salmon

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    10:00 AM

    6:19-20861


    Claudia L Reinhardt


    Chapter 7


    #2.00


    Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay

    Wells Fargo Bank vs. DEBTOR (Motion filed 1/22/20)


    Re: All of Debtor's corporation's business personal property, in Debtor's corporation's former business location .


    EH            


    Docket 13

    *** VACATED *** REASON: Order Granting Relief from Stay motion entered on 2/5/20 - jc

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Claudia L Reinhardt Represented By Craig E Dwyer

    Movant(s):

    Wells Fargo Bank, National Represented By

    Yvonne Ramirez-Browning Raffi Khatchadourian

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    10:00 AM

    6:19-20921


    Felipe Contreras Alfaro


    Chapter 7


    #3.00


    Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

    Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 1/27/20)


    RE: 2018 TOYOTA PRIUS


    EH        


    Docket 9


    Tentative Ruling:

    Tentative for 2/18/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Felipe Contreras Alfaro Represented By Kevin Tang

    Movant(s):

    Toyota Motor Credit Corporation Represented By

    Kirsten Martinez

    10:00 AM

    CONT...

    Trustee(s):


    Felipe Contreras Alfaro


    Chapter 7

    Charles W Daff (TR) Pro Se

    11:00 AM

    6:16-20430


    Bernadette Chapman


    Chapter 7


    #4.00


    Hrg. on Order to Show Cause why Order approving compromise of controversy (Dk. 142 dated 8/13/18) should not be vacated or otherwise set aside without prejudice


    EH            


    Docket 0

    *** VACATED *** REASON: Order entered 2/10/20 - jc Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Bernadette Chapman Represented By Giovanni Orantes Richard L Antognini

    Trustee(s):

    Karl T Anderson (TR) Represented By Todd L Turoci Julie Philippi Tinho Mang

    11:00 AM

    6:17-10561


    Agavni Sandaldzhyan


    Chapter 7


    #5.00


    Hrg. on Trustee's Final Report; Applications for Compensation EH            


    Docket 0


    Tentative Ruling:

    Tentative for 2/18/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


    Trustee to lodge an order within seven (7) days.



    Party Information

    Debtor(s):

    Agavni Sandaldzhyan Pro Se

    Trustee(s):

    Howard B Grobstein (TR) Represented By Richard A Marshack David Wood Matthew Grimshaw

    11:00 AM

    6:17-15053


    Professional Flooring Installation Inc.


    Chapter 7


    #6.00


    Hrg. on Trustee's Final Report; Applications for Compensation EH            

    Docket 0


    Tentative Ruling:

    Tentative for 2/18/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


    Trustee to lodge an order within seven (7) days.


    Party Information

    Debtor(s):

    Professional Flooring Installation Represented By

    Todd L Turoci

    Trustee(s):

    Todd A. Frealy (TR) Represented By Leonard M Shulman Brandon J Iskander Lynda T Bui

    11:00 AM

    6:19-10976


    Yvette Rachel Kuglin


    Chapter 7


    #7.00


    Hrg. on trustee's final report and applications for compensation


    EH            


    Docket 0


    Tentative Ruling:

    Tentative for 2/18/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


    Trustee to lodge an order within seven (7) days.


    Party Information

    Debtor(s):

    Yvette Rachel Kuglin Represented By

    Thomas E Brownfield

    Trustee(s):

    Larry D Simons (TR) Pro Se

    1:30 PM

    6:15-14566


    Halo Sports Bar and Grill, Inc.


    Chapter 7

    Adv#: 6:19-01044 Simons (TR) v. City of Hesperia


    #8.00


    STATUS CONFERENCE re: Complaint by Larry D Simons (TR) against County Of San Bernardino, City of Hesperia - Declaratory judgment, validity, priority or extent of lien or other interest in property


    EH            


    Docket 1


    Tentative Ruling:

    Tentative for 2/18/20:


    The status conference is CONTINUED to March 4, 2020, to be held concurrently with the hearing set for the Trustee's Motion for Default Judgment. A status report is not required for the continued status conference.


    Appearances for the 2/18/20 status conference are excused.

    Party Information

    Debtor(s):

    Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade

    W. Derek May

    Defendant(s):

    City of Hesperia Pro Se

    Plaintiff(s):

    Larry D Simons (TR) Pro Se

    1:30 PM

    CONT...

    Trustee(s):


    Halo Sports Bar and Grill, Inc.


    Chapter 7

    Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin

    Stephen F Biegenzahn

    1:30 PM

    6:18-12715


    Big Bear Bowling Barn, Inc.


    Chapter 11


    #9.00

    Hrg. on Debtor for attorney motion for Interim Fees and/or Expenses


    Docket 212


    Tentative Ruling:

    Tentative for 2/18/20:


    The Court has received and reviewed the Interim Fee Application filed 1/13/20 [Dk. 212], Amended Fee Application filed 2/7/20 [Dk. 218], and Supplemental Declaration filed 2/10/20 [Dk. 219] (collectively, "Fee Application"). The Court is inclined to APPROVE the Fee Application, subject to a reduction of $4,360.00 (explained below).

    The Court has an independent duty to examine the reasonableness of the fees and expenses requested by retained professionals. In re Auto Parts, Inc., 211 B.R. 29, 33 (9th Cir. B.A.P. 1997). Pursuant to 11 U.S.C. § 330(a)(1)

    1. , the court may award reasonable compensation to a professional person employed under 11 U.S.C. § 327, for actual and necessary services rendered. The Court shall not allow compensation for unnecessary or duplicative services, or services that were not reasonably likely to benefit the debtor's estate or necessary to the administration of the case. See 11 U.S.C.

      § 330(a)(4)(a).


      The Fee Application reflects that 10.9 hours were expended in connection with two Motions for Sale of Property of the Estate [Dks. 82 & 137]. The Court notes that the first motion was determined without a hearing and denied by Order [Dk. 94] for failure to meet 11 U.S.C. § 363(b) standards and LBR requirements. The subsequent sale motion was likewise deficient, but voluntarily dismissed before a Court order denying the motion was entered.

      Both motions were grossly deficient upon filing. Therefore, the Court is inclined to reduce the portion of Applicant’s requested fees incurred in connection with the sale motions, by $4,360.00 (10.9 hours multiplied by

      1:30 PM

      CONT...


      Big Bear Bowling Barn, Inc.


      Chapter 11

      $400.00 hourly fee).

      The Court also seeks clarification regarding whether the fees requested in the Fee Application are to be paid from drawing down on the pre-petition retainer of $20,000.00, or in addition to the already withdrawn retainer. The Applicant’s Employment Application [Dk. 12], as approved by Order [Dk. 47], authorized pre-petition charges of $1,325.00 to be drawn from the retainer, but did not expressly authorize any further draw-down. Further, the Applicant has not filed monthly Professional Fee Statements as required by the UST Compensation Guide or sought other authorization from this Court to withdraw any amount. However, the Fee Application indicates that the remaining balance of the retainer is $0.00. Thus, the post-petition draw down of the retainer appears to have been contrary to the UST guidelines and without Court authorization and/or approval.

      Appearances are required.


      Party Information

      Debtor(s):

      Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

      Movant(s):

      Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

      1:30 PM

      6:15-20279


      Mohammad Far


      Chapter 7

      Adv#: 6:16-01018 O'Laverty et al v. Far et al


      #6.00


      STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (§523(a)(2), § 523(a)(4), §523(a)(6))


      (Cont. from 2/12/19) EH             


      Docket 1

      *** VACATED *** REASON: Cont. to 4/1/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Mohammad Far Represented By Stephen H Darrow

      Defendant(s):

      Mohammad Far Represented By Stephen H Darrow

      Ruth Ann Far Represented By

      Stephen H Darrow

      Joint Debtor(s):

      Ruth Ann Far Represented By

      Stephen H Darrow

      1:30 PM

      CONT...


      Mohammad Far


      Chapter 7

      Plaintiff(s):

      Ames Todd O'Laverty Represented By Ian Landsberg

      Cheri O'Laverty Represented By Ian Landsberg

      Merilee Sousa Represented By Ian Landsberg

      Trustee(s):

      Larry D Simons (TR) Represented By

      Howard M Ehrenberg Jessica Vogel

      1:30 PM

      6:15-20279


      Mohammad Far


      Chapter 7

      Adv#: 6:16-01018 O'Laverty et al v. Far et al


      #7.00


      Hrg. on Plaintiffs' Motion For Summary Judgment on Claims under U.S.C. §§ 523(a)(2)(A) and (a)(6), or, in the alternative, for an adjudication of undisputed facts of Melinda Olaverty, Merille Sousa and Cheri Olaverty, substituted as Plaintiffs in place of named plaintiff Ames Todd Olaverty, deceased


      (Cont. from 2/12/19)


      Docket 64

      *** VACATED *** REASON: Cont. to 4/1/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Mohammad Far Represented By Stephen H Darrow

      Defendant(s):

      Mohammad Far Represented By Stephen H Darrow

      Ruth Ann Far Represented By

      Stephen H Darrow

      Joint Debtor(s):

      Ruth Ann Far Represented By

      Stephen H Darrow

      Plaintiff(s):

      Ames Todd O'Laverty Represented By Ian Landsberg

      Cheri O'Laverty Represented By

      1:30 PM

      CONT...


      Mohammad Far


      Ian Landsberg


      Chapter 7

      Merilee Sousa Represented By Ian Landsberg

      Trustee(s):

      Larry D Simons (TR) Represented By

      Howard M Ehrenberg Jessica Vogel

      1:30 PM

      6:17-13972


      Coracel Suratos Templo


      Chapter 7

      Adv#: 6:19-01162 Jimenez v. Templo


      #8.00


      STATUS CONFERENCE re Complaint by Rebecca Marie Jimenez against Coracel Suratos Templo- §§523(a)(2), 523(a)(4), 523(a)(6)


      EH         


      Docket 1


      Tentative Ruling:

      Tentative for 02/19/20 is to CONTINUE the status conference to April 15, 2020, and impose a $50 sanction on Plaintiff for failure to comply with applicable rules and instructions.


      This adversary was filed on November 15, 2019. A Request for Entry of Default was filed on 1/18/20 [Dk. 6]. On 1/23/20, Notice that a Default Has Not Been Entered was served on the Plaintiff [Dk. 8]. The Court notes that, as of the posting of this tentative, the docket does not reflect any further

      activity. A unilateral status report has not been filed. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued November 18, 2019 [Dk. 3].


      Appearances are required.


      Debtor(s):


      Party Information

      Coracel Suratos Templo Represented By Neil R Hedtke

      Christopher Hewitt

      Defendant(s):

      Coracel Suratos Templo Pro Se

      1:30 PM

      CONT...


      Coracel Suratos Templo


      Chapter 7

      Plaintiff(s):

      Rebecca Marie Jimenez Represented By Jeffrey G Jacobs

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:17-17601


      Deborah McKay


      Chapter 7

      Adv#: 6:18-01056 Whitmore v. McKay V et al


      #9.00


      STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Alexander H. McKay V, Alexander H. McKay V as Trustee of the Alexander McKay V Living Trust -(1) Determine that Property is Property of the Bankruptcy Estate; (2) Avoidance of Avoidable Transactions; and (3) To Recover Avoided Transactions


      (Cont. from 11/6/19) EH            

      Docket 1

      *** VACATED *** REASON: Cont. to 5/27/20 by order signed and entered on 2/6/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Deborah McKay Represented By Natalie A Alvarado

      Defendant(s):

      Alexander H. McKay V Pro Se Alexander H. McKay V as Trustee Pro Se

      Plaintiff(s):

      Robert S. Whitmore Represented By Franklin C Adams

      Trustee(s):

      Robert Whitmore (TR) Represented By Franklin C Adams

      1:30 PM

      CONT...


      Deborah McKay


      Chapter 7

      1:30 PM

      6:18-15684


      Christopher John Mulvania


      Chapter 7

      Adv#: 6:18-01201 Turoci v. Mulvania


      #10.00


      STATUS CONFERENCE Re: Complaint by Todd Turoci against Christopher John Mulvania - §523(a)(2)(A), (B), §727(c),(d),(e)


      (Cont. from 12/4/19) EH            


      Docket 1

      *** VACATED *** REASON: Cont. to 4/29/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Christopher John Mulvania Represented By

      Bryant C MacDonald

      Defendant(s):

      Christopher John Mulvania Pro Se

      Plaintiff(s):

      Todd Turoci Represented By

      Todd L Turoci

      Trustee(s):

      Larry D Simons (TR) Pro Se

      1:30 PM

      6:18-17314


      Harry Haro


      Chapter 7

      Adv#: 6:19-01134 Cube v. Haro et al


      #11.00


      STATUS CONFERENCE re: Complaint by Abigael Cube against Harry Haro, Lagrimas Haro for Determination of Dischargeability of Debt Pursuant to 11 USC Section 523(a)(3), 11 USC 523(a)(4)


      (Cont. from 2/12/19) EH             

      Docket 1


      Tentative Ruling:

      Tentative for 2/19/20:


      The Court is inclined to set the following dates/deadlines:


      1. Discovery cutoff: July 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


      2. Motion cutoff: August 7, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


      3. Pretrial conference: September 23, 2020 at 1:30 p.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.

      Party Information

      Debtor(s):

      Harry Haro Represented By

      1:30 PM

      CONT...


      Harry Haro


      Andrew M Rosenfeld James F Drake


      Chapter 7

      Defendant(s):

      Harry Haro Pro Se

      Lagrimas Haro Pro Se

      Joint Debtor(s):

      Lagrimas Haro Represented By James F Drake

      Plaintiff(s):

      Abigael Cube Represented By Gene Koon

      Trustee(s):

      Larry D Simons (TR) Pro Se

      1:30 PM

      6:18-18200


      John Obrien


      Chapter 7

      Adv#: 6:19-01086 United States Trustee for the Central District of v. Obrien et al


      #12.00


      STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against John Obrien, Tracy Obrien - 727(c),(d),(e)


      (Cont. from 12/18/19) EH            

      Docket 1

      *** VACATED *** REASON: Judgment Denying Debtors' Discharge entered on - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      John Obrien Represented By

      Christopher J Murtagh

      Defendant(s):

      John Obrien Pro Se

      Tracy Obrien Pro Se

      Joint Debtor(s):

      Tracy Obrien Represented By

      Christopher J Murtagh

      Plaintiff(s):

      United States Trustee for the Central Represented By

      Everett L Green

      1:30 PM

      CONT...

      Trustee(s):


      John Obrien


      Chapter 7

      Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto

      1:30 PM

      6:19-10538


      Raymond Richard Quinto,, Jr.


      Chapter 7

      Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al


      #13.00


      PRE-TRIAL CONFERENCE re: Complaint by Steven M Speier, Chapter 7 Trustee against Jeffrey Pont, Shantal Pont for: (1) Avoidance and Recovery of Fraudulent Transfers Pursuant to §§ 544, 548, 550 and CA Civ. Code §§ 3439.04, 3439.07; and (2) Preservation of Avoided and Recovered Transfers Pursuant to § 551.


      Docket 1


      Tentative Ruling:

      Tentative for 2/19/20:


      Appearances required. Counsels should be prepared to discuss trial scheduling.


      Potential available trial dates are:


      May 20-22

      Week of July 27 Week of August 24


      *************************************************************************************** Tentative for 6/26/19:


      The Court is inclined to set the following dates/deadlines:


      1. Discovery cutoff: November 15, 2019. Note: this is the date by which all discovery motions must be heard and resolved.


      2. Motion cutoff: January 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


      3. Pretrial conference: February 19, 2020 at 1:30 p.m.

      1:30 PM

      CONT...


      Raymond Richard Quinto,, Jr.


      Chapter 7


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.

      Party Information

      Debtor(s):

      Raymond Richard Quinto, Jr. Represented By John D Faucher

      Defendant(s):

      Jeffrey Pont Pro Se

      Shantal Pont Pro Se

      Plaintiff(s):

      Steven M Speier, Chapter 7 Trustee Represented By

      Robert P Goe Ryan S Riddles

      Trustee(s):

      Steven M Speier (TR) Represented By Robert P Goe

      Elizabeth A LaRocque

      1:30 PM

      6:19-17280


      Adrianna Alexis Jacsen


      Chapter 7

      Adv#: 6:19-01164 Cho v. Jacsen


      #14.00


      STATUS CONFERENCE re Complaint filed by Andrew Cho against Adrianna Alexis Jacsen to determine nondischargeability of debt


      (Cont. from 1/29/20)


      Docket 1

      *** VACATED *** REASON: Cont. to 3/11/20 @ 1:30 by order entered on 2/11/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Adrianna Alexis Jacsen Pro Se

      Defendant(s):

      Adrianna Alexis Jacsen Pro Se

      Plaintiff(s):

      Andrew Cho Represented By

      Andrew S Cho

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-17280


      Adrianna Alexis Jacsen


      Chapter 7

      Adv#: 6:19-01164 Cho v. Jacsen


      #15.00


      Hrg. on Order to Show Cause why Defendant's Response should not be stricken for Defendant's failure to appear and comply with local bankruptcy rules


      EH            


      Docket 0

      *** VACATED *** REASON: Cont. to 3/11/20 @ 1:30 by order entered on 2/11/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Adrianna Alexis Jacsen Pro Se

      Defendant(s):

      Adrianna Alexis Jacsen Pro Se

      Plaintiff(s):

      Andrew Cho Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      8:19-13369


      Hussein Salah Suheimat


      Chapter 7

      Adv#: 8:19-01226 Naylor, solely in her capacity as the chapter 7 tr v. The Machine Group, Inc.,


      #1.00


      STATUS CONFERENCE Hearing RE: Complaint:

      1. To Avoid Preferrential Transfer Pursuant To 11 U.S.C. Section 547(b); And

      2. To Recover Preferential Transfer Pursuant To 11 U.S.C. Sections 550 And 551

      (Complaint filed 12/2/19)


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING TRUSTEE'S MOTION TO APPROVE COMPROMISE OF CONTROVERSY ENTERED 1-29-2020 - (DOCKET NO. [75])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Hussein Salah Suheimat Represented By Michael A Cisneros

      Defendant(s):

      The Machine Group, Inc., a Pro Se

      Joint Debtor(s):

      Lucy Emmanuel Shirajian Represented By Michael A Cisneros

      Plaintiff(s):

      Karen S. Naylor, solely in her Represented By Nathan F Smith

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:17-14355


      Magnetar Technologies Corporation


      Chapter 7


      #2.00


      Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

      (Final Report filed 1/10/20)


      [RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $6,295.14; Expenses: $458.22]


      [RE: RINGSTAD & SANDERS, LLP - Attorneys For Chapter 7 Trustee] [Fees: $5,263.50; Expenses: $200.85]


      [RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $5,628.00; Expenses: $358.90]


      Docket 91


      Tentative Ruling:

      Tentative for 2/19/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Magnetar Technologies Corporation Represented By

      Jacqueline D Serrao

      Trustee(s):

      Karen S Naylor (TR) Represented By Nanette D Sanders

      11:00 AM

      CONT...


      Magnetar Technologies Corporation


      Christopher Minier


      Chapter 7

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7


      #3.00


      Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing The Trustee To Sell Real Property (1311 Antigua, Newport Beach, California) Free And Clear Of Liens Pursuant To 11 U.S.C. Section 363(b); (2) Approving Overbid Procedures; (3) Approving Compensation Of Real Estate Broker; (4) Authorizing Distribution Of Sale Proceeds, Including The Distribution Of Net Homestead Exemption To The Debtor; (5) Waiving 14 Day Stay Imposed By Federal Rules Of Bankruptcy Procedure 6004(h); (6) Approving Reimbursement Of Trustee's Costs; And (7) Turnover Against The Debtor

      (Motion filed 1/24/20)


      Docket 318


      Tentative Ruling:

      Tentative for 2/19/20 is to GRANT the motion as requested.

      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.

      Trustee to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Trustee(s):

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7


      #4.00


      Hearing RE: Chapter 7 Trustee's Motion For Order Approving Stipulation Between Chapter 7 Trustee And The Debtor For 2004 Exam Order And For Production Of Documents Regarding Debtor's Net Homestead Exemption Funds (Motion filed 1/28/20)


      Docket 322


      Tentative Ruling:

      Tentative for 2/19/20 is to APPROVE the motion as requested.

      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.

      Trustee to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Trustee(s):

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7

      Adv#: 8:19-01013 Lopez et al v. Morgan


      #5.00


      PRE-TRIAL CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt And Objecting To Discharge

      [11 USC Sections 523(a)(4), 523(a)(6)]

      (Complaint filed 1/14/19) (PTC set at S/C held 4-4-19)


      FR: 4-4-19; 2-5-20; 2-12-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

      A.M. PER ORDER ON STIPULATION RE: CONTINUING PRE-TRIAL HEARING AND ALL DISCOVERY DEADLINES ENTERED 2-6-2020 - (DOCKET NO. [19])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Defendant(s):

      Brooks T Morgan Pro Se

      Plaintiff(s):

      Joanna N Lopez Represented By Katrina Anne Foley

      Maria Arellano Represented By Katrina Anne Foley

      10:00 AM

      8:19-13340


      Mark Kevin Echan and Ilysse Sorelle Kracow


      Chapter 7


      #1.00


      CONT'D Motion for relief from stay [Real Property]


      Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust vs. DEBTORS

      (Motion filed 10/15/19)


      [RE: 364 Princeton Drive, Costa Mesa, California 92626]


      FR: 11-7-19


      Docket 28

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED 2-19-2020 - (DOCKET NO. [70])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Mark Kevin Echan Represented By Stephen L Burton

      Joint Debtor(s):

      Ilysse Sorelle Kracow Represented By Stephen L Burton

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:19-13369


      Hussein Salah Suheimat and Lucy Emmanuel Shirajian


      Chapter 7


      #2.00


      CONT'D Motion for relief from stay [Real Property]


      Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 11/27/19)

      (Amended Motion filed 12/3/19)


      [RE: 9 Verano, Foothill Ranch, California 92610]


      FR: 12-19-19


      Docket 41

      *** VACATED *** REASON: CONTINUED TO MAY 7, 2020 AT 10:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED ON 2-14-2020 - (DOCKET NO. [86])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Hussein Salah Suheimat Represented By Michael A Cisneros

      Joint Debtor(s):

      Lucy Emmanuel Shirajian Represented By Michael A Cisneros

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:19-13369


      Hussein Salah Suheimat and Lucy Emmanuel Shirajian


      Chapter 7


      #3.00


      CONT'D Motion for relief from stay [Real Property]


      Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 12/6/19)


      [RE: 9 Verano, Foothill Ranch, CA 92610]


      FR: 1-9-20


      Docket 48

      *** VACATED *** REASON: CONTINUED TO MAY 7, 2020 AT 10:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 2-13-2020 - (DOCKET NO. [85])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Hussein Salah Suheimat Represented By Michael A Cisneros

      Joint Debtor(s):

      Lucy Emmanuel Shirajian Represented By Michael A Cisneros

      Trustee(s):

      Karen S Naylor (TR) Represented By Arturo M Cisneros

      10:00 AM

      8:19-14966


      Lizzette Michelle Aguilllen


      Chapter 7


      #4.00


      Motion for relief from stay [Personal Property]


      Honda Lease Trust vs. DEBTOR; And Jeffrey L. Golden, Chapter 7 Trustee (Motion filed 1/30/20)


      [RE: 2018 Honda Civic - VIN No.: JHMF C1F3 1JX0 02324]


      Docket 10


      Tentative Ruling:

      Tentative for 2/20/20 is to CONTINUE to 3/12/20 at 10:00 a.m., to allow Movant to provide proper notice. The Motion was filed 1/30/20, served on Debtor by mail, and set for hearing exactly 21 days later, on 2/20/20. While LBR 9013-1(d)(2) specifies that notice must be filed and served not later than 21 days before the hearing date, FRBP 9006(f) requires that an additional 3 days be provided for motions served by mail.


      Appearances for the 2/20/20 hearing are excused.

      Party Information

      Debtor(s):

      Lizzette Michelle Aguilllen Represented By Gregory E Nassar

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      10:00 AM

      8:20-10140


      Martin Duran-Tello


      Chapter 7


      #5.00


      Motion for relief from stay [Personal Property]


      Mechanics Bank, A California Banking Corporation vs. DEBTOR; And Karen S.

      Naylor, Chapter 7 Trustee (Motion filed 1/17/20


      [RE: 2009 Toyota Tacoma - VIN No.: 3TMJ U62N 09M0 74307]


      Docket 24

      *** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS AND/OR PLAN ENTERED 2-3-2020 - (DOCKET NO. [31])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Martin Duran-Tello Represented By Richard M Moss III

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:16-15064


      Charles Flowers Harrison


      Chapter 11

      Adv#: 8:19-01077 Harrison et al v. PM Factors, Inc.


      #6.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

      1. Declaratory Relief Regarding The Nature, Extent And Validity Of Lien As To PM Factors, Inc. Pertaining To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California;

      2. Disallow Claim, If Any, And To Remove Lien, If Any, From The Real Property Located At 7537 E. Twinleaf Trail

        (Complaint filed 5/1/19)

        (PTC set at S/C held 7/18/19) FR: 7-18-19

        Docket 1


        Tentative Ruling:

        Tentative for 2/20/20:


        This matter is CONTINUED to April 9, 2020 at 11:00 a.m. as a holding date pending dismissal pursuant to the settlement approved by an order entered in the main case on December 30, 2020 [Dk. 325]. If the case is not dismissed, a status report is due 14 days in advance.


        Appearances are excused.


        ************************************************************************************** Tentative for 7/18/19:

        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: December 1, 2019. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: January 31, 2020. Note: this is the date by which all non-

          11:00 AM

          CONT...


          Charles Flowers Harrison


          Chapter 11

          discovery motions must be heard and resolved.


        3. Pretrial conference: February 20, 2020 at 11:00 a.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.

      Party Information

      Debtor(s):

      Charles Flowers Harrison Represented By Michael Jones Sara Tidd

      Defendant(s):

      PM Factors, Inc. Pro Se

      Joint Debtor(s):

      Martha Isabel Montoya Represented By Michael Jones Sara Tidd

      Plaintiff(s):

      Charles Flowers Harrison Represented By Michael Jones

      Martha Isabel Montoya Represented By Michael Jones

      Axis CP I, LLC Represented By Michael Jones

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al


      #7.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19)

      (Another Summons issued 9-27-19) FR: 8-8-19; 11-7-19; 12-18-19

      Docket 1

      *** VACATED *** REASON: CONTINUED TO APRIL 29, 202 AT 11:00

      A.M. PER ORDER GRANTING STIPULATION ENTERED 1-22-20 - (DOCKET NO. [40])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Loisanne Sage Pro Se

      Loisanne Sage as the trustee of the Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:18-14277


      Progressive Solutions, Inc.


      Chapter 11


      #8.00


      Hearing RE: Motion For Order Authorizing Amendment Of Chapter 11 Petition RE Subchapter V Election And Extension Of Plan Deadline

      (Motion filed 1/30/20)


      Docket 143

      Tentative Ruling:

      Tentative for 2/20/20:

      Appearances are required.

      Debtor(s):

      Party Information

      Progressive Solutions, Inc. Represented By Lewis R Landau

      11:00 AM

      8:18-14277

      Progressive Solutions, Inc.

      Chapter 11

      #9.00

      Hearing RE: Motion To Confirm Plan Under 11 U.S.C. Section 1191(b) (Motion filed 1/30/20)

      Docket 145


      Tentative Ruling:

      Tentative for 2/20/20:


      Appearances are required.


      ************************************************************************************ Tentative for 01/09/20:

      This matter is CONTINUED to February 20, 2020 at 11:00 a.m.


      Any further pleadings and/or motions relevant to this matter must be filed by no later than January 30, 2020. Any response must be filed by no later than February 6, 2020, and any reply to the response must be filed by no later than February 13, 2020.


      Appearances are excused.


      *********************************************************************************** Tentative for 09/19/19:


      The Court will require live testimony in person from Mr. Glenn Vodhanel, President of Progressive Solutions, Inc., Mr. James Sherman, President of Ecker Capital, LLC, and a PMK from the City of Oakland, California ("City"), regarding the City's proposed Plan/Disclosure Statement and its negotiations with Ecker Capital, LLC.


      Appearances required in person.

      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Progressive Solutions, Inc.


      Chapter 11

      Progressive Solutions, Inc. Represented By Lewis R Landau

      11:00 AM

      8:18-14277


      Progressive Solutions, Inc.


      Chapter 11


      #10.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 11/21/18)


      FR: 1-10-19; 6-13-19; 7-18-19; 9-19-19; 11-7-19; 1-9-20


      Docket 1


      Tentative Ruling:

      Tentative for 2/20/20:


      Appearances are required.


      ******************************************************************************** Tentative for 01/09/20:

      This matter is CONTINUED to February 20, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances are excused.


      ************************************************************************************ Tentative for 09/19/19:

      The Court is inclined to set a continued status conference date of December 5, 2019 at 11:00 a.m. with a status report due 14 days in advance.


      Appearances required.


      ***************************************************************************** Tentative for 7/18/19 is to set a continued status conference date of November 21, 2019 at 11:00 a.m. with a status report due 14 days in

      11:00 AM

      CONT...


      Progressive Solutions, Inc.


      Chapter 11

      advance. Appearances required.

      **************************************************************************** Tentative for 6/13/19:


      The Court has received and reviewed the status report filed on May 30, 2019 [Dk. 49], and will CONTINUE this matter to July 18, 2019, at 11:00 a.m. to coincide with the hearing on the disclosure statement.


      Appearances are excused. No hearing will occur.


      **************************************************************************** Tentative for 1/10/19 is to set the following dates/deadlines:


      1. May 20, 2019: Last date to file a plan and disclosure statement.


      2. March 15, 2019: Last date to file claims ("Claims Bar Date").


      3. January 14, 2019: Last date for Debtor to serve notice of the Claims Bar Date.


      4. April 15, 2019: Last date to file objections to claim.


      5. April 15, 2019: Last date to file avoidance actions.


      The Debtor is specifically advised that the failure to timely file a plan or disclosure statement may result dismissal or conversion.


      Appearances required.


      Debtor(s):


      Party Information

      Progressive Solutions, Inc. Represented By Lewis R Landau

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #11.00


      CONT'D Motion for relief from stay [Personal Property]


      Anthony Thompson vs. DEBTOR (Motion filed 1/2/20)


      [RE: Proceeds Of Debtor's Insurance Policy With XL Speciality Insurance Company, Policy No. ELU122578-1]


      FR: 1-23-20


      Docket 55

      *** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR RELIEF FROM STAY ENTERED 2-12-2020 - (DOCKET NO. [87])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      1:30 PM

      6:18-16624


      Lovejoy's Family Moving., Inc., dba Republic


      Chapter 11


      #1.00


      Hrg. on Chapter 11 Status Conference EH            

      (Cont. from 11/19/19)


      Docket 1

      Debtor(s):

      *** VACATED *** REASON: Final Decree Order entered on 12/26/19 - jc Party Information

      Lovejoy's Family Moving., Inc., dba Represented By

      Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera

      1:30 PM

      6:19-17085

      O'Linn Security Incorporated

      Chapter 11

      #2.00

      Hrg. on Chapter 11 Disclosure Statement


      Docket 0


      Debtor(s):

      *** VACATED *** REASON: Cont. to 3/10/20 @ 1:30 p.m. - jc

      Party Information

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      10:00 AM

      6:19-19742


      Kristin Elaine Hanley and Johnathan Wayne Hanley


      Chapter 7


      #1.00


      Hrg. on approval of Reaffirmation Agreement filed 1/22/20 Between Debtor and Kia Motors Finance, in the amount of $3,284.84


      Re: 2015 Kia Optima


      Docket 12


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Kristin Elaine Hanley Pro Se

      Joint Debtor(s):

      Johnathan Wayne Hanley Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:19-21178


      Iyrene Giovanna Brenda Hurley and Cory James Hurley


      Chapter 7


      #2.00


      Hrg. on Approval of Reaffirmation Agreement filed 2/10/20 Between Debtor and TD Auto Finance LLC, in the amount of $27,726.78


      Re: 2018 Ford Edge


      Docket 14


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Iyrene Giovanna Brenda Hurley Pro Se

      Joint Debtor(s):

      Cory James Hurley Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:20-10480


      Mary Karen Chastain


      Chapter 7


      #3.00


      Hrg. on approval of Reaffirmation Agreement filed 1/29/20 Between Debtor and ONEMAIN Financial Group, LLC, in the amount of $8,453.49


      Re: 2015 Honda


      Docket 8


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mary Karen Chastain Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-10074


      Kim Marie Kidd


      Chapter 7


      #3.10


      Hrg. on approval of Reaffirmation Agreement Between Debtor and Wells Fargo Bank, in the amount of $10,054.75


      Re: 2015 Chevrolet Camaro


      Docket 8


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Kim Marie Kidd Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:15-12078


      Orange County Nursery, Inc.


      Chapter 11


      #8.00


      Hrg. on Chapter 11 Status Conference (Cont. from 9/17/19)

      EH            


      Docket 0

      *** VACATED *** REASON: Cont. to 3/10/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

      Arthur Gutierrez Longoria Tamar Terzian

      1:30 PM

      6:15-12078


      Orange County Nursery, Inc.


      Chapter 11


      #9.00


      Hrg. on Creditor, The Minority Voting Trust Objection to claim of Esther Veyna EH            

      (Cont. from 12/17/19)


      Docket 0

      *** VACATED *** REASON: Cont. to 3/10/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

      Arthur Gutierrez Longoria Tamar Terzian

      1:30 PM

      6:15-14566


      Halo Sports Bar and Grill, Inc.


      Chapter 7

      Adv#: 6:19-01044 Simons (TR) v. City of Hesperia


      #10.00


      Hrg on Plaintiff's Motion filed 2/12/20 for Default Judgment against City of Hesperia


      EH         


      Docket 23

      *** VACATED *** REASON: Cont. to 4/29/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade

      W. Derek May

      Defendant(s):

      City of Hesperia Pro Se

      Plaintiff(s):

      Larry D Simons (TR) Pro Se

      Trustee(s):

      Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin

      Stephen F Biegenzahn

      1:30 PM

      6:15-14566


      Halo Sports Bar and Grill, Inc.


      Chapter 7

      Adv#: 6:19-01044 Simons (TR) v. City of Hesperia


      #10.10


      STATUS CONFERENCE re: Complaint by Larry D Simons (TR) against County Of San Bernardino, City of Hesperia - Declaratory judgment, validity, priority or extent of lien or other interest in property


      EH            


      (Cont. from 2/18/20)


      Docket 1

      *** VACATED *** REASON: Cont. to 4/29/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade

      W. Derek May

      Defendant(s):

      City of Hesperia Pro Se

      Plaintiff(s):

      Larry D Simons (TR) Pro Se

      Trustee(s):

      Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin

      Stephen F Biegenzahn

      1:30 PM

      6:17-15749


      Foster Enterprises, a California general partnersh


      Chapter 7

      Adv#: 6:19-01152 Cisneros et al v. United States of America et al


      #11.00


      Hrg. on United States of America's Motion filed 12/9/19 to Dismiss Adversary complaint for failure to state actual controversy


      (Cont. from 1/22/20)


      Docket 8

      *** VACATED *** REASON: Case dismissed on 2/14/20 - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones

      Defendant(s):

      United States of America Pro Se UNITED STATES OF AMERICA Represented By

      Jolene Tanner

      Plaintiff(s):

      Arturo M. Cisneros Represented By Thomas H Casey

      Trustee(s):

      John P Pringle (TR) Represented By Toan B Chung

      1:30 PM

      6:17-15749


      Foster Enterprises, a California general partnersh


      Chapter 7

      Adv#: 6:19-01152 Cisneros v. United States of America


      #12.00


      STATUS CONFERENCE Re: Complaint by Arturo M. Cisneros against United States of America for: (1) Avoidance of IRS Lien Pursuant to 11 U.S.C. Section 544 and (2) Preservation of Avoided Lien Pursuant to 11 U.S.C. Section 551 Nature of Suit: (14 (Recovery of money/property


      (Cont. from 1/22/20) EH            

      Docket 1

      *** VACATED *** REASON: Case dismissed on 2/14/20 - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones

      Defendant(s):

      United States of America Pro Se

      Plaintiff(s):

      Arturo M. Cisneros Represented By Thomas H Casey

      Trustee(s):

      John P Pringle (TR) Represented By Toan B Chung

      1:30 PM

      6:18-14917


      Hao Wang


      Chapter 7

      Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang


      #13.00


      STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Hao Wang - 727(c),(d),(e)


      EH            


      (Cont. from 1/8/20)


      Docket 1


      Tentative Ruling:

      Tentative for 3/04/20:


      The Court is inclined to set the following dates/deadlines:


      1. Discovery cutoff: June 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


      2. Motion cutoff: July 31, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


      3. Pretrial conference: September 2, 2020 at 1:30 p.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.


      *************************************************************************** Tentative for 01/08/20:

      1:30 PM

      CONT...


      Hao Wang


      Chapter 7

      This matter is CONTINUED to March 4, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Plaintiff is to file its motion for default judgment by no later than January 31, 2020, and may have it determined without a hearing pursuant to applicable local rules or schedule it for to be heard concurrently on March 4, 2020 at 1:30 p.m., at Plaintiff's election.


      Appearances for the 01/08/20 hearing are excused.


      Party Information

      Debtor(s):

      Hao Wang Represented By

      Sam X J Wu

      Defendant(s):

      Hao Wang Pro Se

      Plaintiff(s):

      United States Trustee for the Central Represented By

      Everett L Green

      Trustee(s):

      Arturo Cisneros (TR) Represented By Thomas H Casey

      11:00 AM

      8:17-13506


      John Richard Garcia


      Chapter 7

      Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Ch. 7 Trustee, v. Garcia et al


      #4.00


      Hearing RE: Motion For Default Judgment Against Angie M. Garcia And Christina Garcia, Individually And As Co-Trustees Of The Angie M. Garcia Trust, Dated October 1, 2014, Pursuant To Federal Rule Of Civil Procedure 55, As Incorporated By Federal Rule Of Bankruptcy Procedure 7055-1

      (Moton filed 2/3/2020)


      Docket 36


      Tentative Ruling:

      Tentative for 3/4/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      John Richard Garcia Represented By Raymond J Bulaon

      Defendant(s):

      Angie M Garcia Pro Se

      Christina Garcia Pro Se

      Angie M. Garcia and Christina Pro Se

      Plaintiff(s):

      Weneta M.A. Kosmala, solely in her Represented By

      Reem J Bello

      11:00 AM

      CONT...


      Trustee(s):


      John Richard Garcia


      Ryan W Beall


      Chapter 7

      Weneta M Kosmala (TR) Represented By Reem J Bello

      11:00 AM

      8:18-13145


      James L Conkey


      Chapter 7

      Adv#: 8:18-01212 Saab et al v. Conkey


      #5.00


      Hearing RE: Motion For Summary Judgment Or, In The Alternative, Partial Summary Adjudication

      (Motion filed 1/22/20)


      Docket 59


      Tentative Ruling:

      Tentative for 3/4/20 is to grant in part and deny in part:


      On December 12, 2016, Plaintiffs initiated a case against Defendant in the Superior Court of California, Court of San Diego ("State Court"), alleging multiple causes of action: 1) legal malpractice/professional negligence, 2) breach of contract, 3) fraud, 4) negligent misrepresentation, and 5) breach of fiduciary duty ("State Action"). After a four-day jury trial, a verdict was returned in Plaintiff’s favor for all causes of action except: intentional misrepresentation and concealment ("fraud claims"). Specifically, the jury found that Defendant did not "make a false representation" or "intentionally fail to disclose a fact that Plaintiff did not know and could not reasonably have discovered." A judgment was entered on June 21, 2018 ("State Judgment").

      On August 24, 2018, Defendant filed a voluntary Chapter 7 petition. This Court granted relief from the automatic stay to allow the period within which to appeal the State Judgment to expire [Dk. 33]. Now appeal was taken and the State Judgment is now final.


      Plaintiff filed the present adversary on December 3, 2018. Plaintiff’s second amended complaint alleges the following causes of action: §§ 523(a)(2)(A), 523(a)(4), 523(a)(6), and 727(a)(2)(A). Defendant now seeks summary judgment on all causes of action. Summary judgment is appropriate when facts are not in dispute and all the Court has to do is apply the law to the undisputed fact. FRCP 56(a).


      In light of the jury’s findings in the State Action fraud claims, it is appropriate to GRANT Defendant’s motion for summary judgment as to §§ 523(a)(2)(A)

      11:00 AM

      CONT...


      James L Conkey


      Chapter 7

      and 523(a)(6), because the same underlying factual allegations are at issue in the two proceedings.


      Under the doctrine of issue preclusion, the Court may not allow further litigation of an issue that: (1) is identical to that which was decided in a prior proceeding; (2) was actually litigated in the prior proceeding; (3) was necessarily decided in the prior proceeding; (4) is subject to a final judgment on the merits; and (5) is brought against the same party to the prior proceeding. In re Harmon, 250 F.3d at 1245 (9th Cir. 2001). The failure to raise some factual matters and/or legal arguments related to an issue litigated in the prior proceeding does not preclude the application of issue preclusion. Murphy v. Murphy, 164 Cal. App. 4th 376, 78 Cal. Rptr. 3d 784 (2008).


      The Court can consider several factors in determining the scope of the issue foreclosed by a prior judgment: "Is there a substantial overlap between the evidence or argument to be advanced in the second proceeding and that advanced in the first? Does the new evidence or argument involve application of the same rule of law as that involved in the prior proceeding? Could pretrial preparation and discovery relating to the matter presented in the first action reasonably be expected to have embraced the matter sought to be presented in the second? How closely related are the claims involved in the two proceedings?" Burdette v. Carrier Corp., 158 Cal. App. 4th 1668, 1689, 71

      Cal. Rptr. 3d 185, 201 (2008).


      Additionally, the Court must consider underlying public policy considerations in applying issue preclusion, including the preservation of the integrity of the judicial system, promotion of judicial economy, and the protection of litigants from harassment by vexatious litigation. Lucido v. Superior Court, 51 Cal. 3d at 342–43 (1990). As a result of the foregoing, and after reviewing the entire docket in this case, this Court will not allow parties to relitigate in the instant case whether Debtor’s alleged conduct amounts to fraud. Accordingly, there is no triable issue of material fact, so summary judgment must be granted.


      Conversely, it is appropriate to DENY without prejudice Defendant’s motion for summary judgment as to §§ 523(a)(4) and 727(a)(2)(A), as triable issues of fact remain to be litigated in both causes of action.

      11:00 AM

      CONT...


      James L Conkey


      Chapter 7

      While Defendant is entitled to use the preclusive effect of the State Judgment to preclude relitigating fraud in the context of a § 523(a)(4) cause of action, "defalcation" includes an "intentional wrong," as well as "reckless conduct of the kind that the criminal law often treats as the equivalent." Bullock v.

      BankChampaign, N.A., 133 S. Ct. 1754, 1759-60 (2013). Thus, the State Judgment does not preclude further litigation on the basis of defalcation. Defendant’s own evidence offers a conflicting explanation for the allegations pleading defalcation contained in the complaint. This, in and of itself, demonstrates that a triable issue of material fact exists. Further, the contradicting language at Sections 4 and 6 of the Litigation Retainer Agreement create a triable issue as to the existence of a trust.


      With regard to the § 727(a)(2)(A) cause of action, Defendant fails to raise substantive arguments or provide evidence to show that there is no genuine issue of material fact as to materiality and intent. Defendant argues that the technical failure to plead "materiality" and "intent" are fatal to the claim; however, these arguments were previously raised in Defendant’s motion to dismiss and denied by order entered 10/1/19 [Dk. 47]. Defendant did not seek reconsideration of this order, or seek approval for an interlocutory appeal.

      Moreover, these arguments address the sufficiency of the pleading, which is tested on a motion to dismiss, Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 633 (1999), as opposed to sufficiency of the evidence supporting the cause of action, which is tested by motion for summary judgment. Anderson

      v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). With respect to the sufficiency of the evidence, Defendant has not demonstrated that no triable issue of fact exists. Further, and notwithstanding the foregoing, Plaintiff has requested denial of the motion, pursuant to FRCP Rule 56(d) and LBR

      7056-1(c)(4) ("Rules"), to facilitate Plaintiff’s engagement in further discovery. FRCP 56(d) allows the Court to deny a motion for summary judgement where a nonmovant shows that it cannot present facts essential to justify its opposition. Despite Plaintiff’s failure to comply with the justification requirements imposed under the Rules, the scope of the discovery to be completed is likely to inform the resolution of fact-specific disputes as it relates to the § 727(a)(2)(A) cause of action. Further, the Court notes that the 6/15/20 discovery cut-off, set by order entered 12/20/19 [Dk. 56], has not passed.


      Appearances are required.

      11:00 AM

      CONT...


      Debtor(s):


      James L Conkey


      Party Information


      Chapter 7

      James L Conkey Represented By Laleh Ensafi

      Defendant(s):

      James L Conkey Represented By Donald W Reid

      Plaintiff(s):

      Camil Saab Represented By

      Douglas Jaffe

      Helou Saab, Inc. Represented By Douglas Jaffe

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      11:00 AM

      8:19-13184


      Guillermo Ceja


      Chapter 7

      Adv#: 8:19-01224 Merchants Acquisition Group LLC v. Ceja


      #6.00


      Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1

      [RE: Guillermo Ceja aka Guillermo Ceja Gonzalez]


      Docket 18


      Tentative Ruling:

      Tentative for 3/4/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Guillermo Ceja Represented By Lorrie A Walton

      Defendant(s):

      Guillermo Ceja Pro Se

      Plaintiff(s):

      Merchants Acquisition Group LLC Represented By

      Richard W Snyder

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:19-13184


      Guillermo Ceja


      Chapter 7

      Adv#: 8:19-01224 Merchants Acquisition Group LLC v. Ceja


      #7.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

      [11 U.S.C. Section 523(a)(2)(B)]

      (Complaint filed 11/24/19)


      FR: advanced from 2-12-20; 1-29-20


      Docket 1


      Tentative Ruling:

      Tentative for 3/4/20:


      In light of the Court's tentative on related matter #6, this status conference will be taken off calendar.


      Appearances are excused.


      ************************************************************************************* Tentative for 1/29/20:

      This matter is CONTINUED to March 4, 2020, at 11:00 a.m. to coincide with the hearing on Plaintiff's motion for default judgment. A status report is not required for the continued hearing unless Plaintiff is contacted by Defendant or something otherwise changes.


      The Court notes that Plaintiff filed its motion for default judgment on 1/22/20 [Dk. 18] and noticed it for hearing on 2/26/20, which is not a date available on this Court's self-calendar. As instructed by the Court's NEF notice [Dk. 22], Plaintiff is required to re-notice its motion for default judgment for March 4, 2020 at 11:00 a.m.


      Appearances for the 1/29/20 hearing are excused.

      11:00 AM

      CONT...


      Debtor(s):


      Guillermo Ceja


      Party Information


      Chapter 7

      Guillermo Ceja Represented By Lorrie A Walton

      Defendant(s):

      Guillermo Ceja Pro Se

      Plaintiff(s):

      Merchants Acquisition Group LLC Represented By

      Richard W Snyder

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:18-13588


      Tim M McKenna


      Chapter 7


      #1.00


      Motion for relief from stay [Real Property]


      The Summit Estates Homeowners Association vs. DEBTOR (Motion filed 2/3/2020)


      [RE: 1059 S. Summer Breeze Lane, Anaheim, California 92808]


      Docket 179


      Tentative Ruling:

      Tentative for 3/5/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver and annulment as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Tim M McKenna Represented By Michael G Spector

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

      10:00 AM

      8:19-14747


      Gale Robert Summerhays and Kelly Margaret Queale


      Chapter 7


      #2.00


      Motion for relief from stay [Personal Property]


      Americredit Financial Services, Inc. dba GM FInancial vs. DEBTORS (Motion filed 2/4/2020)


      [RE: 2017 Kia Forte, VIN No.: 3KPFK4A74HE040057]


      Docket 21


      Tentative Ruling:

      Tentative for 3/5/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Gale Robert Summerhays Represented By Timothy McFarlin

      Joint Debtor(s):

      Kelly Margaret Queale Summerhays Represented By

      Timothy McFarlin

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11

      Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC


      #3.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:

      1. To Disallow Proof Of Claim;

      2. To Avoid Incurrence Of Debt;

      3. For Contractual Indemnity; And

      4. Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)


      FR: 4-4-19; 9-19-19; 12-19-19


      Docket 1

      *** VACATED *** REASON: CONTINUED TO MAY 28, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION REGARDING FURTHER CONTINUANCE ENTERED 2-26-20 - (DOCKET NO. [42])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      Defendant(s):

      Luxury Asset Lending, LLC Pro Se

      David Moore Pro Se

      Jackman Industries, Inc. Pro Se

      Plaintiff(s):

      Luxury Asset Purchasing Represented By Kyra E Andrassy

      11:00 AM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #4.00


      CONT'D Hearing RE: Objection To Claims:

      (Motion filed 10/30/19)


      Claim No. 5 Duncan E. Prince and $824,710.93 ERM Insurance Brokers, Inc.


      FR: 12-12-19


      Docket 107

      *** VACATED *** REASON: OFF CALENDAR - ORDER AND MEMORANDUM DECISION SUSTAINING DEBTOR'S OBJECIOTN TO CLAIM #5 ENTERED 3-4-2020 - (DOCKET NO. [204])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #5.00


      Hearing RE: Debtor's Motion For Disallowing Claim: (Motion filed 2/4/2020)


      Claim Number: 4-1 Clark Hill Strasburger $25,200.96


      Docket 72

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF DEBTOR'S NOTICE AND NOTICE OF MOTION FILED 3-2-2020 - (DOCKET NO. [145])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #6.00


      Hearing RE: Debtor's Motion For Disallowing Claim:

      (Motion filed 2/4/2020)


      Claim Number: 3-1 American Express National Bank $86,083.51


      Docket 73

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF DEBTOR'S MOTION FILED 2-13-2020 - (DOCKET NO. [92])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #7.00


      Hearing RE: Debtor's Motion For Disallowing Claim:

      (Motion filed 2/4/2020)


      Claim Number: 49 Seaport Global Securities LLC/ $110,000.00

      Global Hunter Securities LLC


      Docket 74

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF DEBTOR'S MOTION FILED 2-24-2020 - (DOCKET NO. [98])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #8.00


      Hearing RE: Debtor's Motion For Disallowing Claim:

      (Motion filed 2/4/2020)


      Claim Number: 40-1 American Surveying & Mapping, Inc. $51,618.75


      Docket 75

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF DEBTOR'S NOTICE OF MOTION AND MOTION FILED 3-2-2020 - (DOCKET NO. [144]

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #9.00


      Hearing RE: Debtor's Motion For Disallowing Claim:

      (Motion filed 2/4/2020)


      Claim Number: 48-1 Lorelei Mooney, $111,000.00

      Herbert and Helen Schweiger Trust, a Trust

      ARI-DFW East & West 9, L.P., a Delaware Limited Partnership

      Gary Lamm, James Mieul


      Docket 76

      *** VACATED *** REASON: CONTINUED TO APRIL 9, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 2-20-2020 - (DOCKET NO. [96])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:20-10754


      Gary Song Jiunn Mor


      Chapter 11


      #10.00


      Hearing RE: Emergency Motion For Interim Order Authorizing Debtor In Possession To Use Cash Collateral Under 11 U.S.C. Section 363(e) (Motion filed 3/2/2020)


      Docket 10


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Gary Song Jiunn Mor Represented By Andy C Warshaw

      10:00 AM

      6:19-21093


      J.D. Logistics, Inc.


      Chapter 7


      #1.00


      Solomon, Grindle, Lidstad & Wintringer, APC - movant attorney Motion for Relief from Stay

      Sumitomo Mitsui Finance and Leasing Co., Limited vs. DEBTOR; CH 7 TRUSTEE, LARRY D. SIMONS

      (Motion filed 2/6/20)


      RE: Five (5) 2018 Great Dane Reefer Trailers EH        

      (Tele. appr. Raffi Khatchadourian, rep. creditor, BMO Harris Bank) (Tele. appr. Richard Solomon, rep. creditor, Sumi Domo)

      Docket 23


      Tentative Ruling:

      Tentative for 3/10/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver. The request for extraordinary relief (¶8) is denied as Movant has not submitted any evidence demonstrating that such relief is warranted.


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      J.D. Logistics, Inc. Represented By

      Bryant C MacDonald

      10:00 AM

      CONT...

      Trustee(s):


      J.D. Logistics, Inc.


      Chapter 7

      Larry D Simons (TR) Pro Se

      10:00 AM

      6:19-21093


      J.D. Logistics, Inc.


      Chapter 7


      #2.00


      Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay

      BMO Harris Bank N.A. vs. DEBTOR (Motion filed 2/3/20)


      Re: One 2018 Kenworth W900-Series W900L 130 BBC CONV CAB TRACTOR

      6x4 and One 2018 Great Dane Refrigerated Van 53' with 2017 Thermo King S-600 refrigeration unit, VIN: 1XKWD49X6JJ203142 and 1GRAA0624JW124643


      EH            


      (Tele. appr. Raffi Khatchadourian, rep. creditor, BMO Harris Bank) (Tele. appr. Richard Solomon, rep. creditor, Sumi Domo)

      Docket 19

      *** VACATED *** REASON: Order Granting Motion for Relief from Stay entered on 2/19/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      J.D. Logistics, Inc. Represented By

      Bryant C MacDonald

      Trustee(s):

      Larry D Simons (TR) Pro Se

      10:00 AM

      6:20-10046


      Jerome Fredrick Roehm and Shay Roehm


      Chapter 7


      #3.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      TD Auto Finance LLC vs. DEBTORS, Howard B. Grobstein, trustee (Motion filed 2/4/20)


      Re: 2015 Chrysler Town & Country, VIN: 2C4RC1BG7FR661991 EH            

      (Tele. appr. Sheryl Ith, rep. creditor, TD Auto Finance)


      Docket 12


      Tentative Ruling:

      Tentative for 3/10/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Jerome Fredrick Roehm Represented By Julie J Villalobos

      Joint Debtor(s):

      Shay Roehm Represented By

      Julie J Villalobos

      10:00 AM

      CONT...

      Trustee(s):


      Jerome Fredrick Roehm and Shay Roehm


      Chapter 7

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-10078


      Ariel R. Nunez and Hope V. Nunez


      Chapter 7


      #4.00


      Law Offices of Glen Dresser - movant attorney Motion for Relief from Stay

      Fitzgerald Industrial Park, LP vs. DEBTOR (Motion filed 2/14/20)


      Re: 1260 N. Fitzgerald, No. 210, Rialto, CA 92376 EH            

      Docket 11


      Tentative Ruling:

      Tentative for 3/10/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver and annulment as requested.


      Movant has provided evidence that its action in obtaining a writ of possession after Debtors' bankruptcy case was filed was taken without knowledge of the automatic stay, as Debtors did not advise Movant of the bankruptcy filing.

      Further, Debtors have not provided any evidence that annulment is not warranted. Pursuant to 11 U.S.C. § 362(g), debtor bears the burden of proof on this issue. See also Souang v. Fularon, 2011 Bankr. LEXIS 4335 (9th Cir. BAP 2011) ("[T]he debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.").


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Ariel R. Nunez and Hope V. Nunez


      Chapter 7

      Ariel R. Nunez Represented By Christopher J Langley

      Joint Debtor(s):

      Hope V. Nunez Represented By Christopher J Langley

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:20-10270


      Enas K Mosaad


      Chapter 7


      #5.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Americredit Financial Services, Inc. vs. DEBTOR, Howard B. Grobstein, trustee (Motion filed 2/12/20)


      Re: 2019 Chevrolet Camaro, VIN: 1G1FB1RX9K0142787 EH            

      (Tele. appr. Sheryl Ith, rep. creditor, GM Financial)


      Docket 10


      Tentative Ruling:

      Tentative for 3/10/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Enas K Mosaad Represented By Todd L Turoci

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-10377


      Jesus Tinoco and Eva M Gonzalez


      Chapter 7


      #6.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Ford Motor Credit Company LLC vs. DEBTORS; STEVEN SPEIER, TRUSTEE (Motion filed 1/28/20)


      RE: 2015 Ford Flex, VIN: 2FMGK5B82FBA11321


      EH             


      (Tele. appr. Sheryl Ith, rep. Ford Motor Credit Company LLC)


      Docket 8


      Tentative Ruling:

      Tentative for 3/10/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Jesus Tinoco Represented By

      Giovanna M Gallo

      Joint Debtor(s):

      Eva M Gonzalez Represented By Giovanna M Gallo

      10:00 AM

      CONT...

      Trustee(s):


      Jesus Tinoco and Eva M Gonzalez


      Chapter 7

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-10480


      Mary Karen Chastain


      Chapter 7


      #7.00


      Ghidotti Berger - movant attorney Motion for Relief from Stay

      U.S. Bank Trust National Association vs. DEBTOR (Motion filed 2/10/20)


      Re: 9026 Torrance Avenue, Hesperia, CA 92344


      (Tele. appr. Adam Thursby, rep. movant, US Bank)


      Docket 12


      Tentative Ruling:

      Tentative for 3/10/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(4) with 4001(a)(3) waiver.


      "To obtain relief under §362(d)(4), the court must find three elements to be present. First, debtor’s bankruptcy filing must have been part of a scheme. Second, the object of the scheme must be to delay, hinder, or defraud creditors. Third, the scheme must involve either (a) the transfer of some interest in the real property without the secured creditor’s consent or court approval, or (b) multiple bankruptcy filings affecting the property. For the court to grant relief under §362(d)(4), and thus trigger two years of prospective relief as to the subject real property, it must affirmatively find that the three elements above are present." In re First Yorkshire Holdings, Inc., 470 B.R. 864, 870-71 (B.A.P. 9th Cir. 2012). Here, Movant has submitted evidence that, given the timing, the bankruptcy was part of a scheme to delay, hinder or defraud creditors and it involved the transfer of an interest in real property without Movant's consent.


      The Court finds this matter appropriate for disposition without a hearing, and

      10:00 AM

      CONT...


      Mary Karen Chastain


      Chapter 7

      so the 3/10/20 hearing will not be held.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Mary Karen Chastain Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-10917


      Raymundo Charco Pineda and Santa Melissa Rodriguez


      Chapter 7


      #8.00


      Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay

      Honda Lease Trust vs. DEBTORS, Arturo Cisneros, chapter 7 trustee (Motion filed 2/17/20)


      Re: 2017 Acura RDX, VIN: 5J8T B3H3 0HL0 17948


      EH            


      Docket 9

      *** VACATED *** REASON: Re-notice for 3/31/20 @ 10:00 a.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Raymundo Charco Pineda Represented By Melissa A Raskey

      Joint Debtor(s):

      Santa Melissa Rodriguez Carmona Represented By

      Melissa A Raskey

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:20-10843


      Trinay Brown


      Chapter 7


      #8.10


      Law Offices of William E. Windham - movant attorney Motion for Relief from Stay

      Aiping Yu vs. DEBTOR (Motion filed 2/19/20)


      Re: 26148 Cypress St, Highland, CA 92346 EH            

      Docket 10


      Tentative Ruling:

      Tentative for 3/10/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Trinay Brown Represented By

      M. Wayne Tucker

      Trustee(s):

      Larry D Simons (TR) Pro Se

      10:00 AM

      6:20-10088


      Kenneth Gregory Rice


      Chapter 7


      #8.20


      Leader-Picone & Young, LLP - movant attorney Motion for Relief from Stay

      OE Federal Credit Union vs. DEBTORS (Motion filed 2/21/20)


      Re: 4170 Needles Highway, Space 28, Needles, CA 92363 EH            

      Docket 15


      Tentative Ruling:

      Tentative for 3/10/20 is to CONTINUE to April 14, 2020 at 10:00 a.m., to allow Movant to provide proper notice.


      The motion was filed on 2/21/20, served on Debtor by mail, and set for hearing on 3/10/20. LBR 9013-1(d) specifies that notice must be filed and served not later than 21 days before the hearing date, and FRBP 9006(f) requires that an additional 3 days be provided for motions served by mail.


      The 3/10/20 hearing will not be held.

      Party Information

      Debtor(s):

      Kenneth Gregory Rice Represented By Todd L Turoci

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      11:00 AM

      6:18-13329


      Heinrich Sonksen


      Chapter 7


      #9.00


      Hrg. on trustee's final report and applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 3/10/20 is to APPROVE as requested.


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Heinrich Sonksen Represented By

      W. Derek May

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      11:00 AM

      6:18-20671


      Brenda Mendoza


      Chapter 7


      #10.00


      Hrg. on trustee's final report; applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 3/10/20 is to APPROVE as requested.


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Brenda Mendoza Represented By James G. Beirne

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:19-19497


      James House and Adria House


      Chapter 7


      #11.00


      Hrg. on U.S. Trustee's Motion filed 2/3/20 for extension of time to file a complaint objecting to discharge United States Trustee's Notice of Motion and Motion to Extend Dismissal and Discharge Deadlines Pursuant to 11 U.S.C. sections 707 and 727 and Federal Rules of Bankruptcy Procedure 1017 and 4004


      EH            


      Docket 15

      *** VACATED *** REASON: Order granting stipulation to continue dismissal and discharge dates signed on 3/9/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      James House Represented By

      Todd L Turoci

      Joint Debtor(s):

      Adria House Represented By

      Todd L Turoci

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      11:00 AM

      6:19-20791


      Juan Gabriel Alvarez Leriget


      Chapter 7


      #12.00


      Hrg. on chapter 7 trustee's motion filed 2/11/20 objecting to Debtor's Exemptions EH          

      Docket 0


      Tentative Ruling:

      Tentative for 3/10/20 is to OVERRULE:


      The Court has received and reviewed Trustee's Objection to Debtor's Claim of Exemptions filed 2/11/20 [Dk. 17] and Debtor's Opposition dated 2/25/20 [Dk. 20].


      The Court notes that Debtor’s Amended Schedule C, filed 2/10/20 [Dk. 16], does not list an exemption for tax refunds. In light of the foregoing, the objection to Debtor's exemption for tax refunds is OVERRULED.


      Further, while Trustee includes an objection to Debtor's Honda exemption in its prayer for relief, Trustee does not state the grounds for the objection or provide evidence in support of its objection. Therefore, the objection to Debtor's Honda exemption is OVERRULED.


      The Court finds this matter appropriate for disposition without a hearing, and so the 3/10/20 hearing will not be held.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Juan Gabriel Alvarez Leriget Represented By Patricia A Mireles

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      CONT...


      Juan Gabriel Alvarez Leriget


      Chapter 7

      1:30 PM

      6:15-12078


      Orange County Nursery, Inc.


      Chapter 11


      #13.00


      Hrg. on Emergency ex parte application to hold dissolution of Orange County Nursery, Inc. in abeyance


      EH            


      Docket 0


      Tentative Ruling:

      Tentative for 3/10/20:


      Appearances are required.


      Debtor(s):


      Party Information

      Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

      Arthur Gutierrez Longoria Tamar Terzian

      1:30 PM

      6:15-12078


      Orange County Nursery, Inc.


      Chapter 11


      #13.10


      Hrg. on Creditor, The Minority Voting Trust Objection to claim of Esther Veyna EH            

      (Cont. from 3/4/20)


      Docket 0


      Tentative Ruling:

      Tentative for 3/10/20:


      The Parties should come prepared to explain to the Court why Claimant was paid $130,000.00 toward her Class 6 claim before Clamaint's Class 5 claim was paid in full.


      Appearances are required.


      Debtor(s):


      Party Information

      Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

      Arthur Gutierrez Longoria Tamar Terzian

      1:30 PM

      6:15-12078


      Orange County Nursery, Inc.


      Chapter 11


      #13.20


      Hrg. on Chapter 11 Status Conference (Cont. from 3/4/20)

      EH            


      Docket 0


      Tentative Ruling:

      Tentative for 3/10/20:


      Appearances are required. The Court is inclined to set a CONTINUED status conference date of September 22, 2020 at 1:30 p.m., with a status report due 14 days in advance.


      *************************************************************************************** Tentative for 12/17/19:

      Appearances required.


      **************************************************************************** Tentative for 8/13/19:


      This matter is CONTINUED to December 17, 2019 at 1:30 p.m. A status report is due 14 days in advance.


      Appearances are excused.


      *************************************************************************** Tentative for 4/30/19:

      1:30 PM

      CONT...


      Orange County Nursery, Inc.


      Chapter 11


      The Court has received and reviewed the Status Reports filed by Debtor [Dk. 1109] and Minority Voting Trust [Dk. 1110] on April 16, 2019. This matter is CONTINUED to August 13, 2019 at 1:30 p.m. A status report is due 14 days in advance.


      Appearances are excused.


      Debtor(s):


      Party Information

      Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

      Arthur Gutierrez Longoria Tamar Terzian

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #14.00


      Hrg. on Chapter 11 Disclosure Statement (Cont. from 3/3/20)

      (Tele. appr. Amy Lawrence, rep Defendant O'Linn Security, Inc.)


      Docket 0


      Tentative Ruling:

      Tentative for 3/10/20 is to CONTINUE this hearing to 5/12/20 at 1:30 p.m., to allow Debtor to file an amended Disclosure Statement addressing the points identified in the Oppositions filed by the United States Trustee and Official Committee of Unsecured Creditors. The Court notes that it is appropriate for Debtor to identify and clarify the issues raised in the Oppositions, including those regarding the confirmability of the proposed plan, in Debtor's Amended Disclosure Statement. Debtor should file its Amended Disclosure Statement no later than 4/1/20. Any oppositions must be filed no later than 4/28/20, with a reply due on or before 5/5/20.


      Additionally, the Court will set a continued status conference on 5/12/20 at 1:30 p.m., concurrent with the continued hearing on Debtor's amended Disclosure Statement. A status report is due 14 days in advance.


      Appearances for the 3/10 hearing are excused.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #15.00


      Hrg. on Creditors' Motion filed 2/14/20 to Allow Class Proof of General Unsecured and Priority Claims or, in the Alternative, to Extend the Bar Date for Claims Held by Debtor's Current and Former Employees


      EH            


      (Tele. appr. Amy Lawrence, rep Defendant O'Linn Security, Inc.)


      Docket 156


      Tentative Ruling:

      Tentative for 3/10/20:

      The Debtor's proposed plan of reorganization, filed 1/15/20 [Dk. 138], provides for treatment of an allowed class proof of claim in the amount of

      $270,000.00. Thus, the Debtor has provided for treatment of class members in the event that the putative class is certified and thereafter prevails in their pending state court class action proceeding.


      Relief from the automatic stay was granted on 12/3/19 [Dk. 107] for the purpose of determining class certification and, if certified, liability of the Debtor. The eventual liability amount of the Debtor to the class members will be determined in the State Court proceeding, and it will not matter to this Debtor whether the liability exceeds $270,000.00. For instance, if the liability is determined in an amount under $270,000.00, the residual reserve should revert to the Debtor under the plan. Since the plan has provided for the treatment of the class proof of claim, this Court believes that a class action proof of claim should be allowed in an amount to be determined by final order of judgment by the State Court.


      Appearances are required.

      Party Information

      1:30 PM

      CONT...

      Debtor(s):


      O'Linn Security Incorporated


      Chapter 11

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-20116


      Nakamoto Bullies, Inc.


      Chapter 11


      #16.00


      Law Offices of Russel T. Little - movant attorney Motion for Relief from Stay

      Marsha Starr, Trustee of the Marsha Starr Trust Dated 5/21/07 and Philip Star vs. DEBTOR

      (Motion filed 2/17/20)


      Re: 43330 Longhorn Road, Banning, CA 92220 EH            

      (Tele. appr. Russell Little, rep. moving party Marsha Starr and Philip Starr)


      Docket 29


      Tentative Ruling:

      Tentative for 3/10/20:


      Noting the significant equity cushion (in excess of 75%), and Debtor's evidence showing that it is post-petition current, the Court's tentative is to DENY the motion for relief under §§ 362(d)(1) and (d)(3).


      Appearances are required.


      Debtor(s):


      Party Information

      Nakamoto Bullies, Inc. Represented By Kevin Tang

      1:30 PM

      6:16-13798


      DESERT RANCH LLLP


      Chapter 7

      Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC


      #5.00


      PRETRIAL CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)(3) and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3. Breach of Fiduciary Duty; and 4. Declaratory Relief


      EH            


      (Advanced from 3/18/20 calendar)


      Docket 1

      *** VACATED *** REASON: Cont. to 6/10/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw

      Defendant(s):

      395 Lampe, LLC Pro Se

      Plaintiff(s):

      Helen R Frazer Represented By Laurel R Zaeske

      Trustee(s):

      Helen R. Frazer (TR) Represented By Laurel R Zaeske

      1:30 PM

      6:18-16626


      Judy Zhuang


      Chapter 7

      Adv#: 6:18-01217 Liao v. Zhuang


      #6.00


      PRE-TRIAL CONFERENCE re Complaint to determine non-dischargeability of debt; (1) False Pretenses, False Representations, or Actual Fraud; (2) Willful and Malicious Injury and (3) Non-Dischargeability of Debt


      EH         


      (Advanced from 3/18/20 calendar)


      Docket 1


      Tentative Ruling:

      Tentative for 3/11/20 is to convert this matter to a status conference, and CONTINUE to April 1, 2020 at 1:30 p.m., concurrent with the hearing on Defendant's Motion to Dismiss for Lack of Prosecution [Dk. 87].


      In light of Defendant’s motion to dismiss, the Court will not issue a separate Order to Show Cause why this case should not be dismissed. However, Plaintiff is advised to respond to the motion to dismiss, follow all applicable rules and procedures, including LBR 7016-1(a), and appear at the 4/1 hearing, or risk future monetary sanctions and/or dismissal of this action by the Court.


      Appearances for the 3/11 hearing are excused.


      Party Information

      Debtor(s):

      Judy Zhuang Represented By

      Todd L Turoci

      Defendant(s):

      Judy Zhuang Pro Se

      1:30 PM

      CONT...


      Judy Zhuang


      Chapter 7

      Plaintiff(s):

      Chih Ling Liao Represented By Sam X J Wu

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:19-17280


      Adrianna Alexis Jacsen


      Chapter 7

      Adv#: 6:19-01164 Cho v. Jacsen


      #7.00


      Hrg. on Order to Show Cause why Defendant's Response should not be stricken for Defendant's failure to appear and comply with local bankruptcy rules


      EH            


      (Cont. from 2/19/20)


      Docket 0


      Tentative Ruling:

      Tentative for 3/11/20:


      Appearances are required.


      Debtor(s):


      Party Information

      Adrianna Alexis Jacsen Pro Se

      Defendant(s):

      Adrianna Alexis Jacsen Pro Se

      Plaintiff(s):

      Andrew Cho Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-17280


      Adrianna Alexis Jacsen


      Chapter 7

      Adv#: 6:19-01164 Cho v. Jacsen


      #8.00


      STATUS CONFERENCE re Complaint filed by Andrew Cho against Adrianna Alexis Jacsen to determine nondischargeability of debt


      (Cont. from 1/29/20)


      Docket 1


      Tentative Ruling:

      Tentative for 3/11/20:


      The Court notes that, as of the date of the posting of this tentative, a status report, either unilateral or joint, as required by LBR 7016-1(a)(2) & (3), has not been filed. The Court warned the parties previously, by way of its tentative for the 1/29/20 hearing (see below), that failure to follow all local and federal rules may result in the imposition of monetary and/or non-monetary sanctions.


      Appearances are required.


      ************************************************************************************* Tentative for 1/29/20:

      Appearances are required. The Court is inclined to set the following dates/deadlines:


      1. Discovery cutoff: April 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


      2. Motion cutoff: May 28, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


      3. Pretrial conference: June 10, 2020 at 1:30 p.m.

      1:30 PM

      CONT...


      Adrianna Alexis Jacsen


      Chapter 7

      The parties are specifically advised to cooperate, and review and follow all local and federal rules, which may be located free of charge on the Court's website. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.

      Party Information

      Debtor(s):

      Adrianna Alexis Jacsen Pro Se

      Defendant(s):

      Adrianna Alexis Jacsen Pro Se

      Plaintiff(s):

      Andrew Cho Represented By

      Andrew S Cho

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-18362


      Yvonne I Fen Chang


      Chapter 7

      Adv#: 6:19-01173 Cathay Bank v. Chang


      #9.00


      STATUS CONFERENCE re: Complaint by Cathay Bank against Yvonne I Fen Chang - §523(a)(2), 523(a)(4) and 523(a)(6)


      EH            


      Docket 1


      Tentative Ruling:

      Tentative for 3/11/20:


      Plaintiff is to file a motion for default judgment by no later than March 31, 2020.


      The status conference is CONTINUED to July 1, 2020 at 1:30 p.m. as a holding date. If the matter has not been resolved, a status report (whether unilateral or joint) is due 14 days before the continued status conference.


      Appearances are excused.


      Debtor(s):


      Party Information

      Yvonne I Fen Chang Represented By Sam X J Wu

      Defendant(s):

      Yvonne I Fen Chang Pro Se

      Plaintiff(s):

      Cathay Bank Represented By

      Gerrick Warrington

      1:30 PM

      CONT...

      Trustee(s):


      Yvonne I Fen Chang


      Chapter 7

      Karl T Anderson (TR) Pro Se

      1:30 PM

      6:19-18454


      Gregory Allen Paiva


      Chapter 7

      Adv#: 6:19-01176 Sekermestrovich v. Paiva


      #10.00


      Hrg. on Defendant's Motion filed 1/27/20 to dismiss Plaintiff's Adversary Complaint for failure to state a claim upon which relief can be granted


      EH             


      Docket 4


      Tentative Ruling:

      Tentative for 3/11/20:


      The Court is inclined to DENY the Motion to Dismiss:


      To survive a motion to dismiss, a Complaint must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v.

      Twombly, 550 U.S. 544, 570 (2007). When pleading fraud, the plaintiff must state "with particularity the circumstances constituting fraud or mistake." Fed.

      R. Civ. P. 9(b). To satisfy Rule 9(b), a complaint should plead the who, what, where, when, why and how. Shroyer v. New Cigular Wireless Services, 622 F. 3d 1035m 1042 (9th Cir. 2010); Cooper v. Pickett, 137 F.3d 616, 627 (9th Cir. 1995). Defendant has failed to meet its burden to prove that the facts alleged in the Plaintiff’s complaint lacks particularity as to all causes of action, so Defendant’s motion is DENIED.


      Further, Defendant’s motion incorrectly states the law with regard to settlement agreements. A settlement releasing underlying fraud claims but that has not been fully consummated can still amount to a debt for money obtained by fraud within the scope of a non-dischargeability action. Archer v. Warner, 538 U.S. 314, 123 S. Ct. 1462, 155 L. Ed. 2d 454 (2003). Defendant

      is cautioned that citing overturned law is misleading and could be a sanctionable offense.


      Appearances are required.

      Party Information

      1:30 PM

      CONT...

      Debtor(s):


      Gregory Allen Paiva


      Chapter 7

      Gregory Allen Paiva Represented By Christian J Albut

      Defendant(s):

      Gregory Allen Paiva Represented By Christian J Albut

      Plaintiff(s):

      Dennis Sekermestrovich Represented By John A Boyd

      Trustee(s):

      Larry D Simons (TR) Pro Se

      1:30 PM

      6:19-18454


      Gregory Allen Paiva


      Chapter 7

      Adv#: 6:19-01176 Sekermestrovich v. Paiva


      #11.00


      STATUS CONFERENCE re: Complaint by Dennis Sekermestrovich against Gregory Allen Paiva - §§523(a)(2), 523(a)(6)


      EH            


      Docket 1


      Tentative Ruling:

      Tentative for 3/11/20:


      Appearances are required. The Court is inclined to set the following dates/deadlines:


      1. Discovery cutoff: July 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


      2. Motion cutoff: August 27, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


      3. Pretrial conference: September 30, 2020 at 1:30 p.m.


      The parties are specifically advised to cooperate, and review and follow all local and federal rules, which may be located free of charge on the Court's website. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.


      Party Information

      Debtor(s):

      Gregory Allen Paiva Represented By

      1:30 PM

      CONT...


      Gregory Allen Paiva


      Christian J Albut


      Chapter 7

      Defendant(s):

      Gregory Allen Paiva Pro Se

      Plaintiff(s):

      Dennis Sekermestrovich Represented By John A Boyd

      Trustee(s):

      Larry D Simons (TR) Pro Se

      10:00 AM

      8:17-12887


      Dana Kim Shelton


      Chapter 7

      Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al


      #1.00


      CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint:

      1. To Determine The Validity, Priority, And Extent Of Liens;

      2. Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;

      3. To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And

      4. Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e

      [STATUS CONFERENCE AS TO PETER KOTE, BANK OF AMERICA; DANIEL KEITH LARSON, AND ERIN ELLEN LARSON]

      (Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)

      [Holding Date]


      FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19; 3-20-19;

      5-15-19; 8-14-19; 12-18-19; advanced from 3-18-20


      Docket 1


      Tentative Ruling:

      Tentative for 3/11/20:


      This matter is CONTINUED to July 15, 2020, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


      Appearances are excused


      *************************************************************************** Tentative for 12/18/19:


      This matter is CONTINUED to March 18, 2020, at 11:00 a.m. If all appeals

      10:00 AM

      CONT...


      Dana Kim Shelton


      Chapter 7

      have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


      Appearances are excused


      ************************************************************************** Tentative for 8/14/19:


      This matter is CONTINUED to December 18, 2019, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


      Appearances are excused.


      *************************************************************************** Tentative for 5/15/19:


      This matter is CONTINUED to August 14, 2019, at 10:00 a.m., as a holding date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.


      If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


      Appearances are excused.


      Debtor(s):


      Party Information

      Dana Kim Shelton Represented By Christopher P Walker

      Defendant(s):

      Daniel Keith Larson Pro Se

      Erin Ellen Larson Pro Se

      Peter Kote Pro Se

      10:00 AM

      CONT...


      Dana Kim Shelton


      Chapter 7

      BANK OF AMERICA, N.A Pro Se

      Plaintiff(s):

      Richard A. Marshack, Chapter 7 Represented By

      Misty A Perry Isaacson

      Trustee(s):

      Richard A Marshack (TR) Represented By

      Misty A Perry Isaacson

      10:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon


      #2.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

      1. Breach Of Fiduciary Duty

      2. Conversion

      3. Negligence

      4. Waste of Corporate Assets (Complaint filed 9/14/18)

        (PTC set at S/C held 12/19/18)


        FR: 12-5-18 AT 10:00 a.m.; 12-5-18; 12-19-18; 7-17-19; 9-18-19; 11-6-19;

        1-8-20


        Docket 1

        *** VACATED *** REASON: OFF CALENDAR - JUDGMENT ENTERED 2-21-2020 - (DOCKET NO. [50])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Luminance Recovery Center, LLC Represented By

        Jeffrey I Golden Beth Gaschen

        Defendant(s):

        Michael E Castanon Pro Se

        Plaintiff(s):

        Richard A Marshack, Ch 7 Trustee Represented By

        Marsha A Houston

        Trustee(s):

        Richard A Marshack (TR) Represented By

        10:00 AM

        CONT...


        Luminance Recovery Center, LLC


        D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen


        Chapter 7

        10:00 AM

        8:18-14425


        Wallace Raymond Steffen, Jr


        Chapter 11

        Adv#: 8:19-01107 Steffen v. Steffen, Jr.


        #3.00


        CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

        [11 U.S.C. Section 523(a)(4)]

        (Complaint filed 6/4/19)


        FR: 9-5-19; 9-12-19; 12-19-19


        Docket 1


        Tentative Ruling:

        Tentative for 3/11/20 is to CONTINUE this status conference to June 10 at 10:00 a.m. A status report, unilateral or joint, is due 14 days in advance of the continued hearing, and should provide information regarding the status of the State Court ruling.


        The Court notes that the joint status report filed on 3/6/20 was not timely filed. Future failure to comply with LBR 7016-1(a)(2) & (3) may result in the imposition of monetary and/or non-monetary sanctions, including the entry of judgment of dismissal or default.


        Appearances for the 3/11 hearing are excused.


        ********************************************************************* Tentative for 09/12/19:


        Having received and reviewed the latest Joint Status Report [Dk. 7], the Court notes that the report does not clearly provide the status of the State Probate Action. Therefore, appearances are required and the Parties should be prepared to provide a concise, oral status of the State Probate Action at the September 12, 2019 hearing. If continued, the Court is inclined to set the continued status conference for December 19, 2019 at 11:00 a.m.

        Party Information

        10:00 AM

        CONT...

        Debtor(s):


        Wallace Raymond Steffen, Jr


        Chapter 11

        Wallace Raymond Steffen Jr Represented By Anerio V Altman

        Defendant(s):

        Wallace Raymond Steffen Jr. Represented By Anerio V Altman

        Plaintiff(s):

        Linda Steffen Represented By Christopher J Langley

        10:00 AM

        8:19-10153


        Thomas Joseph Lynch, JR


        Chapter 7

        Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch


        #4.00


        Hearing RE: Motion For Summary Judgment (Motion filed 1/24/20)


        Docket 39

        *** VACATED *** REASON: OFF CALENDAR - ORDER VACATING HEARINGS AND DENYING MOTION ENTERED 3-6-2020 - (DOCKET NO. [43])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Thomas Joseph Lynch JR Pro Se

        Defendant(s):

        Thomas Joseph Lynch Jr. Pro Se

        Plaintiff(s):

        NuVision Federal Credit Union Represented By Alana B Anaya

        Trustee(s):

        Karen S Naylor (TR) Pro Se

        10:00 AM

        8:19-10153


        Thomas Joseph Lynch, JR


        Chapter 7

        Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch


        #4.10


        Hearing RE: Defendant Thomas Joseph Lynch Jr.'s Motion For Enlargement Of Time

        (Motion filed 2/25/20)


        Docket 41

        *** VACATED *** REASON: OFF CALENDAR - ORDER VACATING HEARINGS AND DENYING MOTION ENTERED 3-6-2020 - (DOCKET NO. [43])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Thomas Joseph Lynch JR Pro Se

        Defendant(s):

        Thomas Joseph Lynch Jr. Pro Se

        Plaintiff(s):

        NuVision Federal Credit Union Represented By Alana B Anaya

        Trustee(s):

        Karen S Naylor (TR) Pro Se

        10:00 AM

        8:19-14887


        Kevin Donato


        Chapter 7


        #0.10


        Motion for relief from stay [Unlawful Detainer]


        PLC Alton Apartments, LLC vs. DEBTOR (Motion filed 2/24/20)


        [RE: 16185 Murphy Avenue, Irvine, CA 92606]


        Docket 13


        Tentative Ruling:

        Tetnative for 3/12/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver and annulment as requested.


        Movant has provided evidence that its action in filing the unlawful detainer action after Debtor's bankruptcy case was filed was taken without knowledge of the automatic stay. Further, Debtor has not provided any evidence that annulment is not warranted. Pursuant to 11 U.S.C. § 362(g), debtor bears the burden of proof on this issue. See also Souang v. Fularon, 2011 Bankr.

        LEXIS 4335 (9th Cir. BAP 2011) ("[T]he debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.").


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Kevin Donato Pro Se

        10:00 AM

        CONT...

        Trustee(s):


        Kevin Donato


        Chapter 7

        Thomas H Casey (TR) Pro Se

        10:00 AM

        8:19-14966


        Lizzette Michelle Aguilllen


        Chapter 7


        #0.20


        CONT'D Motion for relief from stay [Personal Property]


        Honda Lease Trust vs. DEBTOR; And Jeffrey L. Golden, Chapter 7 Trustee (Motion filed 1/30/20)


        [RE: 2018 Honda Civic - VIN No.: JHMF C1F3 1JX0 02324]


        FR: 2-20-20


        Docket 10


        Tentative Ruling:

        Tentative for 3/12/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        Movant to lodge an order within seven (7) days.


        **************************************************************************** Tentative for 2/20/20 is to CONTINUE to 3/12/20 at 10:00 a.m., to allow Movant to provide proper notice. The Motion was filed 1/30/20, served on Debtor by mail, and set for hearing exactly 21 days later, on 2/20/20. While

        LBR 9013-1(d)(2) specifies that notice must be filed and served not later than 21 days before the hearing date, FRBP 9006(f) requires that an additional 3 days be provided for motions served by mail.


        Appearances for the 2/20/20 hearing are excused.

        Party Information

        10:00 AM

        CONT...

        Debtor(s):


        Lizzette Michelle Aguilllen


        Chapter 7

        Lizzette Michelle Aguilllen Represented By Gregory E Nassar

        Trustee(s):

        Jeffrey I Golden (TR) Pro Se

        11:00 AM

        8:17-11743


        Cecilio Romero Murrietta and Irma Bonilla Murrietta


        Chapter 11


        #1.00


        CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

        (Petition filed 5/1/17)


        FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;

        8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20


        Docket 1


        Tentative Ruling:

        Tentative for 3/12/20:


        The Court will CONTINUE this matter to June 11, 2020 at 11:00 a.m., at which time the Court expects that the Trustee will have resolved all claim objections and have filed a plan of reorganization. A status report is due 14 days in advance. If a plan of reorganization has not been filed by that date, the Trustee is to include in the status report a detailed description explaining why one has not been filed and an anticipated time frame.


        Appearances for the 3/12/20 status conference are excused.


        **************************************************************************** Tentative for 1/23/20:


        The Court has received and reviewed the status report filed January 14, 2020 [Dk. 267] and will grant a short CONTINUANCE of this matter to March 12, 2020 at 11:00 a.m, for purposes of allowing the Trustee to solidify his exit strategy. A status report is due 14 days in advance. The status report should include details regarding the Chapter 11 Trustee's exit strategy.


        The Court notes that the above status report was not timely filed. The Court will excuse the non-compliance in this instance, but Trustee is cautioned to ensure compliance with all filing deadlines in the future.

        11:00 AM

        CONT...


        Cecilio Romero Murrietta and Irma Bonilla Murrietta


        Chapter 11

        Appearances are excused.


        ****************************************************************************** Tentative for 10/24/19:


        Appearances are required.


        ********************************************************************************* Tentative for 8/15/19:


        The Court has received and reviewed the status report filed on August 1, 2019 [Dk. 241], and will continue the status conference to October 24, 2019 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances are excused.


        *************************************************************************** Tentative for 4/18/19:


        The Court is inclined to set the following dates/deadlines:


        1. Deadline to file a plan and disclosure statement - June 30, 2019.


        2. A Continued Chapter 11 Status Conference - August 15, 2019 at 11:00

      a.m. A status report is due 14 days in advance.


      The Trustee (himself or through his counsel) should be prepared to orally provide the Court with a current and projected financial overview of Debtor, including a summary of all claims.


      Appearances required.


      Debtor(s):


      Party Information

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      11:00 AM

      CONT...


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      11:00 AM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #2.00


      Hearing RE: Debtor's Motion To (1) Conditionally Approve First Amended Disclosure Statement; (2) Combine Hearings RE Disclosure Statement And Plan Confirmation; (3) Approve Solicitation And Tabulation Procedures; (4) Approve Plan Confirmation Schedule; And (5) Establish Administrative Claim Bar Dates (D.S. filed 2/20/20)


      Docket 198

      Tentative Ruling:

      Tentative for 3/12/20:

      Appearances are required.

      Debtor(s):

      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      11:00 AM

      8:19-11889

      Invensure Insurance Brokers, Inc.

      Chapter 11

      #2.10

      Hearing RE: Motion For Authority To Obtain Post-Petition Financing For Insurance Premiums

      (Motion filed 2/20/20)

      Docket 190


      Tentative Ruling:

      Tentative for 3/12/20 is to GRANT, provided that a supplemental declaration providing details of the financing arrangement is filed no later than 3/11/20 at 12:00 p.m.


      If the declaration is filed prior to the specified date, no appearances are required.

      Party Information

      Debtor(s):

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      11:00 AM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #3.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 5/16/19) FR: 7-18-19; 11-7-19

      Docket 10


      Tentative Ruling:

      Tentative for 3/12/20 is to CONTINUE this status conference to May 7, 2020 at 11:00 a.m.


      Appearances are required.


      *************************************************************************** Tentative for 11/07/19 is to CONTINUE this status conference to March 12, 2020 at 11:00 a.m.


      Appearances are required.


      Debtor(s):


      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      11:00 AM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #4.10


      Hearing RE: Debtor's Motion To Enforce And Approve Settlement Agreement With James DeMarco

      (Motion filed 2/20/20)


      Docket 182


      Tentative Ruling:

      Tentative for 3/12/20 is to DENY:


      This Court has authority to enforce a settlement agreement. Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987). To enforce a complete settlement agreement settling the litigation pending before it, the Court must apply California law "regarding formation and interpretation of contracts in determining whether a legally enforceable settlement agreement was reached." Lee v. Retail Store Employee Bldg. Corp., No. 15-CV-04768-LHK, 2018 WL 385207, at *4 (N.D. Cal. Jan. 10, 2018), appeal dismissed, No.

      18-15209, 2018 WL 3825472 (9th Cir. July 20, 2018).


      During the 12/12/19 hearing, counsels represented to the Court that an oral settlement agreement was reached, acknowledging that there might be further modifications and that Creditor’s counsel had not yet discussed certain provisions with his client. The Creditor himself did not make an appearance or make any representations as to his agreement of the settlement at that time.


      Where the Court is asked to enforce a stipulation, which would settle a case, California law requires a showing of assent by the direct party-litigant, and not just the litigant’s attorney of record. Levy v. Superior Court, 10 Cal. 4th 578, 896 P.2d 171 (1995). An attorney is not authorized, merely by virtue of his retention in litigation, to "impair the client's substantial rights or the cause of action itself." Id.


      The cases cited in Movant’s papers are distinguishable, in that they rely on non-California authority, or the parties against whom enforcement was sought made oral representations directly to the court, and not just through their

      11:00 AM

      CONT...


      Invensure Insurance Brokers, Inc.


      Chapter 11

      attorneys. As no such representation has been made here, the Court is inclined to DENY the motion.


      Appearances are required.


      Debtor(s):


      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      11:00 AM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #4.00


      CONT'D Hearing RE: Objection To Claims:

      (Motion filed 10/30/19)


      Claim No. 6 James DeMarco $1,000,000.00 FR: 12-12-19; 1-23-20

      Docket 109

      Tentative Ruling:

      Tentative for 3/12/20 is to CONTINUE this hearing to April 9, 2020 at 11:00 a.m.

      Appearances are required.

      Debtor(s):

      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      11:00 AM

      8:19-12739

      Maria Julia Higueros

      Chapter 11

      #5.00


      Hearing RE: Confirmation Of Amended Chapter 11 Plan Of Reorganization (D.S. filed 11/7/19 - Approved 12-19-19)

      Confirmation hearing set at D.S. hearing held 12/19/19) (Amended Plan filed 1/6/20)


      FR: 12-19-19


      Docket 59


      Tentative Ruling:

      Tentative for 3/12/20:


      The Court would like to discuss the feasibility of the proposed plan for the following reasons: (1) Debtor's monthly operating report ending 1/31/ [Dk. 67] shows a balance of $669.45; (2) Debtor relies on speculative real estate commissions to fund her plan in the near term, (3) Debtor’s mother, Gloria Higueros, has stated that she would provide a new value contribution but does not specify the amount of her contribution, and (4) While Debtor’s daughter has stated that she would get part-time employment to cover monthly payment in the amount of $1,290.00, she does not specify whether employment has been obtained or is likely to be obtained in the near term.


      Appearances required.


      Debtor(s):


      Party Information

      Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano

      11:00 AM

      8:19-12739


      Maria Julia Higueros


      Chapter 11


      #6.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 7/15/19) FR: 9-12-19; 12-19-19

      Docket 5


      Tentative Ruling:

      Tentative for 3/12/20:


      Appearances required.


      ************************************************************************************** Tentative for 12/19/19:

      Appearances required.


      *************************************************************************** Tentative for 09/12/19 is to set the dates/deadlines, as follows:

      1. The deadline to file a plan and disclosure statement - November 7, 2019. Debtor is to set the hearing date for approval of the disclosure statement as December 19, 2019. Debtor's proposed deadline is shortened by one day to allow for compliance with LBR 3017-1(a) (notice of a disclosure statement hearing requires 42 days). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.


      2. Continued status conference - December 19, 2019 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances required.

      11:00 AM

      CONT...


      Maria Julia Higueros


      Chapter 11


      Debtor is to submit a scheduling order within seven (7) days.

      Party Information

      Debtor(s):

      Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano

      11:00 AM

      8:20-10214


      Wayne Ervin Owens


      Chapter 11


      #7.00


      STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

      (2) Requiring Status Report (Petition filed 1/22/20)


      Docket 5

      *** VACATED *** REASON: OFF CALENDAR - CASE REASSIGNED TO JUDGE CATHERINE E. BAUER ON 1-23-20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Wayne Ervin Owens Pro Se

      11:00 AM

      8:16-15064


      Charles Flowers Harrison


      Chapter 11

      Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association


      #8.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Declaratory Relief Regarding The Nature, Extent And Validity Of Lien As To Capital One Bank (USA), National Association Pertaining To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California;

      2. Disallow Claim, If Any, And To Remove Lien, If Any, From The Real Property Located At 7537 E. Twinleaf Trail

      (Complaint filed 5/1/19)

      (Another Summons issued 7/19/19) FR: 7-18-19; 10-24-19; 3-19-19

      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER ON NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF BANKRUPTCY PROCEDURE RULE ENTERED 1-6-20 - (DOCKET NO. [34])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Charles Flowers Harrison Represented By Michael Jones Sara Tidd

      Defendant(s):

      Capital One Bank (USA), National Pro Se

      Joint Debtor(s):

      Martha Isabel Montoya Represented By Michael Jones Sara Tidd

      11:00 AM

      CONT...


      Charles Flowers Harrison


      Chapter 11

      Plaintiff(s):

      Charles Flowers Harrison Represented By Michael Jones

      Martha Isabel Montoya Represented By Michael Jones

      Axis CP I, LLC Represented By Michael Jones

      11:00 AM

      8:16-15064


      Charles Flowers Harrison


      Chapter 11

      Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association


      #9.00


      CONT'D Hearing RE: Motion For Default Judgment Against Capital One Bank (USA), National Association

      (Motion filed 8/26/19) FR: 10-10-19; 3-19-19

      Docket 24

      *** VACATED *** REASON: OFF CALENDAR - ORDER ON NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF BANKRUPTCY PROCEDURE RULE ENTERED 1-6-20 - (DOCKET NO. [34])

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Charles Flowers Harrison Represented By Michael Jones Sara Tidd

        Defendant(s):

        Capital One Bank (USA), National Pro Se

        Joint Debtor(s):

        Martha Isabel Montoya Represented By Michael Jones Sara Tidd

        Plaintiff(s):

        Charles Flowers Harrison Represented By Michael Jones

        Martha Isabel Montoya Represented By Michael Jones

        11:00 AM

        CONT...


        Charles Flowers Harrison


        Chapter 11

        Axis CP I, LLC Represented By Michael Jones


        Monday, March 16, 2020 Hearing Room 5C


        9:30 AM

        6:19-10179


        Hector M Araiza, Jr.


        Chapter 7

        Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.


        #1.00


        TRIAL re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - §§523(a)(2), 523(a)(4), 523(a)(6)


        Docket 1

        *** VACATED *** REASON: Pre-Trial Conference set for 4/29/20 @ 1:30

        p.m. - jc

        Party Information

        Debtor(s):

        Hector M Araiza Jr. Represented By

        W. Derek May

        Defendant(s):

        Hector M Araiza Jr. Represented By

        W. Derek May

        Plaintiff(s):

        Jeffrey Barnes Represented By William E Adams

        Shirley A Barnes Represented By William E Adams

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        Riverside

        Judge Scott Clarkson, Presiding Courtroom 126 Calendar


        Tuesday, March 17, 2020

        Hearing Room

        126


        9:30 AM

        6:19-10179


        Hector M Araiza, Jr.


        Chapter 7

        Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.


        #1.00


        TRIAL re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - §§523(a)(2), 523(a)(4), 523(a)(6)


        EH            


        Docket 1

        *** VACATED *** REASON: Pre-Trial Conference set for 4/29/20 @ 1:30

        p.m. - jc Tentative Ruling:

      • NONE LISTED -

      Party Information

      Debtor(s):

      Hector M Araiza Jr. Represented By

      W. Derek May

      Defendant(s):

      Hector M Araiza Jr. Pro Se

      Plaintiff(s):

      Jeffrey Barnes Represented By Christopher D Hughes

      Jeffrey Barnes Represented By Christopher D Hughes

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      9:30 AM

      8:20-10803


      Veronique's Gourmet Corporation


      Chapter 11


      #2.00


      Hearing RE: Debtor's Emergency First Day Motion For Order Authorizing Payment Of Certain Pre-Petition Wages, Salaries And Payroll Taxes (Motion filed 3/11/2020)


      Docket 16


      Tentative Ruling:

      Tentative for 3/17/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      Party Information

      Debtor(s):

      Veronique's Gourmet Corporation Represented By

      Lionel E Giron

      9:30 AM

      8:20-10803


      Veronique's Gourmet Corporation


      Chapter 11


      #3.00


      Hearing RE: Debtor's Emergency Motion For Order Authorizing Debtor To Pay Pre-Petition Sales Tax And Use Similar Taxes In The Ordinary Course Of Buisness

      (Motion filed 3/13/2020)


      Docket 21


      Tentative Ruling:

      Tentative for 3/17/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      Party Information

      Debtor(s):

      Veronique's Gourmet Corporation Represented By

      Lionel E Giron

      9:30 AM

      8:20-10803


      Veronique's Gourmet Corporation


      Chapter 11


      #4.00


      Hearing RE: Debtor's Emergency Motion For Order Authorizing Debtor's Use Of Cash Collateral On Interim Basis Pending A Final Hearing

      (Motion filed 3/13/2020)


      Docket 19


      Tentative Ruling:

      Tentative for 3/17/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      Party Information

      Debtor(s):

      Veronique's Gourmet Corporation Represented By

      Lionel E Giron

      10:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #5.00


      Hearing RE: Emergency Motion Of Clairton Residential Renewal, LLC, And TD REO Fund, LLC, To Pay For Demolition Of Three Units Pursuant To 11 U.S.C. Section 363(b)

      (Motion filed 3/13/2020)


      Docket 1140


      Tentative Ruling:

      Tentative for 3/17/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

      1:30 PM

      6:16-13798


      DESERT RANCH LLLP


      Chapter 7

      Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC


      #2.00


      PRETRIAL CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)(3) and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3. Breach of Fiduciary Duty; and 4. Declaratory Relief


      EH            


      (Cont. from 12/4/2019)


      Docket 1

      Debtor(s):

      *** VACATED *** REASON: Advance to 3/11/20 @ 1:30 p.m. - jc

      Party Information

      DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw

      Defendant(s):

      395 Lampe, LLC Pro Se

      Plaintiff(s):

      Helen R Frazer Represented By Laurel R Zaeske

      Trustee(s):

      Helen R. Frazer (TR) Represented By Laurel R Zaeske

      1:30 PM

      6:18-16626


      Judy Zhuang


      Chapter 7

      Adv#: 6:18-01217 Liao v. Zhuang


      #3.00


      PRE-TRIAL CONFERENCE re Complaint to determine non-dischargeability of debt; (1) False Pretenses, False Representations, or Actual Fraud; (2) Willful and Malicious Injury and (3) Non-Dischargeability of Debt


      EH         


      (Cont. from 8/7/19))


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: Advanced to 3/11/20 @ 11:00 a.m. by order entered on 12/3/19 - jc

      Party Information

      Judy Zhuang Represented By

      Todd L Turoci

      Defendant(s):

      Judy Zhuang Pro Se

      Plaintiff(s):

      Chih Ling Liao Represented By Sam X J Wu

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      11:00 AM

      8:17-12887


      Dana Kim Shelton


      Chapter 7

      Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al


      #1.00


      CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint:

      1. To Determine The Validity, Priority, And Extent Of Liens;

      2. Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;

      3. To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And

      4. Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e

      [STATUS CONFERENCE AS TO PETER KOTE, BANK OF AMERICA; DANIEL KEITH LARSON, AND ERIN ELLEN LARSON]

      (Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)

      [Holding Date]


      FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19; 3-20-19;

      5-15-19; 8-14-19; 12-18-19


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: ADVANCED TO MARCH 11, 2020 AT 10:00 A.M. PER ORDER ADVANCING STATUS CONFERENCE ENTERED 1-16-20 - (DOCKET NO. [88])

      Party Information

      Dana Kim Shelton Represented By Christopher P Walker

      Defendant(s):

      Daniel Keith Larson Pro Se

      Erin Ellen Larson Pro Se

      Peter Kote Pro Se

      11:00 AM

      CONT...


      Dana Kim Shelton


      Chapter 7

      BANK OF AMERICA, N.A Pro Se

      Plaintiff(s):

      Richard A. Marshack, Chapter 7 Represented By

      Misty A Perry Isaacson

      Trustee(s):

      Richard A Marshack (TR) Represented By

      Misty A Perry Isaacson

      11:00 AM

      8:16-15064


      Charles Flowers Harrison


      Chapter 11

      Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association


      #1.00


      CONT'D Hearing RE: Motion For Default Judgment Against Capital One Bank (USA), National Association

      (Motion filed 8/26/19) FR: 10-10-19

      Docket 24

      *** VACATED *** REASON: ADVANCED TO MARCH 12, 2020 AT 11:00 A.M. PER ORDER CONTINUING REGARDING MOTION FOR DEFAULT JUDGMENT AND STATUS CONFERENCE ENTERED 10-25- 19 - (DOCKET NO. [31])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Charles Flowers Harrison Represented By Michael Jones Sara Tidd

      Defendant(s):

      Capital One Bank (USA), National Pro Se

      Joint Debtor(s):

      Martha Isabel Montoya Represented By Michael Jones Sara Tidd

      Plaintiff(s):

      Charles Flowers Harrison Represented By Michael Jones

      Martha Isabel Montoya Represented By

      11:00 AM

      CONT...


      Charles Flowers Harrison


      Michael Jones


      Chapter 11

      Axis CP I, LLC Represented By Michael Jones

      11:00 AM

      8:16-15064


      Charles Flowers Harrison


      Chapter 11

      Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association


      #2.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Declaratory Relief Regarding The Nature, Extent And Validity Of Lien As To Capital One Bank (USA), National Association Pertaining To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California;

      2. Disallow Claim, If Any, And To Remove Lien, If Any, From The Real Property Located At 7537 E. Twinleaf Trail

      (Complaint filed 5/1/19)

      (Another Summons issued 7/19/19) FR: 7-18-19; 10-24-19

      Docket 1

      *** VACATED *** REASON: ADVANCED TO MARCH 12, 2020 AT 11:00 A.M. PER ORDER CONTINUING REGARDING MOTION FOR DEFAULT JUDGMENT AND STATUS CONFERENCE ENTERED 10-25- 19 - (DOCKET NO. [31])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Charles Flowers Harrison Represented By Michael Jones Sara Tidd

      Defendant(s):

      Capital One Bank (USA), National Pro Se

      Joint Debtor(s):

      Martha Isabel Montoya Represented By Michael Jones Sara Tidd

      11:00 AM

      CONT...


      Charles Flowers Harrison


      Chapter 11

      Plaintiff(s):

      Charles Flowers Harrison Represented By Michael Jones

      Martha Isabel Montoya Represented By Michael Jones

      Axis CP I, LLC Represented By Michael Jones

      1:00 PM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #3.00


      CONT'D Hearing RE: Debtor's Motion To Enforce And Approve Settlement Agreement With James DeMarco

      (Motion filed 2/20/20) FR: 3-12-20

      Docket 182


      Tentative Ruling:

      Tentative for 3/19/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.

      **************************************************************************************** Tentative for 3/12/20 is to DENY:


      This Court has authority to enforce a settlement agreement. Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987). To enforce a complete settlement agreement settling the litigation pending before it, the Court must apply California law "regarding formation and interpretation of contracts in determining whether a legally enforceable settlement agreement was reached." Lee v. Retail Store Employee Bldg. Corp., No. 15-CV-04768-LHK, 2018 WL 385207, at *4 (N.D. Cal. Jan. 10, 2018), appeal dismissed, No.

      18-15209, 2018 WL 3825472 (9th Cir. July 20, 2018).


      During the 12/12/19 hearing, counsels represented to the Court that an oral settlement agreement was reached, acknowledging that there might be further modifications and that Creditor’s counsel had not yet discussed certain

      1:00 PM

      CONT...


      Invensure Insurance Brokers, Inc.


      Chapter 11

      provisions with his client. The Creditor himself did not make an appearance or make any representations as to his agreement of the settlement at that time.


      Where the Court is asked to enforce a stipulation, which would settle a case, California law requires a showing of assent by the direct party-litigant, and not just the litigant’s attorney of record. Levy v. Superior Court, 10 Cal. 4th 578, 896 P.2d 171 (1995). An attorney is not authorized, merely by virtue of his retention in litigation, to "impair the client's substantial rights or the cause of action itself." Id.


      The cases cited in Movant’s papers are distinguishable, in that they rely on non-California authority, or the parties against whom enforcement was sought made oral representations directly to the court, and not just through their attorneys. As no such representation has been made here, the Court is inclined to DENY the motion.


      Appearances are required.


      Debtor(s):


      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      1:00 PM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #4.00


      CONT'D Hearing RE: Objection To Claims:

      (Motion filed 10/30/19)


      Claim No. 6 James DeMarco $1,000,000.00 FR: 12-12-19; 1-23-20; 3-12-20

      Docket 109


      Tentative Ruling:

      Tentative for 3/19/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      *************************************************************************************** Tentative for 3/12/20 is to CONTINUE this hearing to April 9, 2020 at 11:00 a.m.


      Appearances are required.


      Debtor(s):


      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      1:00 PM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #5.00


      CONT'D Hearing RE: Debtor's Motion To (1) Conditionally Approve First Amended Disclosure Statement; (2) Combine Hearings RE Disclosure Statement And Plan Confirmation; (3) Approve Solicitation And Tabulation Procedures; (4) Approve Plan Confirmation Schedule; And (5) Establish Administrative Claim Bar Dates

      (D.S. filed 2/20/20) FR: 3-12-20

      Docket 198


      Tentative Ruling:

      Tentative for 3/19/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      ************************************************************************************* Tentative for 3/12/20:


      Appearances are required.


      Debtor(s):


      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      3:00 PM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #1.00


      CONT'D Hearing RE: Debtor's Motion To Enforce And Approve Settlement Agreement With James DeMarco

      (Motion filed 2/20/20)


      FR: 3-12-20; 3-19-20


      [Tele. appr., David M. Goodrich, repr., Duncan Prince]


      [Tele. appr., Michael Hauser, repr., DOJ - Office of the U.S. Trustee]


      [Tele. appr., Theodore B. Stolman, repr., Invensure Insurance Brokers, Inc.] [Tele. appr., Carol Chow, repr., Invensure Insurance Brokers, Inc.]

      [Tele. appr., Blake J. Lindemann, repr., James DeMarco]


      Docket 182


      Tentative Ruling:

      Tentative for 3/26/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      *************************************************************************************** Tentative for 3/19/20:


      Telephonic appearances are required. The courtroom will be locked; parties

      3:00 PM

      CONT...


      Invensure Insurance Brokers, Inc.


      Chapter 11

      must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.

      **************************************************************************************** Tentative for 3/12/20 is to DENY:


      This Court has authority to enforce a settlement agreement. Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987). To enforce a complete settlement agreement settling the litigation pending before it, the Court must apply California law "regarding formation and interpretation of contracts in determining whether a legally enforceable settlement agreement was reached." Lee v. Retail Store Employee Bldg. Corp., No. 15-CV-04768-LHK, 2018 WL 385207, at *4 (N.D. Cal. Jan. 10, 2018), appeal dismissed, No.

      18-15209, 2018 WL 3825472 (9th Cir. July 20, 2018).


      During the 12/12/19 hearing, counsels represented to the Court that an oral settlement agreement was reached, acknowledging that there might be further modifications and that Creditor’s counsel had not yet discussed certain provisions with his client. The Creditor himself did not make an appearance or make any representations as to his agreement of the settlement at that time.


      Where the Court is asked to enforce a stipulation, which would settle a case, California law requires a showing of assent by the direct party-litigant, and not just the litigant’s attorney of record. Levy v. Superior Court, 10 Cal. 4th 578, 896 P.2d 171 (1995). An attorney is not authorized, merely by virtue of his retention in litigation, to "impair the client's substantial rights or the cause of action itself." Id.


      The cases cited in Movant’s papers are distinguishable, in that they rely on non-California authority, or the parties against whom enforcement was sought made oral representations directly to the court, and not just through their attorneys. As no such representation has been made here, the Court is inclined to DENY the motion.


      Appearances are required.

      3:00 PM

      CONT...


      Debtor(s):


      Invensure Insurance Brokers, Inc.

      Party Information


      Chapter 11

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      3:00 PM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #2.00


      CONT'D Hearing RE: Objection To Claims:

      (Motion filed 10/30/19)


      Claim No. 6 James DeMarco $1,000,000.00 FR: 12-12-19; 1-23-20; 3-12-20; 3-19-20

      [Tele. appr., David M. Goodrich, repr., Duncan Prince]


      [Tele. appr., Michael Hauser, repr., DOJ - Office of the U.S. Trustee]


      [Tele. appr., Theodore B. Stolman, repr., Invensure Insurance Brokers, Inc.] [Tele. appr., Carol Chow, repr., Invensure Insurance Brokers, Inc.]

      [Tele. appr., Blake J. Lindemann, repr., James DeMarco]


      Docket 109


      Tentative Ruling:

      Tentative for 3/26/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      *************************************************************************************** Tentative for 3/19/20:

      3:00 PM

      CONT...


      Invensure Insurance Brokers, Inc.


      Chapter 11

      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      *************************************************************************************** Tentative for 3/12/20 is to CONTINUE this hearing to April 9, 2020 at 11:00 a.m.


      Appearances are required.


      Debtor(s):


      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      3:00 PM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #3.00


      CONT'D Hearing RE: Debtor's Motion To (1) Conditionally Approve First Amended Disclosure Statement; (2) Combine Hearings RE Disclosure Statement And Plan Confirmation; (3) Approve Solicitation And Tabulation Procedures; (4) Approve Plan Confirmation Schedule; And (5) Establish Administrative Claim Bar Dates

      (D.S. filed 2/20/20)


      FR: 3-12-20; 3-19-20


      [Tele. appr., David M. Goodrich, repr., Duncan Prince]


      [Tele. appr., Michael Hauser, repr., DOJ - Office of the U.S. Trustee] [Tele. appr., Theodore B. Stolman, repr., Invensure Insurance Brokers] [Tele. appr., Carol Chow, repr., Invensure Insurance Brokers, Inc.] [Tele. appr., Blake J. Lindemann, repr., James DeMarco]

      Docket 198


      Tentative Ruling:

      Tentative for 3/26/20:


      Debtor is instructed to file a supplement updating the proposed dates requested in its motion (taking into account the recent continuances) no later than 3/25/20 at 12:00 p.m.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily

      3:00 PM

      CONT...


      Invensure Insurance Brokers, Inc.


      Chapter 11

      accessible during the hearing.


      **************************************************************************************** Tentative for 3/19/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      ************************************************************************************* Tentative for 3/12/20:


      Appearances are required.


      Debtor(s):


      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      10:00 AM

      6:19-12295


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7


      #1.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Americredit Financial Services, Inc. vs. DEBTOR; John Pringle, Trustee (Motion filed 2/26/20)


      RE: 2016 Chevrolet Equinox, VIN: 2GNALCEK1G1111878 EH           

      Docket 41


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.

      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7

      Thomas Richard Steferak Represented By Jenny L Doling

      Joint Debtor(s):

      Bonnie Diane Barkley Represented By Jenny L Doling

      Trustee(s):

      John P Pringle (TR) Pro Se

      10:00 AM

      6:19-17011


      Hector Munoz, Jr.


      Chapter 7


      #2.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      TD Auto Finance LLC vs. DEBTOR, Howard B. Grobstein, trustee (Motion filed 3/2/20)


      Re: 2014 Chevrolet Sonic, VIN: 1G1JA6SH9E4168428 EH            

      Docket 27


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Hector Munoz, Jr.


      Chapter 7

      Hector Munoz Jr. Represented By Raymond Perez

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:19-21093


      J.D. Logistics, Inc.


      Chapter 7


      #3.00


      Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay

      Toyota Industries Commercial Finance, Inc. vs. DEBTOR (Motion filed 2/24/20)


      Re: One Toyota 8HBE30 Pallet Truck and one Toyota 8FBCHU25 Lift Truck, Serial Numbers 46947 and 64279


      Docket 33

      *** VACATED *** REASON: Order granting relief from stay entered on 3/16/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      J.D. Logistics, Inc. Represented By

      Bryant C MacDonald

      Trustee(s):

      Larry D Simons (TR) Pro Se

      10:00 AM

      6:19-21135


      Edna Williams Webster


      Chapter 7


      #4.00


      Law Office of Cheryl A. Skigin - movant attorney Motion for Relief from Stay

      Exeter Finance, LLC vs. DEBTOR (Motion filed 2/19/20)


      Re: 2014 MINI Coupe Cooper S Coupe 2D EH            

      Docket 11


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Edna Williams Webster


      Chapter 7

      Edna Williams Webster Pro Se

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-10270


      Enas K Mosaad


      Chapter 7


      #5.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Americredit Financial Services, Inc. vs. DEBTOR, Howard B. Grobstein, trustee (Motion filed 2/20/20)


      Re: 2017 Chevrolet Suburban, VIN: 1GNSCHKC2HR257570 EH            

      Docket 13


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Enas K Mosaad


      Chapter 7

      Enas K Mosaad Represented By Todd L Turoci

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-10336


      Herlinda Martinez and Domingo Aldaco Martinez


      Chapter 7


      #6.00


      Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay

      Mechanics Bank vs. DEBTORS, Howard B. Grobstein, chapter 7 trustee (Motion filed 3/3/20)


      Re: 2016 Kia Forte, VIN: KNAF K4A6 0G56 12644


      Docket 18


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Herlinda Martinez and Domingo Aldaco Martinez


      Chapter 7

      Herlinda Martinez Represented By

      J. David Munoz

      Joint Debtor(s):

      Domingo Aldaco Martinez Represented By

      J. David Munoz

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-10673


      Jonathan Richard Sorokowski and Patricia Marie


      Chapter 7


      #7.00


      McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay

      Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 2/26/2020)


      RE: 19167 Camassia Ct, Riverside, CA 92508 EH        

      Docket 14


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Jonathan Richard Sorokowski and Patricia Marie


      Chapter 7

      Jonathan Richard Sorokowski Represented By Seema N Sood

      Joint Debtor(s):

      Patricia Marie Sorokowski Represented By Seema N Sood

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-10917


      Raymundo Charco Pineda and Santa Melissa Rodriguez


      Chapter 7


      #8.00


      Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay

      Honda Lease Trust vs. DEBTORS, Arturo Cisneros, chapter 7 trustee (Motion filed 2/17/20)

      (Re-noticed from 3/10/20)


      Re: 2017 Acura RDX, VIN: 5J8T B3H3 0HL0 17948


      EH            


      Docket 9


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Raymundo Charco Pineda and Santa Melissa Rodriguez


      Chapter 7

      Raymundo Charco Pineda Represented By Melissa A Raskey

      Joint Debtor(s):

      Santa Melissa Rodriguez Carmona Represented By

      Melissa A Raskey

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:20-11163


      Alvin Leo Brown


      Chapter 7


      #9.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      TD Auto Finance LLC vs. DEBTOR, Steven M. Speier, trustee (Motion filed 3/6/20)


      Re: 2016 Nissan Murano, VIN: 5N1AZ2MH9GN132981


      EH            


      Docket 10


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Alvin Leo Brown


      Chapter 7

      Alvin Leo Brown Represented By Nicholas M Wajda

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-11230


      Sandra Lee Hargrove


      Chapter 7


      #10.00


      Cooksey Toolen Gage Duffy & Woog - movant attorney Motion for Relief from Stay

      Ford Motor Credit Company LLC vs. DEBTOR; CHARLES DAFF, TRUSTEE (Motion filed 2/28/20)


      RE: 2017 Ford Focus, VIN: 1FADP3F20HL325321


      EH        


      Docket 8


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Sandra Lee Hargrove


      Chapter 7

      Sandra Lee Hargrove Pro Se

      Trustee(s):

      Charles W Daff (TR) Pro Se

      10:00 AM

      6:20-11287


      Michael Nels Nelson and Janet Saenger Nelson


      Chapter 7


      #11.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Ford Motor Credit Company LLC vs. DEBTORS, Robert Whitmore, trustee (Motion filed 3/3/20)


      Re: 2017 Ford Escape, VIN: 1FMCU0GD3HUD77240


      EH            


      Docket 13


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Michael Nels Nelson and Janet Saenger Nelson


      Chapter 7

      Michael Nels Nelson Represented By Todd L Turoci

      Joint Debtor(s):

      Janet Saenger Nelson Represented By Todd L Turoci

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:20-11413


      Rebecca Acklin


      Chapter 7


      #12.00


      Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay

      Nissan Motor Accpetance Corporation vs. DEBTOR (Motion filed 3-9-20)


      RE: 2017 NISSAN ALTIMA, VIN # 1N4AL3APXHC263394


      EH         


      Docket 7


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Rebecca Acklin


      Chapter 7

      Rebecca Acklin Represented By Neil R Hedtke

      Movant(s):

      NISSAN MOTOR ACCEPTANCE Represented By

      Michael D Vanlochem

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-11801


      Mychal Jarrett Adams


      Chapter 7


      #12.10


      Law Offices of William E. Windham - movant attorney Motion for Relief from Stay

      James Chason vs. DEBTOR (Motion filed 3/12/20)


      Re: 1126 Glenwood Ct, San Bernardino, CA 92407 EH            

      Docket 9


      Tentative Ruling:

      Tentative for 3/31/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Mychal Jarrett Adams


      Chapter 7

      Mychal Jarrett Adams Represented By Brian J Soo-Hoo

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      11:00 AM

      6:12-16315


      Bernardino Rivera Heredia


      Chapter 7


      #13.00


      Hrg. on Trustee's Final Report; applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 3/31/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Bernardino Rivera Heredia Represented By James Mortensen

      Trustee(s):

      John P Pringle (TR) Pro Se

      11:00 AM

      6:17-18347


      Armando Rivera and Leslie M. Rivera


      Chapter 7


      #14.00


      Hrg. on chapter 7 trustee's Motion filed 11/27/19 Re: Objection to Claim Number 8 by Claimant Real Time Resolutions, Inc. as Agent for The Bank of New York Mellon


      (Cont. from 2/11/20) EH            

      Docket 75


      Tentative Ruling:

      Tentative for 3/31/20 is to SUSTAIN the objection.


      Noting the Withdrawal of Opposition filed on 3/9/20 [Dk. 88], this matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Armando Rivera Represented By Keith Q Nguyen

      11:00 AM

      CONT...


      Armando Rivera and Leslie M. Rivera


      Chapter 7

      Joint Debtor(s):

      Leslie M. Rivera Represented By Keith Q Nguyen

      Movant(s):

      Charles W Daff (TR) Represented By Lynda T Bui Rika Kido

      Trustee(s):

      Charles W Daff (TR) Represented By Lynda T Bui Rika Kido

      11:00 AM

      6:18-12069


      Justin R. Smith and Julie M. Smith


      Chapter 7


      #15.00

      Hrg. on Trustee's Final Report and Applications for Compensation


      Docket 44


      Tentative Ruling:

      Tentative for 3/31/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Justin R. Smith Represented By Ronald W Ask

      Joint Debtor(s):

      Julie M. Smith Represented By Ronald W Ask

      Trustee(s):

      John P Pringle (TR) Represented By

      Michelle A Marchisotto Roquemore, Pringle & Moore, Inc.

      11:00 AM

      CONT...


      Justin R. Smith and Julie M. Smith


      Chapter 7

      11:00 AM

      6:19-21228


      Advantage Performance Distributing, Inc.


      Chapter 7


      #15.10


      Hrg. on chapter 7 trustee's Motion filed 3/10/20 for sale of assets of the estate outside the ordinary course of business free and clear of all liens, claims, and interests pursuant to 11 U.S.C. §363


      EH            


      Docket 17


      Tentative Ruling:

      Tentative for 3/31/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Advantage Performance Represented By Benjamin R Heston

      Movant(s):

      Karl T Anderson (TR) Represented By Tinho Mang

      11:00 AM

      CONT...

      Trustee(s):


      Advantage Performance Distributing, Inc.


      Chapter 7

      Karl T Anderson (TR) Represented By Tinho Mang

      11:00 AM

      6:19-13251


      David Henry Hilton, Jr.


      Chapter 7

      Adv#: 6:19-01110 Redd v. Hilton, Jr.


      #15.20


      Hrg. on Plaintiff's Emergency Motion for Order Modifying Scheduling Order EH        

      Docket 15

      *** VACATED *** REASON: Order entered on 3/25/20 - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      David Henry Hilton Jr. Represented By Jenny L Doling

      Defendant(s):

      David Henry Hilton Jr. Represented By Jenny L Doling

      Movant(s):

      LaToya S Redd Pro Se

      Plaintiff(s):

      LaToya S Redd Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:12-28006


      City of San Bernardino, California


      Chapter 9

      Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


      #16.00


      Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings


      EH            


      Docket 0

      *** VACATED *** REASON: Cont. to 4/28/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      City of San Bernardino, California Represented By

      Paul R. Glassman Fred Neufeld Laura L Buchanan

      Defendant(s):

      City of San Bernardino Represented By Paul R. Glassman

      Plaintiff(s):

      PLACO SAN BERNARDINO, Represented By Raymond B Kim

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #17.00


      Hrg. on Application to Employ Levene, Neale, Bender, Yoo & Brill L.L.P. as General Bankruptcy Counsel for The Official Committee of Unsecured Creditors


      EH         


      Docket 149


      Tentative Ruling:

      Tentative for 3/31/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      Movant(s):

      Official Committee Of Unsecured Represented By

      Daniel H Reiss

      1:30 PM

      6:20-11096


      Ronald Ward Komers


      Chapter 11


      #18.00


      Hrg. on Chapter 11 Status Conference EH            

      Docket 0


      Tentative Ruling:

      Tentative for 3/31/20 is to set the following dates/deadlines:


      1. September 15, 2020 - deadline to file plan and disclosure statement (as requested by Debtor in Status Report filed 3/17/20 [Dk. 23]). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.


      2. The Court notes that a bar date of May 29, 2020 has already been established [Dk. 22]. July 17, 2020 will be the deadline to object to claims.


      3. A continued status conference will be held on June 9, 2020 at 1:30

      p.m. A status report is due 14 days in advance.


      Telephonic appearances are required for the 3/31 hearing. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      Parties are reminded to have all relevant filings/information easily accessible during the 3/31 hearing.


      Party Information

      Debtor(s):

      Ronald Ward Komers Represented By Matthew D. Resnik

      2:00 PM

      8:19-10349


      Sukeinah Hassan Kassir


      Chapter 7

      Adv#: 8:19-01130 Marshack v. Kassir et al


      #19.00


      Hearing RE: Defendant's Motion To Withdraw And Amend Deemed Admissions And For Relief Under FRCP 36(b)

      (Motion filed 3/6/2020) (OST Denied 3/6/2020)


      Docket 43

      *** VACATED *** REASON: CONTINUED TO APRIL 29, 2020 AT 11:00

      A.M. PER ORDER CONTINUING HEARING AND REQUIRING DEFENDANTS TO FILE RESPONSES TO REQUESTS FOR ADMISSIONS ENTERED 3-27-2020 - (DOCKET NO. [54])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Sukeinah Hassan Kassir Pro Se

      Defendant(s):

      Mohammad Mahdi Kassir Represented By Vikrant Chaudhry

      Mohammad Abbas Kassir Represented By Vikrant Chaudhry

      Ali Al-Hadi Kassir Represented By Vikrant Chaudhry

      Sukeinah Kassir Represented By Vikrant Chaudhry

      Plaintiff(s):

      Richard A Marshack Represented By Donald W Sieveke

      2:00 PM

      CONT...

      Trustee(s):


      Sukeinah Hassan Kassir


      Chapter 7

      Richard A Marshack (TR) Represented By Donald W Sieveke

      2:00 PM

      8:19-10347


      Hassan Abbas Kassir


      Chapter 7

      Adv#: 8:19-01080 Marshack v. Kassir


      #20.00


      Hearing RE: Defendant's Motion To Withdraw And Amend Deemed Admissions And For Relief Under FRCP 36(b)

      (Motion filed 3/10/2020) (OST Entered 3/12/2020)


      Docket 48

      *** VACATED *** REASON: CONTINUED TO APRIL 29, 2020 AT 11:00

      A.M. PER ORDER CONTINUING HEARING AND REQUIRING DEFENDANT TO FILE RESPONSES TO REQUESTS FOR ADMISSIONS ENTERED 3-27-2020 - (DOCKET NO. [48])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Hassan Abbas Kassir Pro Se

      Defendant(s):

      Hassan Abbas Kassir Pro Se

      Plaintiff(s):

      Richard A Marshack Represented By Donald W Sieveke

      Trustee(s):

      Richard A Marshack (TR) Represented By Donald W Sieveke

      2:00 PM

      8:19-10349


      Sukeinah Hassan Kassir


      Chapter 7

      Adv#: 8:19-01081 Marshack v. Kassir


      #21.00


      Hearing RE: Defendant's Motion To Withdraw And Amend Deemed Admissions And For Relief Under FRCP 36(b)

      (Motion filed 3/10/2020) (OST Entered 3/12/2020)


      Docket 50

      *** VACATED *** REASON: CONTINUED TO APRIL 29, 2020 AT 11:00

      A.M. PER ORDER CONTINUING HEARING AND REQUIRING DEFENDANT TO FILE RESPONSES TO REQUESTS FOR ADMISSIONS ENTERED 3-27-2020 - (DOCKET NO. [59])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Sukeinah Hassan Kassir Pro Se

      Defendant(s):

      Sukeinah Hassan Kassir Pro Se

      Plaintiff(s):

      Richard A Marshack Represented By Donald W Sieveke

      Trustee(s):

      Richard A Marshack (TR) Represented By Donald W Sieveke

      10:00 AM

      6:20-10135


      Ricardo Garcia, Jr and Laura Guadalupe Garcia Ramirez


      Chapter 7


      #1.00


      Hrg. on approval of Reaffirmation Agreement filed 3/11/20 between Debtor and Toyota Motor Credit Corporation, in the amount of $14,567.17


      Re: 2015 Toyota Corolla


      Docket 13


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Ricardo Garcia Jr Pro Se

      Joint Debtor(s):

      Laura Guadalupe Garcia Ramirez Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:19-20507


      Cathy Espy-Cook


      Chapter 7


      #2.00


      Hrg. on approval of Reaffirmation Agreement filed 3/6/20 Between Debtor and JPMorgan Chase Bank, in the amount of $4,350.90


      Re: 2012 Ford Fusion


      Docket 11


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Cathy Espy-Cook Represented By Judy P Hsu

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:19-20507


      Cathy Espy-Cook


      Chapter 7


      #3.00


      Hrg. on approval of Reaffirmation Agreement filed 3/11/20 Between Debtor and Americredit Financial Services, Inc. Dba GM Financial, in the amount of

      $21,164.30


      Re: 2016 Chevrolet Traverse


      Docket 14


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Cathy Espy-Cook Represented By Judy P Hsu

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:19-20625


      Jacquelyn Denise Howard


      Chapter 7


      #4.00


      Hrg. on approval of Reaffirmation Agreement Between Debtor and JPMorgan Chase Bank, in the amount of $3,105.46


      Re: 2013 Chrysler 200


      Docket 11


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jacquelyn Denise Howard Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:19-21178


      Iyrene Giovanna Brenda Hurley and Cory James Hurley


      Chapter 7


      #5.00


      Hrg. on approval of Reaffirmation filed 2/26/20 Between Debtor and Alaska USA Federal Credit Union, in the amount of $13,993.88


      Re: 2015 Jeep Wrangler 4WD


      Docket 17


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Iyrene Giovanna Brenda Hurley Pro Se

      Joint Debtor(s):

      Cory James Hurley Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:20-10371


      Anand Deo Maharaj and Rajina Reshmin Maharaj


      Chapter 7


      #6.00


      Hrg. on Approval of Reaffirmation Agreement filed 2/24/20 Between Debtor and CarMax Auto Finance, in the amount of $12,322.71


      Docket 12


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Anand Deo Maharaj Represented By Daniel King

      Joint Debtor(s):

      Rajina Reshmin Maharaj Represented By Daniel King

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      10:00 AM

      6:20-10379


      Douglas Vincent Klohn, Jr


      Chapter 7


      #7.00


      Hrg. on Approval of Reaffirmation Agreement filed 2/24/20 Between Debtor and American First Credit Union, in the amount of $18,913.24


      Docket 12


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Douglas Vincent Klohn Jr Pro Se

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-10484


      Mary LaTrice Gibson


      Chapter 7


      #8.00


      Hrg. on Approval of Reaffirmation Agreement filed 2/27/20 Between Debtor and Alaska USA Federal Credit Union, in the amount of $10,848.44


      RE: 2014 Chevrolet Sonic


      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mary LaTrice Gibson Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-10827


      Thomas Anthony Fuentes


      Chapter 7


      #9.00


      Hrg. on approval of Reaffirmation Agreement Between Debtor and California Coast Credit Union, in the amount of $5,861.52


      Re: 2012 Nissan Maxima


      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Thomas Anthony Fuentes Represented By Marc A Duxbury

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-10827


      Thomas Anthony Fuentes


      Chapter 7


      #10.00


      Hrg. on approval of Reaffirmation Agreement Between Debtor and California Coast Credit Union, in the amount of $5,271.11


      Re: 2013 Hyundai Sonata


      Docket 8


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Thomas Anthony Fuentes Represented By Marc A Duxbury

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-10897


      Elio Alberto Moya and Inez Moya


      Chapter 7


      #11.00


      Hrg. on Approval of Reaffirmation Agreement Between Debtor and Mechanics Bank, in the amount of $33,287.03


      re: 2014 Ford F-250; VIN: 1FT7W2BT9EEB79102


      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Elio Alberto Moya Pro Se

      Joint Debtor(s):

      Inez Moya Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:15-20279


      Mohammad Far


      Chapter 7

      Adv#: 6:16-01018 O'Laverty et al v. Far et al


      #15.00


      STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (§523(a)(2), § 523(a)(4), §523(a)(6))


      (Cont. from 2/19/20) EH             


      Docket 1


      Tentative Ruling:

      Tentative for 4/1/20:


      If the Court grants the other motions on calendar (#16 and #16.10), this status conference will go off calendar. If not, the Court will continue this matter to April 29, 2020, at 1:30 p.m., during which time the Court will set a scheduling order. A status report is due 14 days in advance.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.

      **************************************************************************


      Tentative for 12/04/19:

      1:30 PM

      CONT...


      Mohammad Far


      Chapter 7


      Appearances are required.


      Party Information

      Debtor(s):

      Mohammad Far Represented By Stephen H Darrow

      Defendant(s):

      Mohammad Far Represented By Stephen H Darrow

      Ruth Ann Far Represented By

      Stephen H Darrow

      Joint Debtor(s):

      Ruth Ann Far Represented By

      Stephen H Darrow

      Plaintiff(s):

      Ames Todd O'Laverty Represented By Ian Landsberg

      Cheri O'Laverty Represented By Ian Landsberg

      Merilee Sousa Represented By Ian Landsberg

      Trustee(s):

      Larry D Simons (TR) Represented By

      Howard M Ehrenberg Jessica Vogel

      1:30 PM

      6:15-20279


      Mohammad Far


      Chapter 7

      Adv#: 6:16-01018 O'Laverty et al v. Far et al


      #16.00


      Hrg. on Plaintiffs' Motion For Summary Judgment on Claims under U.S.C. §§ 523(a)(2)(A) and (a)(6), or, in the alternative, for an adjudication of undisputed facts of Melinda Olaverty, Merille Sousa and Cheri Olaverty, substituted as Plaintiffs in place of named plaintiff Ames Todd Olaverty, deceased


      (Cont. from 2/19/20)


      Docket 64


      Tentative Ruling:

      Tentative for 4/1/20 is to GRANT:


      At the 12/4/19 hearing, Defendant's counsel conceded on the merits of Plaintiff's motion for summary judgment. The Court continued the hearing in order to allow the parties to provide further briefing regarding the related, but separately calendared (#16.10), motion seeking substitution of parties.


      The Court is inclined to GRANT the motion for summary judgment as to Plaintiffs’ §§ 523(a)(2)(A) and (a)(6) claims.


      On March 4, 2015, Plaintiffs initiated a case against Defendant in the Superior Court of California, Court of San Bernardino ("State Court"), alleging multiple causes of action, including fraud and financial elder abuse ("State Action"). On October 21, 2015, the Defendant filed a voluntary Chapter 7 petition. This Court subsequently granted relief from the automatic stay to allow the State Action to proceed. After a jury trial, the State Court entered judgment in favor of the Plaintiffs, including an award of punitive damages against the Defendant ("State Judgment"). The State Judgment was later amended and affirmed by the Court of Appeal for the State of California, and is now final.


      Plaintiffs are entitled to use the preclusive effect of the State Judgment to prove § 523(a)(2)(A) and § 523(a)(6) claims, as the issues sought to be

      1:30 PM

      CONT...


      Mohammad Far


      Chapter 7

      precluded are: (1) identical to that decided in the State Action; (2) actually litigated in the State Action; (3) necessarily decided in the State Action; (4) subject to final judgment on the merits; and (5) against the same party to the prior proceeding. In re Harmon, 250 F.3d at 1245 (9th Cir. 2001). Based on the uncontroverted facts and conclusions of law in the record, and after applying issue preclusion, there is no remaining genuine issue of material fact and the Plaintiffs are entitled to judgment as a matter of law. Fed. R. Civ. P.

      56(c).


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      Party Information

      Debtor(s):

      Mohammad Far Represented By Stephen H Darrow

      Defendant(s):

      Mohammad Far Represented By Stephen H Darrow

      Ruth Ann Far Represented By

      Stephen H Darrow

      Joint Debtor(s):

      Ruth Ann Far Represented By

      Stephen H Darrow

      Movant(s):

      Ames Todd O'Laverty Represented By Ian Landsberg

      1:30 PM

      CONT...


      Mohammad Far


      Chapter 7

      Cheri O'Laverty Represented By Ian Landsberg

      Merilee Sousa Represented By Ian Landsberg

      Plaintiff(s):

      Ames Todd O'Laverty Represented By Ian Landsberg

      Cheri O'Laverty Represented By Ian Landsberg

      Merilee Sousa Represented By Ian Landsberg

      Trustee(s):

      Larry D Simons (TR) Represented By

      Howard M Ehrenberg Jessica Vogel

      1:30 PM

      6:15-20279


      Mohammad Far


      Chapter 7

      Adv#: 6:16-01018 O'Laverty et al v. Far et al


      #16.10


      Hrg. on Plainitiffs' Motion filed 10/23/19 for substitution of Merilee Sousa, Melinda O'Laverty, and Cheri O'Laverty in place of Plaintiff Ames Todd O'Laverty, deceased under Rule 25


      EH            


      Docket 67


      Tentative Ruling:

      Tentative for 4/1/20 is to GRANT:


      After reviewing the Plaintiffs’ supplemental briefing provided on 3/11/20 [Dk. 90], and noting that no opposition has been filed, the Court is inclined to GRANT the motion to substitute Merilee Sousa, in the place of Ames Todd O’Laverty, pursuant to Fed. R. Civ. P. 25.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      Party Information

      Debtor(s):

      Mohammad Far Represented By Stephen H Darrow

      1:30 PM

      CONT...


      Mohammad Far


      Chapter 7

      Defendant(s):

      Mohammad Far Represented By Stephen H Darrow

      Ruth Ann Far Represented By

      Stephen H Darrow

      Joint Debtor(s):

      Ruth Ann Far Represented By

      Stephen H Darrow

      Plaintiff(s):

      Cheri O'Laverty Represented By Ian Landsberg

      Merilee Sousa Represented By Ian Landsberg

      Ames Todd O'Laverty Represented By Ian Landsberg

      Trustee(s):

      Larry D Simons (TR) Represented By

      Howard M Ehrenberg Jessica Vogel

      1:30 PM

      6:18-16626


      Judy Zhuang


      Chapter 7

      Adv#: 6:18-01217 Liao v. Zhuang


      #17.00


      Defendant's Motion to Dismiss for Lack of Prosecution EH          

      Docket 87


      Tentative Ruling:

      Tentative for 4/1/2020 is to GRANT:


      Having reviewed Defendant’s Motion to Dismiss for Lack of Prosecution [Dk. 87], Plaintiff’s March 13, 2020 "Reply to Various Motions" [Dk. 91], which indicates that Plaintiff’s intent is to abandon the adversary, and the entire docket in this case, the Court is inclined to GRANT the motion.


      If a plaintiff fails to prosecute or to comply with the Federal Rules of Civil Procedure or a court order, a defendant may move to dismiss the action or any claim against it. Fed. R. Civ. P. 41(b). The Court has considered the following five factors, and finds that the circumstances weigh in favor of dismissal: (1) the public’s interest in expeditious resolution of litigation; (2) the bankruptcy court’s need to manage its docket; (3) the risk of prejudice to defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions. Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir. 1994).


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact

      1:30 PM

      CONT...


      Judy Zhuang


      Chapter 7

      CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Judy Zhuang Represented By

      Todd L Turoci

      Defendant(s):

      Judy Zhuang Represented By

      Todd L Turoci

      Movant(s):

      Judy Zhuang Represented By

      Todd L Turoci

      Plaintiff(s):

      Chih Ling Liao Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:18-16626


      Judy Zhuang


      Chapter 7

      Adv#: 6:18-01217 Liao v. Zhuang


      #17.10


      STATUS CONFERENCE re Complaint to determine non-dischargeability of debt; (1) False Pretenses, False Representations, or Actual Fraud; (2) Willful and Malicious Injury and (3) Non-Dischargeability of Debt


      EH         


      Docket 1


      Tentative Ruling:

      Tentative for 4/1/20:


      In light of the Court's tentative on related matter #17, this status conference will go off calendar.


      Appearances for the 4/1 hearing are excused.

      **********************************************************************************


      Tentative for 3/11/20 is to convert this matter to a status conference, and CONTINUE to April 1, 2020 at 1:30 p.m., concurrent with the hearing on Defendant's Motion to Dismiss for Lack of Prosecution [Dk. 87].


      In light of Defendant’s motion to dismiss, the Court will not issue a separate Order to Show Cause why this case should not be dismissed. However, Plaintiff is advised to respond to the motion to dismiss, follow all applicable rules and procedures, including LBR 7016-1(a), and appear at the 4/1 hearing, or risk future monetary sanctions and/or dismissal of this action by the Court.


      Appearances for the 3/11 hearing are excused.

      1:30 PM

      CONT...


      Debtor(s):


      Judy Zhuang


      Party Information


      Chapter 7

      Judy Zhuang Represented By

      Todd L Turoci

      Defendant(s):

      Judy Zhuang Pro Se

      Plaintiff(s):

      Chih Ling Liao Represented By Sam X J Wu

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:18-19043


      Donald Meredith Dible


      Chapter 7

      Adv#: 6:19-01018 Simons v. Bosher


      #18.00


      PRE-TRIAL CONFERENCE re: Complaint by Larry D. Simons against Leslie Ann Bosher (1) Avoidance and Recovery of Fraudulent Transfer (2) Turnover of Property; and (3) Sale of Interest of Co-owner in Property of the Estate


      EH            


      (Cont. from 11/20/19)


      Docket 1

      *** VACATED *** REASON: nCont. to 6/10/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Donald Meredith Dible Represented By Stephen H Darrow

      Defendant(s):

      Leslie Ann Bosher Represented By Stephen H Darrow

      Plaintiff(s):

      Larry D. Simons Represented By Anthony A Friedman

      Trustee(s):

      Larry D Simons (TR) Represented By Anthony A Friedman

      1:30 PM

      6:19-10980

      Wesley L Stevens

      Chapter 7

      Adv#: 6:19-01078 Main Credit Corporation v. Stevens et al

      #19.00

      Hrg. on Plaintiff's Motion filed 3/2/20 for joint motion for approval of compromise Between Plaintiff Main Credit Corp and Defendants Wesley and Vanessa Stevens including stipulation to the nondischargeability of a portion of the debt and to dismiss adversary proceeding without prejudice

      EH            

      Docket 20


      Tentative Ruling:

      Tentative for 4/1/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Wesley L Stevens Represented By Neil R Hedtke

      Defendant(s):

      Wesley L Stevens Represented By

      1:30 PM

      CONT...


      Wesley L Stevens


      Richard A Hofman


      Chapter 7

      Vanessa Lyn Stevens Represented By Richard A Hofman

      Joint Debtor(s):

      Vanessa Lyn Stevens Represented By Neil R Hedtke

      Plaintiff(s):

      Main Credit Corporation Represented By

      Kathryn M.S. Catherwood

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:19-14435


      William Duane Portillo


      Chapter 7

      Adv#: 6:19-01113 Segovia v. Portillo


      #20.00


      STATUS CONFERENCE re: Complaint by Arturo Segovia against William Duane Portillo. - 727(c),(d),(e), 523 (a)(2)


      EH            


      (Cont. from 10/23/19)


      Docket 1


      Tentative Ruling:

      Tentative for 4/1/20 is to CONTINUE to June 10, 2020 at 1:30 p.m. A status report (whether unilateral or joint) is due 14 days prior to the continued hearing.


      Parties are advised to review all applicable rules and procedures and to file whatever motion they deem appropriate requesting approval of the settlement filed 3/26/20 [Dk. 11] by no later than April 30, 2020.


      Appearances for the 4/1 hearing are excused.


      *************************************************************************************** Tentative for 10/23/19:


      The Court notes that both parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions. Further, the Court notes that Defendant's answer was filed in the main case. Defendant is instructed to file it in this adversary proceeding.


      The Court is inclined to set the following dates/deadlines:


      1. Discovery cutoff: December 31, 2019. Note: this is the date by which

        1:30 PM

        CONT...


        William Duane Portillo


        Chapter 7

        all discovery motions must be heard and resolved.


      2. Motion cutoff: February 14, 2020. Note: this is the date by which all non-discovery motions must be heard and resolved.


      3. Pretrial conference: April 1, 2020 at 1:30 p.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.

      Party Information

      Debtor(s):

      William Duane Portillo Represented By Speros P Maniates

      Defendant(s):

      William Duane Portillo Pro Se

      Plaintiff(s):

      Arturo Segovia Represented By Joseph S Park

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:19-15954


      William Horace Eisenhower


      Chapter 7

      Adv#: 6:19-01141 Friend, Jr v. Eisenhower


      #21.00


      STATUS CONFERENCE re: Complaint by Robert M Friend Jr against William Horace Eisenhower - 523(a)(4)


      EH            


      Docket 1


      Tentative Ruling:

      Tentative for 4/1/20 is to CONTINUE to June 24, 2020 at 1:30 p.m. If the adversary has not been otherwise resolved, a status report (whether unilateral or joint) is due 14 days before the continued status conference.

      Plaintiff is to file a motion for default judgment by no later than April 30, 2020. Appearances for the 4/1 hearing are excused.

      Party Information

      Debtor(s):

      William Horace Eisenhower Represented By Alon Darvish

      Defendant(s):

      William Horace Eisenhower Pro Se

      Plaintiff(s):

      Robert M Friend Jr Represented By Aaron F Garcia

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-16685


      Bernard Gomez


      Chapter 7

      Adv#: 6:19-01143 Borders et al v. Gomez et al


      #22.00


      STATUS CONFERENCE re: Complaint by Brent Alden Borders, Jalena Dawn Borders against Bernard Gomez, Mandy Gomez - 523(a)(2)(a), 523(a)(6)


      EH            


      (Cont. from 1/8/20)


      Docket 1


      Tentative Ruling:

      Tentative for 4/1/20 is to CONTINUE to June 10, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Appearances for the 4/1 hearing are excused.


      *************************************************************************************


      Tentative for 01/08/20 is to CONTINUE to April 1, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Appearances are excused.


      Debtor(s):


      Party Information

      Bernard Gomez Represented By Gary B Elmer

      Defendant(s):

      Bernard Gomez Represented By Gary B Elmer

      Mandy Gomez Represented By Gary B Elmer

      1:30 PM

      CONT...


      Bernard Gomez


      Chapter 7

      Joint Debtor(s):

      Mandy Gomez Represented By Gary B Elmer

      Plaintiff(s):

      Brent Alden Borders Represented By Douglas A Plazak

      Jalena Dawn Borders Represented By Douglas A Plazak

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-18753


      Samuel Kim Choy Yap


      Chapter 7

      Adv#: 6:20-01002 He et al v. Yap et al


      #23.00


      STATUS CONFERENCE re: Complaint by Da Hai He, Lihua Jiang, Jin Hua Chen, Yao Fu Situ, Wei Hai Wu, Zichuan Li, Ziming Cen, Xiaolei Shao, Zhiying Cao, Jiewei Lin, Sandy Vuong, Chunxin Zhao, Yong Chen, Qingxiang Chen, Xinpu Gan, Xiaoqing Xue, Wei Feng Jia, Yong Cai, Deng Liu Wu, Liqiong Chang, Ming Li, Zilin Sun, Yi Chen, Li Juan He, Yanchengzi Cai against Samuel Kim Choy Yap, Xin Li.


      EH            


      Docket 1


      Tentative Ruling:

      Tentative for 4/1/20 is to CONTINUE to May 27, 2020 at 1:30 p.m. If the adversary has not been otherwise resolved, a status report (whether unilateral or joint) is due 14 days before the continued status conference.


      Appearances for the 4/1 hearing are excused.

      Party Information

      Debtor(s):

      Samuel Kim Choy Yap Represented By Sam X J Wu

      Defendant(s):

      Samuel Kim Choy Yap Pro Se

      Xin Li Pro Se

      Joint Debtor(s):

      Xin Li Represented By

      Sam X J Wu

      1:30 PM

      CONT...


      Samuel Kim Choy Yap


      Chapter 7

      Plaintiff(s):

      Li Juan He Represented By

      Stephen J Thomas

      Yi Chen Represented By

      Stephen J Thomas

      Zilin Sun Represented By

      Stephen J Thomas

      Ming Li Represented By

      Stephen J Thomas

      Liqiong Chang Represented By Stephen J Thomas

      Deng Liu Wu Represented By Stephen J Thomas

      Yong Cai Represented By

      Stephen J Thomas

      Wei Feng Jia Represented By

      Stephen J Thomas

      Xiaoqing Xue Represented By Stephen J Thomas

      Xinpu Gan Represented By

      Stephen J Thomas

      Qingxiang Chen Represented By Stephen J Thomas

      Yong Chen Represented By

      Stephen J Thomas

      Lihua Jiang Represented By

      Stephen J Thomas

      Yanchengzi Cai Represented By Stephen J Thomas

      1:30 PM

      CONT...


      Samuel Kim Choy Yap


      Chapter 7

      Da Hai He Represented By

      Stephen J Thomas

      Chunxin Zhao Represented By Stephen J Thomas

      Sandy Vuong Represented By Stephen J Thomas

      Jiewei Lin Represented By

      Stephen J Thomas

      Zhiying Cao Represented By

      Stephen J Thomas

      Xiaolei Shao Represented By

      Stephen J Thomas

      Ziming Cen Represented By

      Stephen J Thomas

      Zichuan Li Represented By

      Stephen J Thomas

      Wei Hai Wu Represented By

      Stephen J Thomas

      Yao Fu Situ Represented By

      Stephen J Thomas

      Jin Hua Chen Represented By Stephen J Thomas

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      11:00 AM

      8:11-17664


      Martha Lucrecia Diaz


      Chapter 7


      #11.10


      Hearing RE: Motion For The Trustee To Abandon The Asset Or File Adversary Complaint

      (Motion filed 1/24/2020)


      Docket 37

      *** VACATED *** REASON: CONTINUED TO MAY 13, 2020 AT 11:00

      A.M. PER ORDER CONTNIUING HEARING ON DEBTOR'S MOTION FOR TRUSTEED TO ABANDON ASSET OR FILE ADVERSARY COMPLAINT ENTERED 3-23-2020 - (DOCKET NO. [44])

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Martha Lucrecia Diaz Represented By Dennise S Henderson

        Trustee(s):

        Weneta M Kosmala (TR) Pro Se

        11:00 AM

        8:17-12003


        Equity Indexed Managed Fund LLC


        Chapter 11

        Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al


        #11.20


        CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Breach Of Contract (Promissory Note)

        (Complaint filed 5/15/19)

        (First Amended Complaint filed 1/10/20) FR: 8-8-19; 11-7-19; 1-23-20

        Docket 1

        *** VACATED *** REASON: CONTINUED TO MAY 27, 2020 AT 10:00

        A.M. PER ANOTHER SUMMONS ISSUED 3-2-2020 - (DOCKET NO. [55]) Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Equity Indexed Managed Fund LLC Represented By

        Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

        Defendant(s):

        Steven (Steve) Goldschmied Pro Se

        Newport Investments, LLC Pro Se

        Newport Investments, LLC Pro Se

        Plaintiff(s):

        Equity Indexed Managed Fund, LLC Represented By

        Michael W Davis

        11:00 AM

        8:19-13772


        Israel Roman


        Chapter 7

        Adv#: 8:20-01001 Roman et al v. United States of America, Treasury Department, Int


        #12.00


        Hearing RE: Motion To Dismiss Complaint To Determine Dischargeability Of Debt (ECF No. 1) For Lack of Subject-Matter Jurisdiction

        (Motion filed 2/28/2020)


        Docket 8


        Tentative Ruling:

        Tentative for 4/1/20 is to GRANT.


        Note: Given the Non-Opposition filed on 3/18/20 [Dk. 11], this matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.


        Party Information

        Debtor(s):

        Israel Roman Represented By

        James D. Hornbuckle

        Defendant(s):

        United States of America, Treasury Represented By

        11:00 AM

        CONT...


        Israel Roman


        John D Ellis


        Chapter 7

        Joint Debtor(s):

        Lorena Roman Represented By

        James D. Hornbuckle

        Plaintiff(s):

        Lorena Roman Represented By

        James D. Hornbuckle

        Israel Roman Represented By

        James D. Hornbuckle

        Trustee(s):

        Richard A Marshack (TR) Pro Se

        11:00 AM

        8:19-13772


        Israel Roman


        Chapter 7

        Adv#: 8:20-01001 Roman et al v. United States of America, Treasury Department, Int


        #13.00


        STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt

        [11 U.S.C. Section 523] (Complaint filed 1/8/20)


        Docket 1


        Tentative Ruling:

        Tentative for 4/1/20:


        In light of the Court's tentative on related matter #12, this status conference will go off calendar.


        Appearances for the 4/1 hearing are excused.


        Party Information

        Debtor(s):

        Israel Roman Represented By

        James D. Hornbuckle

        Defendant(s):

        United States of America, Treasury Pro Se

        Joint Debtor(s):

        Lorena Roman Represented By

        James D. Hornbuckle

        Plaintiff(s):

        Israel Roman Represented By

        James D. Hornbuckle

        Lorena Roman Represented By

        11:00 AM

        CONT...


        Trustee(s):


        Israel Roman


        James D. Hornbuckle


        Chapter 7

        Richard A Marshack (TR) Pro Se

        11:00 AM

        8:20-10202


        Kristine Riesgo Constantino


        Chapter 7


        #14.00


        Hearing RE: Order To Show Cause RE: Dismisal For Failure To Comply With Rule 1006(b)


        [RE: $84.00 Installment Fee Was Due On 4-1-2020]


        Docket 15

        *** VACATED *** REASON: OFF CALENDAR - INSTALLMENT FEE PAID FEBRUARY 21, 2020 - RECEIPT NUMBER: 80074772

        Tentative Ruling:

      • NONE LISTED -

      Party Information

      Debtor(s):

      Kristine Riesgo Constantino Pro Se

      Trustee(s):

      Thomas H Casey (TR) Pro Se

      10:00 AM

      8:20-10462


      Martin Duran Tello


      Chapter 7


      #1.00


      Motion for relief from stay [Personal Property]


      Mechanics Bank, A California Banking Corporation vs. DEBTOR; And Jeffrey I.

      Golden, Chapter 7 Trustee (Motion filed 2/19/20)


      [RE: 2009 Toyota Tacoma - VIN: 3TMJ U62N 09M0 74307]


      Docket 30


      Tentative Ruling:

      Tentative for 4/9/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Martin Duran Tello Represented By Richard M Moss III

      10:00 AM

      CONT...

      Trustee(s):


      Martin Duran Tello


      Chapter 7

      Jeffrey I Golden (TR) Pro Se

      10:00 AM

      8:20-10612


      Neil Oliver Nebrida Casasola


      Chapter 7


      #2.00


      Motion for relief from stay [Personal Property]


      American Honda Finance Corporation vs. DEBTOR; And Richard A. Marshack,

      Chapter 7 Trustee (Motion filed 3/3/2020)


      [RE: 2018 Honda Civic - VIN No.: 2HGF C2F7 0JH5 61671]


      Docket 7


      Tentative Ruling:

      Tentative for 4/9/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Neil Oliver Nebrida Casasola Pro Se

      10:00 AM

      CONT...

      Trustee(s):


      Neil Oliver Nebrida Casasola


      Chapter 7

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:16-15064


      Charles Flowers Harrison and Martha Isabel Montoya


      Chapter 11


      #3.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 12/1416)


      FR: 2-2-17; 5-11-17; 12-14-17; 4-19-18; 5-3-18;10-18-18; 10-25-18; 2-21-19;

      5-2-19; 7-18-19; 12-19-19; 1-9-20


      Docket 1


      Tentative Ruling:

      Tentative for 4/9/20:


      In the event that a plan is confirmed pursuant to the Court's tentative in related matter #4, a Post-Confirmation Status Conference will be held on September 3, 2020 at 11:00 a.m. The Debtors should prepare and file a Post- Confirmation Status Report that provides, among other things, a review of the effect on the administration of the Plan due to economic fallout related to the COVID-19 situation. The report is due 14 days prior to the hearing and should be served on the U.S. Trustee, all secured creditors, and the top 20 unsecured creditors.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible.


      Party Information

      Debtor(s):

      Charles Flowers Harrison Represented By Michael Jones

      11:00 AM

      CONT...


      Charles Flowers Harrison and Martha Isabel Montoya


      Chapter 11

      Joint Debtor(s):

      Martha Isabel Montoya Represented By Michael Jones

      11:00 AM

      8:16-15064


      Charles Flowers Harrison and Martha Isabel Montoya


      Chapter 11


      #4.00


      Hearing RE: Third Amended Chapter 11 Plan Of Reorganization (D.S. filed 11/8/19)

      (D.S. approved 1/9/20)

      (Confirmation hearing set per D.S. held 1/9/20) (Third Amended Plan filed 1/16/20)


      Docket 333


      Tentative Ruling:

      Tentative for 4/9/20:


      The Court is inclined to APPROVE confirmation of the Third Amended Plan filed 1/16/20 [Dk. 333].


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible.

      **************************************************************************************** Tentative for 1/9/20:

      The Court has reviewed the Third Amended Disclosure Statement and requests that the Plan Proponent add two explanatory statements.

      The first should provide a simple analysis of the projected monthly income vs. the actual monthly income for the months of September, October, November, and December 2019. These should be side by side comparisons. Then, the Plan Proponent should explain what financial shortfalls, if any, will be

      11:00 AM

      CONT...


      Charles Flowers Harrison and Martha Isabel Montoya


      Chapter 11

      occurring based upon the actual monthly income.

      Second, please insert into the amended disclosure statement the source(s) of the $10,000.00 new contribution designed to facilitate the payments due on the Effective Date.

      The modification should be filed and served no later than January 7, 2020. Appearances are required.

      Party Information

      Debtor(s):

      Charles Flowers Harrison Represented By Michael Jones Sara Tidd

      Joint Debtor(s):

      Martha Isabel Montoya Represented By Michael Jones Sara Tidd

      11:00 AM

      8:16-15064


      Charles Flowers Harrison


      Chapter 11

      Adv#: 8:19-01077 Harrison et al v. PM Factors, Inc.


      #5.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

      1. Declaratory Relief Regarding The Nature, Extent And Validity Of Lien As To PM Factors, Inc. Pertaining To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California;

      2. Disallow Claim, If Any, And To Remove Lien, If Any, From The Real Property Located At 7537 E. Twinleaf Trail

      (Complaint filed 5/1/19)

      (PTC set at S/C held 7/18/19) FR: 7-18-19; 2-20-20

      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING STIPULATION FOR DISMISSAL OF ENTIRE ACTION ENTERED 2-28- 20 - (DOCKET NO. [10])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Charles Flowers Harrison Represented By Michael Jones Sara Tidd

      Defendant(s):

      PM Factors, Inc. Pro Se

      Joint Debtor(s):

      Martha Isabel Montoya Represented By Michael Jones Sara Tidd

      11:00 AM

      CONT...


      Charles Flowers Harrison


      Chapter 11

      Plaintiff(s):

      Charles Flowers Harrison Represented By Michael Jones

      Martha Isabel Montoya Represented By Michael Jones

      Axis CP I, LLC Represented By Michael Jones

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #6.00


      Hearing RE: Approval Of Disclosure Statement Describing Chapter 11 Plan Of Liquidation Of Equity Indexed Managed Fund, LLC

      (D.S. filed 2/27/2020)


      Docket 1127


      Tentative Ruling:

      Tentative for 4/9/20:


      At the 4/9 hearing, the Court would like to hear from the U.S. Trustee.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible.


      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Timothy W Evanston


      Chapter 11

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11

      Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al


      #7.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Breach Of Guaranty Contracts;

      2. Breach Of Lease Agreement;

      3. Breach Of Security Instrument (Complaint filed 5/17/19)


        FR: 8-8-19; 11-7-19; 1-23-20


        Docket 1


        Tentative Ruling:

        Tentative for 4/9/20 is to CONTINUE to July 16, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


        Plaintiff is required to submit its motion seeking approval of the settlement by no later than May 15, 2020.


        Appearances for the 4/9 hearing are excused.


        ************************************************************************************* Tentative for 1/23/20:

        The Court has received and reviewed the status report filed 1/15/20 [Dk. 28] and will CONTINUE this status conference to April 9, 2020 at 11:00 a.m. A status report (whether joint or unilateral) for the April 9, 2020 hearing is due 14 days prior.


        The Court notes that settlement discussions were also referenced in a previous status report filed on 10/31/19 [Dk. 26]. Absent a showing of significant forward progress in the next status report, the Court will issue a scheduling order at the next status conference.

        11:00 AM

        CONT...


        WJA Asset Management LLC


        Chapter 11


        Further, pursuant to the 11/7/19 tentative (set forth below), Plaintiff was instructed to file a status report 14 days in advance of this hearing (by 11/9/20). Plaintiff did not comply with this directive. Plaintiff also failed to timely file a status report for the 11/7/19 status conference, as directed by the 8/08/19 tentative (also set forth below). The Court will excuse the noncompliance in this instance; however, in light of the repeat violations, Plaintiff is cautioned that it may be subject to sanctions for future violations.


        Appearances are excused.


        *************************************************************************** Tentative for 11/07/19:


        The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.


        The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.


        Appearances are excused.


        ************************************************************************************** Tentative for 8/08/19:


        This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.


        Appearances are excused.


        Debtor(s):


        Party Information

        WJA Asset Management LLC Represented By

        Lei Lei Wang Ekvall Robert S Marticello

        11:00 AM

        CONT...


        WJA Asset Management LLC


        Michael Simon Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

        Kathy Bazoian Phelps Timothy W Evanston


        Chapter 11

        Defendant(s):

        Suneet Singal Pro Se

        First Capital Real Estate Pro Se

        Stephen Howell Pro Se

        Central Valley Gas Stations Atwater Pro Se

        Plaintiff(s):

        TD REO Fund, LLC Represented By Michael W Davis

        TD Opportunity Fund, LLC Represented By Michael W Davis

        11:00 AM

        8:18-14277


        Progressive Solutions, Inc.


        Chapter 11


        #8.00


        STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.

        Section 1111(b) Election

        (Set per Order Entered 2/24/2020)


        Docket 162


        Tentative Ruling:

        Tentative for 4/9/20:


        The Court has read the status report filed 3/26 [Dk. 176] and would appreciate a supplemental report filed by Debtor before April 7, 2020, with respect to all of the active steps that have been undertaken to proceed in this case as a Subchapter V proceeding. For instance, it appears that Debtor has sought no extensions of deadlines that are mandatorily set by statute under Subchapter V, including, but not limited to, 11 U.S.C. §§ 1189(b) and 1116(1).


        The Court would also like to understand what role the Subchapter V Trustee has undertaken with respect to this case.


        Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


        The Parties are reminded to have all relevant filings/information easily accessible.

        Party Information

        11:00 AM

        CONT...

        Debtor(s):


        Progressive Solutions, Inc.


        Chapter 11

        Progressive Solutions, Inc. Represented By Lewis R Landau

        Trustee(s):

        Mark M Sharf (TR) Pro Se

        11:00 AM

        8:19-13728


        Thompson National Properties, LLC


        Chapter 11


        #9.00


        CONT'D Hearing RE: Debtor's Motion For Disallowing Claim: (Motion filed 2/4/2020)


        Claim Number: 48-1 Lorelei Mooney, $111,000.00

        Herbert and Helen Schweiger Trust, a Trust

        ARI-DFW East & West 9, L.P., a Delaware Limited Partnership

        Gary Lamm, James Mieul


        FR: 3-5-20


        Docket 76

        *** VACATED *** REASON: CONTINUED TO JUNE 25, 2020 AT 11:00

        A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING AND RELATED DEADLINES ENTERED 3-23-2020 - [DOCKET NO. [162])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Thompson National Properties, LLC Represented By

        Leonard M Shulman

        11:00 AM

        8:19-13728


        Thompson National Properties, LLC


        Chapter 11


        #10.00


        Hearing RE: Debtor's Motion Of Objection To Claim: (Motion filed 2/28/2020)


        Claim No.: 38-1 Chipman Brown Cicero & Cole, LLP $22,622.47


        Docket 106


        Tentative Ruling:

        Tentative for 4/9/20 is to SUSTAIN.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Thompson National Properties, LLC Represented By

        Leonard M Shulman

        Trustee(s):

        Rich Porter Pro Se

        11:00 AM

        8:19-13728


        Thompson National Properties, LLC


        Chapter 11


        #11.00


        Hearing RE: Debtor's Omnibus Motion For Order Reclassifying The Following Claims:

        (Motion filed 2/28/2020)


        Claim No.:

        2-1

        IFC West Memphis, LLC

        $100,000.00

        Claim No.:

        6-1

        Donna Sperry

        $80,000.00

        Claim No.:

        7-1

        John F. and Sheryl A. Wilken

        $25,000.00

        Claim No.:

        9-1

        Joel E. Birchman

        $25,000.00

        Claim No.:

        10-1

        Laura L. John

        $50,000.00

        Claim No.:

        11-1

        Laura L. John

        $50,000.00

        Claim No.:

        12-1

        Susan A. Hansen

        $65,000.00

        Claim No.:

        13-1

        Misa K. Hewitson

        $25,000.00

        Claim No.:

        14-1

        Luciguela E. King-Smith

        $30,000.00

        Claim No.:

        15-1

        Howland Living Trust UA 01/21/04

        $50,000.00

        Claim No.:

        17-1

        Marcia J. Stedman

        $25,000.00

        Claim No.:

        18-1

        Marcia J. Stedman

        $25,000.00

        Claim No.:

        19-1

        Lynda L. Sawchuk Living Trust UAD 11/14/05

        $25,000.00

        Claim No.:

        20-1

        Lynda L. Sawchuk

        $25,000.00

        Claim No.:

        21-1

        Philip S. Sawchuk

        $25,000.00

        11:00 AM

        CONT...


        Thompson National Properties, LLC


        Chapter 11


        Claim No.:

        22-1

        Herbert J. Sargo

        $40,000.00

        Claim No.:

        23-1

        Christine R. Sargo

        $40,000.00

        Claim No.:

        24-1

        Darcy A. Pollom

        $100,000.00

        Claim No.:

        25-1

        Pita M. Nims

        $12,500.00

        Claim No.:

        26-1

        Brian T. Pollom

        $12, 500.00

        Claim No.:

        27-1

        Dave & Judy Miller Living Trust

        $50,000.00

        Claim No.:

        28-1

        Cheryl L. VanDerMeer-Martin

        $25,000.00

        Claim No.:

        29-1

        Luciguela E. King-Smith

        $20,000.00

        Claim No.:

        30-1

        Luciguela E. King-Smith

        $25,000.00

        Claim No.:

        31-1

        Sandra Ketchel Revocable Trust

        $50,000.00

        Claim No.:

        32-1

        Robert A. Horning DBPP

        $75,000.00

        Claim No.:

        33-1

        Betty J. Nove

        $50,000.00

        Claim No.:

        34-1

        Steven And LeAnne Schwartz Trust

        $40,000.00

        Claim No.:

        35-1

        Rogers Reeves IRA

        $30,000.00

        Claim No.:

        36-1

        Elizabeth Guasti

        $25,000.00

        Claim No.:

        42-1

        C. Barry & Sandra L. Wingfield

        $29,737.00

        Claim No.:

        43-1

        Sandra L. Wingfield

        Docket 107

        $58,954.00

        11:00 AM

        CONT...


        Thompson National Properties, LLC


        Chapter 11

        Tentative Ruling:

        Tentative for 4/9/20 is to GRANT Debtor's Omnibus Motion For Order Reclassifying Claims filed 2/28/20 [Dk. 107] over the Opposition filed 3/9/20 [Dk. 154], as the Opposition does not provide legal argument or factual support.


        Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

        The Parties are reminded to have all relevant filings/information easily accessible.


        Party Information

        Debtor(s):

        Thompson National Properties, LLC Represented By

        Leonard M Shulman

        Trustee(s):

        Rich Porter Pro Se

        11:00 AM

        8:19-13728


        Thompson National Properties, LLC


        Chapter 11


        #11.10


        Hearing RE: First Interim Application For Approval Of Fees And Reimbursement Of Expenses For The Period From September 26, 2019 Through March 13, 2020

        (Application filed 3/19/2020)


        [RE: SHULMAN BASTIAN FRIEDMAN & BUI, LLP - Attorneys For The

        Debtor And Debtor In Possession]

        Fees: $211,768.50; Expenses: $6,678.86]


        Docket 156


        Tentative Ruling:

        Tentative for 4/9/20 is to APPROVE the amounts set forth in the Stipulation [Dk. 174], which was approved by an order entered 3/27/20 [Dk. 175].


        Notwithstanding the above, Applicant is cautioned to avoid instances of block billing and charging fees related to administrative functions (i.e., checking the docket) in future filings before this Court.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        11:00 AM

        CONT...

        Debtor(s):


        Thompson National Properties, LLC


        Chapter 11

        Thompson National Properties, LLC Represented By

        Leonard M Shulman

        11:00 AM

        8:19-13930


        Jonathan James Lagman and Samantha Page Lagman


        Chapter 11


        #12.00


        Hearing RE: Motion For Order Approving Disclosure Statement As Containing Adequate Information Pursuant To Bankruptcy Code Section 1125(a)(1)(b) (D.S. filed 2/7/20)


        Docket 45


        Tentative Ruling:

        Tentative for 4/9/20:


        The Court is inclined to APPROVE and set the following dates/deadlines, provided that the Debtors amend the Disclosure Statement to address the question of how the current health and economic crisis will affect the income and expenses of the Debtors:


        1. Deadline to file confirmation motion with evidence: 4/30/20

        2. Deadline to vote on plan: 5/21/20

        3. Deadline to file objections to plan: 5/21/20

        4. Ballot tabulation deadline: 5/28/20

        5. Deadline to file replies: 6/4/20

        6. Plan confirmation hearing: 6/11/20 at 11:00 a.m.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible.


      Party Information

      Debtor(s):

      Jonathan James Lagman Represented By Michael Jones

      11:00 AM

      CONT...


      Jonathan James Lagman and Samantha Page Lagman

      Sara Tidd


      Chapter 11

      Joint Debtor(s):

      Samantha Page Lagman Represented By Michael Jones Sara Tidd

      11:00 AM

      8:20-10803


      Veronique's Gourmet Corporation


      Chapter 11


      #13.00


      CONT'D Hearing RE: Debtor's Emergency Motion For Order Authorizing Debtor's Use Of Cash Collateral On Interim Basis Pending A Final Hearing (Motion filed 3/13/2020)


      FR: 3-17-2020


      Docket 19


      Tentative Ruling:

      Tentative for 4/9/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible.

      ******************************************************************************* Tentative for 3/17/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      Party Information

      Debtor(s):

      Veronique's Gourmet Corporation Represented By

      Lionel E Giron

      10:00 AM

      6:20-10088


      Kenneth Gregory Rice


      Chapter 7


      #1.00


      Leader-Picone & Young, LLP - movant attorney Motion for Relief from Stay

      OE Federal Credit Union vs. DEBTORS (Motion filed 2/21/20)


      Re: 4170 Needles Highway, Space 28, Needles, CA 92363 (Cont. from 3/10/20)


      EH            


      Docket 15


      Tentative Ruling:

      Tentative for 4/14/20 is to CONTINUE to May 12, 2020 at 10:00 a.m., to allow Movant to provide proper notice.


      The Notice of Continued hearing filed on 3/10/20 [Dk. 18] provides notice of the continued hearing date, but does not advise Debtor that a response is due 14 days in advance, as required by LBR 9013-1(c)(2).


      Appearances for the 4/14/20 hearing are excused.


      *************************************************************************** Tentative for 3/10/20 is to CONTINUE to April 14, 2020 at 10:00 a.m., to allow Movant to provide proper notice.


      The motion was filed on 2/21/20, served on Debtor by mail, and set for hearing on 3/10/20. LBR 9013-1(d) specifies that notice must be filed and served not later than 21 days before the hearing date, and FRBP 9006(f) requires that an additional 3 days be provided for motions served by mail.


      The 3/10/20 hearing will not be held.

      10:00 AM

      CONT...


      Debtor(s):


      Kenneth Gregory Rice

      Party Information


      Chapter 7

      Kenneth Gregory Rice Represented By Todd L Turoci

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-10224


      Ronnie Lee Dickerson and Sylvia Janet Dickerson


      Chapter 7


      #2.00


      Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from stay

      Wells Fargo Bank vs. DEBTORS (Motion filed 3/11/20)


      Re: 13920 Swallowtail Ln., Victorville, CA 92394 EH            


      Docket 13


      Tentative Ruling:

      Tentative for 4/14/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for the 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Ronnie Lee Dickerson and Sylvia Janet Dickerson


      Chapter 7

      Ronnie Lee Dickerson Represented By Stephen D Brittain

      Joint Debtor(s):

      Sylvia Janet Dickerson Represented By Stephen D Brittain

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-10619


      Donald W Almond and Lucinda Kay Steele


      Chapter 7


      #3.00


      Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay

      U.S. Bank National Association vs. DEBTORS (Motion filed 3/12/20)


      Re: 32900 Levi Court, Temecula, CA 92592-1483 EH            

      Docket 17


      Tentative Ruling:

      Tentative for 4/14/20:


      Grant pursuant to 11 U.S.C. § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Donald W Almond and Lucinda Kay Steele


      Chapter 7

      Donald W Almond Represented By Stephen H Darrow

      Joint Debtor(s):

      Lucinda Kay Steele Represented By Stephen H Darrow

      Trustee(s):

      Larry D Simons (TR) Pro Se

      10:00 AM

      6:20-10673


      Jonathan Richard Sorokowski and Patricia Marie


      Chapter 7


      #4.00


      Barrett Daffin Frappier Treder & Weiss - movant attorney Motion for Relief from Stay

      Loan Care LLC vs. DEBTOR (Motion filed 3/23/20)


      Re: 19167 Camassia Ct., Riverside, CA 92508 EH            

      Docket 19


      Tentative Ruling:

      Tentative for 4/14/20:


      Grant pursuant to 11 U.S.C. § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Jonathan Richard Sorokowski and Patricia Marie


      Chapter 7

      Jonathan Richard Sorokowski Represented By Seema N Sood

      Joint Debtor(s):

      Patricia Marie Sorokowski Represented By Seema N Sood

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-11774


      Reginald C Shaw


      Chapter 7


      #5.00


      ZBS Law, LLP - movant attorney Motion for Relief from Stay

      Wilmington Savings Fund Society, FSB vs. DEBTOR (Motion filed 3/13/20)


      Re: Real Property: 15900 BONITA VERDE CT, MORENO VALLEY, CA 92555


      EH            


      Docket 10


      Tentative Ruling:

      Tentative for 4/14/20 is to DENY in part and GRANT in part.


      Deny pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) as significant equity exists. The request for the 4001(a)(3) waiver is denied.


      Grant pursuant to 11 U.S.C. §362(d)(4). "To obtain relief under §362(d)(4), the court must find three elements to be present. First, debtor’s bankruptcy filing must have been part of a scheme. Second, the object of the scheme must be to delay, hinder, or defraud creditors. Third, the scheme must involve either (a) the transfer of some interest in the real property without the secured creditor’s consent or court approval, or (b) multiple bankruptcy filings affecting the property. For the court to grant relief under §362(d)(4), and thus trigger two years of prospective relief as to the subject real property, it must affirmatively find that the three elements above are present." In re First Yorkshire Holdings, Inc., 470 B.R. 864, 870-71 (B.A.P. 9th Cir. 2012). Here, Movant has submitted evidence that the filing was part of a scheme designed to hinder its enforcement activities, as well as a transfer of an interest without Movant's consent.


      Note: This matter appears to be uncontested. Accordingly, no court

      10:00 AM

      CONT...


      Reginald C Shaw


      Chapter 7

      appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Reginald C Shaw Pro Se

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      10:00 AM

      6:20-11814


      WC Hardwood Floors


      Chapter 7


      #5.10


      Polis & Associates, APLC - movant attorney Motion for Relief from Stay

      Balboa Capital Corp.vs. DEBTOR (Motion filed 3/24/20)


      Re: New Timesaver Planer Sander / Cam-Wood Double End Trim Saw EH            

      Docket 11


      Tentative Ruling:

      Revised tentative for 4/14/20:


      The Court has reviewed the Memorandum filed 4/13/20 [Dk. 17]. Accordingly, the Court will Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      10:00 AM

      CONT...


      Debtor(s):


      WC Hardwood Floors

      Party Information


      Chapter 7

      WC Hardwood Floors Represented By Julie J Villalobos

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:11-19285


      Jamie Burst Spada


      Chapter 7


      #6.00


      Hrg. on trustee's final report and applications for compensation EH            

      Docket 38


      Tentative Ruling:

      Tentative for 4/14/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Jamie Burst Spada Represented By Marc E Grossman

      Trustee(s):

      Robert Whitmore (TR) Represented By David Kuttles David Kuttles

      11:00 AM

      6:17-11162


      Raymond R Martinez and Grace Ontiveros Martinez


      Chapter 7


      #7.00


      Hrg. on trustee's final report; applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 4/14/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Raymond R Martinez Represented By Annie R Parenzan

      Joint Debtor(s):

      Grace Ontiveros Martinez Represented By Annie R Parenzan

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      CONT...


      Raymond R Martinez and Grace Ontiveros Martinez


      Chapter 7

      11:00 AM

      6:17-12455


      Sofia Miranda


      Chapter 7


      #8.00


      Hrg. on approval of trustee's final report and applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 4/14/20 is to APPROVE as requested, except as follows:


      Trustee's counsel's fees shall be reduced by $1,040.00 for fees associated with the preparation of its own employment application, as well as that of the broker's. Thus, the firm's fees shall be allowed in the amount of $31,672.00 and expenses of $925.33.


      The court has an independent duty to examine the reasonableness of the fees and expenses requested by retained professionals. In re Auto Parts, Inc., 211 B.R. 29, 33 (9th Cir. B.A.P. 1997). The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney." See In re Garcia, 335 B.R.

      717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that these employment applications were not routine, which remains a trustee duty. Id.

      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      11:00 AM

      CONT...


      Sofia Miranda


      Chapter 7

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Sofia Miranda Pro Se

      Trustee(s):

      Howard B Grobstein (TR) Represented By Aaron E de Leest

      11:00 AM

      6:18-11177


      Claudia E. Garcia


      Chapter 7


      #9.00


      Hrg. on trustee's final report; applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 4/14/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Claudia E. Garcia Represented By Frank X Ruggier

      Trustee(s):

      Karl T Anderson (TR) Represented By Hydee J Riggs

      11:00 AM

      6:19-12295


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7


      #10.00


      Hrg. on chapter 7 trustee's Motion filed 3/12/20 to Allow Claim No. 7 filed by Americredit Financial Services Inc. dba GM Financial as Fully Secured, Not Entitled to a Dividend


      EH            


      Docket 43


      Tentative Ruling:

      Tentative for 4/14/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Thomas Richard Steferak Represented By Jenny L Doling

      Joint Debtor(s):

      Bonnie Diane Barkley Represented By Jenny L Doling

      11:00 AM

      CONT...

      Trustee(s):


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7

      John P Pringle (TR) Pro Se

      11:00 AM

      6:19-12295


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7


      #11.00


      Hrg. on chapter 7 trustee's Motion filed 3/12/20 to Disallow Claims No. 9 filed by Crown Meat & Provisions Inc. as Not Allowable Against the Estate


      EH            


      Docket 45


      Tentative Ruling:

      Tentative for 4/14/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Thomas Richard Steferak Represented By Jenny L Doling

      Joint Debtor(s):

      Bonnie Diane Barkley Represented By Jenny L Doling

      11:00 AM

      CONT...

      Trustee(s):


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7

      John P Pringle (TR) Pro Se

      11:00 AM

      6:19-12295


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7


      #12.00


      Hrg. on chapter 7 trustee's Motion filed 3/12/20 to Disallow Claims No. 10 filed by ARCH Resources Group as Not Allowable Against Estate


      EH            


      Docket 47


      Tentative Ruling:

      Tentative for 4/14/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Thomas Richard Steferak Represented By Jenny L Doling

      Joint Debtor(s):

      Bonnie Diane Barkley Represented By Jenny L Doling

      11:00 AM

      CONT...

      Trustee(s):


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7

      John P Pringle (TR) Pro Se

      11:00 AM

      6:19-12295


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7


      #13.00


      Hrg. on chapter 7 trustee's Motion file 3/12/20 to Disallow Claims No. 11 filed by Regal Wine Co. as Not Allowable Against Estate


      EH            


      Docket 49


      Tentative Ruling:

      Tentative for 4/14/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Thomas Richard Steferak Represented By Jenny L Doling

      Joint Debtor(s):

      Bonnie Diane Barkley Represented By Jenny L Doling

      11:00 AM

      CONT...

      Trustee(s):


      Thomas Richard Steferak and Bonnie Diane Barkley


      Chapter 7

      John P Pringle (TR) Pro Se

      11:00 AM

      6:19-12607


      HK Fitness, Inc.


      Chapter 7


      #14.00


      Hrg. on trustee's final report; applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 4/14/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      HK Fitness, Inc. Represented By Robert L Firth

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      11:00 AM

      6:19-15264


      Michael Anthony Ward


      Chapter 7


      #15.00


      Hrg. on Trustee's Motion to authorized interim distribution to: 1) Domestic Support Creditor; and 2) Chapter 7 Trustee


      EH        


      Docket 31


      Tentative Ruling:

      Tentative for 4/14/20 is to DENY the motion.


      The Court has reviewed the Trustee's Motion filed 3/20/20 [Dk. 31], the Opposition filed on 3/31/20 by Creditors Tracey Janine Turner and Shelley Lynn Arends [Dk. 33], the Reply filed 4/7/20 [Dk. 34], and the docket as a whole. The Court previously granted Relief from Stay on 10/24/19 [Dk. 23] to allow Claim #5 Creditors to pursue the non-bankruptcy action titled In re Arends Trust, 37-2018-00043620-PR-TR-CTL, noting that the Superior Court may create a constructive trust on the Debtor's property. It follows that the imposition of such a constructive trust could affect the Debtor's Estate. The Court finds it inadvisable to authorize interim distribution from Estate funds at this time.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible.


      Party Information

      Debtor(s):

      Michael Anthony Ward Represented By Jenny L Doling

      11:00 AM

      CONT...

      Trustee(s):


      Michael Anthony Ward


      Chapter 7

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:19-18329


      William Alan Jaynes and Janet Susan Jaynes


      Chapter 7


      #16.00


      Hrg. on U.S. Trustee's motion filed 2/28/20 to extend dismissal and discharge deadlines pursuant to 11 U.S.C. §§707 & 727 & Federal Rules of Bankruptcy Procedure 1017 & 4004


      EH            


      Docket 23


      Tentative Ruling:

      Tentative for 4/14/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      William Alan Jaynes Pro Se

      Joint Debtor(s):

      Janet Susan Jaynes Pro Se

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      CONT...


      William Alan Jaynes and Janet Susan Jaynes


      Chapter 7

      1:30 PM

      6:12-28006


      City of San Bernardino, California


      Chapter 9


      #17.00


      Hrg on City of San Bernardino's Sixteenth Omnibus Objection to Claim Barbara Jenkins, to allow the parties to proceed in state court to determine the City's liability.


      EH         


      (Cont. from 10/22/19)


      Docket 2723


      Tentative Ruling:

      Tentative for 4/14/20 is to SUSTAIN the objection:


      The Court has reviewed the Status Report filed 3/31/20 [Dk. 2935] and entire docket in this case, and notes that Claimant Barbara Jenkins, who has been an active participant in proceedings before this Court, has not filed anything further related to this matter. LBR 3007-1(b)(6) provides that the Court may sustain a claim objection without a hearing in the event that a claimant does not timely file and serve a response.


      In light of the foregoing, and with the understanding that the Superior Court Order Sustaining Demurrer and the Judgment of Dismissal of the Action entered on October 4, 2019 is now a final and non-appealable order, the Court finds it appropriate to SUSTAIN the Sixteenth Omnibus Objection to Claims [Dk. 2723] ("Objection") as to the claim of Barbara Jenkins.


      Appearances for the 4/14 hearing are excused. Movant to lodge an order within seven (7) days.

      **************************************************************************** Tentative for 10/22/19:


      The Court has reviewed and reviewed the status report filed October 8, 2019

      1:30 PM

      CONT...


      City of San Bernardino, California


      Chapter 9

      [Dk. 2894] and is inclined to CONTINUE this matter to April 14, 2020 @ 1:30

      p.m. A status report is due 14 days in advance.


      Appearances are excused.


      *************************************************************************** Revised Tentative for 6/11/19:


      The Court has received and reviewed the status report filed May 28, 2019 [Dk. 2842] and the Supplemental Report filed June 7, 2019 [Dk. 2845] and will CONTINUE this matter to October 15, 2019 at 1:30 p.m. A status report is due 14 days in advance. If a final determination has been made in the state court proceeding, Movant should supplement its moving papers with appropriate authority and serve them 14 days prior to the continued hearing. Movant is to provide notice of the foregoing to claimant by no later than June 15, 2019.


      Appearances are excused.


      ********************************************************************

      Tentative for 1/22/19 is to SUSTAIN the objections and DISALLOW the claims in the Sixteenth Omnibus Objection to Claims [Dk. 2723] ("Objection") except as follows:


      With respect to the claim of Barbara Jenkins, this matter is CONTINUED to June 11, 2019 at 1:30 p.m. to allow the parties to proceed in state court to determine the City's liability. To the extent it is necessary, the Court GRANTS relief from the automatic stay for the parties to proceed in the non-bankruptcy forum for this purpose. The parties must file a status report fourteen days in advance of the continued hearing.

      Appearances are excused.


      The 1/22/19 hearing is VACATED; no hearing will be held. Movant to lodge an order within seven (7) days.

      1:30 PM

      CONT...


      City of San Bernardino, California


      Chapter 9


      Party Information

      Debtor(s):

      City of San Bernardino, California Represented By

      Paul R. Glassman Fred Neufeld Laura L Buchanan

      1:30 PM

      6:18-12715


      Big Bear Bowling Barn, Inc.


      Chapter 11


      #18.00


      Hrg. on Post Confirmation Status Conference EH            

      (Hrg. cont. from 1/9/20)


      Docket 0


      Tentative Ruling:

      Tentative for 4/14/20 it to CONTINUE to June 9, 2020 at 1:30 p.m. A status report is due 14 days in advance, and should include detail regarding Debtor's ability to continue to make plan payments, especially in light of having discontinued its operations due to COVID-19 and the delays in selling Debtor's commercial real estate assets.


      Appearances for the 4/14 hearing are excused.


      *************************************************************************** Tentative for 01/09/20:


      The Court is inclined to set a continued post-confirmation status conference date of April 14, 2020 at 1:30 p.m. and require a status report 14 days in advance.


      The Court has received and reviewed Debtor's latest status report filed 12/26/19 [Dk. 211]. Pursuant the status report, the sale which formed the basis for plan confirmation has fallen through. Further, while Debtor indicates that they are current on post-petition payments, the filed status report does not comply LBR 3020-1, which requires a schedule of all payments and outstanding debts. So, the Court is unable to independently verify what payments were required to be made and what payments have in fact been

      1:30 PM

      CONT...


      Big Bear Bowling Barn, Inc.


      Chapter 11

      made. Lastly, the Court notes that the Post Confirmation Status Report filed 10/31/19 [Dk. 210], likewise does not comply LBR 3020-1 and indicates that the Debtor may require financial assistance in order to make plan payments. Counsel is directed to ensure compliance of future filings with all applicable LBRs, including but not limited to LBR 3020-1(b).


      Appearances are required.


      ************************************************************************** Tentative for 11/19/19:


      The Court has received and reviewed Debtor's post confirmation status report filed 10/31/19 [Dk. 210]. Due to the projected date of final decree as November 2019, the Court will CONTINUE this matter to January 9, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances for the 11/19/19 hearing are excused.


      ************************************************************************* Tentative for 7/16/19:

      Appearances required.


      *************************************************************************** Tentative for 4/16/19 is to GRANT.

      Appearances required.


      ***************************************************************************

      Tentative for 3/5/19 is to CONTINUE the hearing on the disclosure statement to April 16, 2019, at 1:30 p.m. to allow Debtor to file an amended plan and disclosure statement that addresses and resolves the issues raised in the objections filed by Creditor Columbia Bank on February 15, 2019 [Dk. 127] and by the UST on February 19, 2019 [Dk. 128].

      1:30 PM

      CONT...


      Big Bear Bowling Barn, Inc.


      Chapter 11

      An amended disclosure statement and plan must be filed by March 26, 2019. Oppositions to the amended disclosure statement are due April 2, 2019.

      Replies to any opposition are due April 9, 2019.


      Appearances for the 3/5/19 hearing are excused.

      Party Information

      Debtor(s):

      Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #19.00


      Hrg. on First Amended Disclosure Statement (Cont. from 3/10/20)


      Docket 0


      Tentative Ruling:

      Tentative for 4/14/20:


      Telephonic appearances are required.

      The Court is inclined to set continued dates as follows: Debtor should file a Second Amended Disclosure Statement and Plan no later than 4/28/20. Any oppositions must be filed no later than 4/12/20, with a reply due on or before 5/19/20. The continued hearing will occur on May 26, 2020 at 1:30 p.m.


      Utilizing and referencing the redlined edition of the First Amended Disclosure Statement [Dk. 194], the current Disclosure Statement will not be approved for various reasons, unless the Disclosure Statement and Plan are amended to address the following:


      1. Counsel employment for the Unsecured Creditors Committee was denied, and that information should be included in the amended Disclosure Statement.


      2. All non-debtor defendants in the pending class action suit need to be particularly identified, and disclosure of the resultant effects on the Debtor of judgments against those non-debtor individuals must be made.


      3. Ms. Kimberly O'Linn needs to place her $30,000 new value contribution, and Mr. Richard O'Linn needs to place his $40,000 new value contribution, into a blocked account (not to be released without further order of the Court) prior to the filing of the Confirmation Brief by the Debtor. This needs to be

        1:30 PM

        CONT...


        O'Linn Security Incorporated


        Chapter 11

        added to the amended Disclosure Statement and Plan. Without the funds in place, the Court will not confirm a plan.


      4. No post-confirmation injunction, whether temporary or permanent, shall be provided to non-debtor entities in this case. It makes no difference in the 9th Circuit whether the beneficial party to an injunction is providing "new value" to the Plan, or whether the officer or director is consequential to the success of the Plan.


        The cited authority of the Debtor, In re Brothby, 303 B.R. 177, 191 (B.A.P. 9th Cir. 2003), is inapplicable to the present circumstances and factual underpinnings. A court may disapprove a disclosure statement because the plan being described therein could not possibly be confirmed. In re Main St.

        AC, Inc., 234 B.R. 771, 775 (Bankr. N.D. Cal. 1999). A plan which contains terms that even temporarily enjoin non-Debtor parties, including the principal and/or former principal of the Debtor, does not comport with the provisions of 11 U.S.C. § 524. In re Rohnert Park Auto Parts, Inc., 113 B.R. 610, 615 (B.A.P. 9th Cir. 1990). Therefore, such a plan is unconfirmable under 11

        U.S.C. § 1129(a)(1).


      5. The Court doesn't understand the language regarding the treatment of Class 5 and/or Class 6 contained on page 21, lines 18-20. Specifically, the phrase ..."and if the Court does not confirm this Plan" is unclear. If the Court "does not confirm [the] Plan", the Plan and the treatment provided in the Plan will not exist and will have no effect.


      6. Any monies reserved for unliquidated, disputed Class 5 creditors must be placed into a blocked account (not to be released without further order of the Court) prior to entry of a confirmation order. Without the funds in place, the Court will not confirm a plan.


      7. Page 24, lines 20 - 21. "It's" is a contraction of "it is" or "it has." "Its" is a possessive determiner. Please correct.


      The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. The Parties

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      are reminded to have all relevant filings/information easily accessible.


      ***************************************************************************

      Tentative for 3/10/20 is to CONTINUE this hearing to 5/12/20 at 1:30 p.m., to allow Debtor to file an amended Disclosure Statement addressing the points identified in the Oppositions filed by the United States Trustee and Official Committee of Unsecured Creditors. The Court notes that it is appropriate for Debtor to identify and clarify the issues raised in the Oppositions, including those regarding the confirmability of the proposed plan, in Debtor's Amended Disclosure Statement. Debtor should file its Amended Disclosure Statement no later than 4/1/20. Any oppositions must be filed no later than 4/28/20, with a reply due on or before 5/5/20.


      Additionally, the Court will set a continued status conference on 5/12/20 at 1:30 p.m., concurrent with the continued hearing on Debtor's amended Disclosure Statement. A status report is due 14 days in advance.


      Appearances for the 3/10 hearing are excused.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #20.00

      Hrg. on Chapter 11 Status Conference


      Docket 0


      Tentative Ruling:

      Tentative for 4/14/20:

      Telephonic appearances are required. The Court is inclined to set a continued status conference date which coincides with the continued hearing on the Disclosure Statement, which is proposed to be May 26, 2020 at 1:30 p.m.

      The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible.

      **************************************************************************** Tentative for 10/01/19:


      As an initial matter, the Court notes that no Corporate Resolution has been filed as required pursuant to the Court Manual, Section 2.1(e)(1)(E).


      The Court is inclined to set the following dates/deadlines provided that Debtor files the Corporate Resolution by 12:00 p.m. on October 1, 2019:


      1. December 30, 2019: Last date to file a plan and disclosure statement.


      2. December 15, 2019: Last date to file claims ("Claims Bar Date").


      3. October 9, 2019: Last date for Debtor to serve notice of the Claims Bar Date.

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      If Debtor fails to file the Corporate Resolution by the deadline, the Court will be inclined to set an OSC why this case should not be dismissed or converted to chapter 7.


      Appearances are required.


      Debtor(s):


      Party Information

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-14496


      Jorge Alberto Blas-Sanchez


      Chapter 7

      Adv#: 6:19-01119 B. SPRAGG ENTERPRISES LLC v. Blas-Sanchez


      #21.00


      PRE-TRIAL CONFERENCE re: Complaint by B. Spragg Enterprises LLC against Jorge Alberto Blas-Sanchez - §§ 523(a)(2), 523(a)(4)


      EH            


      Docket 1

      *** VACATED *** REASON: Cont. to 6/10/20 @ 1:30 p.m. by order signed on 3/30/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jorge Alberto Blas-Sanchez Represented By Todd L Turoci

      Defendant(s):

      Jorge Alberto Blas-Sanchez Represented By

      Richard L. Sturdevant

      Joint Debtor(s):

      Alicia Espinoza Represented By Todd L Turoci

      Plaintiff(s):

      B. SPRAGG ENTERPRISES LLC Represented By

      Kathy McCormick

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      1:30 PM

      6:19-19296


      John Paul Salvador


      Chapter 7

      Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


      #22.00


      STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


      EH            


      Docket 1

      *** VACATED *** REASON: Cont. to 6/24/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      John Paul Salvador Pro Se

      Defendant(s):

      United States Department of Justice Pro Se Internal Revenue Service Pro Se

      United States Attorney Central Pro Se

      Plaintiff(s):

      John Paul Salvador Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:19-19296


      John Paul Salvador


      Chapter 7

      Adv#: 6:20-01011 Salvador v. US Department of Education et al


      #23.00


      STATUS CONFERENCE re: Complaint by John Paul Salvador against US Department of Education § 523(a)(8)


      EH            


      Docket 1

      *** VACATED *** REASON: Cont. to 6/24/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      John Paul Salvador Pro Se

      Defendant(s):

      US Department of Education Pro Se

      National Credit Services Pro Se

      Plaintiff(s):

      John Paul Salvador Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:19-19414


      Jacob Dorsten


      Chapter 7

      Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten


      #24.00


      STATUS CONFERENCE re: Complaint by HLS of Nevada, LLC d.b.a. Nevada West Financial, a Nevada limited liability company against Jacob Dorsten - § 523(a)(6)


      EH            


      Docket 1

      *** VACATED *** REASON: Cont. to 6/10/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jacob Dorsten Represented By David L Nelson

      Defendant(s):

      Jacob Dorsten Pro Se

      Plaintiff(s):

      HLS of Nevada, LLC d.b.a. Nevada Represented By

      Nathan F Smith

      Trustee(s):

      Steven M Speier (TR) Pro Se

      9:30 AM

      8:19-13739


      Raul Ramiro Salazar


      Chapter 7


      #1.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Southland Credit Union

      [Motion filed 2/28/2020)

      [TA CASE]


      [RE: 2016 Chrysler 200 - Amount: $16,500.53] [VIN No.: 1C3CCCABXGN167859]


      Docket 31


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Raul Ramiro Salazar Represented By Marlin Branstetter

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      9:30 AM

      8:19-13922


      Courtney Lima


      Chapter 7


      #2.00


      Hearing RE: Reaffirmation Agreement Between Debtor and Ally Bank (Motion filed 3/10/2020)

      [CB CASE]


      [RE: 2018 Dodge Charger - Amount: $9,132.25] [VIN No.: 2C3CDXCT6JH121472]

      (Amount Does Not Include The Purchase Option Of $24,407.60)


      Docket 18


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Courtney Lima Pro Se

      Trustee(s):

      Thomas H Casey (TR) Pro Se

      9:30 AM

      8:19-14461


      Jasmine Hoa Nguyen


      Chapter 7


      #3.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation

      (Motion filed 2/29/2020)


      [RE: 2017 Toyota Camry - Amount: $11,549.34] [VIN No.: 4T1BF1FK1HU355507]


      Docket 56


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jasmine Hoa Nguyen Represented By Julie Nong

      Trustee(s):

      Thomas H Casey (TR) Pro Se

      9:30 AM

      8:19-14499


      Myranda Cai Poletiek


      Chapter 7


      #4.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Mechanics Bank (Motion filed 3/2/2020)

      [ES CASE]


      [RE: 2015 Ford C-Max - Amount: $15,336.85]


      Docket 20

      *** VACATED *** REASON: OFF CALENDAR - AMENDED REAFFIRAMATION FILED 3-11-2020 (DOCKET NO. [23])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Myranda Cai Poletiek Represented By Christopher J Langley

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      9:30 AM

      8:19-14525


      Enrique Villagomez


      Chapter 7


      #5.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Broker Solutions,

      Inc., dba New American Funding (Motion filed 2/28/2020)

      [ES CASE]


      [RE: Mortgaged Loan - 429 South Gain Street, Anaheim, CA 92804]


      Docket 28


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Enrique Villagomez Represented By Alaa A Ibrahim

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      9:30 AM

      8:19-14779


      Brandi Elizabeth Lynn Newell


      Chapter 7


      #6.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation

      (Motion filed 3/11/2020)

      [ES CASE]


      [RE: 2016 Toyota 4Runner - Amount: $26,028.89] [VIN No.: JTEZU5JR7G5143610]


      Docket 8


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Brandi Elizabeth Lynn Newell Represented By Arlene M Tokarz

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      9:30 AM

      8:19-15015


      Jose Zavalapina and Ursula A. Zavala


      Chapter 7


      #7.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Navy Federal Credit Union

      (Motion filed 3/6/2020)

      [CB CASE]


      [RE: 2018 Chevrolet Traverse - Amount: $33,833.52] [VIN No.: 1GNERGKW5JJ157533]


      Docket 11


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jose Zavalapina Represented By Christine A Kingston

      Joint Debtor(s):

      Ursula A. Zavala Represented By Christine A Kingston

      Trustee(s):

      Thomas H Casey (TR) Pro Se

      9:30 AM

      8:20-10061


      David Loera


      Chapter 7


      #8.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)

      (Motion filed 3/18/2020)

      [TA CASE]


      [RE: 2017 Dodge Challenger - Amount: $22,284.66]


      Docket 8


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      David Loera Represented By

      Daniel King

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      9:30 AM

      8:20-10103


      Sergio Luna Gonzalez


      Chapter 7


      #9.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Americredit Financial Services, Inc. dba GM Financial

      (Motion filed 3/13/2020) [TA CASE]


      [RE: 2018 Chevrolet Silverado - Amount: $27,578.26] [VIN No.: 3GCPCREC1JG240300]


      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Sergio Luna Gonzalez Represented By Lauren M Foley

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      9:30 AM

      8:20-10121


      Marcos A. Corrales and Yolanda R. Uribe-Corrales


      Chapter 7


      #10.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And TD Auto Finance LLC

      (Motion filed 3/9/2020)


      [RE: 2016 Infiniti QX70 - Amount: $27,827.55] [VIN No.: VIN No. JN8CS1MU3GM671437]


      Docket 11


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Marcos A. Corrales Represented By Christine A Kingston

      Joint Debtor(s):

      Yolanda R. Uribe-Corrales Represented By Christine A Kingston

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      9:30 AM

      8:20-10133


      Maria Montoya


      Chapter 7


      #11.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Wells Fargo Bank N.A., d/b/a Wells Fargo Auto

      (Motion filed 3/18/2020)

      [ES CASE]


      [RE: 2017 Jeep Cherokee 4 Cyl. - Amount: $14,347.13]


      Docket 14


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Maria Montoya Pro Se

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      9:30 AM

      8:20-10138


      Veronica Delgado Martinez


      Chapter 7


      #12.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Nissan Motor Acceptance Corporation

      (Motion filed 3/10/2020)


      [RE: 2018 Nissan Sentra - $19,090.35] [VIN No.: 3N1AB7AP2JY332955]


      Docket 7


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Veronica Delgado Martinez Represented By Omar Zambrano

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      9:30 AM

      8:20-10199


      Florentino G Jiminez


      Chapter 7


      #13.00


      Hearing RE: Reaffirmation Agreement Between Debtor And CarMax Auto Finance

      (Motion filed 2/27/2020)

      [TA CASE]


      [RE: 2015 Toyota Corolla - Amount: $15,722.00] [VIN No.: 5YFBURHE8FP245595]


      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Florentino G Jiminez Represented By Jennifer A Carlton

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      9:30 AM

      8:20-10210


      April Dawn Miller


      Chapter 7


      #14.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union

      (Motion filed 3/14/2020)

      [CB CASE]


      [RE: 2015 Ford Flex - Amount: $19,231.61]


      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      April Dawn Miller Pro Se

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      9:30 AM

      8:20-10356


      Gloria Gutierrez-Cortez


      Chapter 7


      #15.00


      Hearing RE: Reaffirmation Agreement Between Debtor And CarMax Auto Finance

      (Motion filed 3/16/2020)

      [ES CASE]


      [RE: 2013 Volkswagen Jetta - Amount: $5,486.54]


      Docket 10


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Gloria Gutierrez-Cortez Represented By Marlin Branstetter

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:17-12746


      Du Sik Kang


      Chapter 7

      Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al


      #16.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

      1. Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];

      2. Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];

      3. Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];

      4. Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And

      5. Turnover [11 U.S.C. Section 542(a)] (Complaint filed 6/18/18)

      (First Amended Complaint filed 7/26/18) [Judgment RE Well Fargo ONLY] (PTC set at S/C held 6/12/19)


      FR: 9-12-18; 11-7-18; 1-23-19; 4-17-19; 6-12-19; 1-8-20


      Docket 11

      *** VACATED *** REASON: CONTINUED TO MAY 13, 2020 AT 11:00

      A.M. PER ORDER GRANTING STIPULATION TO CONTINUE PRE- TRIAL HEARING ENTERED 2-20-2020 - (DOCKET NO. [55])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Du Sik Kang Represented By

      Jisoo Hwang

      Defendant(s):

      Ik Soo Bang Pro Se

      Hye Young Bang Pro Se

      Ik Soo Bang, Hye Young Bang, as Pro Se

      11:00 AM

      CONT...


      Du Sik Kang


      Chapter 7

      Wells Fargo & Company Pro Se

      Plaintiff(s):

      Jeffrey I. Golden, Chapter 7 Trustee Represented By

      Noreen A Madoyan

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Noreen A Madoyan

      11:00 AM

      8:17-13506


      John Richard Garcia


      Chapter 7

      Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Chapter 7 Trustee, v. Garcia


      #17.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And

      2. For Turnover Of Estate Property Pursuant To 11 U.S.C. Section 542 (Complaint filed 7/17/19)


      FR: 10-23-19; advanced from 2-12-20; 1-29-20


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - JUDGMENT ENTERED 3-16-2020 - (DOCKET NO. [42])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      John Richard Garcia Represented By Raymond J Bulaon

      Defendant(s):

      Angie M Garcia Pro Se

      Christina Garcia Pro Se

      Angie M. Garcia and Christina Pro Se

      Plaintiff(s):

      Weneta M.A. Kosmala, solely in her Represented By

      Reem J Bello

      Trustee(s):

      Weneta M Kosmala (TR) Represented By Reem J Bello

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC


      #18.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      3. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      4. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      5. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      6. Predatory Lending Pursuant To California Business And Professions Code Section 17200;

      7. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

        And

      8. Declaratory Relief (Complaint filed 3/20/19)

      (Default Judgment Against YES Funding, LLC on first, second, third, fourth, fifth and eighth causes of action ONLY- Docket no. [45])


      FR: 6-26-19; 8-7-19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 1-22-20


      Docket 1


      Tentative Ruling:

      Tentative for 4/15/20 is to CONTINUE to June 10, 2020 at 1:30 p.m. as a holding date. If the matter is not otherwise resolved, a status report is required 14 days prior to the continued hearing.


      The Court has reviewed the Unilateral Status Report filed 4/1/20 [Dk. 47] which states that Plaintiff will not seek judgment on the remaining causes of action and believes the case can be closed at this time. Plaintiff's statement in the Unilateral Status Report is insufficient to dispose of the remaining outstanding claims. Plaintiff is advised to file whatever it deems appropriate to dispose of the remaining claims by no later than May 11, 2020.


      Appearances for the 4/15 hearing are excused.

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      ********************************************************************************* Tentative for 1/22/20:


      The Court has received and reviewed the status report filed January 14, 2020 [Dk. 37] and will CONTINUE this matter to April 15, 2020, at 11:00 a.m. as a holding date pending the filing and resolution of Plaintiff's motion for default judgment. The motion for default judgment must be filed by no later than February 15, 2020. If the adversary proceeding is not resolved by the continued status conference date, a status report is due 14 days in advance.


      Appearance are excused.


      **************************************************************************** Tentative for 09/18/19:


      The Court will CONTINUE this matter to November 6, 2019 at 10:00 a.m. A status report is due 14 days in advance.


      Appearances are excused.


      Debtor(s):


      Party Information

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Yes Funding Services LLC Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Jeffrey I Golden

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Kyra E Andrassy Jeffrey I Golden Beth Gaschen Matthew Grimshaw


      Chapter 7

      11:00 AM

      8:19-10153


      Thomas Joseph Lynch, JR


      Chapter 7

      Adv#: 8:19-01069 OC West, LLC et al v. Lynch


      #19.00


      Hearing RE: Plaintiffs OC West, LLC, Liberty Financial USA, LLC, And Liberty Debt Solution, LLC's Motion For Summary Judgment

      (Motion filed 3/5/2020)


      Docket 58

      *** VACATED *** REASON: CONTINUED TO MAY 27, 2020 AT 11:00

      A.M. PER ORDER CONTINUING HEARING ON MOTION ENTERED 3- 24-2020 - (DOCKET NO. [70])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thomas Joseph Lynch JR Pro Se

      Defendant(s):

      Thomas Joseph Lynch Pro Se

      Plaintiff(s):

      OC West, LLC Represented By James J Orland

      Liberty Financial USA, LLC Represented By James J Orland

      Liberty Debt Solution, LLC Represented By James J Orland

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:19-11814


      Juan Arcos Munoz


      Chapter 7

      Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz


      #20.00


      Hearing RE: Motion For Judgment On The Pleadings Pursuant To Federal Rule Of Civil Procedure 12(c)

      (Motion filed 3/23/2020)


      Docket 10


      Tentative Ruling:

      Tentative for 4/15/2020 is to DENY:


      Before the Court is Defendant’s Motion for Judgment on the Pleadings under FRCP 12(c). Defendant requests that this Court dismiss Plaintiff’s Complaint for non-dischargeability causes of action under 11 U.S.C. § 523(a)(2)(A) and 11 U.S.C. § 523(a)(2)(B).


      In its Complaint, Plaintiff alleges that Defendant purchased a worker’s compensation insurance policy from Plaintiff, and engaged in an intentional fraudulent scheme to avoid paying insurance premiums to Plaintiff in connection with that policy. The Debtor’s alleged scheme included making misrepresentations of the status of his contractor’s license, fraudulently underreporting payroll, and using unlicensed subcontractors in the operation of its business as a means of avoiding workers’ compensation insurance premiums.


      "A judgment on the pleadings is properly granted when, taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter of law." Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 713 (9th Cir. 2001). A court must construe the factual allegations in the pleadings in the light most favorable to the non-moving party. Fleming v.

      Pickard, 581 F.3d 922, 925 (9th Cir. 2009). Judgment on the pleadings is only proper when there is no issue of material fact in dispute. Heliotrope Gen., Inc. v. Ford Motor Co., 189 F.3d 971, 978 (9th Cir.1999).

      11:00 AM

      CONT...


      Juan Arcos Munoz


      Chapter 7


      To demonstrate that a debt should be exempt from discharge under § 523(a) (2)(A), a creditor must prove the following 5 elements: (1) Debtor made a misrepresentation, fraudulent omission, or engaged in deceptive conduct; (2) That debtor knew the representation was false at the time he made it; (3) Debtor made the representation with the intent to deceive; (4) Creditor justifiably relied on the representation; (5) Creditor sustained damage as a proximate result of the misrepresentation. Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1246 (9th Cir. 2001). § 523(a)(2)(A) is similar to § 523(a)(2)

    2. except that (a)(2)(B) pertains to a written statement concerning a debtor’s financial condition and (a)(2)(B) imposes a heightened standard of reasonable reliance by the creditor. Am. 1st Credit Union v. Duarte (In re Duarte), 2013 WL 4238451 (C.D. Cal. 2013).


      Taking all facts in the light most favorable to Plaintiff, this Court finds that there remain issues of material fact in dispute and thus the standard outlined in Heliotrope is not satisfied. Specifically, in its Complaint [Dk. 1] and Response to Defendant’s Motion for Judgment on the Pleadings [Dk. 12], Plaintiff alleges specific facts regarding each required element of § 523(a)(2)

      (A) and (a)(2)(B). Thus, Defendant is not entitled to judgment as a matter of law, as set forth in Owens.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible.

      Party Information

      Debtor(s):

      Juan Arcos Munoz Represented By Onyinye N Anyama

      11:00 AM

      CONT...


      Juan Arcos Munoz


      Chapter 7

      Defendant(s):

      Juan Arcos Munoz Represented By Onyinye N Anyama

      Plaintiff(s):

      State Compensation Insurance Fund Represented By

      Rhett Johnson

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      11:00 AM

      8:17-12660


      Chrestotes, Inc


      Chapter 11


      #1.00


      CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

      Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/17)

      (Set at Confirmation Hearing on 10/25/18)


      FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18; 7-12-18; 8-2-18; 10-18-18;

      10-25-18; 4-18-19; 7-18-19; 1-9-20


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JUNE 25, 2020 AT 11:00

      A.M. PER ORDER CONTINUING STATUS CONFERENCE AND REQUIRING POST-CONFIRMATION STATUS REPORT ENTERED 4-7- 2020 - (DOCKET NO. [295])

      Party Information

      Chrestotes, Inc Represented By David A Tilem

      11:00 AM

      8:18-14052


      Kendall Frozen Fruits, Inc.


      Chapter 11


      #2.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 11/5/18)


      FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19; 3-7-19; 6-13-19; 9-19-19; 1-9-20


      Docket 14


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JUNE 11, 2020 AT 11:00

      A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 4- 7-2020 - (DOCKET NO. [285])

      Party Information

      Kendall Frozen Fruits, Inc. Represented By Steven Werth

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #3.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 9/26/19) FR: 11-21-19; 1-9-20

      Docket 0


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO AUGUST 6, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION CONTINUING HEARING ENTERED 4-7-2020 - (DOCKET NO. [183])

      Party Information

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01087 TD REO Fund LLC v. Nih


      #4.00


      PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


      FR: 8-8-19


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO MAY 14, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO EXTEND DATES AND DEADLINES ENTERED 8-26-19 - (DOCKET NO. [17])

      Party Information

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Paul Nih Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01090 TD REO Fund LLC v. Will


      #5.00


      PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


      FR: 8-8-19


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO MAY 14, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO EXTEND DATES AND DEADLINES ENTERED 8-26-19 - (DOCKET NO. [17])

      Party Information

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Michael J. Will Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis


      Monday, April 20, 2020 Hearing Room 5C


      9:00 AM

      8:18-13588


      Tim M. McKenna


      Chapter 7

      Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


      #1.00


      TRIAL RE: Complaint Objecting To Debtor's Discharge Under 11 U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

      (Complaint filed 1/4/19)

      (TRIAL set at PTC held 12/18/19) FR: 4-3-19; 12-18-19

      Docket 1

      *** VACATED *** REASON: CONTINUED TO JUNE 16, 2020 AT 9:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE TRIAL AND ALL RELATED DEADLINE ENTERED 3-19-2020 - (DOCKET NO. [44])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Tim M. McKenna Represented By Michael G Spector

      Defendant(s):

      Tim M. McKenna Pro Se

      Plaintiff(s):

      Law Offices of Michelle J. Sukhov, Represented By

      Michelle J Nelson

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

      10:00 AM

      6:19-20521


      Sean Randall Ehart and Kristi Ann Ehart


      Chapter 7


      #1.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Ford Motor Credit Company vs. DEBTOR (Motion filed 3/24/20)


      Re: 2015 FORD EXPLORER VIN 1FM5K7F82FGA94674


      EH            


      Docket 21


      Tentative Ruling:

      Tentative for 4/28/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Sean Randall Ehart and Kristi Ann Ehart


      Chapter 7

      Sean Randall Ehart Represented By Todd L Turoci

      Joint Debtor(s):

      Kristi Ann Ehart Represented By Todd L Turoci

      Movant(s):

      Ford Motor Credit Company LLC Represented By

      Sheryl K Ith

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:19-21209


      Michael Killingsworth and Cynthia Killingsworth


      Chapter 7


      #2.00


      Aldridge Pite, LLP - movant attorney Motion to Relief from Stay

      U.S. Bank, N.A. vs. DEBTORS (Motion filed 3/26/20)


      RE: 1668 Tamarron Drive, Corona, California 92883 EH     

      (Tele. appr. Josephine Salmon rep. creditor, U.S. Bank)


      Docket 23


      Tentative Ruling:

      Tentative for 4/28/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      10:00 AM

      CONT...


      Debtor(s):


      Michael Killingsworth and Cynthia Killingsworth

      Party Information


      Chapter 7

      Michael Killingsworth Represented By Paul Y Lee

      Joint Debtor(s):

      Cynthia Killingsworth Represented By Paul Y Lee

      Movant(s):

      U.S. Bank NA, successor trustee to Represented By

      Josephine E Salmon

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-11814


      WC Hardwood Floors


      Chapter 7


      #3.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Cab West LLC vs. DEBTOR (Motion filed 3/18/20)


      Re: 2019 Ford Explorer; VIN# 1FM5K8GT4KGA41929


      EH            


      Docket 5


      Tentative Ruling:

      Tentative for 4/28/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      WC Hardwood Floors


      Chapter 7

      WC Hardwood Floors Represented By Julie J Villalobos

      Movant(s):

      Cab West LLC Represented By John H Kim

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-11814


      WC Hardwood Floors


      Chapter 7


      #4.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Cab West LLC vs. DEBTOR (Motion filed 3/18/20)


      Re: 2018 Ford F150; VIN# 1FTEW1EG3JFD03806


      EH            


      Docket 6


      Tentative Ruling:

      Tentative for 4/28/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      WC Hardwood Floors


      Chapter 7

      WC Hardwood Floors Represented By Julie J Villalobos

      Movant(s):

      Cab West LLC Represented By John H Kim

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-11814


      WC Hardwood Floors


      Chapter 7


      #5.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Cab West LLC vs. DEBTOR (Motion filed 3/18/20)


      Re: 2018 Ford Expedition; VIN# 1FMJU2AT2JEA67471 EH            

      Docket 7


      Tentative Ruling:

      Tentative for 4/28/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      WC Hardwood Floors


      Chapter 7

      WC Hardwood Floors Represented By Julie J Villalobos

      Movant(s):

      Cab West LLC Represented By John H Kim

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-11814


      WC Hardwood Floors


      Chapter 7


      #6.00


      Cooksey Toolen Gage Duffy & Woog - movant attorney Motion for Relief from Stay

      Ford Motor Credit Company, LLC vs. DEBTOR (Motion filed 3/26/20)


      RE: 2017 Ford Tran Conn. Van; VIN# NM0LE6E70H1316542


      EH        


      Docket 13


      Tentative Ruling:

      Tentative for 4/28/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      WC Hardwood Floors


      Chapter 7

      WC Hardwood Floors Represented By Julie J Villalobos

      Movant(s):

      Ford Motor Credit Company LLC Represented By

      John H Kim

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-12086


      Chad Garrett Hill


      Chapter 7


      #7.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Daimler Trust vs. DEBTOR, Charles W. Daff, trustee (Motion filed 3/23/20)


      Re: 2018 Mercedes-Benz C300W, VIN: 55SWF4JB8JU246425


      EH            


      Docket 9


      Tentative Ruling:

      Tentative for 4/28/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Chad Garrett Hill


      Chapter 7

      Chad Garrett Hill Represented By Carey C Pickford

      Movant(s):

      Daimler Trust Represented By

      Sheryl K Ith

      Trustee(s):

      Charles W Daff (TR) Pro Se

      10:00 AM

      6:20-12089


      Christian Alejandro Hadad


      Chapter 7


      #8.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Kinecta Federal Credit Union vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 4/2/20)


      Re: 2012 Toyota Corolla, VIN: 2T1BU4EE8CC854155


      EH            


      Docket 8


      Tentative Ruling:

      Tentative for 4/28/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Christian Alejandro Hadad


      Chapter 7

      Christian Alejandro Hadad Represented By Keith Q Nguyen

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      11:00 AM

      6:16-10016


      Rene Beltran and Nora Beltran


      Chapter 7


      #9.00


      Hrg. on chapter 7 trustee's Motion filed 3/24/20 for Order Compelling Debtors to Turnover Property of the Estate Pursuant to 11 U.S.C. §542


      EH            


      Docket 59


      Tentative Ruling:

      Tentative for 4/28/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Rene Beltran Represented By

      Leonard Pena

      Joint Debtor(s):

      Nora Beltran Represented By

      Leonard Pena

      11:00 AM

      CONT...

      Trustee(s):


      Rene Beltran and Nora Beltran


      Chapter 7

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:17-17688


      Luis A Ranero


      Chapter 7


      #10.00


      Hrg. on trustee's final report; applications for compensation EH            

      (Tele. appr. David Goodrich, rep. trustee, Lynda Bui)


      Docket 0


      Tentative Ruling:

      Tentative for 4/28/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Luis A Ranero Represented By Aaron Lloyd

      Trustee(s):

      Lynda T. Bui (TR) Represented By David M Goodrich

      11:00 AM

      CONT...


      Luis A Ranero


      Dale K Galipo


      Chapter 7

      11:00 AM

      6:18-14858


      Chantal Aleman Gomez


      Chapter 7


      #11.00


      Hrg. on trustee's final report; applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 4/28/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Chantal Aleman Gomez Represented By Paul Y Lee

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      11:00 AM

      6:18-15760


      Carlos R. Garcia and Margarita Garcia


      Chapter 7


      #12.00


      Hrg. on trustee's final report; applications for compensation EH            

      Docket 56


      Tentative Ruling:

      Tentative for 4/28/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Carlos R. Garcia Represented By Keith Q Nguyen

      Joint Debtor(s):

      Margarita Garcia Represented By Keith Q Nguyen

      11:00 AM

      CONT...

      Trustee(s):


      Carlos R. Garcia and Margarita Garcia


      Chapter 7

      Karl T Anderson (TR) Represented By Hydee J Riggs

      1:30 PM

      6:12-28006


      City of San Bernardino, California


      Chapter 9

      Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


      #13.00


      Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings


      (Cont. from 3/31/20)


      EH            


      Docket 0

      *** VACATED *** REASON: Cont. to 5/26/20 @ 1:30 p.m. by order signed on 4/24/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      City of San Bernardino, California Represented By

      Paul R. Glassman Fred Neufeld Laura L Buchanan

      Defendant(s):

      City of San Bernardino Represented By Paul R. Glassman

      Plaintiff(s):

      PLACO SAN BERNARDINO, Represented By Raymond B Kim

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #14.00


      Hrg. on Application for Compensation First Interim Application for an Award of Fees and Costs for Counsel for the Debtor-in-Possession for Services Provided from the Petition Date Through February 29, 2020


      EH     


      (Tele. appr. Stephen Fox, rep. Debtor, O'Linn Security Incorporated)


      Docket 196


      Tentative Ruling:

      Tentative for 4/28/20 is to APPROVE fees of $95,813.00 and expenses of

      $7,443.11. In addition to the permanent reductions in fees reflected in the Stipulation filed 4/24/20 [Dk. 228], fees of $1,260.00 shall be disallowed without prejudice, as the charges relate to Applicant's correction of a mistakenly filed proof of service of bar date notice. Applicant may request the

      $1,260.00 in fees in a future fee application, with further explanation, if appropriate.


      Applicant is to ensure that payment of the approved fees complies with its agreement with Debtor, as reflected in ¶ D of page 2 of the Stipulation [Dk. 228].

      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.

      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #15.00


      Hrg. on Application for Compensation First Interim Application for an Award of Fees and Costs for Special Counsel for General Litigation the Debtor-in- Possession for Services Provided from the Petition Date Through February 29, 2020


      EH        


      (Tele. appr. Stephen Fox, rep. Debtor, O'Linn Security Incorporated)


      Docket 197


      Tentative Ruling:

      Tentative for 4/28/20 is to APPROVE as requested.


      Applicant is to ensure that payment of the approved fees complies with any agreement made with Debtor, as reflected in ¶ D of page 2 of the Stipulation filed 4/24/20 [Dk. 228].


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      1:30 PM

      CONT...

      Debtor(s):


      O'Linn Security Incorporated


      Chapter 11

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      Movant(s):

      Lawrence & Associates Pro Se

      1:30 PM

      6:15-14566


      Halo Sports Bar and Grill, Inc.


      Chapter 7

      Adv#: 6:19-01044 Simons (TR) v. City of Hesperia


      #9.00


      STATUS CONFERENCE re: Complaint by Larry D Simons (TR) against County Of San Bernardino, City of Hesperia - Declaratory judgment, validity, priority or extent of lien or other interest in property


      EH            


      (Cont. from 3/4/20)


      Docket 1

      Debtor(s):

      *** VACATED *** REASON: Default Judgment Granted on 4/20/20 - jc Party Information

      Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade

      W. Derek May

      Defendant(s):

      City of Hesperia Pro Se

      Plaintiff(s):

      Larry D Simons (TR) Pro Se

      Trustee(s):

      Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin

      Stephen F Biegenzahn

      1:30 PM

      6:15-14566


      Halo Sports Bar and Grill, Inc.


      Chapter 7

      Adv#: 6:19-01044 Simons (TR) v. City of Hesperia


      #10.00


      Hrg on Plaintiff's Motion filed 2/12/20 for Default Judgment against City of Hesperia


      EH         


      (Cont. from 3/4/20)


      Docket 23

      Debtor(s):

      *** VACATED *** REASON: Default Judgment Granted on 4/20/20 - jc Party Information

      Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade

      W. Derek May

      Defendant(s):

      City of Hesperia Pro Se

      Plaintiff(s):

      Larry D Simons (TR) Pro Se

      Trustee(s):

      Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin

      Stephen F Biegenzahn

      1:30 PM

      6:17-13972


      Coracel Suratos Templo


      Chapter 7

      Adv#: 6:19-01162 Jimenez v. Templo


      #11.00


      STATUS CONFERENCE re Complaint by Rebecca Marie Jimenez against Coracel Suratos Templo- §§523(a)(2), 523(a)(4), 523(a)(6)


      EH         


      (Cont. from 2/19/20)


      Docket 1

      *** VACATED *** REASON: Cont. to 6/24/20 @ 1:30 p.m. by order signed on 4/23/20 - jc

      Party Information

      Debtor(s):

      Coracel Suratos Templo Represented By Neil R Hedtke

      Christopher Hewitt

      Defendant(s):

      Coracel Suratos Templo Pro Se

      Plaintiff(s):

      Rebecca Marie Jimenez Represented By Jeffrey G Jacobs

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:18-15684


      Christopher John Mulvania


      Chapter 7

      Adv#: 6:18-01201 Turoci v. Mulvania


      #12.00


      STATUS CONFERENCE Re: Complaint by Todd Turoci against Christopher John Mulvania - §523(a)(2)(A), (B), §727(c),(d),(e)


      (Cont. from 2/19/20) EH            


      Docket 1

      *** VACATED *** REASON: Order Dismissing complaint entered 12/23/19 - jc

      Party Information

      Debtor(s):

      Christopher John Mulvania Represented By

      Bryant C MacDonald

      Defendant(s):

      Christopher John Mulvania Pro Se

      Plaintiff(s):

      Todd Turoci Represented By

      Todd L Turoci

      Trustee(s):

      Larry D Simons (TR) Pro Se

      1:30 PM

      6:19-10179


      Hector M Araiza, Jr.


      Chapter 7

      Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.


      #13.00


      PRE-TRIAL CONFERENCE re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - §§523(a)(2), 523(a)(4), 523(a)(6)


      Docket 1

      *** VACATED *** REASON: Cont. to 6/10/20 @ 1:30 p.m. by order signed on 3/30/20 - jc

      Party Information

      Debtor(s):

      Hector M Araiza Jr. Represented By

      W. Derek May

      Defendant(s):

      Hector M Araiza Jr. Represented By

      W. Derek May

      Plaintiff(s):

      Jeffrey Barnes Represented By William E Adams

      Shirley A Barnes Represented By William E Adams

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      10:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7

      Adv#: 8:20-01017 Casey v. Arroyo et al


      #1.00


      STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Leopoldo A. Arroyo and Amparo Arroyo, Individually And As Trustee Of The Arroyo Living Trust Dated November 19, 2001 For:

      1. Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);

      2. Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);

      3. Avoidance Of Preferential Transfer Under 11 U.S.C. Section 547;

      4. Recovery Of Transfer Per 11 U.S.C. Section 550; And

      5. Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542 (Complaint filed 2/11/20)


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JULY 1, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 4-13-2020 - (DOCKET NO. [9])

      Party Information

      Brooks T Morgan Represented By

      Catherine Christiansen

      Defendant(s):

      Leopoldo A. Arroyo Pro Se

      Amparo Arroyo Pro Se

      Leopoldo A. Arroyo and Amparo as Pro Se

      Plaintiff(s):

      Thomas H Casey Represented By Thomas H Casey

      10:00 AM

      CONT...

      Trustee(s):


      Brooks T Morgan


      Chapter 7

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      10:00 AM

      8:19-14348


      Alisandro Romero


      Chapter 7

      Adv#: 8:20-01015 Petersen v. Romero


      #2.00


      STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Sections 727(a)(3) And 727(a)(4)(a) & (B) (Complaint filed 2/7/2020)


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: OFF CALENDAR - PRETRIAL CONFERENCE SET FOR OCTOBER 21, 2020 AT 10:00 A.M. PER ORDER SETTING SCHEDULING DEADLINES AND PRETRIAL CONFERENCE ENTERED 4-23-2020 - (DOCKET NO. [7])

      Party Information

      Alisandro Romero Represented By Rex Tran

      Defendant(s):

      Alisandro Romero Pro Se

      Plaintiff(s):

      Michael Petersen Pro Se

      Trustee(s):

      Karen S Naylor (TR) Represented By Nanette D Sanders

      10:00 AM

      8:19-10153


      Thomas Joseph Lynch, JR


      Chapter 7

      Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch


      #3.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint To Determine The Dischargeability Of Debts Pursuant To 11 U.S.C. Section 523(a) (2)(A)

      (Complaint filed 4/23/19)

      (First Amended Complaint filed 7/3/19) (PTC set at S/C held 10/2/19)


      FR: 7-17-19; 10-2-19


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JUNE 24, 2020 AT 10:00

      A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 3-30-2020 - (DOCKET NO. [48])

      Party Information

      Thomas Joseph Lynch JR Represented By Patrick OKennedy

      Defendant(s):

      Thomas Joseph Lynch Jr. Pro Se

      Plaintiff(s):

      NuVision Federal Credit Union Represented By Alana B Anaya

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al


      #4.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19)

      (Another Summons issued 9-27-19) FR: 8-8-19; 11-7-19; 12-18-19; 2-20-20

      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JUNE 10, 2020 AT 11:00

      A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 4- 23-2020 - (DOCKET NO. [44])

      Party Information

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Loisanne Sage Pro Se

      Loisanne Sage as the trustee of the Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:19-10347


      Hassan Abbas Kassir


      Chapter 7

      Adv#: 8:19-01080 Marshack v. Kassir


      #5.00


      CONT'D Hearing RE: Defendant's Motion To Withdraw And Amend Deemed Admissions And For Relief Under FRCP 36(b)

      (Motion filed 3/10/2020) (OST Entered 3/12/2020)


      FR: 3-31-20


      Docket 48


      Debtor(s):

      *** VACATED *** REASON: OFF CALENDAR - PER ORDER GRANTING MOTION TO WITHDRAW DEEMED ADMISSIONS, VACATING HEARING AND CONTINUING STATUS CONFERENCE ENTERED 4-22-2020 - (DOCKET NO. [64])

      Party Information

      Hassan Abbas Kassir Pro Se

      Defendant(s):

      Hassan Abbas Kassir Pro Se

      Plaintiff(s):

      Richard A Marshack Represented By Donald W Sieveke

      Trustee(s):

      Richard A Marshack (TR) Represented By Donald W Sieveke

      11:00 AM

      8:19-10349


      Sukeinah Hassan Kassir


      Chapter 7

      Adv#: 8:19-01081 Marshack v. Kassir


      #6.00


      CONT'D Hearing RE: Defendant's Motion To Withdraw And Amend Deemed Admissions And For Relief Under FRCP 36(b)

      (Motion filed 3/10/2020) (OST Entered 3/12/2020)


      FR: 3-31-20


      Docket 50


      Debtor(s):

      *** VACATED *** REASON: OFF CALENDAR - PER ORDER GRANTING MOTION TO WITHDRAW DEEMED ADMISSIONS, VACATING HEARING AND CONTINUING SCHEDULING DATES ENTERED 4-22-2020 - (DOCKET NO. [66])

      Party Information

      Sukeinah Hassan Kassir Pro Se

      Defendant(s):

      Sukeinah Hassan Kassir Pro Se

      Plaintiff(s):

      Richard A Marshack Represented By Donald W Sieveke

      Trustee(s):

      Richard A Marshack (TR) Represented By Donald W Sieveke

      11:00 AM

      8:19-10349


      Sukeinah Hassan Kassir


      Chapter 7

      Adv#: 8:19-01130 Marshack v. Kassir et al


      #7.00


      CONT'D Hearing RE: Defendant's Motion To Withdraw And Amend Deemed Admissions And For Relief Under FRCP 36(b)

      (Motion filed 3/6/2020) (OST Denied 3/6/2020)


      FR: 3-31-2020


      Docket 43

      *** VACATED *** REASON: OFF CALENDAR - PER ORDER MOTION TO WITHDRAW DEEMED ADMISSIONS, VACATING HEARING AND CONTINUING SCHEDULING DATES - DOCKET NO. [67])

      Party Information

      Debtor(s):

      Sukeinah Hassan Kassir Pro Se

      Defendant(s):

      Mohammad Mahdi Kassir Represented By Vikrant Chaudhry

      Mohammad Abbas Kassir Represented By Vikrant Chaudhry

      Ali Al-Hadi Kassir Represented By Vikrant Chaudhry

      Sukeinah Kassir Represented By Vikrant Chaudhry

      Plaintiff(s):

      Richard A Marshack Represented By Donald W Sieveke

      11:00 AM

      CONT...

      Trustee(s):


      Sukeinah Hassan Kassir


      Chapter 7

      Richard A Marshack (TR) Represented By Donald W Sieveke

      11:00 AM

      8:19-13930


      Jonathan James Lagman and Samantha Page Lagman


      Chapter 11


      #8.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 10/7/19)


      FR: 11-21-19; advanced from 2-12-20; 1-30-20


      Docket 7


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JUNE 11, 2020 AT 11:00

      A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 4- 10-2020 - (DOCKET NO. [54])

      Party Information

      Jonathan James Lagman Represented By Michael Jones

      Joint Debtor(s):

      Samantha Page Lagman Represented By Michael Jones

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #8.10


      Hearing RE: Motion To Approve Compromise With Suneet Singal, First Capital Real Estate Investments, LLC And Central Valley Gas Stations Atwater Partnership, LLC

      (Motion filed 4/2/2020)


      Docket 1156


      Debtor(s):

      *** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO APPROVE COMPROMISE ENTERED 4-23-2020 - (DOCKET NO. [1202])

      Party Information

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

      10:00 AM

      8:20-10448


      Shyanne Margarita Palos


      Chapter 7


      #1.00


      Motion for relief from stay [Personal Property]


      Exeter Finance, LLC vs. DEBTOR (Motion filed 3/23/2020)


      [RE: 2012 Toyota Matrix Sport Wagon 4D - VIN No.: 2T1KU4EE0CC826348]


      Docket 13


      Tentative Ruling:

      Tentative for 5/7/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Shyanne Margarita Palos Represented By

      Pamela N Buckner-Davis

      10:00 AM

      CONT...

      Trustee(s):


      Shyanne Margarita Palos


      Chapter 7

      Thomas H Casey (TR) Pro Se

      10:00 AM

      8:19-13369


      Hussein Salah Suheimat and Lucy Emmanuel Shirajian


      Chapter 7


      #2.00


      CONT'D Motion for relief from stay [Real Property]


      Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 11/27/19)

      (Amended Motion filed 12/3/19)


      [RE: 9 Verano, Foothill Ranch, California 92610]


      FR: 12-19-19; 2-20-20


      Docket 41

      *** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED 4-9-2020 - (DOCKET NO. [100])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Hussein Salah Suheimat Represented By Michael A Cisneros

      Joint Debtor(s):

      Lucy Emmanuel Shirajian Represented By Michael A Cisneros

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:19-13369


      Hussein Salah Suheimat and Lucy Emmanuel Shirajian


      Chapter 7


      #3.00


      CONT'D Motion for relief from stay [Real Property]


      Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 12/6/19)


      [RE: 9 Verano, Foothill Ranch, CA 92610]


      FR: 1-9-20; 2-20-20


      Docket 48

      *** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOVANT'S MOTION FOR RELIEF FROM AUTOMATIC STAY FILED 3-30-2020 - (DOCKET NO. [99])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Hussein Salah Suheimat Represented By Michael A Cisneros

      Joint Debtor(s):

      Lucy Emmanuel Shirajian Represented By Michael A Cisneros

      Trustee(s):

      Karen S Naylor (TR) Represented By Arturo M Cisneros

      11:00 AM

      8:17-11743


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      #4.00


      Hearing RE: Objections To Claims:


      Claim Number 3 California Department of Industrial $48,750.00 Relations - CAL/OSHA


      Claim Number 10 California Department of Industrial $1,081,640.00 Relations - CAL/OSHA


      Warning: See docket entry no.: [276] for corrections - Modified on 3/9/2020 (Bolte, Nickie).


      Docket 274


      Tentative Ruling:

      Tentative for 5/7/20:


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      Party Information

      Debtor(s):

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      11:00 AM

      CONT...

      Trustee(s):


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11

      David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

      11:00 AM

      8:17-11743


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      #4.10


      Hearing RE: Third Interim Application For Allowance And Payment Of Fees and Reimbursement Of Expenses For The Period From April 10, 2019 Through April 10, 2020

      (Application filed 4/16/2020)


      [RE: WEILAND GOLDEN GOODRICH, LLP - Attorney for Chapter 11 Trustee]

      [Fees: $64,135.00; Expenses: $1,006.58]


      Docket 288

      *** VACATED *** REASON: CONTINUED TO MAY 28, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 4-27-2020 - [DOCKET NO. [293])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      Trustee(s):

      David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

      11:00 AM

      8:17-11743


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      #4.20


      Hearing RE: Second Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 12, 2019 Through April 15, 2020 (Application filed 4/15/2020)


      [RE: DAVID M. GOODRICH - Chapter 11 Trustee] [Fees: $83,063.38; Expenses: $1,668.93]


      Docket 286

      *** VACATED *** REASON: CONTINUED TO MAY 28, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 4-27-2020 - [DOCKET NO. [293])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      Trustee(s):

      David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #5.00


      Hearing RE: Debtor's Motion For Order Disallowing Claim: (Motion filed 3/24/2020)


      Claim No. 40-1 American Surveying & Mapping, Inc. $51,618.75


      Docket 166


      Tentative Ruling:

      Tentative for 5/7/20 is to SUSTAIN.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #6.00


      Hearing RE: Debtor's Motion For Order Disallowing Claim: (Motion filed 3/24/2020)


      Claim No. 44-1 Mary Devereux $6,000.00


      Docket 164


      Tentative Ruling:

      Tentative for 5/7/20 is to SUSTAIN.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #7.00


      Hearing RE: Debtor's Motion For Order Disallowing Claim: (Motion filed 3/24/2020)


      Claim No. 4-1 Clark Hill Strasburger $25,2000.96


      Docket 165


      Tentative Ruling:

      Tentative for 5/7/20 is to SUSTAIN.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #8.00


      Hearing RE: Motion For Order Approving Disclosure Statement Describing Chapter 11 Plan Proposed By The Debtor

      (D.S. filed 2/12/20) (Motion filed 2/27/20)


      Docket 102

      *** VACATED *** REASON: CONTINUED TO AUGUST 6, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 4-7-2020 - (DOCKET NO. [183])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      Trustee(s):

      Rich Porter Pro Se

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #9.00


      Hearing RE: Debtor's Motion For Order Reducing Amount Of Claim: (Motion filed 3/26/2020)


      [Claim No. 8-1 Verizon $3,528.75


      Docket 171

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF DEBTOR'S NOTICE OF MOTION AND MOTION FILED 3-31-2020 - (DOCKET NO. [178])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:20-10754


      Gary Song Jiunn Mor


      Chapter 11


      #10.00


      STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

      1. Requiring Status Report (Petition filed 3/2/2020)


        Docket 13


        Tentative Ruling:

        Tentative for 5/7/20:


        The Court is inclined to set the following dates/deadlines:


        1. Deadline for filing a plan and disclosure Statement: September 30, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


        2. Deadline to object to claims: August 7, 2020.


        3. Continued status conference: October 22, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Debtor is to lodge an order within seven days.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      Party Information

      Debtor(s):

      Gary Song Jiunn Mor Represented By

      11:00 AM

      CONT...


      Gary Song Jiunn Mor


      Andy C Warshaw


      Chapter 11

      11:00 AM

      8:20-10754


      Gary Song Jiunn Mor


      Chapter 11


      #11.00


      CONT'D Hearing RE: Emergency Motion For Interim Order Authorizing Debtor In Possession To Use Cash Collateral Under 11 U.S.C. Section 363(e) (Motion filed 3/2/2020)


      FR: 3-5-2020


      Docket 10


      Tentative Ruling:

      Tentative for 5/7/20:


      The Court is unable to approve final use of cash collateral until Debtor properly serves the primary affected creditor, Sterling National Bank. FRBP 4001 requires that a cash collateral motion be served pursuant to FRBP 9014, which in turn requires service pursuant to FRBP 7004. FRBP 7004(h) requires that service on an FDIC-insured depository institution be made by certified mail and addressed to an officer of the institution. It appears that Debtor did not serve Sterling National Bank at the correct address by certified mail, or address the mailed service to an officer as required.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.

      Party Information

      Debtor(s):

      Gary Song Jiunn Mor Represented By Andy C Warshaw

      11:00 AM

      8:20-10790


      Cynthia Lee Owens


      Chapter 11


      #12.00


      STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

      (2) Requiring Status Report (Petition filed 3/4/2020)


      Docket 13

      *** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 3-19-2020 - (DOCKET NO. [17])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Cynthia Lee Owens Pro Se

      11:00 AM

      8:20-10790


      Cynthia Lee Owens


      Chapter 11


      #13.00


      Motion for relief from stay [Real Property]


      MUFG Union Bank, N.A., f/k/a Union Bank, N.A. vs. DEBTOR (Motion filed 4/2/2020)


      [RE: 12 Oak Canyon Trail, Coto De Caza, California 92679]


      Docket 19

      *** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 3-19-2020 - (DOCKET NO. [17])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Cynthia Lee Owens Pro Se

      11:00 AM

      8:20-10803


      Veronique's Gourmet Corporation


      Chapter 11


      #14.00


      STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

      (2) Requiring Status Report (Petition filed 3/5/2020)


      Docket 14


      Tentative Ruling:

      Tentative for 5/7/20 is to CONTINUE this status conference to 5/28/2020 at 11:00 a.m. to be held concurrently with the hearing on Debtor's Motion to Dismiss filed 5/1/20 [Dk. 66]. An updated status report is not required; however, Debtor must provide a supplemental declaration, by no later than 5/14/2020, which demonstrates in specific detail whether dismissal is in the best interest of all creditors. The UST should be prepared to weigh in on the Motion to Dismiss either by declaration or telephonically at the 5/28 hearing.


      Appearances for the 5/7 hearing are excused.

      Party Information

      Debtor(s):

      Veronique's Gourmet Corporation Represented By

      Lionel E Giron

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #15.00


      Hearing RE: Second Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 1, 2019 Through March 31, 2020.

      (Application filed 4/16/2020)


      [RE: BORDE LAW, PLLC - Attorney for Debtor - REO FUND, LLC] [Fees: $9,282.50; Expenses: $ 822.56]


      Docket 1182


      Tentative Ruling:

      Tentative for 5/7/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston


      Chapter 11

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #16.00


      Hearing RE: Second Interim Application For Compensation Of Contingency Fees And Hourly Fees And Reimbursement Of Expenses For The Period From November 1, 2019 Through April 8, 2020

      (Application filed 4/16/2020)


      [RE: BRUTZKUS GUBNER - Special Litigation Counsel For Debtor and Debtors-n-Possession]


      1. Contingency Fees And Reimbursement Of Expenses Related To The Settlements With Defendants, Paul Nih, Wayne And Lynn Masunaga, Norma Mukda, Loisanne Sage And Trustee Of The Sage III Family Revocable Trust, Winget, Spadafora, Schwatzberg, LLP, Micahel J. Will, And Sunseet Singal, First Capital Real Estate Investments, LLC And Central Valley Gas Stations Atwater Partnership, LLC

        [Fees: $637,500.00; Expenses: $0.00]


      2. Hourly Fees And Reimbursement Of Expenses Pursuant To The Expanded Employment Order

      [Fees: $18,987.00; Expenses: $7,278.16]


      TOTAL ALL FEES: $663,765.06; EXPENSES: $7,278.16]


      Docket 1186


      Tentative Ruling:

      Tentative for 5/7/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #17.00


      Hearing RE: Eighth Application For Payment Of Interim Fees And Expenses For The Period From November 1, 2019 Through March 31, 2020 (Application filed 4/16/2020)


      [RE: RUTAN & TUCKER, LLP - Special Counsel for Debtor and Debtor-In- Possession]

      [Fees: $33,825.50; Expenses: $9.08]


      Docket 1185


      Tentative Ruling:

      Tentative for 5/7/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston


      Chapter 11

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #18.00


      Hearing RE: Seventh Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 19, 2019 Through April 8, 2020

      (Application filed 4/16/2020)


      [RE: SMILEY WANG-EKVALL, LLP's - Attorneys for Debtor and Debtor-In- Possesion]

      [Fees: $197,729.70: Expenses: $2,171.75]


      Docket 1183


      Tentative Ruling:

      Tentative for 5/7/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

      Kathy Bazoian Phelps Timothy W Evanston


      Chapter 11

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #19.00


      Hearing RE: Seventh Interim Application For Payment Of Fees And Reimbursement Of Expenses For The Period From November 21, 2019 Through April 15, 2020

      (Application filed 4/16/2020)


      [RE: MENCHACA & COMPANY, LLP - Accountants For Debtors and Debtors-In-Possession]]

      [Fees: $14,976.00; Expenses: $0.00]


      Docket 1193


      Tentative Ruling:

      Tentative for 5/7/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

      Kathy Bazoian Phelps Timothy W Evanston


      Chapter 11

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #20.00


      Hearing RE: Fifth Interim Fee Application For Payment Of Fees And Reimbursement Of Expenses For The Period From November 1, 2019 Through March 31, 2020

      (Application filed 4/16/2020)


      [RE: SULMEYERKUPETZ, A Professional Corporation - Attorneys For Official Committee Of Unsecured Creditors Of TD REO Fund, LLC, TD Opportunity Fund, LLC, WJA Secure Real Estate Fund, LLC, And Equity Index Managed Fund, LLC]

      [Fees: $34,687.50, Expenses: $64.00]


      Docket 1190


      Tentative Ruling:

      Tentative for 5/7/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston


      Chapter 11

      10:00 AM

      6:16-18528


      GRK Property LLC


      Chapter 7


      #1.00


      Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay

      HSBC Bank USA, National Association vs. DEBTOR (Motion filed 4/7/20)


      Re: 309 Via Napoli, Cathedral City, CA 92234 EH            

      (Tele. appr. Arnold Graff, rep. creditor, HSBC Bank)


      Docket 32


      Tentative Ruling:

      Tentative for 5/12/20:


      Grant pursuant to § 362(d)(1) and (d)(2) with 4001(a)(3) waiver, and requested annulment.


      The request for relief pursuant to § 362(d)(4) is denied. A foreclosing lender is not "a creditor whose claim is secured by an interest in the property" entitled to relief under § 362(d)(4). In re Stokes, BAP No. MT-18-1293-BHF, December 16, 2019 (citing In re Ellis, 523 B.R. at 678-79).


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no

      10:00 AM

      CONT...


      GRK Property LLC


      Chapter 7

      need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      GRK Property LLC Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-10088


      Kenneth Gregory Rice


      Chapter 7


      #2.00


      Leader-Picone & Young, LLP - movant attorney Motion for Relief from Stay

      OE Federal Credit Union vs. DEBTORS (Motion filed 2/21/20)


      Re: 4170 Needles Highway, Space 28, Needles, CA 92363 (Cont. from 4/14/20)

      EH            


      Docket 15


      Tentative Ruling:

      Tentative for 5/12/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      10:00 AM

      CONT...


      Kenneth Gregory Rice


      Chapter 7

      ******************************************************************************* Tentative for 4/14/20 is to CONTINUE to May 12, 2020 at 10:00 a.m., to allow Movant to provide proper notice.


      The Notice of Continued hearing filed on 3/10/20 [Dk. 18] provides notice of the continued hearing date, but does not advise Debtor that a response is due 14 days in advance, as required by LBR 9013-1(c)(2).


      Appearances for the 4/14/20 hearing are excused.


      *************************************************************************** Tentative for 3/10/20 is to CONTINUE to April 14, 2020 at 10:00 a.m., to allow Movant to provide proper notice.


      The motion was filed on 2/21/20, served on Debtor by mail, and set for hearing on 3/10/20. LBR 9013-1(d) specifies that notice must be filed and served not later than 21 days before the hearing date, and FRBP 9006(f) requires that an additional 3 days be provided for motions served by mail.


      The 3/10/20 hearing will not be held.


      Party Information

      Debtor(s):

      Kenneth Gregory Rice Represented By Todd L Turoci

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-11366


      Tracie Anne Mckray


      Chapter 7


      #3.00


      McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay

      M & T Bank vs. DEBTOR (Motion filed 4/13/20)


      RE: 29112 Lyon Drive, Cedar Glen, CA 92321 EH     

      Docket 20


      Tentative Ruling:

      Tentative for 5/12/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Tracie Anne Mckray Represented By Brad Weil

      Movant(s):

      M&T Bank Represented By

      10:00 AM

      CONT...


      Trustee(s):


      Tracie Anne Mckray


      Nancy L Lee


      Chapter 7

      Karl T Anderson (TR) Pro Se

      11:00 AM

      6:16-20216


      Stacey L. Alvarez


      Chapter 7


      #4.00


      Hrg. on approval of trustee's final report; applications for compensation EH            

      (Tele. appr. Stacey Alvarez, rep. trustee, Steven Speier)


      Docket 0


      Tentative Ruling:

      Tentative for 5/12/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Stacey L. Alvarez Represented By Keith Q Nguyen

      Trustee(s):

      Steven M Speier (TR) Represented By Arturo M Cisneros Christina J Khil

      11:00 AM

      6:18-11313


      Raul M. Romero and Dora M. Romero


      Chapter 7


      #5.00


      Hrg. on trustee's final report; applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 5/12/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Raul M. Romero Represented By Freddie V Vega

      Joint Debtor(s):

      Dora M. Romero Represented By Freddie V Vega

      Trustee(s):

      Arturo Cisneros (TR) Represented By

      11:00 AM

      CONT...


      Raul M. Romero and Dora M. Romero

      Karen S. Naylor

      Ringstad & Sanders LLP


      Chapter 7

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #6.00


      Hrg. on Second Amended Disclosure Statement (Cont. from 4/14/20)

      Docket 0

      *** VACATED *** REASON: Cont. to 5/26/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #7.00


      Hrg. on Chapter 11 Status Conference (Cont. from 4/14/20)

      Docket 0

      *** VACATED *** REASON: Cont. to 5/26/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-20116


      Nakamoto Bullies, Inc.


      Chapter 11


      #8.00


      Hrg. on Debtor's Motion filed 4/18/20 for Order to Dismiss Chapter 11 Bankruptcy Case Pursuant to 11 U.S.C. Section 1112(b)


      EH            


      Docket 51


      Tentative Ruling:

      Tentative for 5/12/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Nakamoto Bullies, Inc. Represented By Kevin Tang

      1:30 PM

      6:19-20116


      Nakamoto Bullies, Inc.


      Chapter 11


      #9.00


      Hrg. on Debtor's Motion filed 4/18/20 to Approve Compromise on Controversy Under Rule 9019


      EH            


      Docket 52

      *** VACATED *** REASON: Order Approving Compromise of Controversy entered on 5/6/20 - jc

      Tentative Ruling:

      Party Information

      Debtor(s):

      Nakamoto Bullies, Inc. Represented By Kevin Tang

      10:00 AM

      6:20-10254

      Diego Benavidez

      Chapter 7

      #1.00

      Hrg. on approval of Reaffirmation Agreement Between Debtor and Northrop Grumman Federal Credit Union, in the amount of $8,504.08

      Re: 2013 Honda Civic

      Docket 13


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Diego Benavidez Represented By Donald M Medeiros

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-10484


      Mary LaTrice Gibson


      Chapter 7


      #2.00


      Hrg. on Approval of Reaffirmation Agreement filed 2/27/20 Between Debtor and Alaska USA Federal Credit Union, in the amount of $10,848.44


      RE: 2014 Chevrolet Sonic (Cont. from 4/1/20)


      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mary LaTrice Gibson Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-10504


      Oscar Sebastian Velasco


      Chapter 7


      #3.00


      Hrg. on approval of Reaffirmation Agreement filed 3/27/20 Between DEBTOR and Wells Fargo Bank,N.A., in the amount of $8,654.04


      Re: 2016 Dodge Dart


      Docket 11


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Oscar Sebastian Velasco Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:00 AM

      6:20-10622


      James Richard Bach and Ida Medaglia Bach


      Chapter 7


      #4.00


      Hrg. on approval of Reaffirmation Agreement Between Debtor and San Diego County Credit Union, in the amount of $41,607.67


      Re: 2018 Dodge Ram 2500


      Docket 16


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      James Richard Bach Represented By Stephen H Darrow

      Joint Debtor(s):

      Ida Medaglia Bach Represented By Stephen H Darrow

      Trustee(s):

      Larry D Simons (TR) Pro Se

      10:00 AM

      6:20-10771


      Jesse Reyes Gonzalez


      Chapter 7


      #5.00


      Hrg. on approval of Reaffirmation Agreement filed 3/17/20 Between Debtor and Yamaha Motor Finance Corp., in the amount of $9,156.32


      Re: 2017 Yamaha FZ-10


      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jesse Reyes Gonzalez Pro Se

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      10:00 AM

      6:20-11157


      Elizabeth Lopez


      Chapter 7


      #6.00


      Hrg. on approval of Reaffirmation Agreement filed 3/25/20 Between Debtor and Altura Credit Union., in the amount of $65,320.05


      Re: 2017 Forest River Blue Ridge


      Docket 10


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Elizabeth Lopez Represented By Terrence Fantauzzi

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-11157


      Elizabeth Lopez


      Chapter 7


      #7.00


      Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $9,528.24


      Re: 2013 Toyota Prius


      Docket 13


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Elizabeth Lopez Represented By Terrence Fantauzzi

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-11157


      Elizabeth Lopez


      Chapter 7


      #8.00


      Hrg. on approval of Reaffirmation Agreement filed 4/9/20 Between Debtor and TD Auto Finance LLC, in the amount of $21,618.98


      Re: 2017 Ram 1500


      Docket 19


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Elizabeth Lopez Represented By Terrence Fantauzzi

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-12259


      Gregory Zwart


      Chapter 7


      #8.10


      Hrg on approval of Reaffirmation Agreement Between Debtor and LBS Financial Credit Union, in the amount of $7610.51


      Re: 2013 Hyundai Genesis


      Docket 12


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Gregory Zwart Pro Se

      Trustee(s):

      Steven M Speier (TR) Pro Se

      11:00 AM

      8:11-17664


      Martha Lucrecia Diaz


      Chapter 7


      #9.00


      CONT'D RE: Motion For The Trustee To Abandon The Asset Or File Adversary Complaint

      (Motion filed 1/24/2020) FR: 4-1-20

      Docket 37

      *** VACATED *** REASON: CONTINUING HEARING TO JUNE 24, 2020 AT 11:00 A.M. PER ORDER CONTINUING HEARING ON DEBTOR'S MOTION ENTERED 4-20-2020 - (DOCKET NO. [50])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Martha Lucrecia Diaz Represented By Dennise S Henderson

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      11:00 AM

      8:17-12746


      Du Sik Kang


      Chapter 7

      Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al


      #10.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

      1. Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];

      2. Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];

      3. Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];

      4. Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And

      5. Turnover [11 U.S.C. Section 542(a)] (Complaint filed 6/18/18)

      (First Amended Complaint filed 7/26/18) [Judgment RE Well Fargo ONLY] (PTC set at S/C held 6/12/19)


      FR: 9-12-18; 11-7-18; 1-23-19; 4-17-19; 6-12-19; 1-8-20; 4-15-20


      Docket 11

      *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

      A.M. PER ORDER GRANTING STIPULATION TO CONTINUE PRE- TRIAL CONFERENCE ENTERED 4-23-2020 - (DOCKET NO. [60]

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Du Sik Kang Represented By

      Jisoo Hwang

      Defendant(s):

      Ik Soo Bang Pro Se

      Hye Young Bang Pro Se

      Ik Soo Bang, Hye Young Bang, as Pro Se

      11:00 AM

      CONT...


      Du Sik Kang


      Chapter 7

      Wells Fargo & Company Pro Se

      Plaintiff(s):

      Jeffrey I. Golden, Chapter 7 Trustee Represented By

      Noreen A Madoyan

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Noreen A Madoyan

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01049 Marshack v. Richmond Capital Group


      #11.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      3. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      4. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      5. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      6. Predatory Lending Pursuant To California Business And Professions Code Section 17200;

      7. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c); And

      8. Declaratory Relief (Complaint filed 3/20/19) (PTC set at S/C held 9/18/19)


      FR: 6-26-19; 8-7-19; 9-18-19


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO FURTHER MODIFY SCHEDULING ORDER ENTERED 4-16-2020 - (DOCKET NO. [30])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Richmond Capital Group Pro Se

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      Plaintiff(s):

      Richard A. Marshack Represented By Jeffrey I Golden

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7

      Adv#: 8:19-01174 Casey v. Morgan


      #12.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Elizabeth Morgan For:

      1. Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);

      2. Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);

      3. Recovery Of Transfer Per 11 U.S.C. Section 550;

      4. Declaratory Relief;

      5. Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542; And

      6. Attorney Fees (Complaint filed 8/26/19)

      (PTC set at S/C held 11/20/19) FR: 11-20-19

      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - STIPULATED JUDGMENT ENTERED 3-2-2020 - (DOCKET NO. [14])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Defendant(s):

      Elizabeth Morgan Pro Se

      Plaintiff(s):

      Thomas H. Casey Represented By Thomas H Casey

      11:00 AM

      CONT...

      Trustee(s):


      Brooks T Morgan


      Chapter 7

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7


      #12.10


      Hearing RE: Chapter 7 Trustee's Motion For Order Approving Compromise Of Controversy Pursuant To Federal Rule Of Bankruptcy Procedure 9019 (Motion filed 4/16/2020)


      Docket 349


      Tentative Ruling:

      Tentative for 5/13/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Trustee(s):

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7


      #12.20


      Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale of Real Property (1311 Antigua, Newport Beach, California) Free And Clear Pursuant To 11

      U.S.C. Section 363(b); (2) Approving Overbid Procedures; (3) Approving Compensation Of Real Estate Broker; (4) Authorizing Distribution Of Sale Proceeds, Including The Distribution Of Net Homestead Exemption To The Debtor;

      (5) Waiving 14 Day Stay Imposed By FRBP 6004(h); And (6) Approving Reimbursement Of Trustee's Costs

      (Motion filed 4/17/2020)


      Docket 352


      Tentative Ruling:

      Tentative for 5/13/20 is to GRANT.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Trustee(s):

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:19-10661


      Huy Quang Dao


      Chapter 7

      Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al


      #13.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Seeking Damages In Core Adversary Proceedings

      (Complaint filed 6/10/19) (PTC set at S/C held 9/4/19)


      FR: 9-4-19


      Docket 1

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 16, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION ENTERED 1-10

      -20 - (DOCKET NO. [30])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Huy Quang Dao Represented By Denise Ho

      Defendant(s):

      Huy Quang Dao Pro Se

      Kellie Ho Ta Pro Se

      Joint Debtor(s):

      Kellie Ho Ta Represented By

      Denise Ho

      Plaintiff(s):

      Ho Jung Kim DDS, Inc. Represented By Timothy McFarlin

      11:00 AM

      CONT...

      Trustee(s):


      Huy Quang Dao


      Chapter 7

      Weneta M Kosmala (TR) Pro Se

      11:00 AM

      8:19-11843


      Adam Foster


      Chapter 7

      Adv#: 8:19-01172 Cervantes v. Foster


      #14.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(5) And (a)(15) (Complaint filed 8/26/19)

      (PTC set at S/C held 11/20/19) FR: 11-20-19

      Docket 1

      *** VACATED *** REASON: CONTINUED TO JUNE 24, 2020 AT 10:00

      A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 4-22-2020 - (DOCKET NO. [8])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Adam Foster Represented By

      Amanda G Billyard

      Defendant(s):

      Adam Thomas Foster Pro Se

      Plaintiff(s):

      Trina C. Cervantes Represented By Natali A Ron

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:19-14887


      Kevin Donato


      Chapter 7


      #15.00


      Hearing RE: Debtor's Motion For Order To Show Cause For Violations Of Automatic Stay Per 11 U.S.C. Section 362 And U.S.C. Section 105, And Request For Damages

      (Motion filed 3/31/2020)


      Docket 22

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF CONTESTED MATTER FILED 4-24-2020 - (DOCKET NO. [27])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Kevin Donato Represented By Bruce A Wilson

      Trustee(s):

      Thomas H Casey (TR) Pro Se

      11:00 AM

      8:16-12856


      Michael Edward Favreau


      Chapter 11

      Adv#: 8:16-01229 Ruiz et al v. Favreau


      #1.00


      CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)


      FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17; 12-14-17; 1-11-18; 5-3-18; 10-18-18;

      10-25-18; 4-18-19; 12-19-19


      Docket 16

      *** VACATED *** REASON: CONTINUED TO DECEMBER 3, 2020 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE - (DOCKET NO. [40])

      Party Information

      Debtor(s):

      Michael Edward Favreau Represented By Robert P Goe

      Defendant(s):

      Michael Edward Favreau Pro Se

      Plaintiff(s):

      Christopher P. Ruiz Represented By John W Lucas

      Theresa-Keane Ruiz Represented By John W Lucas

      11:00 AM

      8:19-11889


      Invensure Insurance Brokers, Inc.


      Chapter 11


      #2.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 5/16/19)


      FR: 7-18-19; 11-7-19; 3-12-20


      Docket 10


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO MAY 28, 2020 AT 11:00

      A.M. PER ORDER CONTINUING CHAPTER 11 CASE STATUS CONFERENCE ENTERED 4-23-2020 - (DOCKET NO. [263])

      Party Information

      Invensure Insurance Brokers, Inc. Represented By

      Carol Chow

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01087 TD REO Fund LLC v. Nih


      #3.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


      FR: 8-8-19; 4-16-19


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JULY 16, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO EXTEND DATES AND DEADLINES ENTERED 11-19-19 - (DOCKET NO. [21])

      Party Information

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Paul Nih Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01089 TD REO Fund LLC v. Mukda


      #4.00


      PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


      FR: 8-8-19


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JULY 16, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO EXTEND DATES AND DEADLINES ENTERED 11-19-19 - (DOCKET NO. [11])

      Party Information

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Norma Mukda Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01090 TD REO Fund LLC v. Will


      #5.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


      FR: 8-8-19; 8-26-19


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JULY 16, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO EXTEND DATES AND DEADLINES ENTERED 11-19-19 - (DOCKET NO. [21])

      Party Information

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Michael J. Will Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01091 TD REO Fund LLC v. Masunaga et al


      #6.00


      PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer

      [11 U.S.C. Sections 544, 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8/8/19)


      FR: 8-8-19


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO JULY 16, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO EXTEND DATES AND DEADLINES ENTERED 11-19-19 - (DOCKET NO. [11])

      Party Information

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Wayne Masunaga Pro Se

      Lynn Mizuno Masunaga Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      10:00 AM

      6:20-10224


      Ronnie Lee Dickerson and Sylvia Janet Dickerson


      Chapter 7


      #1.00


      Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from stay

      Wells Fargo Bank vs. DEBTORS (Motion filed 3/11/20)

      (Cont to 5/26/20)


      Re: 13920 Swallowtail Ln., Victorville, CA 92394 EH            

      [Tele. appr., Ronnie Dickerson, In Pro Per/ Propria Persona]


      Docket 13

      *** VACATED *** REASON: Order of Discharge entered on 4/27/20 - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ronnie Lee Dickerson Represented By Stephen D Brittain

      Joint Debtor(s):

      Sylvia Janet Dickerson Represented By Stephen D Brittain

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-11801

      Mychal Jarrett Adams

      Chapter 7

      #2.00


      Law Office of Cheryl A. Skigin - movant attorney Motion for Relief from Stay

      Exeter Finance, LLC vs. DEBTOR (Motion filed 4/22/20)


      Re: 2017 Nissan Maxima S Sedan 4D


      Docket 17


      Tentative Ruling:

      Tentative for 5/26/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Mychal Jarrett Adams


      Chapter 7

      Mychal Jarrett Adams Represented By Brian J Soo-Hoo

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      10:00 AM

      6:20-12970


      Santos Estuardo Chajon Rodriguez


      Chapter 7


      #3.00


      Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay

      Mechanics Bank vs. DEBTOR, Karl T. Anderson, trustee (Motion filed 5/1/20)


      Re: 2015 Toyota Tacoma, VIN: 3TMJ U4GN XFM1 77579


      EH            


      Docket 13


      Tentative Ruling:

      Tentative for 5/26/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Santos Estuardo Chajon Rodriguez


      Chapter 7

      Santos Estuardo Chajon Rodriguez Represented By

      George C Panagiotou

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      11:00 AM

      6:18-18200


      John Obrien and Tracy Obrien


      Chapter 7


      #4.00


      Hrg. on approval of Trustee's Final Report; applications for compensation


      [Re: Todd A. Frealy, chapter 7 trustee] [Fees: $2.243.40; Expenses $40.20]


      [Re: Roquemore, Pringle & Moore, Inc. attorneys for trustee] [Fees: $8,840.00; Expenses: $366.40]


      EH            


      Docket 0


      Tentative Ruling:

      Tentative for 5/26/20 is to APPROVE as requested, except as follows:


      Trustee's counsel's fees shall be reduced by $525.00 for fees associated with the preparation of its employment application. Thus, the firm's fees shall be allowed in the amount of $8,315.00 and expenses of $366.40.


      The court has an independent duty to examine the reasonableness of the fees and expenses requested by retained professionals. In re Auto Parts, Inc., 211 B.R. 29, 33 (9th Cir. B.A.P. 1997). The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney." In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that these employment applications were not

      11:00 AM

      CONT...


      John Obrien and Tracy Obrien


      Chapter 7

      routine, which remains a trustee duty. Id.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      John Obrien Represented By

      Christopher J Murtagh

      Joint Debtor(s):

      Tracy Obrien Represented By

      Christopher J Murtagh

      Trustee(s):

      Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto

      11:00 AM

      6:19-19440


      Manny E Arroyo and Gloria Arroyo


      Chapter 7


      #5.00


      Hrg. on Chapter 7 Trustee's Motion filed 5/1/20 Objecting to the Debtors' Exemption


      EH            


      Docket 0


      Tentative Ruling:

      Tentative for 5/26/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Manny E Arroyo Represented By Kian Mottahedeh

      Joint Debtor(s):

      Gloria Arroyo Represented By Kian Mottahedeh

      11:00 AM

      CONT...

      Trustee(s):


      Manny E Arroyo and Gloria Arroyo


      Chapter 7

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:20-10096


      Mariela Rosse Jackson


      Chapter 7


      #6.00


      Hrg. on chapter 7 trustee's Motion filed 4/13/20 for extension of time to file a complaint objecting to discharge


      EH            


      Docket 13

      *** VACATED *** REASON: Case Dismissed on 4/17/20 - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Mariela Rosse Jackson Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:12-28006


      City of San Bernardino, California


      Chapter 9

      Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


      #7.00


      Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings


      (Cont. from 4/28/20)


      EH            


      Docket 0

      *** VACATED *** REASON: Cont. to 7/14/20 @ 1:30 p.m. by order signed and entered on 5/18/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      City of San Bernardino, California Represented By

      Paul R. Glassman Fred Neufeld Laura L Buchanan

      Defendant(s):

      City of San Bernardino Represented By Paul R. Glassman

      Plaintiff(s):

      PLACO SAN BERNARDINO, Represented By Raymond B Kim

      1:30 PM

      6:12-28006


      City of San Bernardino, California


      Chapter 9


      #8.00


      Hrg. on City of San Bernardino for a Sixth Order Extending the Deadlines to: (I) File and Serve Objections to Claims; and (II) Provide ADR Notices to Claimants


      EH            


      Docket 2941


      Tentative Ruling:

      Tentative for 5/26/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      City of San Bernardino, California Represented By

      Paul R. Glassman Fred Neufeld Laura L Buchanan

      1:30 PM

      6:12-28006


      City of San Bernardino, California


      Chapter 9


      #9.00


      Hrg. on City of San Bernardino for a Sixth Order Extending the Deadline to File Motions to Make Additions to the Schedule of Contracts and Leases to be Assumed


      EH            


      Docket 2943


      Tentative Ruling:

      Tentative for 5/26/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      City of San Bernardino, California Represented By

      Paul R. Glassman Fred Neufeld Laura L Buchanan

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #10.00


      Hrg. on Debtor's Objection filed 4/21/20 to Proof of Claim No. 8 by Claimant Pacelli Wage & Hour Class. in the amount of $5,000,000.00 Filed by Debtor O'Linn Security Incorporated


      EH            


      Docket 0

      *** VACATED *** REASON: Cont. to 6/23/20 @ 1:30 p.m. by order signed and entered on 5/12/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #11.00


      Hrg. on Debtor's Second Motion filed 4/28/20 to Extend Time Under §1121(e)(3) and §1129(e) to Confirm Plan


      EH            


      Docket 235


      Tentative Ruling:

      Tentative for 5/26/20 is to GRANT.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617614995


      Meeting ID: 161 761 4995


      Password: 167239


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      Meeting ID: 161 761 4995

      Password: 167239

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085

      O'Linn Security Incorporated

      Chapter 11

      #12.00

      Hrg. on Second Amended Disclosure Statement (Cont. from 5/12/20)

      Docket 0


      Tentative Ruling:

      Tentative for 5/26/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617614995


      Meeting ID: 161 761 4995


      Password: 167239


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 761 4995

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11


      Password: 167239


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      ********************************************************************************* Tentative for 4/14/20:


      Telephonic appearances are required.

      The Court is inclined to set continued dates as follows: Debtor should file a Second Amended Disclosure Statement and Plan no later than 4/28/20. Any oppositions must be filed no later than 5/12/20, with a reply due on or before 5/19/20. The continued hearing will occur on May 26, 2020 at 1:30 p.m.


      Utilizing and referencing the redlined edition of the First Amended Disclosure Statement [Dk. 194], the current Disclosure Statement will not be approved for various reasons, unless the Disclosure Statement and Plan are amended to address the following:


      1. Counsel employment for the Unsecured Creditors Committee was denied, and that information should be included in the amended Disclosure Statement.


      2. All non-debtor defendants in the pending class action suit need to be particularly identified, and disclosure of the resultant effects on the Debtor of judgments against those non-debtor individuals must be made.


      3. Ms. Kimberly O'Linn needs to place her $30,000 new value contribution, and Mr. Richard O'Linn needs to place his $40,000 new value contribution, into a blocked account (not to be released without further order of the Court) prior to the filing of the Confirmation Brief by the Debtor. This needs to be added to the amended Disclosure Statement and Plan. Without the funds in place, the Court will not confirm a plan.

        1:30 PM

        CONT...


        O'Linn Security Incorporated


        Chapter 11

      4. No post-confirmation injunction, whether temporary or permanent, shall be provided to non-debtor entities in this case. It makes no difference in the 9th Circuit whether the beneficial party to an injunction is providing "new value" to the Plan, or whether the officer or director is consequential to the success of the Plan.


        The cited authority of the Debtor, In re Brothby, 303 B.R. 177, 191 (B.A.P. 9th Cir. 2003), is inapplicable to the present circumstances and factual underpinnings. A court may disapprove a disclosure statement because the plan being described therein could not possibly be confirmed. In re Main St.

        AC, Inc., 234 B.R. 771, 775 (Bankr. N.D. Cal. 1999). A plan which contains terms that even temporarily enjoin non-Debtor parties, including the principal and/or former principal of the Debtor, does not comport with the provisions of 11 U.S.C. § 524. In re Rohnert Park Auto Parts, Inc., 113 B.R. 610, 615 (B.A.P. 9th Cir. 1990). Therefore, such a plan is unconfirmable under 11

        U.S.C. § 1129(a)(1).


      5. The Court doesn't understand the language regarding the treatment of Class 5 and/or Class 6 contained on page 21, lines 18-20. Specifically, the phrase ..."and if the Court does not confirm this Plan" is unclear. If the Court "does not confirm [the] Plan", the Plan and the treatment provided in the Plan will not exist and will have no effect.


      6. Any monies reserved for unliquidated, disputed Class 5 creditors must be placed into a blocked account (not to be released without further order of the Court) prior to entry of a confirmation order. Without the funds in place, the Court will not confirm a plan.


      7. Page 24, lines 20 - 21. "It's" is a contraction of "it is" or "it has." "Its" is a possessive determiner. Please correct.


      The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. The Parties are reminded to have all relevant filings/information easily accessible.


      ***************************************************************************

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      Tentative for 3/10/20 is to CONTINUE this hearing to 5/12/20 at 1:30 p.m., to allow Debtor to file an amended Disclosure Statement addressing the points identified in the Oppositions filed by the United States Trustee and Official Committee of Unsecured Creditors. The Court notes that it is appropriate for Debtor to identify and clarify the issues raised in the Oppositions, including those regarding the confirmability of the proposed plan, in Debtor's Amended Disclosure Statement. Debtor should file its Amended Disclosure Statement no later than 4/1/20. Any oppositions must be filed no later than 4/28/20, with a reply due on or before 5/5/20.


      Additionally, the Court will set a continued status conference on 5/12/20 at 1:30 p.m., concurrent with the continued hearing on Debtor's amended Disclosure Statement. A status report is due 14 days in advance.


      Appearances for the 3/10 hearing are excused.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #13.00


      Hrg. on Chapter 11 Status Conference (Cont. from 5/12/20)

      Docket 0


      Tentative Ruling:

      Tentative for 5/26/20 is to set a continued date of August 4, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617614995

      Meeting ID: 161 761 4995

      Password: 167239

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      1:30 PM

      CONT...

      O'Linn Security Incorporated

      Chapter 11

      Meeting ID: 161 761 4995


      Password: 167239


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      ************************************************************************************* Tentative for 5/12/20 to CONTINUE to July 14, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible.


      ************************************************************************************* Tentative for 4/14/20:


      Telephonic appearances are required. The Court is inclined to set a continued status conference date which coincides with the continued hearing on the Disclosure Statement, which is proposed to be May 26, 2020 at 1:30 p.m.


      The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible.

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      **************************************************************************** Tentative for 10/01/19:


      As an initial matter, the Court notes that no Corporate Resolution has been filed as required pursuant to the Court Manual, Section 2.1(e)(1)(E).


      The Court is inclined to set the following dates/deadlines provided that Debtor files the Corporate Resolution by 12:00 p.m. on October 1, 2019:


      1. December 30, 2019: Last date to file a plan and disclosure statement.


      2. December 15, 2019: Last date to file claims ("Claims Bar Date").


      3. October 9, 2019: Last date for Debtor to serve notice of the Claims Bar Date.


      If Debtor fails to file the Corporate Resolution by the deadline, the Court will be inclined to set an OSC why this case should not be dismissed or converted to chapter 7.


      Appearances are required.


      Debtor(s):


      Party Information

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:17-17601


      Deborah McKay


      Chapter 7

      Adv#: 6:18-01056 Whitmore v. McKay V et al


      #13.00


      STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Alexander H. McKay V, Alexander H. McKay V as Trustee of the Alexander McKay V Living Trust -(1) Determine that Property is Property of the Bankruptcy Estate; (2) Avoidance of Avoidable Transactions; and (3) To Recover Avoided Transactions


      (Cont. from 2/19/20) EH            

      Docket 1

      *** VACATED *** REASON: Cont. to 9/30/20 @ 1:30 p.m. by order signed on 5/11/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Deborah McKay Represented By Natalie A Alvarado

      Defendant(s):

      Alexander H. McKay V Pro Se Alexander H. McKay V as Trustee Pro Se

      Plaintiff(s):

      Robert S. Whitmore Represented By Franklin C Adams

      Trustee(s):

      Robert Whitmore (TR) Represented By Franklin C Adams

      1:30 PM

      CONT...


      Deborah McKay


      Chapter 7

      1:30 PM

      6:18-11937


      Lisa Duarte


      Chapter 7

      Adv#: 6:20-01025 Rose v. Duarte


      #14.00


      STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - § 523(a)(2)(A), §523(a)(4), §523(a)(6)


      EH            


      Docket 1


      Tentative Ruling:

      Tentative for 5/27/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


      This adversary was filed on March 11, 2020. The Court notes that, as of the posting of this tentative, the docket does not reflect any activity beyond the original filing. Thus, in addition to failing to serve the case initiating documents, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued March 11, 2020 [Dk. 2].


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


      Party Information

      Debtor(s):

      Lisa Duarte Pro Se

      Defendant(s):

      Lisa Duarte Pro Se

      1:30 PM

      CONT...


      Lisa Duarte


      Chapter 7

      Plaintiff(s):

      Stacey Rose Represented By

      Michael D Anderson Andrei Serpik

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      1:30 PM

      6:18-17579


      Mark D. Uy


      Chapter 7

      Adv#: 6:18-01239 Virginia Bills a deceased individual, by and throu v. Uy


      #15.00


      STATUS CONFERENCE re: Complaint by Virginia Bills a deceased individual, by and through her personal representatives Joyce Stablein and Danny White against Mark D. Uy - 523(a)(6)


      EH            


      (Cont. from 1/22/20)


      Docket 1

      *** VACATED *** REASON: Cont. to 8/5/20 @ 1:30 p.m. per order signed and entered on 5/20/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Mark D. Uy Represented By

      Raymond Obiamalu

      Defendant(s):

      Mark D. Uy Pro Se

      Plaintiff(s):

      Virginia Bills a deceased individual, Represented By

      Douglas A Plazak

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-10980


      Wesley L Stevens


      Chapter 7

      Adv#: 6:19-01078 Main Credit Corporation v. Stevens et al


      #16.00


      PRE-TRIAL CONFERENCE re: Complaint by Main Credit Corporation against Wesley L Stevens, Vanessa Lyn Stevens - §§ 523(a)(2), 523(a)(4), 523(a)(6)


      EH            


      Docket 1

      *** VACATED *** REASON: Order Granting Joint Motion for Approval of compromise and dismissing adversary proceeding without prejudice Signed on 4/1/2020- jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Wesley L Stevens Represented By Neil R Hedtke

      Defendant(s):

      Wesley L Stevens Pro Se

      Vanessa Lyn Stevens Pro Se

      Joint Debtor(s):

      Vanessa Lyn Stevens Represented By Neil R Hedtke

      Plaintiff(s):

      Main Credit Corporation Represented By

      Kathryn M.S. Catherwood

      1:30 PM

      CONT...

      Trustee(s):


      Wesley L Stevens


      Chapter 7

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:19-18753


      Samuel Kim Choy Yap


      Chapter 7

      Adv#: 6:20-01002 He et al v. Yap et al


      #17.00


      STATUS CONFERENCE re: Complaint by Da Hai He, Lihua Jiang, Jin Hua Chen, Yao Fu Situ, Wei Hai Wu, Zichuan Li, Ziming Cen, Xiaolei Shao, Zhiying Cao, Jiewei Lin, Sandy Vuong, Chunxin Zhao, Yong Chen, Qingxiang Chen, Xinpu Gan, Xiaoqing Xue, Wei Feng Jia, Yong Cai, Deng Liu Wu, Liqiong Chang, Ming Li, Zilin Sun, Yi Chen, Li Juan He, Yanchengzi Cai against Samuel Kim Choy Yap, Xin Li.


      EH            


      (Cont. from 4/1/20)


      Docket 1

      *** VACATED *** REASON: Cont. to 7/15/20 @ 1:30 p.m. by order signed and entered on 5/19/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Samuel Kim Choy Yap Represented By Sam X J Wu

      Defendant(s):

      Samuel Kim Choy Yap Pro Se

      Xin Li Pro Se

      Joint Debtor(s):

      Xin Li Represented By

      Sam X J Wu

      Plaintiff(s):

      Li Juan He Represented By

      1:30 PM

      CONT...


      Samuel Kim Choy Yap


      Stephen J Thomas


      Chapter 7

      Yi Chen Represented By

      Stephen J Thomas

      Zilin Sun Represented By

      Stephen J Thomas

      Ming Li Represented By

      Stephen J Thomas

      Liqiong Chang Represented By Stephen J Thomas

      Deng Liu Wu Represented By Stephen J Thomas

      Yong Cai Represented By

      Stephen J Thomas

      Wei Feng Jia Represented By

      Stephen J Thomas

      Xiaoqing Xue Represented By Stephen J Thomas

      Xinpu Gan Represented By

      Stephen J Thomas

      Qingxiang Chen Represented By Stephen J Thomas

      Yong Chen Represented By

      Stephen J Thomas

      Sandy Vuong Represented By Stephen J Thomas

      Yanchengzi Cai Represented By Stephen J Thomas

      Jiewei Lin Represented By

      Stephen J Thomas

      1:30 PM

      CONT...


      Samuel Kim Choy Yap


      Chapter 7

      Zhiying Cao Represented By

      Stephen J Thomas

      Xiaolei Shao Represented By

      Stephen J Thomas

      Ziming Cen Represented By

      Stephen J Thomas

      Zichuan Li Represented By

      Stephen J Thomas

      Wei Hai Wu Represented By

      Stephen J Thomas

      Yao Fu Situ Represented By

      Stephen J Thomas

      Jin Hua Chen Represented By Stephen J Thomas

      Lihua Jiang Represented By

      Stephen J Thomas

      Da Hai He Represented By

      Stephen J Thomas

      Chunxin Zhao Represented By Stephen J Thomas

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-19414


      Jacob Dorsten


      Chapter 7

      Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial v. Dorsten


      #18.00

      Hrg. on Plaintiff's Motion filed 4/29/20 for Default Judgment


      Docket 21


      Tentative Ruling:

      Tentative for 5/27/20 is to DENY without prejudice.


      Plaintiff seeks a default judgment pursuant to 11 U.S.C. § 523(a)(6) for Defendant’s alleged willful and malicious conduct in connection with a vehicle loan from Plaintiff's predecessor for a 2014 Hyundai Accent, secured by a first priority lien. Plaintiff alleges that Defendant conspired with his father (who allegedly owns a tow business) to conduct a lien sale of the Vehicle, thereby depriving the Plaintiff of its security.


      Notwithstanding the foregoing, Plaintiff does not provide sufficient evidence to support its claim under 11 U.S.C. § 523(a)(6).


      "Entry of a default by the bankruptcy court clerk does not automatically entitle a plaintiff to entry of a default judgment." In re Villegas, 132 B.R. 742, 746 (B.A.P. 9th Cir. 1991). The court has wide discretion under Rule 55 to consider whether the evidence presented in support of a claim warrants default judgment for the plaintiff. In re Beltran, 182 B.R. 820, 823–24 (9th Cir. BAP 1995). The Ninth Circuit has held that "[a]n intentional breach of contract is excepted from discharge under § 523(a)(6) only when it is accompanied by malicious and willful tortious conduct." In re Jercich, 238 F.3d 1202, 1206 (9th Cir. 2001).


      Plaintiff's evidence consists of the Declaration of Matthew Kane filed April 29, 2020 [Dk. 23], in which Mr. Kane testifies at ¶9 "upon information and belief" as to an alleged conspiracy to conduct the lien sale and deprive Plaintiff of its security. By its very terms, this testimony lacks personal knowledge. Plaintiff also relies on ¶10 of Mr. Kane's declaration, which describes Defendant's testimony at his §341 a meeting of creditors and the statements contained in

      1:30 PM

      CONT...


      Jacob Dorsten


      Chapter 7

      Defendant's petition, which simply provide Defendant's position as to what happened to the Vehicle. In ¶10, Mr. Kane states that he "believes" the foregoing statements are false, and "made with the intent to cause willful and malicious injury to Plaintiff by further concealing the truth of the lien sale that occurred with respect to the Vehicle." However, no facts are provided from which the Court may find a basis for Plaintiff's "belief" and which demonstrate that Defendant engaged in willful and malicious conduct sufficient to warrant the granting of a default judgment pursuant to § 523(a)(2)(6). Accordingly, the Motion is DENIED without prejudice.


      Plaintiff is to file an amended motion for default judgment by no later than July 3, 2020. Plaintiff may use the procedures in the local rules to have it determined without a hearing, or set it for hearing, utilizing the Court's self- calendaring procedures (available on the Court's website), at Plaintiff's election.


      The status conference currently set for June 10, 2020 shall be CONTINUED to August 5, 2020 at 1:30 p.m.


      Plaintiff is to lodge an order within 7 days of this hearing.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.

      Party Information

      Debtor(s):

      Jacob Dorsten Represented By David L Nelson

      Defendant(s):

      Jacob Dorsten Pro Se

      1:30 PM

      CONT...


      Jacob Dorsten


      Chapter 7

      Plaintiff(s):

      HLS of Nevada, LLC d.b.a. Nevada Represented By

      Nathan F Smith Kelli M Brown

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #1.00


      Hearing RE: Application For Order To Appear And Examination RE:

      Enforcement Of Judgment - Third Party - Ping Hsuan Li (Application filed 3/9/2020)


      Docket 39

      *** VACATED *** REASON: CONTINUED TO AUGUST 5, 2020 AT 11:00 A.M. PER ORDER CONTINUING HEARING AND REQUIRING APPEARANCE OF THIRD PARTIES FOR EXAMINATION ENTERED 4- 22-2020 - (DOCKET NO. [48])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      Plaintiff(s):

      Stephen Kent Ehat Represented By David L Amkraut

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      10:00 AM

      CONT...


      Ali Shah


      Chapter 7

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Trustee(s):

      James J Joseph (TR) Pro Se

      10:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #2.00


      Hearing RE: Application For Order To Appear And Examination RE: Enforcement Of Judgment - Third Party - Ming Jun Chen (Application filed 3/9/2020)


      Docket 42

      *** VACATED *** REASON: CONTINUED TO AUGUST 5, 2020 AT 11:00 A.M. PER ORDER CONTINUING HEARING AND REQUIRING APPEARANCE OF THIRD PARTIES FOR EXAMINATION ENTERED 4- 22-2020 - (DOCKET NO. [48])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      Plaintiff(s):

      Stephen Kent Ehat Represented By David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Jimmy A Sutton Represented By

      10:00 AM

      CONT...


      Ali Shah


      Stephen Kent Ehat David L Amkraut


      Chapter 7

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Trustee(s):

      James J Joseph (TR) Pro Se

      10:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #3.00


      Hearing RE: Application For Order To Appear And Examination RE: Enforcement Of Judgment - Third Party - Ariana Shah Blenkers aka Ariana Blenkers

      (Application filed 3/9/2020)


      Docket 37

      *** VACATED *** REASON: CONTINUED TO AUGUST 5, 2020 AT 11:00 A.M. PER ORDER CONTINUING HEARING AND REQUIRING APPEARANCE OF THIRD PARTIES FOR EXAMINATION ENTERED 4- 22-2020 - (DOCKET NO. [48])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      Plaintiff(s):

      Stephen Kent Ehat Represented By David L Amkraut

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut

      Mark Klein Represented By

      Stephen Kent Ehat

      10:00 AM

      CONT...


      Ali Shah


      David L Amkraut


      Chapter 7

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Trustee(s):

      James J Joseph (TR) Pro Se

      10:00 AM

      8:17-12003


      Equity Indexed Managed Fund LLC


      Chapter 11

      Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al


      #4.00


      CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Breach Of Contract (Promissory Note)


      FR: 8-8-19; 11-7-19; 1-23-20; 4-1-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 2, 2020 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE AND SETTING DEADLINE FOR FILING MOTION FOR DEFAULT JUDGMENT ENTERED 5-19-2020 - (DOCKET NO. [64])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Equity Indexed Managed Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Steven (Steve) Goldschmied Pro Se

      Newport Investments, LLC Pro Se

      Newport Investments, LLC Pro Se

      Plaintiff(s):

      Equity Indexed Managed Fund, LLC Represented By

      Michael W Davis

      10:00 AM

      8:18-13588


      Tim M McKenna


      Chapter 7

      Adv#: 8:19-01176 Golden v. Caufield


      #5.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint for Judgment:

      1. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);

      2. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);

      3. Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And

      4. Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)

      (Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)


      FR: 11-19-19


      Docket 1

      *** VACATED *** REASON: CONTINUED TO AUGUST 5, 2020 AT 11:00 A.M. PER AMENDED SCHEDULING ORDER ENTERED 1-9-20 - (DOCKET NO. [19])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Tim M McKenna Represented By Michael G Spector

      Defendant(s):

      Jason Caufield Pro Se

      Plaintiff(s):

      Jeffrey I. Golden Represented By Reem J Bello

      Trustee(s):

      Jeffrey I Golden (TR) Represented By

      10:00 AM

      CONT...


      Tim M McKenna


      Ryan W Beall Reem J Bello


      Chapter 7

      10:00 AM

      8:19-11814


      Juan Arcos Munoz


      Chapter 7

      Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz


      #6.00


      PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section523(a)(2) (Complaint filed 8/19/19)

      (PTC set at S/C held 12/4/19)


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 1, 2020 AT 10:00

      A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 4-23-2020 - (DOCKET NO. [19])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Juan Arcos Munoz Represented By Onyinye N Anyama

      Defendant(s):

      Juan Arcos Munoz Pro Se

      Plaintiff(s):

      State Compensation Insurance Fund Represented By

      Rhett Johnson

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      11:00 AM

      8:16-10597


      Genesis Title Holding Corporation


      Chapter 7


      #7.00


      Hearing RE: Chapter 7 Trustee's Objection To Proof Of Claim: (Motion filed 4/23/20)


      Claim No. 10 2309 Daly Street, Inc. $68,381.94


      Docket 179

      *** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION RESOLVING CHAPTER 7 TRUSTEE'S OBJECTION TO PROOF OF CLAIM NO. 10 FILED BY 2309 DALY STREET, INC. ENTERED 5-14-2020 - (DOCKET NO. [188])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Genesis Title Holding Corporation Represented By

      Bert Briones

      Trustee(s):

      Thomas H Casey (TR) Represented By Beth Gaschen

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01048 Marshack v. Queen Funding LLC


      #8.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);

      3. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

      4. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      5. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      6. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      7. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      8. Fraud;

      9. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

        And

      10. Declaratory Relief; And

      11. Usury

        (Complaint filed 3/20/19)

        (Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)


        FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19


        Docket 1

        *** VACATED *** REASON: CONTINUED TO JULY 1, 2020 AT 10:00

        A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE - (DOCKET NO. [43])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Luminance Recovery Center, LLC Represented By

        11:00 AM

        CONT...


        Luminance Recovery Center, LLC


        Jeffrey I Golden Beth Gaschen


        Chapter 7

        Defendant(s):

        Queen Funding LLC Pro Se

        Plaintiff(s):

        Richard A. Marshack Represented By Jeffrey I Golden

        Trustee(s):

        Richard A Marshack (TR) Represented By

        D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

        Matthew Grimshaw

        11:00 AM

        8:19-10153


        Thomas Joseph Lynch, JR


        Chapter 7

        Adv#: 8:19-01069 OC West, LLC et al v. Lynch


        #9.00


        CONT'D Hearing RE: Plaintiffs OC West, LLC, Liberty Financial USA, LLC, And Liberty Debt Solution, LLC's Motion For Summary Judgment

        (Motion filed 3/5/2020) FR: 4-15-20

        Docket 58

        *** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND VACATING HEARING ENTERED 5-20-2020 - (DOCKET NO. [84])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Thomas Joseph Lynch JR Pro Se

        Defendant(s):

        Thomas Joseph Lynch Pro Se

        Plaintiff(s):

        OC West, LLC Represented By James J Orland

        Liberty Financial USA, LLC Represented By James J Orland

        Liberty Debt Solution, LLC Represented By James J Orland

        Trustee(s):

        Karen S Naylor (TR) Pro Se

        11:00 AM

        8:19-10153


        Thomas Joseph Lynch, JR


        Chapter 7

        Adv#: 8:19-01069 OC West, LLC et al v. Lynch


        #9.10


        Hearing RE: Defendant Thomas Joseph Lynch's Motion For Enlargement Of Time To Serve His Opposition To Plaintiffs' Amended Motion For Summary Judgment

        (Motion filed 5/15/20)


        Docket 80

        *** VACATED *** REASON: OFF CALENDAR - ORDER DENYING MOTION FOR ENLARGEMENT OF TIME AND VACATING HEARING ENTERED 5-20-2020 - (DOCKET NO. [83])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Thomas Joseph Lynch JR Pro Se

        Defendant(s):

        Thomas Joseph Lynch Pro Se

        Plaintiff(s):

        OC West, LLC Represented By James J Orland

        Liberty Financial USA, LLC Represented By James J Orland

        Liberty Debt Solution, LLC Represented By James J Orland

        Trustee(s):

        Karen S Naylor (TR) Pro Se

        11:00 AM

        8:19-10347


        Hassan Abbas Kassir


        Chapter 7

        Adv#: 8:19-01080 Marshack v. Kassir


        #10.00


        CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727

        (Complaint filed 5/6/19)

        (Another summons issued 6/17/19) (PTC set at S/C held 11-20-19)


        FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19


        Docket 1

        *** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. - PER ORDER GRANTING MOTION TO WITHDRAW DEEMED ADMISSIONS, VACATING HEARING AND CONTINUING STATUS CONFERENCE ENTERED 4-22-2020 - (DOCKET NO. [64])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Hassan Abbas Kassir Pro Se

        Defendant(s):

        Hassan Abbas Kassir Pro Se

        Plaintiff(s):

        Richard A Marshack Represented By Donald W Sieveke

        Trustee(s):

        Richard A Marshack (TR) Pro Se

        11:00 AM

        8:19-10349


        Sukeinah Hassan Kassir


        Chapter 7

        Adv#: 8:19-01081 Marshack v. Kassir


        #11.00


        CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727

        (Complaint filed 5/6/19)

        (Another summons issued 6/17/19) (PTC set at S/C held 11/20/19)


        FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19


        Docket 1

        *** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. PER ORDER GRANTING MOTION TO WITHDRAW DEEMED ADMISSIONS, VACATING HEARING AND CONTINUING SCHEDULING DATES ENTERED 4-22-2020 - (DOCKET NO. [66])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Sukeinah Hassan Kassir Pro Se

        Defendant(s):

        Sukeinah Hassan Kassir Pro Se

        Plaintiff(s):

        Richard A Marshack Represented By Donald W Sieveke

        Trustee(s):

        Richard A Marshack (TR) Pro Se

        11:00 AM

        8:19-10349


        Sukeinah Hassan Kassir


        Chapter 7

        Adv#: 8:19-01130 Marshack v. Kassir et al


        #12.00


        CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers

        (Complaint filed 7/2/19)

        (PTC set at S/C held 11/20/19) FR: 9-18-19; 10-2-19; 11-20-19

        Docket 1

        *** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. PER ORDER GRANTING MOTION TO WITHDRAW DEEMED ADMISSIONS, VACATING HEARING AND CONTINUING SCHEDULING DATES ENTERED 4-22-2020 - (DOCKET NO. [67])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Sukeinah Hassan Kassir Pro Se

        Defendant(s):

        Mohammad Mahdi Kassir Pro Se

        Mohammad Abbas Kassir Pro Se

        Ali Al-Hadi Kassir Pro Se

        Sukeinah Kassir Pro Se

        Plaintiff(s):

        Richard A Marshack Represented By Donald W Sieveke

        Trustee(s):

        Richard A Marshack (TR) Represented By

        11:00 AM

        CONT...


        Sukeinah Hassan Kassir


        Donald W Sieveke


        Chapter 7

        10:00 AM

        8:20-10967


        Jesus F. Marquez-Ramirez


        Chapter 7


        #1.00


        Motion for relief from stay [Personal Property]


        Golden 1 Credit Union vs. DEBTOR (Motion filed 4/21/2020)


        [RE: 2017 Nissan Pathfinder - VIN No.: 5N1DR2MN0HC696728] [Tele. appr., Rebecca M. Wicks, repr., Golden One Credit Union]

        Docket 11


        Tentative Ruling:

        Tentative for 5/28/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Jesus F. Marquez-Ramirez Represented By

        10:00 AM

        CONT...


        Trustee(s):


        Jesus F. Marquez-Ramirez


        Julie J Villalobos


        Chapter 7

        Weneta M Kosmala (TR) Pro Se

        10:00 AM

        8:20-10925


        Marcel Delontate Lyons and Sonya Nichole Castellon


        Chapter 7


        #2.00


        Motion for relief from stay [Personal Property]


        Santander Consumer USA, Inc. vs. DEBTORS (Motion filed 4/23/2020)


        [RE: 2016 Nissan Sentra - VIN: 3N1AB7AP1GL682535]


        [Tele. appr., Sheryl K. Ith, repr., Santander Consumer USA, Inc.]


        Docket 14


        Tentative Ruling:

        Tentative for 5/28/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with a 4001(a)(3) waiver.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Marcel Delontate Lyons Represented By

        10:00 AM

        CONT...


        Marcel Delontate Lyons and Sonya Nichole Castellon

        Nicholas M Wajda


        Chapter 7

        Joint Debtor(s):

        Sonya Nichole Castellon Represented By Nicholas M Wajda

        Trustee(s):

        Thomas H Casey (TR) Pro Se

        10:00 AM

        8:19-12414


        Charles S Zahedi


        Chapter 7

        Adv#: 8:19-01198 Moersch v. Zahedi


        #3.00


        Hearing RE: Plaintiff's Motion For Summary Judgment (Motion filed 4/16/2020)


        Docket 11

        *** VACATED *** REASON: CONTINUED TO JUNE 24, 2020 AT 11:00

        A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 5-11-2020 - (DOCKET NO. [16])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Charles S Zahedi Represented By

        Catherine Christiansen Fritz J Firman

        Defendant(s):

        Charles S Zahedi Represented By Fritz J Firman

        Plaintiff(s):

        Carlo Moersch Represented By Jeffrey D Schreiber

        Trustee(s):

        Richard A Marshack (TR) Pro Se

        10:00 AM

        8:20-11153


        Miriana Figueredo


        Chapter 7


        #3.10


        Motion for relief from stay [Personal Property]


        Americredit Financial Services, Inc., dba GM Financial vs. DEBTOR (Motion filed 5/1/2020)


        [RE: 2018 Chevrolet Silverado - VIN No.: 3GCUCREC3JG223601] [Tele. appr., Sheryl K. Ith, repr., GM Financial]

        Docket 12


        Tentative Ruling:

        Tentative for 5/28/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Miriana Figueredo Represented By

        10:00 AM

        CONT...


        Trustee(s):


        Miriana Figueredo


        Julie J Villalobos


        Chapter 7

        Jeffrey I Golden (TR) Pro Se

        11:00 AM

        8:16-12463


        Marzieh Bagheri-Tari


        Chapter 11


        #4.00


        CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

        Case Management Conference And (2) Requiring Status Report (Petition filed 6/13/16)

        (Post-Confirmation S/C set at confirmation hearing held 8/31/17)


        FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17; 8-31-17; 11-9-17;

        2-22-18; 5-3-18; 9-13-18; 9-20-18; 1-24-19; 3-7-19; 8-15-19; 1-23-20


        [Tele. appr., Nancy Goldenberg, repr., U.S. Trustee, Peter Anderson, U.S. Trustee]


        Docket 1


        Tentative Ruling:

        Tentative for 5/28/20 is to CONTINUE to September 3, 2020 at 11:00 a.m. A status report is due 14 days in advance, and should address how the Debtor intends to proceed if she is unable to cure the missed plan payments and/or comply with the terms of her confirmed plan going forward.


        Appearances for the 5/28 hearing are excused.


        ************************************************************************************** Tentative for 1/23/20:


        The Court has received and reviewed the status report filed January 14, 2020 [Dk. 193] and will CONTINUE this matter to May 28, 2020 at 11:00 a.m. A status report is due 14 days in advance.


        The Court notes that the above referenced status report was not timely filed. Per LBR 3020-1, the failure to timely file required reports is cause for dismissal or conversion.


        Additionally, the Court notes that the docket does not reflect the filing of post-

        11:00 AM

        CONT...


        Marzieh Bagheri-Tari


        Chapter 11

        confirmation United States Trustee Reports. Debtor is cautioned to ensure that Debtor is complying with all post-confirmation filing requirements.


        Appearances are excused.


        **************************************************************************** Tentative for 8/15/19:


        This matter is continued to January 23, 2020 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances are excused.


        ************************************************************************ Tentative for 3/07/19:


        This matter is continued to August 15, 2019 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances are excused.


        ************************************************************************** Tentative for 1/24/19:


        As of the posting of this tentative, no status report has been filed. Appearances required.

        Party Information

        Debtor(s):

        Marzieh Bagheri-Tari Represented By

        Yeznik O Kazandjian

        11:00 AM

        8:17-11743


        Cecilio Romero Murrietta and Irma Bonilla Murrietta


        Chapter 11


        #5.00


        CONT'D Hearing RE: Third Interim Application For Allowance And Payment Of Fees and Reimbursement Of Expenses For The Period From April 10, 2019 Through April 10, 2020

        (Application filed 4/16/2020)


        [RE: WEILAND GOLDEN GOODRICH, LLP - Attorney for Chapter 11 Trustee]

        [Fees: $64,135.00; Expenses: $1,006.58]


        FR: 5-7-20


        [Tele. appr., Beth Gaschen, repr., Trustee, Attorney For Trustee] [Tele. appr., David M. Goodrich, repr., David M. Goodrich, Trustee]

        Docket 288


        Tentative Ruling:

        Tentative for 5/28/20 is to APPROVE as requested, provided that a client declaration in support of the requested fee amount is filed.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        11:00 AM

        CONT...


        Debtor(s):


        Cecilio Romero Murrietta and Irma Bonilla Murrietta

        Party Information


        Chapter 11

        Cecilio Romero Murrietta Represented By Andrew S Bisom

        Joint Debtor(s):

        Irma Bonilla Murrietta Represented By Andrew S Bisom

        Trustee(s):

        David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

        11:00 AM

        8:17-11743


        Cecilio Romero Murrietta and Irma Bonilla Murrietta


        Chapter 11


        #6.00


        CONT'D Hearing RE: Second Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 12, 2019 Through April 15, 2020 (Application filed 4/15/2020)


        [RE: DAVID M. GOODRICH - Chapter 11 Trustee] [Fees: $83,063.38; Expenses: $1,668.93]


        FR: 5-7-20


        [Tele. appr., Beth Gaschen, repr., Trustee, Attorney For Trustee] [Tele. appr., David M. Goodrich, repr., David M. Goodrich, Trustee]

        Docket 286


        Tentative Ruling:

        Tentative for 5/28/20 is to APPROVE as requested.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        11:00 AM

        CONT...

        Debtor(s):


        Cecilio Romero Murrietta and Irma Bonilla Murrietta


        Chapter 11

        Cecilio Romero Murrietta Represented By Andrew S Bisom

        Joint Debtor(s):

        Irma Bonilla Murrietta Represented By Andrew S Bisom

        Trustee(s):

        David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

        11:00 AM

        8:17-11743


        Cecilio Romero Murrietta and Irma Bonilla Murrietta


        Chapter 11


        #6.10


        Hearing RE: Second Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 10, 2019 Through April 28, 2020

        (Motion filed 5/7/2020)


        [RE: HANKIN PATENT LAW, APC - Counsel For The Chapter 11 Trustee] [Fees: $3,592.50; Expenses: $119.95]


        [Tele. appr., Beth Gaschen, repr., Trustee, Attorney For Trustee] [Tele. appr., David M. Goodrich, repr., David M. Goodrich, Trustee]

        Docket 299


        Tentative Ruling:

        Tentative for 5/28/20 is to APPROVE as requested, provided that a client declaration in support of the requested fee amount is filed.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        11:00 AM

        CONT...

        Debtor(s):


        Cecilio Romero Murrietta and Irma Bonilla Murrietta


        Chapter 11

        Cecilio Romero Murrietta Represented By Andrew S Bisom

        Joint Debtor(s):

        Irma Bonilla Murrietta Represented By Andrew S Bisom

        Trustee(s):

        David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

        11:00 AM

        8:20-10803


        Veronique's Gourmet Corporation


        Chapter 11


        #7.00


        CONT'D Hearing RE: Debtor's Amended Emergency Motion For Order Authorizing Debtor's Use Of Cash Collateral On Interim Basis Pending A Final Hearing

        (Motion filed 3/13/2020) (Amended Motion filed 4/8/2020)


        FR: 3-17-2020; 4-9-20


        [Tele. appr., Nancy Goldenberg, repr., U.S. Trustee, Peter Anderson, United States Trustee]


        [Tele. appr., Joanne P. Sanchez, repr., Veronique's Gourmet Corporation]


        Docket 19

        *** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION BY DEBTOR AND DEBTOR-IN- POSSESSION FILED 5-14-2020 (DOCKET NO. [71])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Veronique's Gourmet Corporation Represented By

        Lionel E Giron

        11:00 AM

        8:20-10803


        Veronique's Gourmet Corporation


        Chapter 11


        #7.10


        Hearing RE: Motion By Debtor And Debtor-In-Possession For Dismissal Of Chapter 11 Case Pursuant To 11 U.S.C Section 1112(b) And 305(a) (Motion filed 5/1/2020)


        [Tele. appr., Nancy Goldenberg, repr., U.S. Trustee, Peter Anderson, United States Trustee]


        [Tele. appr., Joanne P. Sanchez, repr., Veronique's Gourmet Corporation]


        Docket 66


        Tentative Ruling:

        Tentative for 5/28/20 is to GRANT:


        Pursuant to 11 U.S.C. § 1112(b)(1), the Court shall dismiss a case on request of a party in interest, after notice and a hearing, for "cause" unless the court determines that the appointment of a trustee or examiner is in the best interests of the creditors and the estate.


        As the Debtor does not have the ability to generate sufficient income to propose a feasible plan of reorganization, or have assets valued at an amount greater than their secured debts, and noting no opposition has been filed, the Court finds that dismissal is in the best interest of the creditors and the estate.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact

        11:00 AM

        CONT...


        Veronique's Gourmet Corporation


        Chapter 11

        CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Veronique's Gourmet Corporation Represented By

        Lionel E Giron Joanne P Sanchez

        11:00 AM

        8:20-10803


        Veronique's Gourmet Corporation


        Chapter 11


        #7.20


        CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

        (Petition filed 3/5/2020)


        FR: 5-7-20


        [Tele. appr., Nancy Goldenberg, repr., U.S. Trustee, Peter Anderson, United States Trustee]


        [Tele. appr., Joanne P. Sanchez, repr., Veronique's Gourmet Corporation]


        Docket 14


        Tentative Ruling:

        Tentative for 5/28/20:


        In light of the Court's tentative on related matter #7.10, this status conference will be taken off calendar.


        Appearances for the 5/28 hearing are excused.


        ************************************************************************************ Tentative for 5/7/20 is to CONTINUE this status conference to 5/28/2020 at 11:00 a.m. to be held concurrently with the hearing on Debtor's Motion to Dismiss filed 5/1/20 [Dk. 66]. An updated status report is not required; however, Debtor must provide a supplemental declaration, by no later than 5/14/2020, which demonstrates in specific detail whether dismissal is in the best interest of all creditors. The UST should be prepared to weigh in on the Motion to Dismiss either by declaration or telephonically at the 5/28 hearing.


        Appearances for the 5/7 hearing are excused.

        Party Information

        11:00 AM

        CONT...

        Debtor(s):


        Veronique's Gourmet Corporation


        Chapter 11

        Veronique's Gourmet Corporation Represented By

        Lionel E Giron

        11:00 AM

        8:19-11889


        Invensure Insurance Brokers, Inc.


        Chapter 11


        #8.00


        CONT'D Hearing RE: Objection To Claims:

        (Motion filed 10/30/19)


        Claim No. 6 James DeMarco $1,000,000.00 FR: 12-12-19; 1-23-20; 3-12-20; 3-19-20; 3-26-20

        [Tele. appr., David M. Goodrich, repr., Duncan Prince]


        [Tele. appr., Michael Hauser, repr., Peter Anderson, U.S. Trustee] [Tele. appr., Blake J. Lindemann, repr., James DeMarco]

        [Tele. appr., Duncan Prince, repr., Duncan Prince]


        Docket 109

        *** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION OF SETTLEMENT OF THE DEBTOR'S OBJECTION ENTERED 5-6-2020 - (DOCKET NO. [271])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Invensure Insurance Brokers, Inc. Represented By

        Carol Chow

        11:00 AM

        8:19-11889


        Invensure Insurance Brokers, Inc.


        Chapter 11


        #9.00


        Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization Dated February 20, 2020

        (Chapter 11 Plan filed 2/21/20202)


        (D.S. filed 2/20/20)

        (D.S Approved 3/26/2020)

        (Confirmation of Plan hearing set at D.S. hearing Held 3/26/2020)


        FR: 3-12-20; 3-19-20; 3/26/20


        [Tele. appr., David M. Goodrich, repr., Duncan Prince]


        [Tele. appr., Michael Hauser, repr., Peter Anderson, U.S. Trustee] [Tele. appr., Blake J. Lindemann, repr., James DeMarco]

        [Tele. appr., Duncan Prince, repr., Duncan Prince]


        Docket 198


        Tentative Ruling:

        Tentative for 5/28/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1607220488

        11:00 AM

        CONT...


        Invensure Insurance Brokers, Inc.


        Chapter 11


        Meeting ID: 160 722 0488

        Password: 499130

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 160 722 0488

        Password: 499130

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        Invensure Insurance Brokers, Inc. Represented By

        Carol Chow

        11:00 AM

        8:19-11889

        Invensure Insurance Brokers, Inc.

        Chapter 11

        #10.00


        CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

        (Petition filed 5/16/19)


        FR: 7-18-19; 11-7-19; 3-12-20; 5-14-20


        [Tele. appr., David M. Goodrich, repr., Duncan Prince]


        [Tele. appr., Michael Hauser, repr., Peter Anderson, U.S. Trustee] [Tele. appr., Blake J. Lindemann, repr., James DeMarco]

        [Tele. appr., Duncan Prince, repr., Duncan Prince]


        Docket 10


        Tentative Ruling:

        Tentative for 5/28/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1607220488


        Meeting ID: 160 722 0488


        Password: 499130

        11:00 AM

        CONT...


        Invensure Insurance Brokers, Inc.


        Chapter 11


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 160 722 0488

        Password: 499130


        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


        ********************************************************************************* Tentative for 3/12/20 is to CONTINUE this status conference to May 7, 2020 at 11:00 a.m.


        Appearances are required.


        *************************************************************************** Tentative for 11/07/19 is to CONTINUE this status conference to March 12, 2020 at 11:00 a.m.


        Appearances are required.


        Debtor(s):


        Party Information

        Invensure Insurance Brokers, Inc. Represented By

        Carol Chow

        11:00 AM

        8:19-12739


        Maria Julia Higueros


        Chapter 11


        #11.00


        CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

        Case Management Conference And (2) Requiring Status Report (Petition filed 7/15/19)


        FR: 9-12-19; 12-19-19; 3-12-20


        [Tele. appr., Giovanni Orantes, repr., Maria Julia Higueros]


        [Tele. appr., Michael Hauser, repr., Peter Anderson, U.S. Trustee]


        Docket 5


        Tentative Ruling:

        Tentative for 5/28/20 is to CONTINUE to October 8, 2020 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances for the 5/28 hearing are excused.


        ************************************************************************************** Tentative for 3/12/20:

        Appearances required.


        ************************************************************************************** Tentative for 12/19/19:

        Appearances required.


        ***************************************************************************

        11:00 AM

        CONT...


        Maria Julia Higueros


        Chapter 11

        Tentative for 09/12/19 is to set the dates/deadlines, as follows:


        1. The deadline to file a plan and disclosure statement - November 7, 2019. Debtor is to set the hearing date for approval of the disclosure statement as December 19, 2019. Debtor's proposed deadline is shortened by one day to allow for compliance with LBR 3017-1(a) (notice of a disclosure statement hearing requires 42 days). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.


        2. Continued status conference - December 19, 2019 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances required.


      Debtor is to submit a scheduling order within seven (7) days.

      Party Information

      Debtor(s):

      Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11

      Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC


      #12.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:

      1. To Disallow Proof Of Claim;

      2. To Avoid Incurrence Of Debt;

      3. For Contractual Indemnity; And

      4. Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)


      FR: 4-4-19; 9-19-19; 12-19-19; 3-5-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 2, 2020 AT 11:00

      A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 4-23-2020 - (DOCKET NO. [45])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      Defendant(s):

      Luxury Asset Lending, LLC Pro Se

      David Moore Pro Se

      Jackman Industries, Inc. Pro Se

      Plaintiff(s):

      Luxury Asset Purchasing Represented By Kyra E Andrassy

      10:00 AM

      6:20-12231


      Robert Clymer, III


      Chapter 7


      #1.00


      Law Offices of Vincent V. Frounjian, Esq. - movant attorney Motion for Relief from Stay

      American Honda Finance Corporation vs. DEBTOR, Steven Speier, chapter 7 trustee

      (Motion filed 5/6/20)


      Re: 2019 Honda Civic, VIN: 2HGF C2F8 6KH5 36722


      EH            


      Docket 14


      Tentative Ruling:

      Tentative for 6/9/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Robert Clymer, III


      Chapter 7

      Robert Clymer III Represented By Christopher Hewitt

      Trustee(s):

      Steven M Speier (TR) Pro Se

      11:00 AM

      6:13-28836


      Ann Lighthall Marshall


      Chapter 7


      #2.00


      Hrg. on Chapter 7 Trustee's Motion filed 5/1/20 to Allow Claim 14 of Capital One Bank, NA as Late Filed, Allowable Against Surplus Only, in the amount of

      $1,200.30


      EH            


      Docket 77


      Tentative Ruling:

      Tentative for 6/9/20 is to SUSTAIN.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Ann Lighthall Marshall Represented By Karen E Lockhart

      Trustee(s):

      John P Pringle (TR) Represented By Patricia Miller

      11:00 AM

      CONT...


      Ann Lighthall Marshall


      Michelle A Marchisotto


      Chapter 7

      11:00 AM

      6:13-28836


      Ann Lighthall Marshall


      Chapter 7


      #3.00


      Hrg. on Chapter 7 Trustee's Motion filed 5/1/20 to Allow Claim 15 of Lakeview Plaza, LLC as Late Filed, Allowable Against Surplus Only, in the amount of

      $33,993.20


      EH            


      Docket 79


      Tentative Ruling:

      Tentative for 6/9/20 is to SUSTAIN.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Ann Lighthall Marshall Represented By Karen E Lockhart

      Trustee(s):

      John P Pringle (TR) Represented By Patricia Miller

      Michelle A Marchisotto

      11:00 AM

      CONT...


      Ann Lighthall Marshall


      Chapter 7

      11:00 AM

      6:18-18793


      Oscar Sanchez


      Chapter 7


      #4.00


      Hrg. on trustee's final report; applications for compensation


      [Re: John P. Pringle, chapter 7 trustee] [Fees: 4,267.97; Expenses: $121.95


      [Re: Roquemore, Pringle & Moore, Inc., attorneys for trustee] [Fees: $4,645.00; Expenses: $650.74]


      [Re: Lea Accountancy LLP, accounta for trustee] [Fees: 2,304.50: Expenses: $127.90]


      EH            


      Docket 0


      Tentative Ruling:

      Tentative for 6/9/20 is to APPROVE as requested, except as follows:


      Trustee's counsel's fees shall be reduced by $380.00 for fees associated with the preparation of its employment application. Thus, the firm's fees shall be allowed in the amount of $4,265.00 and expenses of $650.74.


      The court has an independent duty to examine the reasonableness of the fees and expenses requested by retained professionals. In re Auto Parts, Inc., 211 B.R. 29, 33 (9th Cir. B.A.P. 1997). The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney." See In re Garcia, 335 B.R.

      717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that these employment applications

      11:00 AM

      CONT...


      Oscar Sanchez


      Chapter 7

      were not routine, which remains a trustee duty. Id.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Oscar Sanchez Represented By Douglas A Plazak

      Trustee(s):

      John P Pringle (TR) Represented By Toan B Chung

      11:00 AM

      6:18-19706


      Geoffrey Acosta Nagum


      Chapter 7


      #5.00


      Hrg. on Chapter 7 Trustee's Objection filed 5/8/20 of Proof of Claim #8-1 by Melinda Martinez, in the amount of $10,800


      EH            


      Docket 0


      Tentative Ruling:

      Tentative for 6/9/20 is to SUSTAIN.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Geoffrey Acosta Nagum Represented By James P Doan

      Trustee(s):

      Larry D Simons (TR) Represented By Daniel A Lev

      11:00 AM

      6:18-20287


      Charles Braden


      Chapter 7


      #6.00


      Hrg. on chapter 7 trustee's Motion filed 5/19/20 for Turnover of Property Unscheduled Ameritrade Account Funds


      EH            


      Docket 40


      Tentative Ruling:

      Tentative for 6/9/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1603671412


      Meeting ID: 160 367 1412


      Password: 483558


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      11:00 AM

      CONT...


      Charles Braden


      Chapter 7

      Meeting ID: 160 367 1412

      Password: 483558

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Charles Braden Represented By Natalie A Alvarado

      Trustee(s):

      John P Pringle (TR) Represented By Brandon J Iskander Melissa Davis Lowe

      11:00 AM

      6:20-12187

      Raymond Ramirez, Jr

      Chapter 7

      #7.00

      Hrg. on Order to Show Cause why re dismissal for failure to pay installment fee EH            

      Docket 0

      *** VACATED *** REASON: Balance of installment paid on 5/22/20 -jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Raymond Ramirez Jr Pro Se

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      1:30 PM

      6:18-12715


      Big Bear Bowling Barn, Inc.


      Chapter 11


      #8.00


      Hrg. on Post Confirmation Status Conference EH            

      (Hrg. cont. from 4/14/20)


      Docket 0

      *** VACATED *** REASON: Cont. to 9/1/20 @ 1:30 p.m. by order signed on 6/2/20 - jc

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

        1:30 PM

        6:19-10179


        Hector M Araiza, Jr.


        Chapter 7

        Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.


        #9.00


        STATUS CONFERENCE re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - §§523(a)(2), 523(a)(4), 523(a)(6)


        (Cont. from 4/29/20)


        Docket 1


        Tentative Ruling:

        Tentative for 6/9/20:


        The purpose of this hearing is to reschedule the trial date, which the Court previously vacated as a result of the pandemic.


        The following dates are available for trial:


        Week of October 26, 2020

        November 23 & 24, 2020

        Week of December 7, 2020


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1603468496 Meeting ID: 160 346 8496

        1:30 PM

        CONT...


        Hector M Araiza, Jr.


        Chapter 7

        Password: 916066


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 160 346 8496


        Password: 916066


        The parties are reminded to have all relevant pleadings easily accessible during the hearing.

        Party Information

        Debtor(s):

        Hector M Araiza Jr. Represented By

        W. Derek May

        Defendant(s):

        Hector M Araiza Jr. Represented By

        W. Derek May

        Plaintiff(s):

        Jeffrey Barnes Represented By William E Adams

        Shirley A Barnes Represented By William E Adams

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        1:30 PM

        6:20-11096


        Ronald Ward Komers


        Chapter 11


        #10.00


        Hrg. on Chapter 11 Status Conference EH            

        (Cont. from 3/31/20)


        Docket 0

        *** VACATED *** REASON: Status Conference cont. to 9/29/20 @ 1:30

        p.m. by order signed on 4/6/20 - jc Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Ronald Ward Komers Represented By Matthew D. Resnik

        1:30 PM

        6:20-11096


        Ronald Ward Komers


        Chapter 11


        #11.00


        Musick, Peeler & Garrett, LLP - movant attorney Motion for Relief from Stay

        Luther Burbank Savings vs. DEBTOR


        Re: 41999 Calle de Suenos, Murrieta, CA 92562 EH            

        Docket 46


        Tentative Ruling:

        Tentative for 6/9/20 is to establish procedures and set an evidentiary hearing. The parties should have their calendars accessible and be prepared to address scheduling.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1603468496 Meeting ID: 160 346 8496

        Password: 916066


        If a participant is unable to send and receive audio through his/her computer,

        1:30 PM

        CONT...


        Ronald Ward Komers


        Chapter 11

        or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 160 346 8496


        Password: 916066


        The parties are reminded to have all relevant pleadings easily accessible during the hearing.


        ************************************************************************************* Tentative for 5/12/20 to CONTINUE to July 14, 2020 at 1:30 p.m. A status report is due 14 days in advance.


        Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


        The Parties are reminded to have all relevant filings/information easily accessible.


        Party Information

        Debtor(s):

        Ronald Ward Komers Represented By Matthew D. Resnik

        Roksana D. Moradi-Brovia

        10:00 AM

        6:20-10588


        Sharon Rose Vonderohe


        Chapter 7


        #3.00


        Hrg. on approval of Reaffirmation Agreement Between Debtor and Nuvision Credit Union, in the amount of $5,178.10


        Re: 2004 Lexus RX


        Docket 9


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Sharon Rose Vonderohe Represented By Daniel King

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        10:00 AM

        6:20-10622


        James Richard Bach and Ida Medaglia Bach


        Chapter 7


        #4.00


        Hrg. on approval of Reaffirmation Agreement Between Debtor and The Huntington National Bank, in the amount of $80,448.87


        Re: 2019 Airstream Flyng Cloud 27


        Docket 24


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        James Richard Bach Represented By Stephen H Darrow

        Joint Debtor(s):

        Ida Medaglia Bach Represented By Stephen H Darrow

        Trustee(s):

        Larry D Simons (TR) Pro Se

        10:00 AM

        6:20-11157


        Elizabeth Lopez


        Chapter 7


        #5.00


        Hrg. on approval of Reaffirmation Agreement filed 3/25/20 Between Debtor and Altura Credit Union., in the amount of $65,320.05


        Re: 2017 Forest River Blue Ridge (Cont. from 5/13/20)

        Docket 10


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Elizabeth Lopez Represented By Terrence Fantauzzi

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        10:00 AM

        6:20-11157


        Elizabeth Lopez


        Chapter 7


        #6.00


        Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $9,528.24


        Re: 2013 Toyota Prius (Cont. from 5/13/20)


        Docket 13


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Elizabeth Lopez Represented By Terrence Fantauzzi

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        10:00 AM

        6:20-11157


        Elizabeth Lopez


        Chapter 7


        #7.00


        Hrg. on approval of Reaffirmation Agreement filed 4/9/20 Between Debtor and TD Auto Finance LLC, in the amount of $21,618.98


        Re: 2017 Ram 1500


        (Cont. from 5/13/20)


        Docket 19


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Elizabeth Lopez Represented By Terrence Fantauzzi

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        10:00 AM

        6:20-11597


        German Guevara and Maria Paz Morales


        Chapter 7


        #8.00


        Hrg. on approval of Reaffirmation Agreement Between Debtor and Orange Count's Credit Union, in the amount of $14.937.26


        Re: 2013 Dodge Charger


        Docket 12


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        German Guevara Represented By Peter Recchia

        Joint Debtor(s):

        Maria Paz Morales Represented By Peter Recchia

        Trustee(s):

        Steven M Speier (TR) Pro Se

        10:00 AM

        6:20-11783


        Evelyn Caraig Ongos and Giovanni Ongos


        Chapter 7


        #9.00


        Hrg. on approval of Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $11,009.83


        Re: 2015 Nissan Altima


        Docket 9


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Evelyn Caraig Ongos Pro Se

        Joint Debtor(s):

        Giovanni Ongos Pro Se

        Trustee(s):

        Lynda T. Bui (TR) Pro Se

        1:30 PM

        6:16-13798


        DESERT RANCH LLLP


        Chapter 7

        Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC


        #21.00


        PRETRIAL CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)(3) and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3. Breach of Fiduciary Duty; and 4. Declaratory Relief


        EH            


        (Cont. from 3/11/20)


        Docket 1

        *** VACATED *** REASON: Order approving stipulation to dismiss adversary proceeding entered on 3/10/20 - jc

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw

        Defendant(s):

        395 Lampe, LLC Pro Se

        Plaintiff(s):

        Helen R Frazer Represented By Laurel R Zaeske

        Trustee(s):

        Helen R. Frazer (TR) Represented By Laurel R Zaeske

        1:30 PM

        6:18-19043


        Donald Meredith Dible


        Chapter 7

        Adv#: 6:19-01018 Simons v. Bosher


        #23.00


        PRE-TRIAL CONFERENCE re: Complaint by Larry D. Simons against Leslie Ann Bosher (1) Avoidance and Recovery of Fraudulent Transfer (2) Turnover of Property; and (3) Sale of Interest of Co-owner in Property of the Estate


        EH            


        (Cont. from 4/1/20)


        Docket 1

        *** VACATED *** REASON: Order Approving Stipulation to Dismiss Adversary Proceeding entered on 6/4/20 - jc

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Donald Meredith Dible Represented By Stephen H Darrow

        Defendant(s):

        Leslie Ann Bosher Represented By Stephen H Darrow

        Plaintiff(s):

        Larry D. Simons Represented By Anthony A Friedman

        Trustee(s):

        Larry D Simons (TR) Represented By Anthony A Friedman

        1:30 PM

        6:19-13251


        David Henry Hilton, Jr.


        Chapter 7

        Adv#: 6:19-01110 Redd v. Hilton, Jr.


        #24.00


        Hrg. on Plaintiff's motion filed 5/19/20 to Compel Discovery Responses and for Sanctions against Defendant and Debtor David Henry Hilton Jr. and his counsel


        EH            


        Docket 23


        Tentative Ruling:

        Tentative for 6/10/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1611094534


        Meeting ID: 161 109 4534


        Password: 657534


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        1:30 PM

        CONT...


        David Henry Hilton, Jr.


        Chapter 7


        Meeting ID: 161 109 4534

        Password: 657534

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        David Henry Hilton Jr. Represented By Jenny L Doling

        Defendant(s):

        David Henry Hilton Jr. Represented By Jenny L Doling

        Plaintiff(s):

        LaToya S Redd Pro Se

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        1:30 PM

        6:19-14435


        William Duane Portillo


        Chapter 7

        Adv#: 6:19-01113 Segovia v. Portillo


        #25.00


        STATUS CONFERENCE re: Complaint by Arturo Segovia against William Duane Portillo. - 727(c),(d),(e), 523 (a)(2)


        EH            


        (Cont. from 4/1/20)


        Docket 1

        *** VACATED *** REASON: Order settling adversay entered 4/6/20 - jc Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        William Duane Portillo Represented By Speros P Maniates

        Defendant(s):

        William Duane Portillo Pro Se

        Plaintiff(s):

        Arturo Segovia Represented By Joseph S Park

        Trustee(s):

        Steven M Speier (TR) Pro Se

        1:30 PM

        6:19-14496


        Jorge Alberto Blas-Sanchez


        Chapter 7

        Adv#: 6:19-01119 B. SPRAGG ENTERPRISES LLC v. Blas-Sanchez


        #26.00


        PRE-TRIAL CONFERENCE re: Complaint by B. Spragg Enterprises LLC against Jorge Alberto Blas-Sanchez - §§ 523(a)(2), 523(a)(4)


        EH            


        (Cont. from 4/15/20)


        Docket 1

        *** VACATED *** REASON: Continued to 9/2/20 @ 1:30 PM, per stip/order entered 6/5/20 - slh

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Jorge Alberto Blas-Sanchez Represented By Todd L Turoci

        Defendant(s):

        Jorge Alberto Blas-Sanchez Represented By

        Richard L. Sturdevant

        Joint Debtor(s):

        Alicia Espinoza Represented By Todd L Turoci

        Plaintiff(s):

        B. SPRAGG ENTERPRISES LLC Represented By

        Kathy McCormick

        1:30 PM

        CONT...

        Trustee(s):


        Jorge Alberto Blas-Sanchez


        Chapter 7

        Karl T Anderson (TR) Pro Se

        1:30 PM

        6:19-15954


        William Horace Eisenhower


        Chapter 7

        Adv#: 6:19-01141 Friend, Jr v. Eisenhower


        #27.00

        Hrg. on Plaintiff's Motion filed 4/30/2 for Default Judgment [LBR 7055-1]


        Docket 18


        Tentative Ruling:

        Tentative for 6/10/20 is to DENY without prejudice and CONTINUE to August 5, 2020 at 1:30 p.m. for the purposes of allowing Plaintiff to file an Amended Motion, as set forth below. No appearance is required for the 6/10 hearing.


        Plaintiff seeks a default judgment pursuant to 11 U.S.C. § 523(a)(4). Plaintiff alleges Defendant’s breached a $25,000.00 settlement which resolved a state court action pertaining to (1) accounting; (2) claim by trustee against third party in possession; (3) constructive trust; and (4) equitable lien.


        Plaintiff alleges that "[a]t all material times from and after May, 2016, defendant committed a breach of fiduciary duty against the beneficiaries of the Davis Living Trust" but does not provide sufficient evidence to support his claim under 11 U.S.C. § 523(a)(4). The Complaint consists of only four operative paragraphs.


        "Entry of a default by the bankruptcy court clerk does not automatically entitle a plaintiff to entry of a default judgment." In re Villegas, 132 B.R. 742, 746 (B.A.P. 9th Cir. 1991). The court has wide discretion under Rule 55 to consider whether the evidence presented in support of a claim warrants default judgment for the plaintiff. In re Beltran, 182 B.R. 820, 823–24 (B.A.P. 9th Cir. 1995).


        Plaintiff’s support for the Motion consists of the Complaint and the Settlement Agreement attached to it which contains a "No Admission Regarding Liability" provision. Plaintiff fails to provide any facts from which the Court may find a basis for Plaintiff’s allegation that Defendant engaged in fraud or defalcation while acting in a fiduciary capacity sufficient to warrant the granting of a default motion pursuant to 11 U.S.C. § 523(a)(4).

        1:30 PM

        CONT...


        William Horace Eisenhower


        Chapter 7


        Plaintiff’s Motion further fails to provide any support for the claim that Plaintiff is entitled to attorney’s fees for any amount for the contract that was sued upon in the state court action.


        Accordingly, the Motion is DENIED without prejudice. The hearing shall be continued to August 5, 2020 at 1:30 p.m. Plaintiff is to file an amended motion for default judgment by no later than July 15, 2020. Plaintiff is to lodge an order within 7 days of this hearing.


        Appearances are excused.


        Party Information

        Debtor(s):

        William Horace Eisenhower Represented By Alon Darvish

        Defendant(s):

        William Horace Eisenhower Pro Se

        Plaintiff(s):

        Robert M Friend Jr Represented By Aaron F Garcia

        Trustee(s):

        Lynda T. Bui (TR) Pro Se

        1:30 PM

        6:19-16685


        Bernard Gomez


        Chapter 7

        Adv#: 6:19-01143 Borders et al v. Gomez et al


        #28.00


        STATUS CONFERENCE re: Complaint by Brent Alden Borders, Jalena Dawn Borders against Bernard Gomez, Mandy Gomez - 523(a)(2)(a), 523(a)(6)


        EH            


        (Cont. from 4/1/20)


        Docket 1

        *** VACATED *** REASON: Order Dismissing Adversary entered on 6/4/20 - jc

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Bernard Gomez Represented By Gary B Elmer

        Defendant(s):

        Bernard Gomez Represented By Gary B Elmer

        Mandy Gomez Represented By Gary B Elmer

        Joint Debtor(s):

        Mandy Gomez Represented By Gary B Elmer

        Plaintiff(s):

        Brent Alden Borders Represented By Douglas A Plazak

        1:30 PM

        CONT...


        Bernard Gomez


        Chapter 7

        Jalena Dawn Borders Represented By Douglas A Plazak

        Trustee(s):

        Lynda T. Bui (TR) Pro Se

        1:30 PM

        6:19-19414


        Jacob Dorsten


        Chapter 7

        Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten


        #29.00


        STATUS CONFERENCE re: Complaint by HLS of Nevada, LLC d.b.a. Nevada West Financial, a Nevada limited liability company against Jacob Dorsten - § 523(a)(6)


        EH            


        (Cont. from 4/15/20)


        Docket 1

        *** VACATED *** REASON: Cont. to 8/5/20 @ 1:30 p.m. - jc Tentative Ruling:

      • NONE LISTED -

      Party Information

      Debtor(s):

      Jacob Dorsten Represented By David L Nelson

      Defendant(s):

      Jacob Dorsten Pro Se

      Plaintiff(s):

      HLS of Nevada, LLC d.b.a. Nevada Represented By

      Nathan F Smith

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:19-21098


      Charles Slone


      Chapter 7

      Adv#: 6:20-01031 Khaddour et al v. Slone et al


      #30.00


      Hrg. on Defendants' motion filed 4/23/20 to dismiss adversary case EH            

      Docket 5


      Tentative Ruling:

      Tentative for 6/10/20 is to GRANT the motion to dismiss, with leave to amend.


      Plaintiffs’ complaint alleges two causes of action: §§ 523(a)(2)(A) and 523(a) (6). Generally, Plaintiffs allege that the Defendants fraudulently induced Plaintiffs to enter into a $175,000.00 construction contract for a home remodel through representations of price, quality, and a timely completion date, and then proceeded to charge an additional $15,000.00 and abandon the job.


      To survive a Rule 12(b)(6) motion to dismiss, a complaint must state "with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b).


      As to the § 523(a)(2)(A) cause of action, Plaintiffs do not allege sufficient facts to show: (1) that Defendants knew the representations of price, quality and completion date were false at the time that they made them, (2) made the false representations with the intent and purpose to deceive Plaintiffs, and (3) that Plaintiffs' damages were a proximate result of the representation.


      As to the § 523(a)(6) cause of action, the complaint does not allege sufficient facts to show that Defendants intentionally caused willful and malicious injury to Plaintiffs beyond a mere breach of contract.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using

      1:30 PM

      CONT...


      Charles Slone


      Chapter 7

      Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1611094534

      Meeting ID: 161 109 4534

      Password: 657534

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 109 4534

      Password: 657534

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Charles Slone Represented By Michael J Hemming

      Defendant(s):

      Charles Slone Represented By Michael J Hemming

      1:30 PM

      CONT...

      Charles Slone

      Chapter 7

      Lynn Slone Represented By

      Michael J Hemming

      Joint Debtor(s):

      Lynn Slone Represented By

      Michael J Hemming

      Plaintiff(s):

      Nazih Khaddour Represented By Tyler H Brown

      Robin Khaddour Represented By Tyler H Brown

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-21098


      Charles Slone


      Chapter 7

      Adv#: 6:20-01031 Khaddour et al v. Slone et al


      #31.00


      STATUS CONFERENCE re: Complaint by Nazih Khaddour, Robin Khaddour against Charles Slone, Lynn Slone for 523(a)(2) & 523(a)(6) causes of action


      EH            


      Docket 1


      Tentative Ruling:

      Tentative for 6/10/20 is to set a continued date of November 4, 2020 at 1:30

      p.m. A status report is due 14 days in advance.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1611094534


      Meeting ID: 161 109 4534


      Password: 657534


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      1:30 PM

      CONT...


      Charles Slone


      Chapter 7

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 109 4534

      Password: 657534

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Charles Slone Represented By Michael J Hemming

      Defendant(s):

      Charles Slone Pro Se

      Lynn Slone Pro Se

      Joint Debtor(s):

      Lynn Slone Represented By

      Michael J Hemming

      Plaintiff(s):

      Nazih Khaddour Represented By Tyler H Brown

      Robin Khaddour Represented By Tyler H Brown

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      8:18-14425


      Wallace Raymond Steffen, Jr


      Chapter 11

      Adv#: 8:19-01107 Steffen v. Steffen, Jr.


      #1.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

      [11 U.S.C. Section 523(a)(4)]

      (Complaint filed 6/4/19)


      FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JUNE 10, 2020 AT 11:00

      A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 4- 14-2020 - (DOCKET NO. [

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Wallace Raymond Steffen Jr Represented By Anerio V Altman

      Defendant(s):

      Wallace Raymond Steffen Jr. Represented By Anerio V Altman

      Plaintiff(s):

      Linda Steffen Represented By Christopher J Langley

      10:00 AM

      8:19-10153


      Thomas Joseph Lynch, JR


      Chapter 7

      Adv#: 8:19-01069 OC West, LLC et al v. Lynch


      #2.00


      CONT'D PRE-TRIAL CONFERENCE RE: First Amended Complaint For:

      1. Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6);

      2. Denial Of Discharge Pursuant To: 11 U.S.C. Sections 727(a)(2)(A), 727(a) (2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), 727(a)(5), and 727(a)(12)(B); And

      3. Unfair, Unlawful And Fraudulent Business Practice California Business And Professional Code Section 17200 et seq.

      (Complaint filed 4/17/19)

      (First Amended Complaint filed 8/13/19) (PTC set at S/C held 10/2/19)


      FR: 7-3-19; 7-17-19; 10-2-19


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

      A.M. PER ORDER CONTINUING HEARING ENTERED 3-24-2020 - (DOCKET NO. [70])

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Thomas Joseph Lynch JR Represented By Patrick OKennedy

        Defendant(s):

        Thomas Joseph Lynch Pro Se

        Plaintiff(s):

        OC West, LLC Represented By Baruch C Cohen

        Liberty Financial USA, LCC Represented By

        10:00 AM

        CONT...


        Thomas Joseph Lynch, JR


        Baruch C Cohen


        Chapter 7

        Liberty Debt Solution, LLC Represented By Baruch C Cohen

        Trustee(s):

        Karen S Naylor (TR) Pro Se

        11:00 AM

        8:17-12010


        TD REO Fund LLC


        Chapter 11

        Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al


        #10.00


        CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers

        [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

        (Complaint filed 5/15/19)

        (Another Summons issued 9-27-19)


        FR: 8-8-19; 11-7-19; 12-18-19; 2-20-20; 4-29-20


        Docket 1

        *** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING PURSUANT TO COURT-APPROVED SETTLEMENT ENTERED 6-2-2020

        - (DOCKET NO. [49])

        Tentative Ruling:

      • NONE LISTED -

      Party Information

      Debtor(s):

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Loisanne Sage Pro Se

      Loisanne Sage as the trustee of the Pro Se

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01031 Marshack v. Sotiris, LLC


      #11.00


      STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551] (Complaint filed 3/20/2020)


      Docket 1


      Tentative Ruling:

      Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances for the 6/10 hearing are excused.

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Sotiris, LLC Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops


      Chapter 7

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01033 Marshack v. 27 Diamonds


      #12.00


      STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS HEARING ENTERED 5-28-2020 - (DOCKET NO. [8])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      27 Diamonds Pro Se

      Plaintiff(s):

      Richard A Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops


      Chapter 7

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01034 Marshack v. Jaid Appliance


      #13.00


      STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

      2. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05, et seq.] (Complaint filed 3/20/2020)


      Docket 1


      Tentative Ruling:

      Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance of the continued status conference.


      Appearances for the 6/10 hearing are excused.

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Jaid Appliance Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Kyra E Andrassy Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops


      Chapter 7

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01035 Marshack v. American Express et al


      #14.00


      STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04, et seq.] And;

      3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

      A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS HEARING ENTERED 5-28-2020 - (DOCKET NO. [14])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      American Express Pro Se

      American Express National Bank Pro Se

      American Express Company Pro Se

      Plaintiff(s):

      Richard A Marshack Represented By Judith E Marshack

      11:00 AM

      CONT...

      Trustee(s):


      Luminance Recovery Center, LLC


      Chapter 7

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01036 Marshack v. Krohn Construction


      #15.00


      STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C.

        Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers

      [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.]

      (Complaint filed 3/20/2020)


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

      A.M. PER ORDER APPROVNG STIPULATION TO CONTINUE STATUS HEARING ENTERED 5-28-2020 - (DOCKET NO. [9])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Krohn Construction Pro Se

      Plaintiff(s):

      Richard A Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Kyra E Andrassy Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops


      Chapter 7

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC


      #16.00


      STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

      3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


      Docket 1


      Tentative Ruling:

      Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances for the 6/10 hearing are excused.

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Exclusive Fitness, LLC Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops


      Chapter 7

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC


      #16.10


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      3. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      4. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      5. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      6. Predatory Lending Pursuant To California Business And Professions Code Section 17200;

      7. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

        And

      8. Declaratory Relief (Complaint filed 3/20/19)

      (Default Judgment Against YES Funding, LLC on first, second, third, fourth, fifth and eighth causes of action ONLY- Docket no. [45])


      FR: 6-26-19; 8-7-19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 1-22-20; 4-15-20;

      6-10-20 at 1:30 p.m.


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING SIXTH AND SEVENTH CLAIMS FOR RELIEF AND CLOSING ADVERSARY ENTERED 5-22-2020 - (DOCKET NO. [51])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      Defendant(s):

      Yes Funding Services LLC Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Jeffrey I Golden

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7


      #17.00


      Hearing RE: Chapter 7 Trustee's Motion For Order For Turnover Of $16,457 By The Debtor

      (Motion filed 5/20/20)


      Docket 374


      Tentative Ruling:

      Tentative for 6/10/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Trustee(s):

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:18-14425


      Wallace Raymond Steffen, Jr


      Chapter 11

      Adv#: 8:19-01107 Steffen v. Steffen, Jr.


      #18.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

      [11 U.S.C. Section 523(a)(4)]

      (Complaint filed 6/4/19)


      FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20; 6-10-20 at 10:00


      Docket 1

      *** VACATED *** REASON: CONTINUED TO JULY 1, 2020 AT 11:00

      A.M. PER ORDER ON STIPULATION AND REQUEST REGARDING EXTENSION OF DEADLINES TO REPOND AND CONTINUING THE STATUS CONFERENCE ENTERED 5-26-2020 - (DOCKET NO. [27])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Wallace Raymond Steffen Jr Represented By Anerio V Altman

      Defendant(s):

      Wallace Raymond Steffen Jr. Represented By Anerio V Altman

      Plaintiff(s):

      Linda Steffen Represented By Christopher J Langley

      11:00 AM

      8:18-14425


      Wallace Raymond Steffen, Jr


      Chapter 7

      Adv#: 8:19-01107 Steffen v. Steffen, Jr.


      #19.00


      Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)


      Docket 22

      *** VACATED *** REASON: CONTINUED TO JULY 1, 2020 AT 11:00

      A.M. PER ORDER ON STIPULATION AND REQUEST REGARDING EXTENSION OF DEADLINES TO REPOND AND CONTINUING THE STATUS CONFERENCE ENTERED 5-26-2020 - (DOCKET NO. [27])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Wallace Raymond Steffen Jr Represented By Anerio V Altman

      Defendant(s):

      Wallace Raymond Steffen Jr. Represented By Anerio V Altman

      Plaintiff(s):

      Linda Steffen Represented By Christopher J Langley

      Trustee(s):

      Richard A Marshack (TR) Represented By

      Misty A Perry Isaacson

      11:00 AM

      8:20-10032


      Christina Olinger


      Chapter 7

      Adv#: 8:20-01048 Rosenbaum v. Olinger et al


      #20.00


      Hearing RE: Motion To Dismiss Third Claim For Relief Against Defendants F3 Custom, LLC And Su T. Dang

      (Motion filed 5/5/2020)


      Docket 7


      Tentative Ruling:

      Tentative for 6/10/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Christina Olinger Represented By Michael D Franco

      Defendant(s):

      Christina Olinger Pro Se

      Velocity Manufacturing Group, Pro Se

      Grasshopper, LLC Pro Se

      11:00 AM

      CONT...


      Christina Olinger


      Chapter 7

      F3 Custom, LLC Represented By

      Glenn Ward Calsada

      Su T. Dang Represented By

      Glenn Ward Calsada

      Plaintiff(s):

      Ron Rosenbaum Represented By Darren G Smith

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      1:30 PM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC


      #22.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      3. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      4. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      5. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      6. Predatory Lending Pursuant To California Business And Professions Code Section 17200;

      7. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

        And

      8. Declaratory Relief (Complaint filed 3/20/19)

        (Default Judgment Against YES Funding, LLC on first, second, third, fourth, fifth and eighth causes of action ONLY- Docket no. [45])


        FR: 6-26-19; 8-7-19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 1-22-20; 4-15-20


        Docket 1

        *** VACATED *** REASON: ADVANCED TO JUNE 10, 2020 AT 11:00

        A.M. PER ORDER ADVANCING STATUS CONFERENCE ENTERED 5-22

        -2020 - (DOCKET NO. [49])

        Tentative Ruling:

        • NONE LISTED -

          Party Information

          Debtor(s):

          Luminance Recovery Center, LLC Represented By

          Jeffrey I Golden Beth Gaschen

          Defendant(s):

          Yes Funding Services LLC Pro Se

          1:30 PM

          CONT...


          Luminance Recovery Center, LLC


          Chapter 7

          Plaintiff(s):

          Richard A. Marshack Represented By Jeffrey I Golden

          Trustee(s):

          Richard A Marshack (TR) Represented By

          D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

          Matthew Grimshaw

          11:00 AM

          8:17-11743


          Cecilio Romero Murrietta and Irma Bonilla Murrietta


          Chapter 11


          #1.00


          CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

          (Petition filed 5/1/17)


          FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;

          8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20


          Docket 6


          Tentative Ruling:

          Tentative for 6/11/20 is to CONTINUE to July 16, 2020 at 11:00 a.m., to be heard concurrently with the hearing on Debtor's motion to approve a disclosure statement. A status report will be required 14 days in advance.


          Appearances for the 6/11 hearing are excused.


          ********************************************************************************* Tentative for 3/12/20:

          The Court will CONTINUE this matter to June 11, 2020 at 11:00 a.m., at which time the Court expects that the Trustee will have resolved all claim objections and have filed a plan of reorganization. A status report is due 14 days in advance. If a plan of reorganization has not been filed by that date, the Trustee is to include in the status report a detailed description explaining why one has not been filed and an anticipated time frame.


          Appearances for the 3/12/20 status conference are excused.


          **************************************************************************** Tentative for 1/23/20:


          The Court has received and reviewed the status report filed January 14, 2020 [Dk. 267] and will grant a short CONTINUANCE of this matter to March 12,

          11:00 AM

          CONT...


          Cecilio Romero Murrietta and Irma Bonilla Murrietta


          Chapter 11

          2020 at 11:00 a.m, for purposes of allowing the Trustee to solidify his exit strategy. A status report is due 14 days in advance. The status report should include details regarding the Chapter 11 Trustee's exit strategy.


          The Court notes that the above status report was not timely filed. The Court will excuse the non-compliance in this instance, but Trustee is cautioned to ensure compliance with all filing deadlines in the future.


          Appearances are excused.


          ****************************************************************************** Tentative for 10/24/19:


          Appearances are required.


          ********************************************************************************* Tentative for 8/15/19:


          The Court has received and reviewed the status report filed on August 1, 2019 [Dk. 241], and will continue the status conference to October 24, 2019 at 11:00 a.m. A status report is due 14 days in advance.


          Appearances are excused.


          *************************************************************************** Tentative for 4/18/19:


          The Court is inclined to set the following dates/deadlines:


          1. Deadline to file a plan and disclosure statement - June 30, 2019.


          2. A Continued Chapter 11 Status Conference - August 15, 2019 at 11:00

      a.m. A status report is due 14 days in advance.


      The Trustee (himself or through his counsel) should be prepared to orally provide the Court with a current and projected financial overview of Debtor, including a summary of all claims.

      11:00 AM

      CONT...


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      Appearances required.


      Debtor(s):


      Party Information

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      8:17-11996

      WJA Asset Management LLC

      Chapter 11


      #2.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 5/18/17)

      (Amended S/C Order Entered 6-9-17)


      FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18; 7-12-18; 9-20-18; 12-20-18; 4-18-19;

      9-19-19; 2-6-20; 2-13-20; 1-30-20


      Docket 50


      Tentative Ruling:

      Tentative for 6/11/20 is to CONTINUE this status conference to December 3, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances for the 6/11 hearing are excused.


      ****************************************************************************************

      *


      Tentative for 1/30/20 is to CONTINUE this status conference to June 11, 2020

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      at 11:00 a.m. A status report is due 14 days in advance. Appearances are excused.

      *********************************************************************************


      Tentative for 09/19/19 is to CONTINUE this status conference to February 6, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances are excused.


      *************************************************************************** Tentative for 4/18/19:


      The Court has received and reviewed the Eighth Chapter 11 Status Report and Second Post-Confirmation Status Report for LVNV Multi Family, LLC, filed April 4, 2019 [Dk. 844], and, noting that neither the Committee nor any other party has filed its own status report or requested to be heard at the status conference, will CONTINUE this status conference to September 19, 2019, at 11:00 a.m. A status report is due 14 days in advance.


      Appearances are excused.


      ***************************************************************************** Tentative for 9/20/18 is to set a continued status conference date of December 20, 2018 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances required.

      *************************************************************************** Tentative for 12/20/18:


      The Court has received and reviewed the Seventh Chapter 11 Status Report and First Post-Confirmation Status Report for LVNV Multi Family, LLC, filed on December 6, 2018 [Dk. 726], and, noting that neither the Committee nor any other party has filed its own status report or requested to be heard at the status conference, will CONTINUE this status conference to April 18, 2019, at 11:00 a.m. A status report is due 14 days in advance.

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11


      Appearances are excused.


      ***************************************************************************** Tentative for 9/20/18 is to set a continued status conference date of December 20, 2018 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances required.


      ***************************************************************************** Tentative for 7/12/18:


      The Court has received and reviewed the status conference reports filed by the Debtors on 6/28/18 [Dk. 524] and Unsecured Creditors' Committee on 7/5/18 [Dk. 527]. The Court would like to hear the Debtors' response to the concerns raised by the Unsecured Creditors' Committee and is inclined to set a continued status conference on November 29, 2018 at 11:00 a.m.


      Appearances required.


      **************************************************************************** Tentative for 5/31/18:


      The Court has received and reviewed the status report filed by Debtors on 5/17/18 [Dk. 479], the Statement of the Official Committee of Unsecured Creditors filed on 5/17/18 [Dk. 478], and the Statement re: Continued Status Conference filed by Creditors/ Equity Holders Census Asset Management Group and Census Multi Family Fund LVN on 5/16/18 [Dk. 477].


      The Court is inclined to set a continued status conference date of 10/4/18 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances required.


      ************************************************************************* Tentative for 10/19/17:

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11


      Is to set a continued status conference for January 25, 2018 at 11:00 a.m. with a status report due 14 days in advance.


      Appearances are excused for the 10/19/17 hearing.


      ************************************************************************* Tentative for 7/13/17:


      The Court has received and reviewed the Status Report filed on 6/29/17 [Dk. 112]. The Court is inclined to set a continued status conference on 10/19/17 at 11:00 a.m., with a status report due 14 days in advance. The Parties should be prepared to discuss the setting of Chapter 11 deadlines with the Court.


      Appearances required.


      Debtor(s):


      Party Information

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy


      8:18-14052

      Kendall Frozen Fruits, Inc.

      Chapter 11


      #3.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 11/5/18)


      FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19; 3-7-19; 6-13-19; 9-19-19; 1-9-20;

      4-16-20


      Docket 14

      *** VACATED *** REASON: CONTINUED TO JUNE 25, 2020 AT 11:00

      11:00 AM

      CONT...

      Kendall Frozen Fruits, Inc.

      Chapter 11

      A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 5- 22-2020 - (DOCKET NO. [299])

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Kendall Frozen Fruits, Inc. Represented By Steven Werth

        8:19-13930

        Jonathan James Lagman and Samantha Page Lagman

        Chapter 11


        #4.00


        Hearing RE: Confirmation Of Chapter 11 Plan Of Reorganization (D.S. filed 2/7/20)

        (D.S. Approved 4/9/2020) (Chapter 11 Plan filed 2/7/2020)

        (Plan Confirmation set at D.S. held 4/9/2020) FR: 4-9-20

        Docket 60


        Tentative Ruling:

        Tentative for 6/11/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

        11:00 AM

        CONT...


        Jonathan James Lagman and Samantha Page Lagman


        Chapter 11


        Videoconference URL: https://cacb.zoomgov.com/j/1619624197

        Meeting ID: 161 962 4197

        Password: 585810

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 161 962 4197

        Password: 585810

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        Jonathan James Lagman Represented By Michael Jones Sara Tidd

        Joint Debtor(s):

        Samantha Page Lagman Represented By Michael Jones Sara Tidd

        8:19-13930

        Jonathan James Lagman and Samantha Page Lagman

        Chapter 11

        #5.00

        11:00 AM

        CONT...

        Jonathan James Lagman and Samantha Page Lagman

        Chapter 11

        CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

        (Petition filed 10/7/19)


        FR: 11-21-19; advanced from 2-12-20; 1-30-20; 4-29-20


        Docket 7


        Tentative Ruling:

        Tentative for 6/11/20 is to set a continued date of November 5, 2020 at 11:00

        a.m. A status report is due 14 days in advance.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1619624197


        Meeting ID: 161 962 4197


        Password: 585810


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 161 962 4197

        11:00 AM

        CONT...


        Jonathan James Lagman and Samantha Page Lagman


        Chapter 11


        Password: 585810


        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


        *********************************************************************** Tentative for 1/30/20:


        The Court is inclined to set the following dates/deadlines:


        1. Deadline for filing a plan and disclosure Statement: February 7, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


        2. Deadline to object to claims: February 29, 2020.


        3. Continued status conference: April 29, 2020 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances are required.


        Debtor is to lodge an order within seven days.


        ****************************************************************************** Tentative for 11/21/19 is to CONTINUE this status conference to February 12, 2020. A status report is due 14 days in advance.


        Appearances are excused.


        Debtor(s):


        Party Information

        Jonathan James Lagman Represented By Michael Jones

        11:00 AM

        CONT...


        Jonathan James Lagman and Samantha Page Lagman


        Chapter 11

        Joint Debtor(s):

        Samantha Page Lagman Represented By Michael Jones

        8:19-11889

        Invensure Insurance Brokers, Inc.

        Chapter 11


        #6.00


        Hearing RE: Debtor's Motion For Authority To Enter Into Insurance Premium Finance Agreement And To Provide Adequate Protection

        (Motion filed 5/19/2020)


        Docket 288


        Tentative Ruling:

        Tentative for 6/11/20 is to GRANT.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Invensure Insurance Brokers, Inc. Represented By

        Carol Chow


        8:18-14277

        Progressive Solutions, Inc.

        Chapter 11

        11:00 AM

        CONT...

        #7.00


        Progressive Solutions, Inc.


        Chapter 11

        Hearing RE: Motion To Confirm Plan Under 11 U.S.C. Section 1191(a) (Confirmation hearing set at S/C held 4-9-20)

        (Motion filed 5/21/20)


        Docket 200


        Tentative Ruling:

        Tentative for 6/11/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1619624197


        Meeting ID: 161 962 4197


        Password: 585810


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 161 962 4197

        11:00 AM

        CONT...


        Progressive Solutions, Inc.


        Chapter 11

        Password: 585810

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        Progressive Solutions, Inc. Represented By Lewis R Landau

        Trustee(s):

        Mark M Sharf (TR) Pro Se

        8:18-14277

        Progressive Solutions, Inc.

        Chapter 11

        #8.00


        CONT'D STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C. Section 1111(b) Election

        (Set per Order Entered 2/24/2020)


        FR: 4-9-20


        Docket 162

        Tentative Ruling:

        Tentative for 6/11/20 is to set a continued date of November 5, 2020 at 11:00

        11:00 AM

        CONT...

        Progressive Solutions, Inc.

        Chapter 11

        a.m. A status report is due 14 days in advance.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1619624197


        Meeting ID: 161 962 4197


        Password: 585810


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 161 962 4197


        Password: 585810


        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


        ************************************************************************************* Tentative for 4/9/20:


        The Court has read the status report filed 3/26 [Dk. 176] and would appreciate

        11:00 AM

        CONT...


        Progressive Solutions, Inc.


        Chapter 11

        a supplemental report filed by Debtor before April 7, 2020, with respect to all of the active steps that have been undertaken to proceed in this case as a Subchapter V proceeding. For instance, it appears that Debtor has sought no extensions of deadlines that are mandatorily set by statute under Subchapter V, including, but not limited to, 11 U.S.C. §§ 1189(b) and 1116(1).


        The Court would also like to understand what role the Subchapter V Trustee has undertaken with respect to this case.


        Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


        The Parties are reminded to have all relevant filings/information easily accessible.

        Party Information

        Debtor(s):

        Progressive Solutions, Inc. Represented By Lewis R Landau

        Trustee(s):

        Mark M Sharf (TR) Pro Se


        8:18-14277

        Progressive Solutions, Inc.

        Chapter 11


        #9.00


        Hearing RE: First And Final Application For Approval Of Compensation And Reimbursement Of Expenses For The Period From February 25,2020 Through May 19, 2020

        (Application filed 5/21/20)


        [RE: MARK M. SHARF - Subchapter V Trustee] [Fees: $17,400.00; Expenses: $52.25]


        Docket 198

        11:00 AM

        CONT...

        Progressive Solutions, Inc.

        Chapter 11


        Tentative Ruling:

        Tentative for 6/11/20 is to APPROVE as requested.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Progressive Solutions, Inc. Represented By Lewis R Landau

        Trustee(s):

        Mark M Sharf (TR) Pro Se


        8:18-14277

        Progressive Solutions, Inc.

        Chapter 11


        #10.00


        Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From September 20, 2019 Through June 11, 2020

        (Motion filed 5/21/2020)


        [RE: LAW OFFICES OF PAUL KLEVEN - Attorneys For Debtor] [Fees: $990.00; Expenses: $0.00]


        Docket 204

        11:00 AM

        CONT...

        Progressive Solutions, Inc.

        Chapter 11

        Tentative Ruling:

        Tentative for 6/11/20 is to APPROVE as requested, provided that a client declaration in support of the requested fee amount is filed.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Progressive Solutions, Inc. Represented By Lewis R Landau

        Trustee(s):

        Mark M Sharf (TR) Pro Se


        8:18-14277

        Progressive Solutions, Inc.

        Chapter 11


        #11.00


        Hearing RE: Application For Payment Of Final Fees And/Or Expenses For the Period From November 1, 2019 Through June 11, 2020

        (Application filed 5/21/2020)


        [RE: LEWIS R. LANDAU - Attorney At Law - Attorney For Debtor] [Fees: $48,559.50; Expenses: $450.00]


        Docket 203

        11:00 AM

        CONT...

        Progressive Solutions, Inc.

        Chapter 11

        Tentative Ruling:

        Tentative for 6/11/20 is to APPROVE as requested, provided that a client declaration in support of the requested fee amount is filed.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Progressive Solutions, Inc. Represented By Lewis R Landau

        Trustee(s):

        Mark M Sharf (TR) Pro Se


        Tuesday, June 16, 2020 Hearing Room 5C


        9:00 AM

        8:18-13588


        Tim M. McKenna


        Chapter 7

        Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


        #1.00


        TRIAL RE: Complaint Objecting To Debtor's Discharge Under 11 U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

        (Complaint filed 1/4/19)

        (TRIAL set at PTC held 12/18/19)

        [Trial set as "initial Trial date per Order Entered 3/19/2020]


        FR: 4-3-19; 12-18-19; 4-20-20


        Docket 1

        *** VACATED *** REASON: CONTINUED TO JULY 28, 2020 AT 9:00

        A.M. PER ORDER CONTINUING TRIAL ENTERED 5-11-2020 (DOCKET NO. [47])

        Party Information

        Debtor(s):

        Tim M. McKenna Represented By Michael G Spector

        Defendant(s):

        Tim M. McKenna Pro Se

        Plaintiff(s):

        Law Offices of Michelle J. Sukhov, Represented By

        Michelle J Nelson

        Trustee(s):

        Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

        10:00 AM

        6:20-12413


        Rodolfo Benavente Martinez


        Chapter 7


        #1.00


        ZBS Law, LLP - movant attorney Motion for Relief from Stay

        CIT Bank vs. DEBTOR (Motion filed 5/22/20)


        Re: 26325 MISSION RD, LOMA LINDA, CA 92354


        Docket 12

        *** VACATED *** REASON: Order cont. matter to 7/14/20 @ 10:00 a.m. signed and entered on 6/15/20 - jc

        Tentative Ruling:

      • NONE LISTED -

      Party Information

      Debtor(s):

      Rodolfo Benavente Martinez Represented By Brian J Soo-Hoo

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:20-12965


      Alejandro Cervantes


      Chapter 7


      #2.00


      Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay

      Kinecta Federal Credit Union vs. DEBTOR (Motion filed 5/28/20)


      Re: 2019 Ford, F-250 Super Duty; Vehicle Identification Number: 1FT7W2B61KED28821


      EH            


      Docket 9


      Tentative Ruling:

      Tentative for 6/23/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Alejandro Cervantes


      Chapter 7

      Alejandro Cervantes Represented By Ahren A Tiller

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      11:00 AM

      6:17-15755


      River Crest Estates, LLC


      Chapter 7


      #3.00


      Hrg. on trustee's Motion filed 5/20/20 and First Omnibus Motion For Order Disallowing Claims Filed By Tim And Debbie Watkins


      - Claim No. 8 filed by Tim and Debbie Walkins, in the amount of $2,000.00


      • Claim No. 9 filed by Tim and Debbie Watkins, in the amount of $5,000.00


      • Claim No. 10 filed by Tim and Debbie Watkins, in the amount of $30,000


      Docket 173

      *** VACATED *** REASON: Withdrawal of all Claims filed on 6/8/20 - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      River Crest Estates, LLC Represented By Todd L Turoci

      Trustee(s):

      Larry D Simons (TR) Represented By Carmela Pagay Todd A Frealy Lindsey L Smith

      11:00 AM

      6:19-17161

      Steve William Nolan

      Chapter 7

      #4.00

      Hrg. on Chapter 7 Trustee's Motion filed 5/21/20 Objecting to Debtor's Claimed Homestead Exemption

      EH            

      (Tele. appr. D. Edward Hays, rep. trustee, Karl Anderson)


      Docket 0


      Tentative Ruling:

      Tentative for 6/23/20 is to SUSTAIN:


      Before the Court is Ch. 7 Trustee’s objection to Debtor’s claimed homestead exemption in property located at 9300 Rising Sun Road, Corona, CA 92881 ("Property"). The objection is timely filed, as it was filed within 30 days after the conclusion of the meeting of creditors. Fed. R. Bankr. Proc. 4003(b)(1).


      Debtor carries the burden on proving that he is entitled to claim an exemption. In re Pashenee, 531 B.R. 834, 835 (Bankr. E.D. Cal. 2015). Under California law, a homestead exemption may only be claimed where Debtor has interest in a "dwelling." Cal. Code Civ. Proc. § 704.710(c). The statutory definition of "dwelling" expressly excludes "the interest of the beneficiary of a trust." Cal.

      Civ. Proc. Code § 704.910 (West).


      Debtor’s schedules and pleadings indicate that title to the Property is held in a trust settled by Debtor’s father, the William B. Nolan Trust ("Trust"), and that Debtor’s interest in the Property stems from his status as a 50% beneficiary of the Trust. As the homestead statutes specifically exempt interests of the beneficiary of a trust, Debtor has not met his burden and the objection can be sustained.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and

      11:00 AM

      CONT...


      Steve William Nolan


      Chapter 7

      videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1603944931 Meeting ID: 160 394 4931

      Password: 174294

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 394 4931

      Password: 174294

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Steve William Nolan Represented By Nathan Fransen

      Trustee(s):

      Karl T Anderson (TR) Represented By

      11:00 AM

      CONT...

      Steve William Nolan

      D Edward Hays Tinho Mang

      Chapter 7

      1:30 PM

      6:19-17085

      O'Linn Security Incorporated

      Chapter 11

      #5.00

      Hrg. on Third Amended Disclosure Statement EH            

      (Cont. from 5/26/20)

      (Tele. appr. Amy Lawrence, rep. O'Linn Security)

      Docket 0


      Tentative Ruling:

      Tentative for 6/23/20:


      As of the posting of the tentative, a Third Amended Plan and Disclosure Statement have not been filed. While the Court did not previously require the amended plan and disclosure statement be filed by a specific date, it was implied that an amended plan and disclosure statement would be filed in time to allow interested parties to reasonably evaluate the documents.


      To the extent that an amended plan and disclosure statement are filed prior to the hearing, the Court is inclined to CONTINUE the hearing to August 18, 2020 at 1:30 p.m., to allow all interested parties, including the Court, U.S. Trustee, and Creditors, time to review and evaluate the changes provided therein.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11


      Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

      Password: 320652

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 841 0040

      Password: 320652


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      ************************************************************************************** Tentative for 5/26/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617614995

      Meeting ID: 161 761 4995

      1:30 PM

      CONT...

      O'Linn Security Incorporated

      Chapter 11

      Password: 167239

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 761 4995

      Password: 167239


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      ********************************************************************************* Tentative for 4/14/20:


      Telephonic appearances are required.

      The Court is inclined to set continued dates as follows: Debtor should file a Second Amended Disclosure Statement and Plan no later than 4/28/20. Any oppositions must be filed no later than 5/12/20, with a reply due on or before 5/19/20. The continued hearing will occur on May 26, 2020 at 1:30 p.m.


      Utilizing and referencing the redlined edition of the First Amended Disclosure Statement [Dk. 194], the current Disclosure Statement will not be approved for various reasons, unless the Disclosure Statement and Plan are amended to address the following:


      1. Counsel employment for the Unsecured Creditors Committee was denied, and that information should be included in the amended Disclosure Statement.

        1:30 PM

        CONT...


        O'Linn Security Incorporated


        Chapter 11

      2. All non-debtor defendants in the pending class action suit need to be particularly identified, and disclosure of the resultant effects on the Debtor of judgments against those non-debtor individuals must be made.


      3. Ms. Kimberly O'Linn needs to place her $30,000 new value contribution, and Mr. Richard O'Linn needs to place his $40,000 new value contribution, into a blocked account (not to be released without further order of the Court) prior to the filing of the Confirmation Brief by the Debtor. This needs to be added to the amended Disclosure Statement and Plan. Without the funds in place, the Court will not confirm a plan.


      4. No post-confirmation injunction, whether temporary or permanent, shall be provided to non-debtor entities in this case. It makes no difference in the 9th Circuit whether the beneficial party to an injunction is providing "new value" to the Plan, or whether the officer or director is consequential to the success of the Plan.


        The cited authority of the Debtor, In re Brothby, 303 B.R. 177, 191 (B.A.P. 9th Cir. 2003), is inapplicable to the present circumstances and factual underpinnings. A court may disapprove a disclosure statement because the plan being described therein could not possibly be confirmed. In re Main St.

        AC, Inc., 234 B.R. 771, 775 (Bankr. N.D. Cal. 1999). A plan which contains terms that even temporarily enjoin non-Debtor parties, including the principal and/or former principal of the Debtor, does not comport with the provisions of 11 U.S.C. § 524. In re Rohnert Park Auto Parts, Inc., 113 B.R. 610, 615 (B.A.P. 9th Cir. 1990). Therefore, such a plan is unconfirmable under 11

        U.S.C. § 1129(a)(1).


      5. The Court doesn't understand the language regarding the treatment of Class 5 and/or Class 6 contained on page 21, lines 18-20. Specifically, the phrase ..."and if the Court does not confirm this Plan" is unclear. If the Court "does not confirm [the] Plan", the Plan and the treatment provided in the Plan will not exist and will have no effect.


      6. Any monies reserved for unliquidated, disputed Class 5 creditors must be placed into a blocked account (not to be released without further order of the Court) prior to entry of a confirmation order. Without the funds in place, the

        1:30 PM

        CONT...


        O'Linn Security Incorporated


        Chapter 11

        Court will not confirm a plan.


      7. Page 24, lines 20 - 21. "It's" is a contraction of "it is" or "it has." "Its" is a possessive determiner. Please correct.


      The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. The Parties are reminded to have all relevant filings/information easily accessible.


      ***************************************************************************

      Tentative for 3/10/20 is to CONTINUE this hearing to 5/12/20 at 1:30 p.m., to allow Debtor to file an amended Disclosure Statement addressing the points identified in the Oppositions filed by the United States Trustee and Official Committee of Unsecured Creditors. The Court notes that it is appropriate for Debtor to identify and clarify the issues raised in the Oppositions, including those regarding the confirmability of the proposed plan, in Debtor's Amended Disclosure Statement. Debtor should file its Amended Disclosure Statement no later than 4/1/20. Any oppositions must be filed no later than 4/28/20, with a reply due on or before 5/5/20.


      Additionally, the Court will set a continued status conference on 5/12/20 at 1:30 p.m., concurrent with the continued hearing on Debtor's amended Disclosure Statement. A status report is due 14 days in advance.


      Appearances for the 3/10 hearing are excused.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #6.00


      Hrg. on Chapter 11 Status Conference (Cont. from 5/26/20)

      (Tele. appr. Amy Lawrence, rep. O'Linn Security)


      Docket 0


      Tentative Ruling:

      Tentative for 6/23/20 is to set a continued date of August 18, 2020 at 1:30

      p.m. A status report is due 14 days in advance.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

      Password: 320652

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      1:30 PM

      CONT...

      O'Linn Security Incorporated

      Chapter 11

      Meeting ID: 160 841 0040


      Password: 320652


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      ************************************************************************************** Tentative for 5/26/20 is to set a continued date of August 4, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617614995


      Meeting ID: 161 761 4995


      Password: 167239


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 761 4995

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      Password: 167239


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      ************************************************************************************* Tentative for 5/12/20 to CONTINUE to July 14, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible.


      ************************************************************************************* Tentative for 4/14/20:


      Telephonic appearances are required. The Court is inclined to set a continued status conference date which coincides with the continued hearing on the Disclosure Statement, which is proposed to be May 26, 2020 at 1:30 p.m.


      The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible.


      **************************************************************************** Tentative for 10/01/19:

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      As an initial matter, the Court notes that no Corporate Resolution has been filed as required pursuant to the Court Manual, Section 2.1(e)(1)(E).


      The Court is inclined to set the following dates/deadlines provided that Debtor files the Corporate Resolution by 12:00 p.m. on October 1, 2019:


      1. December 30, 2019: Last date to file a plan and disclosure statement.


      2. December 15, 2019: Last date to file claims ("Claims Bar Date").


      3. October 9, 2019: Last date for Debtor to serve notice of the Claims Bar Date.


      If Debtor fails to file the Corporate Resolution by the deadline, the Court will be inclined to set an OSC why this case should not be dismissed or converted to chapter 7.


      Appearances are required.


      Debtor(s):


      Party Information

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #7.00


      Hrg. on Debtor's Objection filed 4/21/20 to Proof of Claim No. 8 by Claimant Pacelli Wage & Hour Class. in the amount of $5,000,000.00 Filed by Debtor O'Linn Security Incorporated


      EH            


      (Cont from 5/26/20)


      (Tele. appr. Amy Lawrence, rep. O'Linn Security)


      Docket 0


      Tentative Ruling:

      Tentative for 6/23/20 is to CONTINUE to August 18, 2020 at 1:30 p.m., based on the representation made in the latest filed Status Report [Dk. 268] that Debtor and the Putative Class have reached a settlement agreement.


      If a proposed settlement is not consummated and this matter is not otherwise taken off calendar, Debtor must provide status no later than 14 days prior to the continued hearing. Opposition to this motion shall be due 14 days prior to the continued hearing, and a Reply shall be due 7 days prior to the continued hearing.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608410040

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11


      Meeting ID: 160 841 0040

      Password: 320652

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 841 0040

      Password: 320652

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #7.10


      Hrg. on Debtor's Motion filed 6/5/20 Third Supplement to Motion for Authority to Use Cash Collateral on a Final Basis Through December 31, 2020, Pursuant to Stipulation with Pacific Premier Bank


      EH            


      Docket 263


      Tentative Ruling:

      Tentative for 6/23/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

      Password: 320652


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 841 0040

      Password: 320652

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter Everett L Green

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #7.20


      Hrg. on Debtor's Motion filed 6/18/20 to Borrow Motion for Entry of Interim and Final Orders Authorizing Post-Petition Financing


      (Advanced from 7/14/20)


      Docket 269


      Tentative Ruling:

      Tentative for 6/23/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

      Password: 320652


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      Meeting ID: 160 841 0040

      Password: 320652

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter Everett L Green

      1:30 PM

      6:19-20116


      Nakamoto Bullies, Inc.


      Chapter 11


      #8.00


      Hrg. on Chapter 11 Status Conference (Cont. from 1/7/20)

      EH            


      Docket 1

      *** VACATED *** REASON: Order Dismissing case entered on 6/15/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Nakamoto Bullies, Inc. Represented By Kevin Tang

      1:30 PM

      6:17-13972


      Coracel Suratos Templo


      Chapter 7

      Adv#: 6:19-01162 Jimenez v. Templo


      #7.00


      STATUS CONFERENCE re Complaint by Rebecca Marie Jimenez against Coracel Suratos Templo- §§523(a)(2), 523(a)(4), 523(a)(6)


      EH         


      (Cont. from 4/29/20)


      Docket 1


      Tentative Ruling:

      Tentative for 6/24/20 is to CONTINUE to August 5, 2020 at 1:30 p.m. A status report, either unilateral or joint, is due 14 days before the continued hearing.


      Appearances for the 6/24 hearing are excused.


      ************************************************************************************** Tentative for 4/29/20 is to CONTINUE the status conference to June 24, 2020 at 1:30 p.m. A status report, either unilateral or joint, is due 14 days before the continued hearing.


      Appearances for the 4/29 hearing are excused.


      ******************************************************************************** Tentative for 02/19/20 is to CONTINUE the status conference to April 15, 2020, and impose a $50 sanction on Plaintiff for failure to comply with applicable rules and instructions.


      This adversary was filed on November 15, 2019. A Request for Entry of Default was filed on 1/18/20 [Dk. 6]. On 1/23/20, Notice that a Default Has Not Been Entered was served on the Plaintiff [Dk. 8]. The Court notes that, as of the posting of this tentative, the docket does not reflect any further activity. A unilateral status report has not been filed. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of

      1:30 PM

      CONT...


      Coracel Suratos Templo


      Chapter 7

      Counsel and Status Conference Instructions, issued November 18, 2019 [Dk. 3].


      Appearances are required.


      Debtor(s):


      Party Information

      Coracel Suratos Templo Represented By Neil R Hedtke

      Christopher Hewitt

      Defendant(s):

      Coracel Suratos Templo Pro Se

      Plaintiff(s):

      Rebecca Marie Jimenez Represented By Jeffrey G Jacobs

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:18-15684


      Christopher John Mulvania


      Chapter 7

      Adv#: 6:19-01125 Simons v. Mulvania


      #8.00


      PRE-TRIAL CONFERENCE re: Complaint by Larry D. Simons against Joshua Mulvania. (Charge To Estate) ($350.00). for: 1) Avoidance Of Intentional Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 2) Avoidance Of Constructive Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code

      §§3439.04, 3439.05, 3439.07]; 3) Preservation Of Avoided Transfers [11 U.S.C.

      § 551]; 4) Disallowance Of Claims [11 U.S.C. § 502(d)]; 5) Unjust Enrichment

      [11 U.S.C. § 105]; and 6) Turnover Of Property Of The Estate [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment))


      EH            


      Docket 1

      *** VACATED *** REASON: Order approving stipulation to dismiss adversary proceeding entered on 4/14/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Christopher John Mulvania Represented By

      Bryant C MacDonald

      Defendant(s):

      Joshua Mulvania Pro Se

      Plaintiff(s):

      Larry D. Simons Represented By

      1:30 PM

      CONT...


      Trustee(s):


      Christopher John Mulvania


      Brandon J Iskander


      Chapter 7

      Larry D Simons (TR) Represented By Lynda T Bui Brandon J Iskander

      1:30 PM

      6:19-13251


      David Henry Hilton, Jr.


      Chapter 7

      Adv#: 6:19-01110 Redd v. Hilton, Jr.


      #9.00


      PRE-TRIAL CONFERENCE re: Complaint by LaToya S Redd against David Henry Hilton Jr.. - 727, 523(a)(2)


      EH            


      Docket 1

      *** VACATED *** REASON: Pre-Trial conference to be held on 9/23/20 @ 1:30 p.m. per order signed on 3/25/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      David Henry Hilton Jr. Represented By Jenny L Doling Summer M Shaw

      Defendant(s):

      David Henry Hilton Jr. Represented By Jenny L Doling

      Plaintiff(s):

      LaToya S Redd Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-15954


      William Horace Eisenhower


      Chapter 7

      Adv#: 6:19-01141 Friend, Jr v. Eisenhower


      #10.00


      STATUS CONFERENCE re: Complaint by Robert M Friend Jr against William Horace Eisenhower - 523(a)(4)


      EH            


      (Cont. from 4/1/20)


      Docket 1


      Tentative Ruling:

      Tentative for 6/24/20 is to CONTINUE to August 5, 2020 at 1:30 p.m., concurrent with the continued hearing on Plaintiff's motion for default judgment. A status report is not required.


      Appearances for the 6/24 hearing are excused.


      ************************************************************************************** Tentative for 4/1/20 is to CONTINUE to June 24, 2020 at 1:30 p.m. If the adversary has not been otherwise resolved, a status report (whether unilateral or joint) is due 14 days before the continued status conference.

      Plaintiff is to file a motion for default judgment by no later than April 30, 2020. Appearances for the 4/1 hearing are excused.

      Party Information

      Debtor(s):

      William Horace Eisenhower Represented By Alon Darvish

      Defendant(s):

      William Horace Eisenhower Pro Se

      1:30 PM

      CONT...


      William Horace Eisenhower


      Chapter 7

      Plaintiff(s):

      Robert M Friend Jr Represented By Aaron F Garcia

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-19296


      John Paul Salvador


      Chapter 7

      Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


      #11.00


      STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


      EH            


      (Cont. from 4/15/20)


      Docket 1

      *** VACATED *** REASON: Cont. to 8/5/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      John Paul Salvador Pro Se

      Defendant(s):

      United States Department of Justice Pro Se Internal Revenue Service Pro Se

      United States Attorney Central Pro Se

      Plaintiff(s):

      John Paul Salvador Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:19-19296


      John Paul Salvador


      Chapter 7

      Adv#: 6:20-01011 Salvador v. US Department of Education et al


      #12.00


      STATUS CONFERENCE re: Complaint by John Paul Salvador against US Department of Education § 523(a)(8)


      EH            


      (Cont. from 4/15/20)


      Docket 1

      *** VACATED *** REASON: Cont. to 8/5/20 @ 1:30 by Another Summons Issued on 6/8/20 - jc

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        John Paul Salvador Pro Se

        Defendant(s):

        US Department of Education Pro Se

        National Credit Services Pro Se

        Plaintiff(s):

        John Paul Salvador Pro Se

        Trustee(s):

        Todd A. Frealy (TR) Pro Se

        1:30 PM

        6:19-20061


        Fernando Alfonso Perez


        Chapter 7

        Adv#: 6:20-01036 Grobstein, Chapter 7 Trustee v. Perez et al


        #13.00


        STATUS CONFERENCE re: Complaint by Howard B. Grobstein, Chapter 7 Trustee against Alfonso Perez, Diego Perez. for sale of property of estate and of a co-owner - 363(h)


        EH            


        Docket 1


        Tentative Ruling:

        Tentative for 6/24/20 is to CONTINUE to August 19, 2020 at 10:00 a.m.


        As of the posting of this tentative, the parties have not filed a status report in compliance with the requirements of LBR 7016-1(a). Future noncompliance with applicable rules and instructions may result in monetary and nonmonetary sanction, including dismissal.


        Appearances for the 6/24 hearing are excused.

        Party Information

        Debtor(s):

        Fernando Alfonso Perez Represented By Michael K Blue

        Defendant(s):

        Alfonso Perez Pro Se

        Diego Perez Pro Se

        Plaintiff(s):

        Howard B. Grobstein, Chapter 7 Represented By

        Roye Zur

        1:30 PM

        CONT...

        Trustee(s):


        Fernando Alfonso Perez


        Chapter 7

        Howard B Grobstein (TR) Represented By Roye Zur

        10:00 AM

        8:19-10153


        Thomas Joseph Lynch, JR


        Chapter 7

        Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch


        #1.00


        CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint To Determine The Dischargeability Of Debts Pursuant To 11 U.S.C. Section 523(a) (2)(A)

        (Complaint filed 4/23/19)

        (First Amended Complaint filed 7/3/19) (PTC set at S/C held 10/2/19)


        FR: 7-17-19; 10-2-19; 4-29-20


        Docket 1


        Tentative Ruling:

        Tentative for 6/24/20:


        The Court has the following dates available for trial:


        November 23 - 25, 2020

        December 7 - 11, 2020


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1612425836 Meeting ID: 161 242 5836

        10:00 AM

        CONT...


        Thomas Joseph Lynch, JR


        Chapter 7

        Password: 095506

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 161 242 5836

        Password: 095506


        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


        *************************************************************************************** Tentative for 10/02/19:


        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: February 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: March 19, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: April 29, 2020 at 10:00 a.m.


        The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.

        10:00 AM

        CONT...


        Thomas Joseph Lynch, JR


        Chapter 7


        Plaintiff is to lodge a scheduling order within seven (7) days. Appearances are required.

        ********************************************************************************* Tentative for 7/17/19:


        This matter is CONTINUED to October 2, 2019 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances are excused.


        Debtor(s):


        Party Information

        Thomas Joseph Lynch JR Represented By Patrick OKennedy

        Defendant(s):

        Thomas Joseph Lynch Jr. Pro Se

        Plaintiff(s):

        NuVision Federal Credit Union Represented By Alana B Anaya

        Trustee(s):

        Karen S Naylor (TR) Pro Se

        10:00 AM

        8:19-11843


        Adam Foster


        Chapter 7

        Adv#: 8:19-01172 Cervantes v. Foster


        #2.00


        CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(5) And (a)(15) (Complaint filed 8/26/19)

        (PTC set at S/C held 11/20/19) FR: 11-20-19; 5-13-20


        Docket 1


        Tentative Ruling:

        Tentative for 6/24/20 is to CONTINUE to August 19, 2020 at 10:00 a.m.


        As of the posting of this tentative, the parties have not filed a pretrial stipulation in compliance with the requirements of LBR 7016-1(b). If the parties fail to comply with applicable rules and instructions in the future, the Court may dismiss this adversary proceeding pursuant to LBR 7016-1(f).


        Appearances for the 6/24 hearing are excused.


        **************************************************************************************** Tentative for 11/20/19:


        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: February 20, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: May 13, 2020 at 11:00 a.m.

        10:00 AM

        CONT...


        Adam Foster


        Chapter 7

        The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


        Note: If all parties agree with the foregoing tentative schedule, appearances are waived and Plaintiff shall lodge/serve a scheduling order within seven (7) days consistent with same.


        Party Information

        Debtor(s):

        Adam Foster Represented By

        Amanda G Billyard

        Defendant(s):

        Adam Thomas Foster Pro Se

        Plaintiff(s):

        Trina C. Cervantes Represented By Natali A Ron

        Trustee(s):

        Richard A Marshack (TR) Pro Se

        10:00 AM

        8:19-14970


        Gerardo Emigdio Navarro Estrada


        Chapter 7

        Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada


        #3.00


        STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2), 523(a)(4) And (a)(6) (Complaint filed 4/6/2020)


        Docket 1


        Tentative Ruling:

        Tentative for 6/24/20 is to CONTINUE to August 19, 2020 at 10:00 a.m.


        As of the posting of this tentative, the parties have not filed a status report in compliance with the requirements of LBR 7016-1(a). Future noncompliance with applicable rules and instructions may result in monetary and nonmonetary sanction, including dismissal or entry of order striking the answer and entering a default judgment.


        Appearances for the 6/24 hearing are excused.

        Party Information

        Debtor(s):

        Gerardo Emigdio Navarro Estrada Pro Se

        Defendant(s):

        Gerardo Emigdio Navarro Estrada Pro Se

        Plaintiff(s):

        Action Mobile Homes, Inc. Represented By Edward T Weber

        Trustee(s):

        Jeffrey I Golden (TR) Pro Se

        10:00 AM

        8:20-10238


        Taylor Robinson Pollei


        Chapter 7

        Adv#: 8:20-01070 Crowley v. Pollei


        #4.00


        Hearing RE: Motion To Dismiss Adversary Complaint (Motion filed 6/1/2020)


        Docket 6


        Tentative Ruling:

        Tentative for 6/24/20 is to DENY:


        In order to bring a successful motion to dismiss on a fraud cause of action, a defendant must show that the plaintiff did not plead "with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b). To satisfy Rule 9(b), a complaint must plead the who, what, where, when, why and how. Shroyer v. New Cigular Wireless Services, 622 F. 3d 1035m 1042 (9th Cir.

        2010); Cooper v. Pickett, 137 F.3d 616, 627 (9th Cir. 1995).


        Defendant’s motion argues that Plaintiff’s claims are without merit but does not show that Plaintiff’s complaint lacks particularity as to its §§ 523(a)(2)(A) or 523(a)(6) causes of action. Therefore, Defendant has not met its burden.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1612425836 Meeting ID: 161 242 5836

        10:00 AM

        CONT...


        Taylor Robinson Pollei


        Chapter 7

        Password: 095506

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 161 242 5836

        Password: 095506

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        Taylor Robinson Pollei Represented By Jeffrey B Smith

        Defendant(s):

        Taylor Robinson Pollei Represented By Jeffrey B Smith

        Joint Debtor(s):

        Amber Lee Pollei Represented By Jeffrey B Smith

        Plaintiff(s):

        Maureen E. Crowley Represented By

        10:00 AM

        CONT...


        Trustee(s):


        Taylor Robinson Pollei


        Brett Ramsaur


        Chapter 7

        Weneta M Kosmala (TR) Pro Se

        11:00 AM

        8:11-17664


        Martha Lucrecia Diaz


        Chapter 7


        #5.00


        CONT'D RE: Motion For The Trustee To Abandon The Asset Or File Adversary Complaint

        (Motion filed 1/24/2020) FR: 4-1-20; 5-13-20

        Docket 37

        *** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 11:00

        A.M. PER ORDER CONTINUING HEARING AND REQUIRING RESPONSE BY CHAPTER 7 TRUSTEE ENTERED 6-17-2020 - (DOCKET NO. [55])

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Martha Lucrecia Diaz Represented By Dennise S Henderson

        Trustee(s):

        Weneta M Kosmala (TR) Pro Se

        11:00 AM

        8:19-12414


        Charles S Zahedi


        Chapter 7

        Adv#: 8:19-01198 Moersch v. Zahedi


        #6.00


        CONT'D Hearing RE: Plaintiff's Motion For Summary Judgment (Motion filed 4/16/2020)


        FR: 5-28-20


        Docket 11


        Tentative Ruling:

        Tentative for 6/24/20 is to DENY:


        Plaintiff and Defendant entered into a partnership agreement in 2002. Thereafter, Plaintiff brought a civil action against Defendant in La Cour Supérieure de Justice in Luxembourg. A decision was rendered by the Luxembourg Court on June 17, 2009, and subsequently appealed. The La Cour d’appeal du Gand-Duché de Luxembourg ("Luxembourg Court") entered a judgment in favor of Plaintiff for $310,000.00 on March 21, 2012, finding that Defendant breached the partnership agreement and poached Plaintiff's patients.


        The foreign judgment was recognized by the United States District Court under the Uniform Foreign County Money Judgments Recognition Act, CCP

        §§ 1713 et seq. on January 13, 2017, and a judgment was rendered in favor of Plaintiff in the amount of $413,075.00 in damages and $63,429.95 in interest. Defendant appealed, but the appeal was denied and the judgment is now final.


        On September 30, 2019, Plaintiffs filed the instant adversary proceeding alleging dischargeability pursuant to §§ 523(a)(2)(A) and 523(a)(6) of the District Court judgment of $413,075.00 in damages and $63,429.95 in interest, plus interest thereafter at a rate of 10% per annum. Plaintiff now seeks summary judgment on all causes of action on the basis of issue preclusion given the findings and conclusions rendered by the Luxembourg

        11:00 AM

        CONT...

        Court.


        Charles S Zahedi


        Chapter 7


        A motion for summary judgment is appropriate where the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. Civil Rule 56(a). Under the doctrine of issue preclusion, the Court may preclude litigation of an issue that: (1) is identical to that which was decided in a prior proceeding; (2) was actually litigated in the prior proceeding; (3) was necessarily decided in the prior proceeding; (4) is subject to a final judgment on the merits; and (5) is brought against the same party to the prior proceeding. In re Harmon, 250 F.3d at 1245 (9th Cir. 2001).


        As to § 523(a)(2)(A), Plaintiff relies on allegations that Defendant’s misrepresentations occurred at the time he entered into the partnership agreement with Plaintiff. See Complaint [Dk. 1] at ¶16 and 22. However, Plaintiff’s motion for summary judgment fails to provide any facts showing that Defendant, at the time he entered into the partnership, made any false representations to Plaintiff, either willfully or with the requisite intent to deceive the Plaintiff. Furthermore, Plaintiff fails to show that the foregoing issues were actually litigated and necessarily decided by the Luxembourg Court.


        As to § 523(a)(6), Plaintiff relies on the Luxembourg Court's statement that Defendant "poached" clients to show that Defendant committed a willful and malicious act. However, Plaintiff provides no legal or factual authority to show whether the Luxembourg Court considered Defendant's intentions and/or justifications. In short, it is unclear that this statement was intended to reflect tortious conduct beyond a breach of contract. A mere breach of contract is not sufficient to satisfy a §523(a)(6) dischargeability claim. In re Jercich, 238 F.3d 1202, 1206 (9th Cir. 2001).


        Therefore, Plaintiff has not met his burden to show that no genuine dispute of material fact exists under either §§ 523(a)(2)(A) or (a)(6), and so Plaintiff's motion for summary judgment is DENIED.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

        11:00 AM

        CONT...


        Charles S Zahedi


        Chapter 7


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

        Videoconference URL: https://cacb.zoomgov.com/j/1617976939 Meeting ID: 161 797 6939

        Password: 768072

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 161 797 6939

        Password: 768072

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        Charles S Zahedi Represented By

        Catherine Christiansen Fritz J Firman

        Defendant(s):

        Charles S Zahedi Represented By Fritz J Firman

        11:00 AM

        CONT...


        Charles S Zahedi


        Chapter 7

        Plaintiff(s):

        Carlo Moersch Represented By Jeffrey D Schreiber

        Trustee(s):

        Richard A Marshack (TR) Pro Se

        11:00 AM

        8:17-11996


        WJA Asset Management LLC


        Chapter 11


        #1.00


        Hearing RE: Confirmation Of Chapter 11 Plan Of Liquidation Of Equity Indexed Managed Fund, LLC

        (D.S. filed 2/27/2020) (D.S. Approved 4/9/2020)

        (Plan Confirmation set per hearing held 4/9/2020)


        Docket 1163


        Tentative Ruling:

        Tentative for 6/25/20 is to CONFIRM. As in the standard practice in this case, post-confirmation status of this plan shall be discussed at the status conference currently scheduled to occur on December 3, 2020 at 11:00 a.m., with the status report included within the report filed in the main case and filed 14 days in advance of the hearing.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1617550970 Meeting ID: 161 755 0970

        Password: 370710


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

        11:00 AM

        CONT...


        WJA Asset Management LLC


        Chapter 11

        conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 161 755 0970

        Password: 370710

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        WJA Asset Management LLC Represented By

        Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

        Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

        11:00 AM

        8:17-11996


        WJA Asset Management LLC


        Chapter 11


        #2.00


        Hearing RE: Approval Of Disclosure Statement Describing Chapter 11 Plan Of Liquidation Of WJA Secure Real Estate Fund, LLC

        (Motion filed 5/14/2020)


        Docket 0


        Tentative Ruling:

        Tentative for 6/25/20 is to APPROVE and set the following dates/deadlines:


        Deadline to serve plan documents, including ballot = 7/2/20

        Deadline for ballot return & Objections to Confirmation = 8/6/20 at 5:00 p.m Deadline for Confirmation brief and ballot summary = 8/20/20

        Reply to Confirmation brief due = 8/27/20

        Confirmation hearing = September 3, 2020 at 11:00 a.m.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

        Videoconference URL: https://cacb.zoomgov.com/j/1617550970 Meeting ID: 161 755 0970

        Password: 370710

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

        11:00 AM

        CONT...

        WJA Asset Management LLC

        Chapter 11

        conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 161 755 0970


        Password: 370710


        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        WJA Asset Management LLC Represented By

        Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

        Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

        11:00 AM

        8:17-12018


        WJA Secure Income Fund LLC


        Chapter 11

        Adv#: 8:19-01092 WJA Secure Income Fund, LLC v. Winget, Spadafora & Schwartzberg, LLP


        #3.00


        CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Unjust Enrichment AND Third-Party Complaint Against William M. Jordan For (1) Breach Of Contract - Third Party Beneficiary, (2) Quantum Meruit, (3) Unjust Enrichment, (4) Implied Indemnity, (5) Equitable Indemnity, (6) Contribution,

        And (7) Declaratory Relief (Complaint filed 5/17/19)

        (Third-Party Complaint filed 7/17/19) (Another Summons issued 7/29/19) (PTC set at S/C held 10/2/19)


        FR: 8-8-19; 10-2-19


        Docket 1

        *** VACATED *** REASON: CONTINUED TO AUGUST 25, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO EXTEND DATES ENTERED 2-27-20 - (DOCKET NO. [27])

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        WJA Secure Income Fund LLC Represented By

        Lei Lei Wang Ekvall Robert S Marticello

        Defendant(s):

        Winget, Spadafora & Schwartzberg, Pro Se Arto J. Nuutinen Pro Se

        Plaintiff(s):

        WJA Secure Income Fund, LLC Represented By Michael W Davis

        11:00 AM

        CONT...


        WJA Secure Income Fund LLC


        Chapter 11

        11:00 AM

        8:17-12660


        Chrestotes, Inc


        Chapter 11


        #4.00


        CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

        Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/17)

        (Set at Confirmation Hearing on 10/25/18)


        FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18; 7-12-18; 8-2-18; 10-18-18;

        10-25-18; 4-18-19; 7-18-19; 1-9-20; 4-16-20


        Docket 9


        Tentative Ruling:

        Tentative for 6/25/20 is to CONTINUE to September 24, 2020 at 11:00 a.m. A status report, which complies with LBR 3020-1(b), is due 14 days in advance.


        The status report filed 6/15/20 [Dk. 300] does not comply with the requirements set forth in LBR 3020-1. Specifically, the report does not include a schedule listing each debt and each class of claims, the total amounts to be paid under the plan and paid to date, and any deficiencies. Future non- compliance may result in non-monetary sanctions, including conversion or dismissal.


        Appearances for the 6/25 hearing are excused.


        *************************************************************************************** Tentative for 1/09/20:


        This matter is CONTINUED to 04/16/20 at 11:00 a.m. A status report, which complies with LBR 3020-1, is due 14 days in advance.


        The Court notes that the status report filed 1/2/20 [Dk. 293] did not comply with the requirements set forth in LBR 3020-1. Non-compliance is excused in this instance, but future compliance is required.


        Appearances are excused.

        11:00 AM

        CONT...


        Chrestotes, Inc


        Chapter 11


        **************************************************************************** Tentative for 4/18/19:


        The Court has received and reviewed the Declaration of Default and Request for Hearing Regarding Default Under the Plan filed by Debtor's attorney, David Tilem, on March 29, 2019 [Dk. 269]. As of the posting of this Tentative, no post-confirmation status report has been filed. The Court requires a briefing of the status of Debtor's performance for all post-confirmation requirements, not just payments to Debtor's counsel.


        The Court is inclined to issue an Order to Show Cause why the case should not be converted to Chapter 7 for Debtor's failure to perform under the terms of the Plan ("OSC").


        Debtor and its counsel should both appear at the hearing, brief the Court as to the status of Debtor's performance under the terms of the plan, and propose a hearing date and briefing schedule for the OSC.


        Appearances required.


        Debtor(s):


        Party Information

        Chrestotes, Inc Represented By David A Tilem

        11:00 AM

        8:18-14052


        Kendall Frozen Fruits, Inc.


        Chapter 11


        #5.00


        Hearing RE: Chapter 11 Trustee's Motion For Approval Of Disclosure Statement Describing Chapter 11 Trustee Howard B. Grobstein's Chapter 11 Plan Of Reorganization

        (Motion filed 5/8/2020)


        Docket 294


        Tentative Ruling:

        Tentative for 6/25/20 is to APPROVE and set the following dates/deadlines:


        Deadline to serve plan documents, including ballot = 7/2/20

        Deadline for ballot return & Objections to Confirmation = 8/6/20 at 5:00 p.m. Deadline for Confirmation brief and ballot summary = 8/20/20

        Reply to Confirmation brief due = 8/27/20

        Confirmation hearing = September 3, 2020 at 11:00 a.m.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1617550970 Meeting ID: 161 755 0970

        Password: 370710


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

        11:00 AM

        CONT...


        Kendall Frozen Fruits, Inc.


        Chapter 11

        audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 161 755 0970

        Password: 370710

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

        Trustee(s):

        Howard B Grobstein (TR) Represented By David Wood

        Matthew Grimshaw Tinho Mang

        11:00 AM

        8:18-14052


        Kendall Frozen Fruits, Inc.


        Chapter 11


        #6.00


        CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

        (Petition filed 11/5/18)


        FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19; 3-7-19; 6-13-19; 9-19-19; 1-9-20;

        4-16-20; 6-11-20


        Docket 14


        Tentative Ruling:

        Tentative for 6/25/20 is to CONTINUE this status conference to September 3, 2020 at 11:00 a.m., to be heard concurrently with the hearing on plan confirmation. A status report is not required.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1617550970 Meeting ID: 161 755 0970

        Password: 370710


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        11:00 AM

        CONT...


        Kendall Frozen Fruits, Inc.


        Chapter 11


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 161 755 0970

        Password: 370710


        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


        ***************************************************************************

        Tentative for 1/09/20 is to CONTINUE this status conference to April 16, 2020 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances are excused.


        *************************************************************************** Tentative for 09/19/19 is to CONTINUE this status conference to January 9, 2020 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances are excused.


        **************************************************************************** Tentative for 6/13/19 is to set a continued status conference date of September 19, 2019 at 11:00 a.m. with a status report due 14 days in advance.


        Appearances are excused. No hearing will occur.


        ****************************************************************************

        Tentative for 3/07/19 is to set a continued status conference date of June 27, 2019 at 11:00 a.m. with a status report due 14 days in advance.

        11:00 AM

        CONT...


        Kendall Frozen Fruits, Inc.


        Chapter 11

        Appearances required.


        ****************************************************************************** Tentative for 2/07/19 is to set a continued status conference on April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.


        Debtor is also instructed to lodge a scheduling order setting forth the dates and deadlines established at the 1/24/19 status conference.


        **************************************************************************** Tentative for 1/24/19 is to set the following dates/deadlines:


        1. Deadline for filing a plan and disclosure statement: March 5, 2019. See Status Report filed 12/6/18 [Dk. 60], pg. 9:15-18. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.


        2. Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.


        3. Continued status conference: April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.


        Appearances required.


        ***************************************************************************** Tentative for 12/20/18:


        The Court has received and reviewed the status report filed on December 6, 2018 [Dk. 60]. The Status Conference is CONTINUED to January 24, 2019 at 11:00 a.m. Debtor is to submit a supplemental status report, updating the report submitted for the December 20, 2018 status conference, by no later than 14 days in advance of the January 24, 2019 hearing.


        Appearances are excused.

        Party Information

        11:00 AM

        CONT...

        Debtor(s):


        Kendall Frozen Fruits, Inc.


        Chapter 11

        Kendall Frozen Fruits, Inc. Represented By Steven Werth

        11:00 AM

        8:19-13728


        Thompson National Properties, LLC


        Chapter 11


        #7.00


        CONT'D Hearing RE: Debtor's Motion For Disallowing Claim: (Motion filed 2/4/2020)


        Claim Number: 48-1 Lorelei Mooney, $111,000.00

        Herbert and Helen Schweiger Trust, a Trust

        ARI-DFW East & West 9, L.P., a Delaware Limited Partnership

        Gary Lamm, James Mieul


        FR: 3-5-20; 4-9-20


        Docket 76

        *** VACATED *** REASON: CONTINUED TO AUGUST 20, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING AND RELATED DEADLINES ENTERED 6-11-2020 - (DOCKET NO. [218])

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Thompson National Properties, LLC Represented By

        Leonard M Shulman

        11:00 AM

        8:20-10754


        Gary Song Jiunn Mor


        Chapter 11


        #8.00


        CONT'D Hearing RE: Emergency Motion For Order Authorizing Debtor In Possession To Use Cash Collateral Under 11 U.S.C. Section 363(e) (Motion filed 3/2/2020)


        FR: 3-5-20; 5-7-20


        Docket 10


        Tentative Ruling:

        Tentative for 6/25/20 is to APPROVE.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

        There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.


        **************************************************************************************** Tentative for 5/7/20:


        The Court is unable to approve final use of cash collateral until Debtor properly serves the primary affected creditor, Sterling National Bank. FRBP 4001 requires that a cash collateral motion be served pursuant to FRBP 9014, which in turn requires service pursuant to FRBP 7004. FRBP 7004(h) requires that service on an FDIC-insured depository institution be made by

        11:00 AM

        CONT...


        Gary Song Jiunn Mor


        Chapter 11

        certified mail and addressed to an officer of the institution. It appears that Debtor did not serve Sterling National Bank at the correct address by certified mail, or address the mailed service to an officer as required.


        Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


        The Parties are reminded to have all relevant filings/information easily accessible during the hearing.

        Party Information

        Debtor(s):

        Gary Song Jiunn Mor Represented By Andy C Warshaw

        11:00 AM

        8:20-10754


        Gary Song Jiunn Mor


        Chapter 11


        #9.00


        Hearing RE: Motion Authorizing The Assumption Of Real And Personal Property Leases

        (Motion filed 5/15/20)


        Docket 46


        Tentative Ruling:

        Tentative for 6/25/20 is to CONTINUE to August 20, 2020 at 11:00 a.m.


        While the motion seeks court authority to assume and reject real and personal property leases, the caption of the motion indicates that Debtor seeks only assumption of the specified leases. As such, service of the motion may not have put parties on notice that Debtor seeks to reject leases. Debtor is directed to file and serve an amended motion to clarify notice and the scope of the motion prior to the continued hearing and pursuant to local and federal rules.


        Appearances for the 6/25 hearing are excused.

        Party Information

        Debtor(s):

        Gary Song Jiunn Mor Represented By Andy C Warshaw

        11:00 AM

        6:19-12998


        Wibi Limited


        Chapter 7


        #1.00


        Hrg. on chapter 7 trustee's final report; applications for compensation EH            

        [Re: Karl T. Anderson, trustee] [Fees; $4750.00; Expenses; $24.70]


        [Re: Shulman Bastian Friedman 7 Bui LLP; attorneys for trustee] [Fees; $13,165.00; Expenses; $196.24]


        [Re: Karl T. Anderson; accountant for trustee] [Fees; $3,937.50; Expenses; $499.45]


        Docket 0


        Tentative Ruling:

        The final ruling for 6/30/20 is to APPROVE the amounts as set forth in Trustee’s Final Report of Distribution filed May 27, 2020 [Dk. 34].


        This matter will not be called, and the 7/1 hearing is hereby vacated. Trustee is to lodge an order within 7 days of the vacated hearing.


        Party Information

        Debtor(s):

        Wibi Limited Represented By

        Daniel King

        Trustee(s):

        Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

        11:00 AM

        CONT...


        Wibi Limited


        Chapter 7

        1:30 PM

        6:20-11096


        Ronald Ward Komers


        Chapter 11


        #2.00


        Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

        Washington Trust, National Association vs. DEBTOR (Motion filed 5/28/20)


        Re: 21100 Via Los Laureles, Murrieta, California 92562 EH            

        Docket 60

        *** VACATED *** REASON: Order entered 6/24/20 cont. matter to 9/22/20 @ 1:30 p.m. - John

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Ronald Ward Komers Represented By Matthew D. Resnik

        Roksana D. Moradi-Brovia

        10:00 AM

        6:20-11812


        Kapres Ward


        Chapter 7


        #1.00


        Hrg. on approval of Reaffirmation Agreement Between Debtor and Navy Federal Credit Union in the amount of $2,523.49


        Re: 2013 Chevrolet Spark KL8CB6S9XDC503778


        Docket 15


        Tentative Ruling:

        Tentative for 7/1/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1605894359


        Meeting ID: 160 589 4359


        Password: 244889


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 160 589 4359

        10:00 AM

        CONT...


        Kapres Ward


        Chapter 7


        Password: 244889

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        Kapres Ward Pro Se

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        10:00 AM

        6:20-12417


        Randy Arron Angle


        Chapter 7


        #2.00


        Hrg. on approval Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $16,798.97


        Re: 2014 Toyota RAV4


        Docket 43


        Tentative Ruling:

        Tentative for 7/1/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1605894359


        Meeting ID: 160 589 4359


        Password: 244889


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 160 589 4359

        10:00 AM

        CONT...


        Randy Arron Angle


        Chapter 7


        Password: 244889

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        Randy Arron Angle Pro Se

        Trustee(s):

        Todd A. Frealy (TR) Pro Se

        10:00 AM

        6:20-12729


        Dominick Ernesto Andre Alvarado


        Chapter 7


        #3.00


        Hrg. on approval of Reaffirmation Agreement Between Debtor and Coast Acceptance Corporation, in the amount of $18,800.50


        Re: 2017 Ford Fusion


        Docket 11


        Tentative Ruling:

        Tentative for 7/1/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1605894359


        Meeting ID: 160 589 4359


        Password: 244889


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 160 589 4359

        10:00 AM

        CONT...


        Dominick Ernesto Andre Alvarado


        Chapter 7


        Password: 244889

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        Dominick Ernesto Andre Alvarado Represented By

        Neil R Hedtke

        Trustee(s):

        Charles W Daff (TR) Pro Se

        10:00 AM

        6:20-12884


        Marco Antonio Ponce Juan and Edna Antonieta Hernandez


        Chapter 7


        #4.00


        Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $7,040.25


        Re: 2015 Toyota Camry; VIN: 4T1BF1FK2FU936401


        Docket 14


        Tentative Ruling:

        Tentative for 7/1/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1605894359


        Meeting ID: 160 589 4359


        Password: 244889


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 160 589 4359

        10:00 AM

        CONT...


        Marco Antonio Ponce Juan and Edna Antonieta Hernandez


        Chapter 7


        Password: 244889

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        Marco Antonio Ponce Juan Represented By Marlin Branstetter

        Joint Debtor(s):

        Edna Antonieta Hernandez Represented By Marlin Branstetter

        Trustee(s):

        Charles W Daff (TR) Pro Se

        10:00 AM

        6:20-12884

        Marco Antonio Ponce Juan and Edna Antonieta Hernandez

        Chapter 7

        #5.00

        Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $14,839.92

        Re: 2016 Toyota Camry; VIN: 4T4BF1FK4GR561697

        Docket 15


        Tentative Ruling:

        Tentative for 7/1/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1605894359


        Meeting ID: 160 589 4359


        Password: 244889


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 160 589 4359

        10:00 AM

        CONT...


        Marco Antonio Ponce Juan and Edna Antonieta Hernandez


        Chapter 7


        Password: 244889

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        Marco Antonio Ponce Juan Represented By Marlin Branstetter

        Joint Debtor(s):

        Edna Antonieta Hernandez Represented By Marlin Branstetter

        Trustee(s):

        Charles W Daff (TR) Pro Se

        1:30 PM

        6:19-18362

        Yvonne I Fen Chang

        Chapter 7

        Adv#: 6:19-01173 Cathay Bank v. Chang

        #17.00

        STATUS CONFERENCE re: Complaint by Cathay Bank against Yvonne I Fen Chang - §523(a)(2), 523(a)(4) and 523(a)(6)

        EH            

        Docket 1

        *** VACATED *** REASON: Order for Default Judgment and Judgment entered on 5/22/20 - jc

        Tentative Ruling:

      • NONE LISTED -

      Party Information

      Debtor(s):

      Yvonne I Fen Chang Represented By Sam X J Wu

      Defendant(s):

      Yvonne I Fen Chang Pro Se

      Plaintiff(s):

      Cathay Bank Represented By

      Gerrick Warrington

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      10:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01048 Marshack v. Queen Funding LLC


      #6.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);

      3. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

      4. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      5. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      6. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      7. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      8. Fraud;

      9. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

        And

      10. Declaratory Relief; And

      11. Usury

      (Complaint filed 3/20/19)

      (Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)


      FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 5-27-20


      Docket 36

      *** VACATED *** REASON: CONTINUED TO JULY 1, 2020 AT 11:00

      A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 4-28-2020 - (DOCKET NO. [45])

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Luminance Recovery Center, LLC Represented By

        10:00 AM

        CONT...


        Luminance Recovery Center, LLC


        Jeffrey I Golden Beth Gaschen


        Chapter 7

        Defendant(s):

        Queen Funding LLC Pro Se

        Plaintiff(s):

        Richard A. Marshack Represented By Jeffrey I Golden

        Trustee(s):

        Richard A Marshack (TR) Represented By

        D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

        Matthew Grimshaw

        10:00 AM

        8:19-11814


        Juan Arcos Munoz


        Chapter 7

        Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz


        #7.00


        CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

        (Complaint filed 8/19/19) (PTC set at S/C held 12/4/19)


        FR: 5-27-20


        Docket 1

        *** VACATED *** REASON: CONTINUED TO JULY 1, 2020 AT 11:00

        A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 4-28-2020 - (DOCKET NO. [21])

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Juan Arcos Munoz Represented By Onyinye N Anyama

        Defendant(s):

        Juan Arcos Munoz Pro Se

        Plaintiff(s):

        State Compensation Insurance Fund Represented By

        Rhett Johnson

        Trustee(s):

        Jeffrey I Golden (TR) Pro Se

        10:00 AM

        8:20-10032


        Christina Olinger


        Chapter 7

        Adv#: 8:20-01048 Rosenbaum v. Olinger et al


        #8.00


        STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A), To Object To Debtor's Discharge Pursuant To 11 U.S.C. Section 727, And To Avoid Fraudulent Transfer Of Estate Property Pursuant To 11 U.S.C. Sections 548 And 544(b) (Complaint filed 4/13/2020)


        Docket 1

        *** VACATED *** REASON: CONTINUED TO JULY 1, 2020 AT 11:00

        A.M. PER ORDER CONTINUNG STATUS CONFERENCE ENTERED 4- 28-20220 - (DOCKET NO. [5])

        Tentative Ruling:

      • NONE LISTED -

      Party Information

      Debtor(s):

      Christina Olinger Represented By Michael D Franco

      Defendant(s):

      Christina Olinger Pro Se

      Velocity Manufacturing Group, Pro Se

      Grasshopper, LLC Pro Se

      F3 Custom, LLC Pro Se

      Su T. Dang Pro Se

      Plaintiff(s):

      Ron Rosenbaum Represented By Darren G Smith

      10:00 AM

      CONT...

      Trustee(s):


      Christina Olinger


      Chapter 7

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01048 Marshack v. Queen Funding LLC


      #9.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);

      3. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

      4. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      5. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      6. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      7. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      8. Fraud;

      9. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

        And

      10. Declaratory Relief; And

      11. Usury

      (Complaint filed 3/20/19)

      (Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)


      FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 5-27-20; 7-1-20 at 10:00

      a.m.


      Docket 36

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 2, 2020 AT 11:00 A.M. PER ORDER CONTINUING AND CONVERTING PRE-TRIAL CONFERENCE TO STATUS CONFERENCE ENTERED 6-24-2020 - (DOCKET NO. [54])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Luminance Recovery Center, LLC


      Chapter 7

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Queen Funding LLC Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall Faye C Rasch

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

      11:00 AM

      8:20-10032


      Christina Olinger


      Chapter 7

      Adv#: 8:20-01048 Rosenbaum v. Olinger et al


      #10.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A), To Object To Debtor's Discharge Pursuant To 11 U.S.C. Section 727, And To Avoid Fraudulent Transfer Of Estate Property Pursuant To 11 U.S.C. Sections 548 And 544(b)

      (Complaint filed 4/13/2020)

      [Third Claim of Relief Dismissed with Prejudice against Defendants F3 Custom, LLC and Su T. Dang on 6-10-2020 - docket no. [14])


      FR: 7-1-20 at 10:00 a.m.


      Docket 1

      *** VACATED *** REASON: STATUS CONFERENCE VACATED - PRE

      -TRIAL CONFERENCE SET FOR NOVEMBER 18, 2020 AT 11:00 A.M. PER ORDER VACATING STATUS CONFERENCE AND SETTING DEADLINES AND PRE-TRIAL HEARING ENTERED 6-25-2020 - (DOCKET NO. [18])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Christina Olinger Represented By Michael D Franco

      Defendant(s):

      Christina Olinger Represented By David Brian Lally

      Velocity Manufacturing Group, Pro Se

      Grasshopper, LLC Pro Se

      11:00 AM

      CONT...


      Christina Olinger


      Chapter 7

      F3 Custom, LLC Represented By

      Glenn Ward Calsada

      Su T. Dang Represented By

      Glenn Ward Calsada

      Plaintiff(s):

      Ron Rosenbaum Represented By Darren G Smith

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:19-11814


      Juan Arcos Munoz


      Chapter 7

      Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz


      #11.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

      (Complaint filed 8/19/19) (PTC set at S/C held 12/4/19)


      FR: 5-27-20; 7-1-20 at 10:00 a.m.


      Docket 1

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 2, 2020 AT 11:00 A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 6-25-2020 - (DOCKET NO. [24])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Juan Arcos Munoz Represented By Onyinye N Anyama

      Defendant(s):

      Juan Arcos Munoz Represented By Onyinye N Anyama

      Plaintiff(s):

      State Compensation Insurance Fund Represented By

      Rhett Johnson Kelly S Bresso

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      11:00 AM

      8:18-14425


      Wallace Raymond Steffen, Jr


      Chapter 7

      Adv#: 8:19-01107 Steffen v. Steffen, Jr.


      #12.00


      CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)


      FR: 6-10-20


      Docket 22

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 30, 2020 AT 11:00 A.M. PER ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT AND STATUS CONFERENCE AND STAYING ADVERSARY PROCEEDING ENTERED 6-25, 2020 - DOCKET NO. [41])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Wallace Raymond Steffen Jr Represented By Anerio V Altman

      Defendant(s):

      Wallace Raymond Steffen Jr. Represented By Anerio V Altman

      Movant(s):

      Linda Steffen Represented By Christopher J Langley

      Plaintiff(s):

      Linda Steffen Represented By Christopher J Langley

      Trustee(s):

      Richard A Marshack (TR) Represented By

      11:00 AM

      CONT...


      Wallace Raymond Steffen, Jr


      Misty A Perry Isaacson


      Chapter 7

      11:00 AM

      8:18-14425


      Wallace Raymond Steffen, Jr


      Chapter 7

      Adv#: 8:19-01107 Steffen v. Steffen, Jr.


      #13.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

      [11 U.S.C. Section 523(a)(4)]

      (Complaint filed 6/4/19)


      FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20; 6-10-20 at 10:00; 6-10-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 30, 2020 AT 11:00 A.M. PER ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT AND STATUS CONFERENCE AND STAYING ADVERSARY PROCEEDING ENTERED 6-25, 2020 - DOCKET NO. [41])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Wallace Raymond Steffen Jr Represented By Anerio V Altman

      Defendant(s):

      Wallace Raymond Steffen Jr. Represented By Anerio V Altman

      Plaintiff(s):

      Linda Steffen Represented By Christopher J Langley

      Trustee(s):

      Richard A Marshack (TR) Represented By

      Misty A Perry Isaacson

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7

      Adv#: 8:20-01017 Casey v. Arroyo et al


      #14.00


      STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Leopoldo A. Arroyo and Amparo Arroyo, Individually And As Trustee Of The Arroyo Living Trust Dated November 19, 2001 For:

      1. Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);

      2. Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);

      3. Avoidance Of Preferential Transfer Under 11 U.S.C. Section 547;

      4. Recovery Of Transfer Per 11 U.S.C. Section 550; And

      5. Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542 (Complaint filed 2/11/20)


      FR: 4-29-20


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING AND TAKING STATUS CONFERENCE OFF CALENDAR - (DOCKET NO. [13])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Defendant(s):

      Leopoldo A. Arroyo Represented By Donald W Sieveke

      Amparo Arroyo Represented By Donald W Sieveke

      Leopoldo A. Arroyo and Amparo as Represented By

      11:00 AM

      CONT...


      Brooks T Morgan


      Donald W Sieveke


      Chapter 7

      Plaintiff(s):

      Thomas H Casey Represented By Thomas H Casey

      Trustee(s):

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:19-12414


      Charles S Zahedi


      Chapter 7

      Adv#: 8:19-01198 Moersch v. Zahedi


      #15.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt:

      1. False Pretenses, False Representation, Fraud [11 U.S.C. Section 523(a)(2)(A)]

      2. Wilful And Malicious Injury [11 U.S.C. Section 523(a)(6)] (Complaint filed 9/30/19)

      (PTC set at S/C held 12/18/19) FR: 12-18-19


      Docket 1

      *** VACATED *** REASON: CONTINUED TO AUGUST 5, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 5-11-2020 - (DOCKET NO. [16])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Charles S Zahedi Represented By

      Catherine Christiansen Fritz J Firman

      Defendant(s):

      Charles S Zahedi Represented By Fritz J Firman

      Plaintiff(s):

      Carlo Moersch Represented By Jeffrey D Schreiber

      11:00 AM

      CONT...

      Trustee(s):


      Charles S Zahedi


      Chapter 7

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:19-12414


      Charles S Zahedi


      Chapter 7

      Adv#: 8:19-01190 Murray v. Zahedi


      #16.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)

      (PTC set at S/C held 12/18/19) FR: 12-18-19

      Docket 1

      *** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. PER STIPULATION AND ORDER ENTERED 4-13-2020 - (DOCKET NO. [16])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Charles S Zahedi Represented By

      Catherine Christiansen Fritz J Firman

      Defendant(s):

      Charles S Zahedi Represented By Fritz J Firman

      Plaintiff(s):

      Patricia Murray Represented By Thomas J Eastmond Robert P Goe

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11

      Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC


      #1.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:

      1. To Disallow Proof Of Claim;

      2. To Avoid Incurrence Of Debt;

      3. For Contractual Indemnity; And

      4. Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)


        FR: 4-4-19; 9-19-19; 12-19-19; 3-5-20; 5-28-20


        Docket 1

        *** VACATED *** REASON: CONTINUED TO AUGUST 20, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION REGARDING FURTHER CONTINUANCE OF DISCOVERY CUTOFF DATE AND PRE- TRIAL CONFERENCE ENTERED 4-30-2020 - (DOCKET NO. [48])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        WJA Asset Management LLC Represented By

        Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

        Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps

        11:00 AM

        CONT...


        WJA Asset Management LLC


        Timothy W Evanston


        Chapter 11

        Defendant(s):

        Luxury Asset Lending, LLC Represented By Richard Bunt

        David Moore Pro Se

        Jackman Industries, Inc. Represented By Thomas M Monson

        Plaintiff(s):

        Luxury Asset Purchasing Represented By Kyra E Andrassy

        2:00 PM

        6:20-14458


        Camp Croteau, Inc.


        Chapter 11


        #1.00


        Hrg. on Debtor's Motion to Approve Use Cash Collateral for Ordinary Expenses and Adequate Protection


        EH            


        Docket 7


        Tentative Ruling:

        Tentative for 7/7/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/16096922434 Meeting ID: 160 9692 2434

        Password: 427341


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


        Meeting ID: 160 9692 2434

        2:00 PM

        CONT...


        Camp Croteau, Inc.


        Chapter 11


        Password: 427341

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        Camp Croteau, Inc. Represented By Todd L Turoci

        2:00 PM

        8:20-11339

        Rockport Development, Inc.

        Chapter 11

        #1.00

        Hearing RE: Debtor And Debtor-In-Possession's Motion For Order Approving Stipulation Between The Debtor And SC Development Fund, LLC, For An Order Authorizing The Parties To Jointly Seek The Appointment Of Bradley D. Sharp As Receiver For Certain Of Debtor's Affiliates In Superior Court

        (Motion filed 7/7/2020) (OST Granted 7/8/2020)

        Docket 124


        Tentative Ruling:

        Tentative for 7/10/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1600822173


        Meeting ID: 160 082 2173


        Password: 804558


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        2:00 PM

        CONT...


        Rockport Development, Inc.


        Chapter 11

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 160 082 2173

        Password: 804558

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

        10:00 AM

        6:20-11814

        WC Hardwood Floors

        Chapter 7

        #1.00


        Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

        Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 6/11/20)


        Re: 2019 FORD F650, VIN 1FDWF6DCXKDF11805


        EH            


        Docket 39


        Tentative Ruling:

        Tentative for 7/14/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        10:00 AM

        CONT...

        Debtor(s):


        WC Hardwood Floors


        Chapter 7

        WC Hardwood Floors Represented By Julie J Villalobos

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        10:00 AM

        6:20-12413


        Rodolfo Benavente Martinez


        Chapter 7


        #2.00


        ZBS Law, LLP - movant attorney Motion for Relief from Stay

        CIT Bank vs. DEBTOR (Motion filed 5/22/20) (Cont. from 6/23/20)


        Re: 26325 MISSION RD, LOMA LINDA, CA 92354


        Docket 12


        Tentative Ruling:

        Tentative for 7/14/20 is to CONTINUE to September 1, 2020 at 10:00 a.m.


        This matter was previously continued by an Order entered June 12, 2020 [Dk. 14] to allow Movant to properly serve Mission Creek Homeowners Association ("HOA"). The Court set a service deadline of June 20, 2020 and cited applicable rules which require service to be made to an "officer" or "agent" of the organization. FRBP 7004(b)(3).


        Movant's Supplemental Proof of Service filed on June 22, 2020 [Dk. 16] indicates that service to the HOA was rendered after the Court-ordered deadline and to an entity and address which is not properly identified as an agent for service of process.


        In light of the foregoing, this matter shall be CONTINUED to September 1, 2020 at 10:00 a.m., and Movant shall be required to properly serve this motion on the HOA no later than July 30, 2020.


        Appearances for the 7/14 hearing are excused.

        Party Information

        10:00 AM

        CONT...

        Debtor(s):


        Rodolfo Benavente Martinez


        Chapter 7

        Rodolfo Benavente Martinez Represented By Brian J Soo-Hoo

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        10:00 AM

        6:20-13076


        Sylvano Arturo Avina and Esperanza Avina


        Chapter 7


        #3.00


        Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

        Nissan Motor Acceptance Corporation vs. DEBTORS (Motion filed 6/9/20)


        Re: 2017 Nissan Sentra


        Docket 13


        Tentative Ruling:

        Tentative for 7/14/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1). The request for relief pursuant § 362(d)(2) is denied as Movant has not met its burden in demonstrating that no equity exists. The request for a 4001(a)(3) waiver is denied.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        10:00 AM

        CONT...

        Debtor(s):


        Sylvano Arturo Avina and Esperanza Avina


        Chapter 7

        Sylvano Arturo Avina Represented By Jenny L Doling

        Joint Debtor(s):

        Esperanza Avina Represented By Jenny L Doling

        Trustee(s):

        Larry D Simons (TR) Pro Se

        10:00 AM

        6:20-13746


        Fred Paramo Aguilar and Maria Isabel Aguilar


        Chapter 7


        #4.00


        Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

        Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 6/22/20)


        Re: 2018 Toyota Tundra EH            

        Docket 9


        Tentative Ruling:

        Tentative for 7/14/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.


        Party Information

        10:00 AM

        CONT...

        Debtor(s):


        Fred Paramo Aguilar and Maria Isabel Aguilar


        Chapter 7

        Fred Paramo Aguilar Represented By James P Doan

        Joint Debtor(s):

        Maria Isabel Aguilar Represented By James P Doan

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        10:00 AM

        6:20-13790


        Nehemias Antonio Rodriguez


        Chapter 7


        #5.00


        Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

        Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 6/22/20)


        Re: 2020 Toyota Corolla EH            

        Docket 9


        Tentative Ruling:

        Tentative for 7/14/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.


        Party Information

        10:00 AM

        CONT...

        Debtor(s):


        Nehemias Antonio Rodriguez


        Chapter 7

        Nehemias Antonio Rodriguez Represented By

        J. Luke Hendrix

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        10:00 AM

        6:20-13958


        Donald Lewis Hendrix


        Chapter 7


        #6.00


        Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

        Cab West, LLC vs. DEBTOR, Karl T. Anderson, trustee (Motion filed 6/12/20)


        Re: 2017 Ford Fusion, VIN: 3FA6P0PUXHR354432


        EH            


        Docket 9


        Tentative Ruling:

        Tentative for 7/14/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Donald Lewis Hendrix Represented By

        10:00 AM

        CONT...


        Trustee(s):


        Donald Lewis Hendrix


        Neil R Hedtke


        Chapter 7

        Karl T Anderson (TR) Pro Se

        10:00 AM

        6:20-14231


        Jennifer Marie Gonzales and Ernest Robert Mungarro


        Chapter 7


        #7.00


        French Lyon Tang - movant attorney Motion for Relief from Stay

        Bank of the West vs. DEBTORS (Motion filed 6/23/20)


        Re: 2018 Open Range Fifth Wheel EH            

        Docket 9


        Tentative Ruling:

        Tentative for 7/14/20:


        Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Movant to lodge an order within seven (7) days.


        Party Information

        10:00 AM

        CONT...

        Debtor(s):


        Jennifer Marie Gonzales and Ernest Robert Mungarro


        Chapter 7

        Jennifer Marie Gonzales Represented By Dawn Kirk

        Joint Debtor(s):

        Ernest Robert Mungarro Represented By Dawn Kirk

        Trustee(s):

        Todd A. Frealy (TR) Pro Se

        11:00 AM

        6:18-19174


        Cecil Jerry Edens, Jr


        Chapter 7


        #8.00


        Hrg. on approval trustee's final report and application for compensation EH            

        [Re: John P. Pringle, chapter 7 trustee] [Fees; $15,102.28; expenses $785.44]


        [Re: Lea Accountancy LLP, Accountant for Trustee] [Fees; $2,884.50; expenses; $206.26]


        [Re: Century 21 Award - Realtor] [Fees; $10,000.00; expenses; $0]


        [Re: Dyson & Dyson - Realtor] [Fees; $20,000.00; expenses; $0]


        Docket 0


        Tentative Ruling:

        Tentative for 7/14/20 is to APPROVE as requested.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

        11:00 AM

        CONT...


        Cecil Jerry Edens, Jr


        Chapter 7


        Trustee to lodge an order within seven (7) days.

        Party Information

        Debtor(s):

        Cecil Jerry Edens Jr Represented By Joseph A West

        Trustee(s):

        John P Pringle (TR) Represented By Toan B Chung

        11:00 AM

        6:18-20287


        Charles Braden


        Chapter 7


        #9.00 Hrg re Status Conference on Debtor's Compliance with Order and Whether an Order to Show Cause re Civil Contempt should be entered for the Debtor's Failure to Comply


        EH            


        Docket 0


        Tentative Ruling:

        Tentative for 7/14/20 is to CONTINUE to September 1, 2020 at 11:00 a.m. A status report, which should detail actions taken by the parties as required below, is due 14 days in advance.


        Debtor's declaration filed 6/22/20 [Dk. 54] indicates a willingness and ability to repay the amounts subject to turnover pursuant to the Order entered 6/19/20 [Dk. 52]. In light of this representation, the Court hereby directs Debtor to cooperate with Trustee in developing and implementing a repayment plan.


        Trustee and Debtor are required to meet and confer no later than August 14, 2020.


        Appearances for the 7/14 hearing are excused.

        Party Information

        Debtor(s):

        Charles Braden Represented By Natalie A Alvarado

        Trustee(s):

        John P Pringle (TR) Represented By Brandon J Iskander Melissa Davis Lowe

        11:00 AM

        6:19-15829


        Jerry Jay Norris and Muriel Marie Norris


        Chapter 7


        #10.00


        Hrg. on trustee's final report; applications for compensation EH            


        Docket 0


        Tentative Ruling:

        Tentative for 7/14/20 is to APPROVE as requested.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Trustee to lodge an order within seven (7) days.


        Party Information

        Debtor(s):

        Jerry Jay Norris Represented By Timothy S Huyck

        Joint Debtor(s):

        Muriel Marie Norris Represented By Timothy S Huyck

        11:00 AM

        CONT...

        Trustee(s):


        Jerry Jay Norris and Muriel Marie Norris


        Chapter 7

        Charles W Daff (TR) Represented By Melissa Davis Lowe Lynda T Bui

        11:00 AM

        6:19-16256


        Rebecca Lopez Vasquez


        Chapter 7


        #11.00


        Hrg. on Debtor's Motion filed 5/31/20 re Objection to Claim Number 5 by Claimant Midland Credit Management, Inc.


        EH            


        Docket 40


        Tentative Ruling:

        Tentative for 7/14/20 is to OVERRULE.


        Claimant's POC 5-1, as amended on June 2, 2020, provides supporting evidence to show that the Claimant is the assignee of the referenced debt.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1605066651 Meeting ID: 160 506 6651

        Password: 696088


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        11:00 AM

        CONT...


        Rebecca Lopez Vasquez


        Chapter 7

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 160 506 6651

        Password: 696088

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        Rebecca Lopez Vasquez Represented By

        Miguel Alexandre Valente

        Trustee(s):

        Todd A. Frealy (TR) Pro Se

        11:00 AM

        6:19-16256

        Rebecca Lopez Vasquez

        Chapter 7

        #12.00

        Hrg. on Debtor's Motion filed 6/9/20 for order Disallowing Claim of Comenity Bank (Claim 4-1)

        EH            

        Docket 0


        Tentative Ruling:

        Tentative for 7/14/20:


        The Court requires virtual appearances by the Chapter 7 Trustee and Debtor.


        The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1605066651 Meeting ID: 160 506 6651

        Password: 696088


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        11:00 AM

        CONT...


        Rebecca Lopez Vasquez


        Chapter 7


        Meeting ID: 160 506 6651

        Password: 696088

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

        Party Information

        Debtor(s):

        Rebecca Lopez Vasquez Pro Se

        Trustee(s):

        Todd A. Frealy (TR) Pro Se

        11:00 AM

        6:19-18653


        Edgar Gutierrez


        Chapter 7


        #13.00


        Hrg. on trustee's final report; applications for compensation


        [Re: Lynda Bui, chapter 7 trustee] [Fees; $1081.47; Expenses ; $0]


        Docket 0


        Tentative Ruling:

        Tentative for 7/14/20 is to APPROVE as requested.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


        The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


        Trustee to lodge an order within seven (7) days.


        Party Information

        Debtor(s):

        Edgar Gutierrez Represented By Paul Y Lee

        Trustee(s):

        Lynda T. Bui (TR) Pro Se

        1:30 PM

        6:12-28006


        City of San Bernardino, California


        Chapter 9

        Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


        #14.00


        Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings


        (Cont. from 5/26/20)


        EH            


        Docket 0

        *** VACATED *** REASON: Cont. to 9/22/20 by order signed and entered on 7/7/20 - jc

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        City of San Bernardino, California Represented By

        Paul R. Glassman Fred Neufeld Laura L Buchanan

        Defendant(s):

        City of San Bernardino Represented By Paul R. Glassman

        Plaintiff(s):

        PLACO SAN BERNARDINO, Represented By Raymond B Kim

        1:30 PM

        6:19-17085


        O'Linn Security Incorporated


        Chapter 11


        #15.00


        Hrg. on Debtor's Motion filed 6/18/20 to Borrow Motion for Entry of Interim and Final Orders Authorizing Post-Petition Financing


        (Cont. from 6/23/20)


        Docket 269


        Tentative Ruling:

        Tentative for 7/14/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1608222054 Meeting ID: 160 822 2054

        Password: 390693


        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        1:30 PM

        CONT...


        O'Linn Security Incorporated


        Chapter 11

        Meeting ID: 160 822 2054

        Password: 390693


        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


        ************************************************************************************** Tentative for 6/23/20:


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

        Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

        Password: 320652

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 160 841 0040

        Password: 320652

        1:30 PM

        CONT...

        O'Linn Security Incorporated

        Chapter 11

        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

        Party Information

        Debtor(s):

        O'Linn Security Incorporated Represented By Steven R Fox

        W. Sloan Youkstetter Everett L Green

        1:30 PM

        6:19-17085


        O'Linn Security Incorporated


        Chapter 11


        #16.00


        Hrg. on Third Amended Disclosure Statement EH            

        (Cont. from 6/23/20)


        Docket 0


        Tentative Ruling:

        Tentative for 7/14/20:


        The Court has received and reviewed the Third Amended Plan and Disclosure Statement filed July 2, 2020 [Dk. 294], and notes the following:


        1. The sentence on Lines 24-25, Pg. 10 of Amended D.S. is unclear: "The state court litigation would continue forward but not as to the Debtor, as to the other defendants, Richard O’Linn and Kimberly O’Linn."


        2. It is unclear whether Richard O'Linn is providing a new value contribution of

      $40,000.00, or $50,000.00. See Pg. 26, Section 4 chart as compared to Line 2, Pg. 27.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608222054

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      Meeting ID: 160 822 2054

      Password: 390693

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 822 2054

      Password: 390693


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      ************************************************************************************* Tentative for 6/23/20:


      As of the posting of the tentative, a Third Amended Plan and Disclosure Statement have not been filed. While the Court did not previously require the amended plan and disclosure statement be filed by a specific date, it was implied that an amended plan and disclosure statement would be filed in time to allow interested parties to reasonably evaluate the documents.


      To the extent that an amended plan and disclosure statement are filed prior to the hearing, the Court is inclined to CONTINUE the hearing to August 18, 2020 at 1:30 p.m., to allow all interested parties, including the Court, U.S. Trustee, and Creditors, time to review and evaluate the changes provided therein.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

      Password: 320652

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 841 0040

      Password: 320652


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      ************************************************************************************** Tentative for 5/26/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617614995

      Meeting ID: 161 761 4995

      Password: 167239

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 761 4995

      Password: 167239


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      ********************************************************************************* Tentative for 4/14/20:


      Telephonic appearances are required.

      The Court is inclined to set continued dates as follows: Debtor should file a Second Amended Disclosure Statement and Plan no later than 4/28/20. Any oppositions must be filed no later than 5/12/20, with a reply due on or before 5/19/20. The continued hearing will occur on May 26, 2020 at 1:30 p.m.


      Utilizing and referencing the redlined edition of the First Amended Disclosure Statement [Dk. 194], the current Disclosure Statement will not be approved for various reasons, unless the Disclosure Statement and Plan are amended to address the following:

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11


      1. Counsel employment for the Unsecured Creditors Committee was denied, and that information should be included in the amended Disclosure Statement.


      2. All non-debtor defendants in the pending class action suit need to be particularly identified, and disclosure of the resultant effects on the Debtor of judgments against those non-debtor individuals must be made.


      3. Ms. Kimberly O'Linn needs to place her $30,000 new value contribution, and Mr. Richard O'Linn needs to place his $40,000 new value contribution, into a blocked account (not to be released without further order of the Court) prior to the filing of the Confirmation Brief by the Debtor. This needs to be added to the amended Disclosure Statement and Plan. Without the funds in place, the Court will not confirm a plan.


      4. No post-confirmation injunction, whether temporary or permanent, shall be provided to non-debtor entities in this case. It makes no difference in the 9th Circuit whether the beneficial party to an injunction is providing "new value" to the Plan, or whether the officer or director is consequential to the success of the Plan.


        The cited authority of the Debtor, In re Brothby, 303 B.R. 177, 191 (B.A.P. 9th Cir. 2003), is inapplicable to the present circumstances and factual underpinnings. A court may disapprove a disclosure statement because the plan being described therein could not possibly be confirmed. In re Main St.

        AC, Inc., 234 B.R. 771, 775 (Bankr. N.D. Cal. 1999). A plan which contains terms that even temporarily enjoin non-Debtor parties, including the principal and/or former principal of the Debtor, does not comport with the provisions of 11 U.S.C. § 524. In re Rohnert Park Auto Parts, Inc., 113 B.R. 610, 615 (B.A.P. 9th Cir. 1990). Therefore, such a plan is unconfirmable under 11

        U.S.C. § 1129(a)(1).


      5. The Court doesn't understand the language regarding the treatment of Class 5 and/or Class 6 contained on page 21, lines 18-20. Specifically, the phrase ..."and if the Court does not confirm this Plan" is unclear. If the Court "does not confirm [the] Plan", the Plan and the treatment provided in the Plan

        1:30 PM

        CONT...


        O'Linn Security Incorporated


        Chapter 11

        will not exist and will have no effect.


      6. Any monies reserved for unliquidated, disputed Class 5 creditors must be placed into a blocked account (not to be released without further order of the Court) prior to entry of a confirmation order. Without the funds in place, the Court will not confirm a plan.


      7. Page 24, lines 20 - 21. "It's" is a contraction of "it is" or "it has." "Its" is a possessive determiner. Please correct.


      The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. The Parties are reminded to have all relevant filings/information easily accessible.


      ***************************************************************************

      Tentative for 3/10/20 is to CONTINUE this hearing to 5/12/20 at 1:30 p.m., to allow Debtor to file an amended Disclosure Statement addressing the points identified in the Oppositions filed by the United States Trustee and Official Committee of Unsecured Creditors. The Court notes that it is appropriate for Debtor to identify and clarify the issues raised in the Oppositions, including those regarding the confirmability of the proposed plan, in Debtor's Amended Disclosure Statement. Debtor should file its Amended Disclosure Statement no later than 4/1/20. Any oppositions must be filed no later than 4/28/20, with a reply due on or before 5/5/20.


      Additionally, the Court will set a continued status conference on 5/12/20 at 1:30 p.m., concurrent with the continued hearing on Debtor's amended Disclosure Statement. A status report is due 14 days in advance.


      Appearances for the 3/10 hearing are excused.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #17.00


      Hrg. on Chapter 11 Status Conference (Cont. from 6/23/20)

      Docket 0


      Tentative Ruling:

      Tentative for 7/14/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608222054 Meeting ID: 160 822 2054

      Password: 390693

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 822 2054

      1:30 PM

      CONT...

      O'Linn Security Incorporated

      Chapter 11

      Password: 390693


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      *************************************************************************************** Tentative for 6/23/20 is to set a continued date of August 18, 2020 at 1:30

      p.m. A status report is due 14 days in advance.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

      Password: 320652


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 160 841 0040


      Password: 320652


      For further details, please consult the instructions on the Court’s website

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      ************************************************************************************** Tentative for 5/26/20 is to set a continued date of August 4, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617614995

      Meeting ID: 161 761 4995

      Password: 167239

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 761 4995

      Password: 167239

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      1:30 PM

      CONT...

      O'Linn Security Incorporated

      Chapter 11

      ************************************************************************************* Tentative for 5/12/20 to CONTINUE to July 14, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible.


      ************************************************************************************* Tentative for 4/14/20:


      Telephonic appearances are required. The Court is inclined to set a continued status conference date which coincides with the continued hearing on the Disclosure Statement, which is proposed to be May 26, 2020 at 1:30 p.m.


      The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible.


      **************************************************************************** Tentative for 10/01/19:


      As an initial matter, the Court notes that no Corporate Resolution has been filed as required pursuant to the Court Manual, Section 2.1(e)(1)(E).


      The Court is inclined to set the following dates/deadlines provided that Debtor files the Corporate Resolution by 12:00 p.m. on October 1, 2019:

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      1. December 30, 2019: Last date to file a plan and disclosure statement.


      2. December 15, 2019: Last date to file claims ("Claims Bar Date").


      3. October 9, 2019: Last date for Debtor to serve notice of the Claims Bar Date.


      If Debtor fails to file the Corporate Resolution by the deadline, the Court will be inclined to set an OSC why this case should not be dismissed or converted to chapter 7.


      Appearances are required.


      Debtor(s):


      Party Information

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #18.00


      Hrg. on Debtor's Objection filed 4/21/20 to Proof of Claim No. 8 by Claimant Pacelli Wage & Hour Class. in the amount of $5,000,000.00 Filed by Debtor O'Linn Security Incorporated


      EH            


      (Cont from 6/23/20)


      Docket 0


      Tentative Ruling:

      Tentative for 7/14/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608222054 Meeting ID: 160 822 2054

      Password: 390693

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      1:30 PM

      CONT...

      O'Linn Security Incorporated

      Chapter 11

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 822 2054


      Password: 390693


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      ************************************************************************************* Tentative for 6/23/20 is to CONTINUE to August 18, 2020 at 1:30 p.m., based on the representation made in the latest filed Status Report [Dk. 268] that Debtor and the Putative Class have reached a settlement agreement.


      If a proposed settlement is not consummated and this matter is not otherwise taken off calendar, Debtor must provide status no later than 14 days prior to the continued hearing. Opposition to this motion shall be due 14 days prior to the continued hearing, and a Reply shall be due 7 days prior to the continued hearing.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

      Password: 320652

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 841 0040

      Password: 320652

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter

      1:30 PM

      6:19-17085


      O'Linn Security Incorporated


      Chapter 11


      #19.00


      Hrg. on Debtor's Motion filed 6/5/20 Third Supplement to Motion for Authority to Use Cash Collateral on a Final Basis Through December 31, 2020, Pursuant to Stipulation with Pacific Premier Bank


      (Cont. from 6/23/20) EH            


      Docket 263


      Tentative Ruling:

      Tentative for 7/14/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608222054 Meeting ID: 160 822 2054

      Password: 390693


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

      1:30 PM

      CONT...


      O'Linn Security Incorporated


      Chapter 11

      audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 822 2054

      Password: 390693


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      **************************************************************************************** Tentative for 6/23/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608410040 Meeting ID: 160 841 0040

      Password: 320652

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      1:30 PM

      CONT...

      O'Linn Security Incorporated

      Chapter 11

      Meeting ID: 160 841 0040


      Password: 320652


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Party Information

      Debtor(s):

      O'Linn Security Incorporated Represented By Steven R Fox

      W. Sloan Youkstetter Everett L Green

      1:30 PM

      6:20-11096


      Ronald Ward Komers


      Chapter 11


      #20.00


      Musick, Peeler & Garrett, LLP - movant attorney Evidentiary hearing on Motion for Relief from Stay Luther Burbank Savings vs. DEBTOR

      Re: 41999 Calle de Suenos, Murrieta, CA 92562 EH            

      Docket 46

      *** VACATED *** REASON: Cont. to 10/6/20 @ 1:30 p.m. - jc Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ronald Ward Komers Represented By Matthew D. Resnik

      Roksana D. Moradi-Brovia

      1:30 PM

      6:20-11096

      Ronald Ward Komers

      Chapter 11

      #21.00


      Nazik Hasan - movant attorney Motion for Relief from Stay

      County of Riverside vs. DEBTOR (Motion filed 6/4/20)


      Re: Action in Non-Bankruptcy Forum) EH            

      Docket 64

      *** VACATED *** REASON: Cont. to 8/18/20 @ 1:30 pm. by order entered on 7/2/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ronald Ward Komers Represented By Matthew D. Resnik

      Roksana D. Moradi-Brovia

      1:30 PM

      6:19-12074


      Jason Ortiz


      Chapter 7

      Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al


      #23.00


      PRE-TRIAL CONFERENCE Re: Complaint by Commonwealth Land Title Insurance Company against Jason Ortiz, Brianna Ortiz - §§ 523(a)(2), (a)(6)


      EH            


      Docket 1

      *** VACATED *** REASON: Cont. to 9/23/20 @ 1:30 p.m. by order signed on 5/5/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jason Ortiz Represented By

      Natalie A Alvarado

      Defendant(s):

      Jason Ortiz Pro Se

      Brianna Ortiz Pro Se

      Joint Debtor(s):

      Brianna Ortiz Represented By Natalie A Alvarado

      Plaintiff(s):

      Commonwealth Land Title Insurance Represented By

      Karen A Ragland

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:19-14874


      Wok Fired Holding, Inc


      Chapter 7

      Adv#: 6:20-01043 Frealy v. Young


      #24.00


      STATUS CONFERENCE re: Complaint by Todd Frealy against Rick Young for: 1. Avoidance of Preferential Transfers (§547);

      1. Avoidance of Fraudulent Transfers (§548);

      2. Recovery of Property of The Estate (§550); and,

      3. Objection to Scheduled Claim


        EH            


        Docket 1

        *** VACATED *** REASON: Cont. to 9/23/20 @ 1:30 p.m. by order signed and entered on 7/14/20 - jc

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Wok Fired Holding, Inc Represented By Julie J Villalobos

        Defendant(s):

        Rick Young Pro Se

        Plaintiff(s):

        Todd Frealy Represented By

        Maria L Garcia

        Trustee(s):

        Todd A. Frealy (TR) Represented By Amy L Goldman

        1:30 PM

        6:19-17280


        Adrianna Alexis Jacsen


        Chapter 7

        Adv#: 6:19-01164 Cho v. Jacsen


        #25.00


        STATUS CONFERENCE re Complaint filed by Andrew Cho against Adrianna Alexis Jacsen to determine nondischargeability of debt - 523(a)(2)(A) and (a)(2)(B)


        Docket 1


        Tentative Ruling:

        Tentative for 7/15/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


        As of the date of the posting of this tentative, a status report (unilateral or joint) has not been filed as required by LBR 7016-1(a) and the Court's order entered April 22, 2020 ("Order") [Dk. 19]. Further, the docket does not reflect any activity taken by Plaintiff to seek and obtain Defendant's default, and file a motion for default judgment on or before May 30, 2020, as required in the Order.


        The Court has already issued multiple warnings that failure to follow rules and procedures of this Court may result in the imposition of monetary and/or non- monetary sanctions (see posted tentatives below).


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1606310642 Meeting ID: 160 631 0642

        1:30 PM

        CONT...


        Adrianna Alexis Jacsen


        Chapter 7


        Password: 932531

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 160 631 0642

        Password: 932531


        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


        *************************************************************************************** Tentative for 3/11/20:


        The Court notes that, as of the date of the posting of this tentative, a status report, either unilateral or joint, as required by LBR 7016-1(a)(2) & (3), has not been filed. The Court warned the parties previously, by way of its tentative for the 1/29/20 hearing (see below), that failure to follow all local and federal rules may result in the imposition of monetary and/or non-monetary sanctions.


        Appearances are required.


        ************************************************************************************* Tentative for 1/29/20:

        1:30 PM

        CONT...


        Adrianna Alexis Jacsen


        Chapter 7

        Appearances are required. The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: April 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: May 28, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: June 10, 2020 at 1:30 p.m.


      The parties are specifically advised to cooperate, and review and follow all local and federal rules, which may be located free of charge on the Court's website. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.

      Party Information

      Debtor(s):

      Adrianna Alexis Jacsen Pro Se

      Defendant(s):

      Adrianna Alexis Jacsen Pro Se

      Plaintiff(s):

      Andrew Cho Represented By

      Andrew S Cho

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-18753


      Samuel Kim Choy Yap


      Chapter 7

      Adv#: 6:20-01002 He et al v. Yap et al


      #26.00


      STATUS CONFERENCE re: Complaint by Da Hai He, Lihua Jiang, Jin Hua Chen, Yao Fu Situ, Wei Hai Wu, Zichuan Li, Ziming Cen, Xiaolei Shao, Zhiying Cao, Jiewei Lin, Sandy Vuong, Chunxin Zhao, Yong Chen, Qingxiang Chen, Xinpu Gan, Xiaoqing Xue, Wei Feng Jia, Yong Cai, Deng Liu Wu, Liqiong Chang, Ming Li, Zilin Sun, Yi Chen, Li Juan He, Yanchengzi Cai against Samuel Kim Choy Yap, Xin Li.


      EH            


      (Cont. from 5/27/20)


      Docket 1


      Tentative Ruling:

      Tentative for 7/15/20:


      This matter will be taken off calendar, in light of the Court's ruling on related matter #27.


      Appearance for the 7/15 hearing are excused.

      *************************************************************************************** Tentative for 5/27/20 is to CONTINUE to July 15, 2020 at 1:30 p.m. to allow the Plaintiff to file whatever document it deems appropriate pursuant to FRCP 41.


      Appearances for the 5/27 hearing are excused.


      *********************************************************************************** Tentative for 4/1/20 is to CONTINUE to May 27, 2020 at 1:30 p.m. If the adversary has not been otherwise resolved, a status report (whether unilateral or joint) is due 14 days before the continued status conference.


      Appearances for the 4/1 hearing are excused.


      Party Information

      1:30 PM

      CONT...

      Debtor(s):


      Samuel Kim Choy Yap


      Chapter 7

      Samuel Kim Choy Yap Represented By Sam X J Wu

      Defendant(s):

      Samuel Kim Choy Yap Pro Se

      Xin Li Pro Se

      Joint Debtor(s):

      Xin Li Represented By

      Sam X J Wu

      Plaintiff(s):

      Li Juan He Represented By

      Stephen J Thomas

      Yi Chen Represented By

      Stephen J Thomas

      Zilin Sun Represented By

      Stephen J Thomas

      Ming Li Represented By

      Stephen J Thomas

      Liqiong Chang Represented By Stephen J Thomas

      Deng Liu Wu Represented By Stephen J Thomas

      Yong Cai Represented By

      Stephen J Thomas

      Wei Feng Jia Represented By

      Stephen J Thomas

      Xiaoqing Xue Represented By Stephen J Thomas

      1:30 PM

      CONT...


      Samuel Kim Choy Yap


      Chapter 7

      Xinpu Gan Represented By

      Stephen J Thomas

      Qingxiang Chen Represented By Stephen J Thomas

      Yong Chen Represented By

      Stephen J Thomas

      Sandy Vuong Represented By Stephen J Thomas

      Yanchengzi Cai Represented By Stephen J Thomas

      Jiewei Lin Represented By

      Stephen J Thomas

      Zhiying Cao Represented By

      Stephen J Thomas

      Xiaolei Shao Represented By

      Stephen J Thomas

      Ziming Cen Represented By

      Stephen J Thomas

      Zichuan Li Represented By

      Stephen J Thomas

      Wei Hai Wu Represented By

      Stephen J Thomas

      Yao Fu Situ Represented By

      Stephen J Thomas

      Jin Hua Chen Represented By Stephen J Thomas

      Lihua Jiang Represented By

      Stephen J Thomas

      Da Hai He Represented By

      1:30 PM

      CONT...


      Samuel Kim Choy Yap


      Stephen J Thomas


      Chapter 7

      Chunxin Zhao Represented By Stephen J Thomas

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-18753


      Samuel Kim Choy Yap


      Chapter 7

      Adv#: 6:20-01002 He et al v. Yap et al


      #27.00


      Hrg. on Order to Show Cause Why Adversary Proceeding Should Not Be Dismissed


      EH            


      Docket 0


      Tentative Ruling:

      Tentative for 7/15/20 is to DISMISS this adversary proceeding, pursuant to the Court's Order entered May 19, 2020 [Dk. 12], and noting that no response has been filed thereto.


      Appearances for the 7/15 hearing are excused.

      Party Information

      Debtor(s):

      Samuel Kim Choy Yap Represented By Sam X J Wu

      Defendant(s):

      Samuel Kim Choy Yap Pro Se

      Xin Li Pro Se

      Joint Debtor(s):

      Xin Li Represented By

      Sam X J Wu

      Plaintiff(s):

      Li Juan He Represented By

      Stephen J Thomas

      Yi Chen Represented By

      1:30 PM

      CONT...


      Samuel Kim Choy Yap


      Stephen J Thomas


      Chapter 7

      Zilin Sun Represented By

      Stephen J Thomas

      Ming Li Represented By

      Stephen J Thomas

      Liqiong Chang Represented By Stephen J Thomas

      Deng Liu Wu Represented By Stephen J Thomas

      Yong Cai Represented By

      Stephen J Thomas

      Wei Feng Jia Represented By

      Stephen J Thomas

      Xiaoqing Xue Represented By Stephen J Thomas

      Xinpu Gan Represented By

      Stephen J Thomas

      Qingxiang Chen Represented By Stephen J Thomas

      Yong Chen Represented By

      Stephen J Thomas

      Lihua Jiang Represented By

      Stephen J Thomas

      Yanchengzi Cai Represented By Stephen J Thomas

      Da Hai He Represented By

      Stephen J Thomas

      Chunxin Zhao Represented By Stephen J Thomas

      1:30 PM

      CONT...


      Samuel Kim Choy Yap


      Chapter 7

      Sandy Vuong Represented By Stephen J Thomas

      Jiewei Lin Represented By

      Stephen J Thomas

      Zhiying Cao Represented By

      Stephen J Thomas

      Xiaolei Shao Represented By

      Stephen J Thomas

      Ziming Cen Represented By

      Stephen J Thomas

      Zichuan Li Represented By

      Stephen J Thomas

      Wei Hai Wu Represented By

      Stephen J Thomas

      Yao Fu Situ Represented By

      Stephen J Thomas

      Jin Hua Chen Represented By Stephen J Thomas

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:20-10583


      Aaron Kenneth Anderson


      Chapter 7

      Adv#: 6:20-01046 Murray et al v. Anderson


      #28.00


      STATUS CONFERENCE re: Complaint by Vernon E Murray, The Walnut Plaza Ltd against Aaron K Anderson - §523(a)(2)(A)


      EH            


      Docket 1

      *** VACATED *** REASON: Order continuing Status Conference to 10/21/20 @ 1:30 p.m. signed and entered on 7/7/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Aaron Kenneth Anderson Represented By Marjorie M Johnson

      Defendant(s):

      Aaron K Anderson Pro Se

      Joint Debtor(s):

      Jane Marie Anderson Represented By Marjorie M Johnson

      Plaintiff(s):

      Vernon E Murray Pro Se

      The Walnut Plaza Ltd Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      9:30 AM

      8:20-10032


      Christina Olinger


      Chapter 7


      #1.00


      Hearing RE: Reaffirmation Agreement Between Debtor And San Diego County Credit Union

      (Motion filed 5/21/20)


      [RE: 2015 Mini Convertible - Amount: $13,842.04]


      Docket 21


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 876 8485

      Password: 047965


      No person shall record— from any location or by any means—the audio or video

      9:30 AM

      CONT...


      Christina Olinger


      Chapter 7

      of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Christina Olinger Represented By Michael D Franco

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      9:30 AM

      8:20-10354


      Gustavo Eduardo Bohorquez


      Chapter 7


      #2.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Exeter Finance LLC

      [Motion filed 5/6/2020)

      [ES CASE]


      [RE: 2012 Hyundai Genesis 4 Cyl Coupe 2D Premium - Amount: $16,683.38] [VIN No.: KMHHT6KD7CU070813]


      Docket 10


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 876 8485

      Password: 047965

      9:30 AM

      CONT...


      Gustavo Eduardo Bohorquez


      Chapter 7


      No person shall record— from any location or by any means—the audio or video of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Gustavo Eduardo Bohorquez Represented By Marlin Branstetter

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      9:30 AM

      8:20-10502


      Lorena Morales


      Chapter 7


      #3.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc.

      (Motion filed 5/13/2020)


      [RE: 2017 Nissan Sentra - Amount: $12,910.38] [VIN No.: 3N1AB7AP0HY287752]


      Docket 17


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 876 8485

      Password: 047965

      9:30 AM

      CONT...


      Lorena Morales


      Chapter 7

      No person shall record— from any location or by any means—the audio or video of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Lorena Morales Pro Se

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      9:30 AM

      8:20-10503


      Juan Gerardo Lopez Morales


      Chapter 7


      #4.00


      CONT'D Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Alaska USA Federal Credit Union

      (Motion filed 3/30/2020)

      [TA CASE]


      [RE: 2015- Nissan Rogue - Amount: $10,222.95] [VIN No.: KNMAT2MT2FP508529]


      FR: 5-20-20


      Docket 10

      *** VACATED *** REASON: OFF CALENDAR - REAFFIRMATION REFILD AND SIGNED BY ATTORNEY - (SEE DOCKET NO. [22])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Juan Gerardo Lopez Morales Represented By Francis Guilardi

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      9:30 AM

      8:20-10557


      Jay F. Wells


      Chapter 7


      #5.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And JPMorgan Chase Bank, N.A.

      (Motion filed 5/29/2020)

      [CB CASE]


      [RE: 2016 GMC ACADIA - Amount: $25,350.69] [VIN: 1GKKRTKD0GJ240898]


      Docket 13


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 876 8485

      9:30 AM

      CONT...


      Jay F. Wells


      Chapter 7

      Password: 047965


      No person shall record— from any location or by any means—the audio or video of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Jay F. Wells Represented By

      Tina H Trinh

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      9:30 AM

      8:20-10877


      Mackenna Pefley


      Chapter 7


      #6.00


      Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)

      (Motion filed 5/14/2020)


      [RE: 2017 Mitsubishi Outlander Sport - Amount: $18,680.99] [VIN No.: JA4AP4AW6HZ062417]


      Docket 12


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 876 8485

      Password: 047965

      9:30 AM

      CONT...


      Mackenna Pefley


      Chapter 7

      No person shall record— from any location or by any means—the audio or video of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Mackenna Pefley Pro Se

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      9:30 AM

      8:20-11002


      Josedavid Sandoval Espinoza


      Chapter 7


      #7.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Nissan Motor Acceptance Corporation

      (Motion filed 5/7/2020)

      [ES CASE]


      [RE: 2016 Nissan Rogue - Amount: $10,873.49] [VIN No.: 5N1AT2MN8GC866305]


      Docket 11


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 876 8485

      Password: 047965

      9:30 AM

      CONT...


      Josedavid Sandoval Espinoza


      Chapter 7


      No person shall record— from any location or by any means—the audio or video of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Josedavid Sandoval Espinoza Represented By Marlin Branstetter

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      9:30 AM

      8:20-11091


      Jack Alger and Delfina Alger


      Chapter 7


      #8.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation

      (Motion filed 6/11/2020)

      [TA CASE]


      [RE: 2015 Toyota Yaris - Amount: $11,929.93] [VIN No.: VNKJTUD33FA044902]


      Docket 13


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 876 8485

      Password: 047965

      9:30 AM

      CONT...


      Jack Alger and Delfina Alger


      Chapter 7


      No person shall record— from any location or by any means—the audio or video of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Jack Alger Represented By

      Amanda G Billyard

      Joint Debtor(s):

      Delfina Alger Represented By Amanda G Billyard

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      9:30 AM

      8:20-11358


      Juan Alberto Martinez and Ana Yanci Soriano


      Chapter 7


      #9.00


      Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation

      (Motion filed 5/20/2020)

      [ES CASE]

      (Presumption Of Undue Hardship Box Checked)


      [RE: 2017 Toyota Camry - Amount: $18,153.50] [VIN No.: 4T1BF1FK9HU713582]


      Docket 14


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      9:30 AM

      CONT...


      Juan Alberto Martinez and Ana Yanci Soriano


      Chapter 7

      Meeting ID: 160 876 8485

      Password: 047965


      No person shall record— from any location or by any means—the audio or video of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Juan Alberto Martinez Represented By Bradford D Calvin

      Joint Debtor(s):

      Ana Yanci Soriano Represented By Bradford D Calvin

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      9:30 AM

      8:19-14984


      Christine Jane Healey


      Chapter 7


      #9.10


      CONT'D Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Ally Bank

      (Motion filed 4/6/2020)


      [RE: 2014 RAM 3500 - Amount: $23,231.53] [VIN No.: 3C63R2JL7EG180126]


      Docket 18


      Tentative Ruling:

      Tentative for 7/15/20:


      The courtroom will be locked; Participants will not be physically present in the courtroom. The hearing will take place using Zoom for Government, a service that provides simultaneous audioconference and videoconference capabilities. The service is free to participants. Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1608768485


      Meeting ID: 160 876 8485

      Password: 047965


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 876 8485

      Password: 047965

      9:30 AM

      CONT...


      Christine Jane Healey


      Chapter 7


      No person shall record— from any location or by any means—the audio or video of the hearing. Further, the formalities of a courtroom shall be observed. Counsel and witnesses shall dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings.


      Please consult the “Notice Re Telephonic Appearance Procedures For Judge Scott C. Clarkson’s Cases,” effective June 5, 2020, located on the Court website (https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson) for additional information on these procedures.

      Party Information

      Debtor(s):

      Christine Jane Healey Represented By John A Harbin

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:17-12746


      Du Sik Kang


      Chapter 7

      Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al


      #10.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

      1. Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];

      2. Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];

      3. Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];

      4. Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And

      5. Turnover [11 U.S.C. Section 542(a)] (Complaint filed 6/18/18)

      (First Amended Complaint filed 7/26/18) [Judgment RE Well Fargo ONLY] (PTC set at S/C held 6/12/19)


      FR: 9-12-18; 11-7-18; 1-23-19; 4-17-19; 6-12-19; 1-8-20; 4-15-20; 5-13-20


      Docket 11

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 23, 2020 AT 1:30 P.M. PER ORDER GRANTING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE HEARING ENTERED 7-9-2020 - (DOCKET NO. [66])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Du Sik Kang Represented By

      Jisoo Hwang

      Defendant(s):

      Ik Soo Bang Represented By

      Young K Chang

      11:00 AM

      CONT...


      Du Sik Kang


      Chapter 7

      Hye Young Bang Represented By Young K Chang

      Ik Soo Bang, Hye Young Bang, as Pro Se

      Wells Fargo & Company Represented By Sheri Kanesaka

      WELLS FARGO BANK, N.A. Represented By Sheri Kanesaka

      Plaintiff(s):

      Jeffrey I. Golden, Chapter 7 Trustee Represented By

      Noreen A Madoyan Meghann A Triplett

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Noreen A Madoyan Meghann A Triplett

      11:00 AM

      8:17-12887


      Dana Kim Shelton


      Chapter 7

      Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al


      #11.00


      CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint:

      1. To Determine The Validity, Priority, And Extent Of Liens;

      2. Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;

      3. To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And

      4. Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e

      [STATUS CONFERENCE AS TO PETER KOTE, BANK OF AMERICA; DANIEL KEITH LARSON, AND ERIN ELLEN LARSON]

      (Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)

      [Holding Date]


      FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19; 3-20-19;

      5-15-19; 8-14-19; 12-18-19; advanced from 3-18-20; 3-11-20


      Docket 1


      Tentative Ruling:

      Tentative for 7/15/20 is to CONTINUE to December 2, 2020, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


      Appearances for the 7/15 hearing are excused.


      ************************************************************************************** Tentative for 3/11/20:


      This matter is CONTINUED to July 15, 2020, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due

      11:00 AM

      CONT...


      Dana Kim Shelton


      Chapter 7

      14 days in advance. Appearances are excused

      *************************************************************************** Tentative for 12/18/19:


      This matter is CONTINUED to March 18, 2020, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


      Appearances are excused


      ************************************************************************** Tentative for 8/14/19:


      This matter is CONTINUED to December 18, 2019, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


      Appearances are excused.


      *************************************************************************** Tentative for 5/15/19:


      This matter is CONTINUED to August 14, 2019, at 10:00 a.m., as a holding date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.


      If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


      Appearances are excused.


      Party Information

      Debtor(s):

      Dana Kim Shelton Represented By

      11:00 AM

      CONT...


      Dana Kim Shelton


      Christopher P Walker


      Chapter 7

      Defendant(s):

      Daniel Keith Larson Pro Se

      Erin Ellen Larson Pro Se

      Peter Kote Pro Se

      BANK OF AMERICA, N.A Represented By

      E. Christine Hehir

      Plaintiff(s):

      Richard A. Marshack, Chapter 7 Represented By

      Misty A Perry Isaacson

      Trustee(s):

      Richard A Marshack (TR) Represented By

      Misty A Perry Isaacson

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01049 Marshack v. Richmond Capital Group


      #12.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      3. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      4. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      5. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      6. Predatory Lending Pursuant To California Business And Professions Code Section 17200;

      7. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c); And

      8. Declaratory Relief (Complaint filed 3/20/19) (PTC set at S/C held 9/18/19)


        FR: 6-26-19; 8-7-19; 9-18-19; 5-13-20


        Docket 1


        Tentative Ruling:

        Tentative for 7/15/20 is to CONTINUE to September 30, 2020 at 11:00 a.m.


        Plaintiff may file any motion he deems appropriate, including a request for order to show cause, by no later than August 15, 2020.


        Appearances for the 7/15 hearing are excused.


        ************************************************************************************** Tentative for 09/18/2019:


        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.

          11:00 AM

          CONT...


          Luminance Recovery Center, LLC


          Chapter 7


        2. Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: May 13, 2020 at 1:30 p.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.


      Appearances required.


      Debtor(s):


      Party Information

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Richmond Capital Group Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack


      Chapter 7

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01033 Marshack v. 27 Diamonds


      #13.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)


        FR: 6-10-20


        Docket 1


        Tentative Ruling:

        Tentative 7/15/20:


        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: October 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: November 6, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: December 2, 2020 at 11:00 a.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.


      Virtual appearances are required. The courtroom will be locked; parties will not be

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608361335 Meeting ID: 160 836 1335

      Password: 865000

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 836 1335

      Password: 865000

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden

      11:00 AM

      CONT...

      Luminance Recovery Center, LLC

      Beth Gaschen

      Chapter 7

      Defendant(s):

      27 Diamonds Represented By

      Andrew Edward Smyth

      Plaintiff(s):

      Richard A Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01035 Marshack v. American Express et al


      #14.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04, et seq.] And;

      3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


      FR: 6-10-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO AUGUST 19, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS HEARING ENTERED 7-1-2020 - (DOCKET NO. [18])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      American Express Pro Se

      American Express National Bank Represented By

      Kelly Sweeney

      American Express Company Represented By Kelly Sweeney

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      Plaintiff(s):

      Richard A Marshack Represented By Judith E Marshack David Wood

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01036 Marshack v. Krohn Construction


      #15.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C.

        Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers

        [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


        FR: 6-10-20


        Docket 1


        Tentative Ruling:

        Tentative 7/15/20:


        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: September 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: October 9, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: November 18, 2020 at 11:00 a.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608361335 Meeting ID: 160 836 1335

      Password: 865000

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 836 1335

      Password: 865000

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      11:00 AM

      CONT...

      Luminance Recovery Center, LLC

      Jeffrey I Golden Beth Gaschen

      Chapter 7

      Defendant(s):

      Krohn Construction Represented By Reed H Olmstead

      Plaintiff(s):

      Richard A Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

      11:00 AM

      8:18-13532


      Tiphanie Jennifere Jordan


      Chapter 7

      Adv#: 8:19-01007 WJA Asset Management LLC et al v. Jordan et al


      #16.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Community Property Discharge Under 11 U.S.C. Section 524(a)(3)

      (Complaint filed 1/7/19)

      (Another Summons issued 3-28-19) FR: 4-3-19; 6-26-19; 9-18-19; 1-22-20

      Docket 1

      *** VACATED *** REASON: CONTINUED TO JANUARY 21, 2021 AT 11:00 A.M. PER ORDER FURTHER EXTENDING DEADLINE FOR DEFENDANTS TO FILE RESPONSIVE PLEADING AND CONTINUING STATUS CONFERENCE ENTERED 6-25-2020 - (DOCKET NO. [24])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Tiphanie Jennifere Jordan Represented By Leonard M Shulman

      Defendant(s):

      William M Jordan Pro Se

      Tiphanie Jennifere Jordan Pro Se

      Plaintiff(s):

      Secure California Income Fund LLC Represented By

      Kyra E Andrassy Timothy W Evanston

      California Indexed Growth Fund Represented By

      Kyra E Andrassy Timothy W Evanston

      11:00 AM

      CONT...


      Tiphanie Jennifere Jordan


      Chapter 7

      CA Real Estate Opportunity Fund II Represented By

      Kyra E Andrassy Timothy W Evanston

      CA Real Estate Opportunity Fund I Represented By

      Kyra E Andrassy Timothy W Evanston

      William Jordan Investments Inc Represented By Kyra E Andrassy

      Timothy W Evanston

      WJA Secure Income Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      WJA Secure Real Estate Fund LLC Represented By

      Kyra E Andrassy Timothy W Evanston

      WJA Real Estate Opportunity Fund Represented By

      Kyra E Andrassy Timothy W Evanston

      WJA Real Estate Opportunity Fund I Represented By

      Kyra E Andrassy Timothy W Evanston

      WJA Express Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      Whirl Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      Urban Produce Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      TD Opportunity Fund LLC Represented By

      11:00 AM

      CONT...


      Tiphanie Jennifere Jordan


      Kyra E Andrassy Timothy W Evanston


      Chapter 7

      CA Real Estate Opportunity Fund III Represented By

      Kyra E Andrassy Timothy W Evanston

      Prosper Managed Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      PMB Managed Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      Luxury Asset Purchasing Represented By Kyra E Andrassy

      Timothy W Evanston

      Equity Indexed Managed Fund LLC Represented By

      Kyra E Andrassy Timothy W Evanston

      Clairton Residential Renewal LLC Represented By

      Kyra E Andrassy Timothy W Evanston

      CA Whirl Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      CA See Jane Go Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      CA Express Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      Alabama Housing Fund LLC Represented By Kyra E Andrassy

      11:00 AM

      CONT...


      Tiphanie Jennifere Jordan


      Timothy W Evanston


      Chapter 7

      5827 Winland Hills Drive Represented By Kyra E Andrassy

      Timothy W Evanston

      WJA Asset Management LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      TD REO Fund LLC Represented By Kyra E Andrassy

      Timothy W Evanston

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7

      Adv#: 8:19-01013 Lopez et al v. Morgan


      #17.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt And Objecting To Discharge

      [11 USC Sections 523(a)(4), 523(a)(6)]

      (Complaint filed 1/14/19) (PTC set at S/C held 4-4-19)


      FR: 4-4-19; 2-5-20; 2-12-20; 2-19-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO DECEMBER 16, 2020 AT 11:00 A.M. PER ORDER ON STIPULATION RE: CONTINUING PRETRIAL HEARING AND ALL DISCOVERY DEADLINES ENTERED 7

      -9-2020 (DOCKET NO. [25])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Defendant(s):

      Brooks T Morgan Represented By Anerio V Altman

      Plaintiff(s):

      Joanna N Lopez Represented By Katrina Anne Foley

      Maria Arellano Represented By Katrina Anne Foley

      11:00 AM

      CONT...

      Trustee(s):


      Brooks T Morgan


      Chapter 7

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7

      Adv#: 8:19-01173 Casey v. Arroyo Investment Properties, LLC


      #18.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Arroyo Investment Properties, LLC For:

      1. Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);

      2. Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);

      3. Recovery Of Transfer Per 11 U.S.C. Section 550;

      4. Declaratory Relief; And

      5. Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542


      (Complaint filed 8/26/19)

      (Counterclaim filed 9/27/19 - Dismissed Without Prejudice 11-27-19 - Docket No. [16])

      (PTC set at S/C held 11-20-19) FR: 11-20-19

      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING AND TAKING PRE-TRIAL CONFERENCE OFF CALENDAR - DOCKET NO. [28]

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Defendant(s):

      Arroyo Investment Properties, LLC Represented By

      Donald W Sieveke

      11:00 AM

      CONT...


      Brooks T Morgan


      Chapter 7

      Plaintiff(s):

      Thomas H. Casey Represented By Thomas H Casey

      Trustee(s):

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      11:00 AM

      8:19-10153


      Thomas Joseph Lynch, JR


      Chapter 7

      Adv#: 8:19-01069 OC West, LLC et al v. Lynch


      #19.00


      CONT'D PRE-TRIAL CONFERENCE RE: First Amended Complaint For:

      1. Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6);

      2. Denial Of Discharge Pursuant To: 11 U.S.C. Sections 727(a)(2)(A), 727(a)(2) (B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), 727(a)(5), and 727(a)(12)(B); And

      3. Unfair, Unlawful And Fraudulent Business Practice California Business And Professional Code Section 17200 et seq.


        (Complaint filed 4/17/19)

        (First Amended Complaint filed 8/13/19) (PTC set at S/C held 10/2/19)


        FR: 7-3-19; 7-17-19; 10-2-19; 6-10-20


        Docket 1


        Tentative Ruling:

        Tentative for 7/15/20 is to CONTINUE to August 5, 2020 at 11:00 a.m., to be heard concurrently with the hearing on Plaintiff's Motion for Reconsideration [Dk. 90].


        As of the posting of this tentative, the parties have not filed a pretrial stipulation in compliance with the requirements of LBR 7016-1(b). If the parties fail to comply with applicable rules and instructions in the future, the Court may impose monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


        Appearances for 7/15 hearing are excused.


        **************************************************************************************** Tentative for 10/02/19:

        11:00 AM

        CONT...


        Thomas Joseph Lynch, JR


        Chapter 7

        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: March 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: April 24, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: June 10, 2020.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days. Appearances are required.

      **************************************************************************** Tentative for 7/3/19:


      This matter is CONTINUED to July 17, 2019 at 10:00 a.m. to coincide with the hearing on the motion to dismiss. A status report is not required for this continued status conference.


      Appearances are excused.


      Party Information

      Debtor(s):

      Thomas Joseph Lynch JR Pro Se

      Defendant(s):

      Thomas Joseph Lynch Pro Se

      Plaintiff(s):

      OC West, LLC Represented By

      11:00 AM

      CONT...


      Thomas Joseph Lynch, JR


      James J Orland


      Chapter 7

      Liberty Financial USA, LLC Represented By James J Orland

      Liberty Debt Solution, LLC Represented By James J Orland

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:19-10349


      Sukeinah Hassan Kassir


      Chapter 7

      Adv#: 8:19-01081 Marshack v. Kassir


      #20.00


      Hearing RE: Motion: (1) To Amend Complaint; (2) Consolidate Adversary Cases (Motion filed 6/12/2020)

      [To consolidate cases: 8:19-ap-01081-SC with 8:19-ap-01130-SC]


      Docket 71

      *** VACATED *** REASON: OFF CALENDAR - PER ORDER GRANTING LEAVE TO AMEND; CONSOLIDATING ADVERSARY PROCEEDINGS AND VACATING HEARING ON JULY 15, 2020 AT 11:00

      A.M. ENTERED 7-9-2020 - (DOCKET NO. [74]) Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Sukeinah Hassan Kassir Pro Se

      Defendant(s):

      Sukeinah Hassan Kassir Pro Se

      Movant(s):

      Richard A Marshack Represented By Donald W Sieveke

      Plaintiff(s):

      Richard A Marshack Represented By Donald W Sieveke

      Trustee(s):

      Richard A Marshack (TR) Represented By Donald W Sieveke

      11:00 AM

      8:19-10349


      Sukeinah Hassan Kassir


      Chapter 7

      Adv#: 8:19-01130 Marshack v. Kassir et al


      #21.00


      Hearing RE: Motion To Consolidate Adversary Cases (Motoin filed 6/12/2020)

      [To consolidate cases: 8:19-ap-01130-SC with 8:19-ap-01081-SC]


      Docket 71

      *** VACATED *** REASON: OFF CALENDAR - ORDER CONSOLIDATING ADVERSARY PROCEEDINGS AND VACATING HEARING ON JULY 15, 2020 AT 11:00 A.M. ENTERED 7-9-2020 - (DOCKET NO. [74])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Sukeinah Hassan Kassir Pro Se

      Defendant(s):

      Mohammad Mahdi Kassir Represented By Vikrant Chaudhry

      Mohammad Abbas Kassir Represented By Vikrant Chaudhry

      Ali Al-Hadi Kassir Represented By Vikrant Chaudhry

      Sukeinah Kassir Represented By Vikrant Chaudhry

      Movant(s):

      Richard A Marshack Represented By Donald W Sieveke

      11:00 AM

      CONT...


      Sukeinah Hassan Kassir


      Chapter 7

      Plaintiff(s):

      Richard A Marshack Represented By Donald W Sieveke

      Trustee(s):

      Richard A Marshack (TR) Represented By Donald W Sieveke

      11:00 AM

      8:19-11389


      Kiet Tuan Tran


      Chapter 7

      Adv#: 8:20-01062 Kosmala v. Ho


      #22.00


      STATUS CONFERENCE Hearing RE: Complaint For Judgment:

      1. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 544 And California Civil Code Section 3439.04(a)(1);

      2. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 544 And California Civil Code Section 3439.04(a)(2);

      3. Recovery Of Transfer Pursuant To 11 U.S.C. Section 550;

      4. Preserving Transfer Pursuant To 11 U.S.C. Section Section 551;

      5. For Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And

      6. For Turnover Of Property Of The Estate (Complaint filed 4/22/2020)

        Docket 1


        Tentative Ruling:

        Tentative for 7/15/20:


        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: September 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: October 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: November 18, 2020 at 11:00 a.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.

      11:00 AM

      CONT...


      Kiet Tuan Tran


      Chapter 7


      Plaintiff is to lodge a scheduling order within seven (7) days.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608361335 Meeting ID: 160 836 1335

      Password: 865000

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 836 1335

      Password: 865000

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Kiet Tuan Tran


      Chapter 7

      Kiet Tuan Tran Pro Se

      Defendant(s):

      Ngan Kim Ho Represented By

      Phu D Nguyen

      Plaintiff(s):

      Weneta M.A. Kosmala Represented By Jeffrey I Golden Reem J Bello

      Trustee(s):

      Weneta M Kosmala (TR) Represented By Reem J Bello

      11:00 AM

      8:11-17664


      Martha Lucrecia Diaz


      Chapter 7


      #22.10


      CONT'D RE: Motion For The Trustee To Abandon The Asset Or File Adversary Complaint

      (Motion filed 1/24/2020)


      FR: 4-1-20; 5-13-20; 6-24-20


      Docket 37

      *** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION AND VACATING HEARING ENTERED 7-9-2020 - (DOCKET NO. [58])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Martha Lucrecia Diaz Represented By Dennise S Henderson

      Movant(s):

      Martha Lucrecia Diaz Represented By Dennise S Henderson

      Trustee(s):

      Weneta M Kosmala (TR) Pro Se

      10:00 AM

      8:20-10839


      Francisco Flores


      Chapter 7


      #1.00


      Motion for relief from stay [Action In Non-Bankruptcy Forum]


      Erica Arbrego vs. DEBTOR (Motion filed 6/12/2020)


      [RE: Case Name: Erica Abrego v. Francisco Flores] [Docket Number: 30-2018-01029739]

      [Pending In: Orange County Superior Court]


      Docket 17

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF PLAINTIFF, ERICA ABREGO'S MOTION FOR RELIEF FROM AUTOMATIC STAY FILED 7-14-2020 - (DOCKET NO. [24])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Francisco Flores Represented By Edward A Villalobos

      Movant(s):

      Erica Abrego Represented By

      Jorge Ledezma Flores

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      10:00 AM

      8:20-11255


      Lester Ivan Polanco and Sandra Azucena Polanco


      Chapter 7


      #2.00


      Motion for relief from stay [Personal Property]


      SchoolsFirst Federal Credit Union vs. DEBTORS (Motion filed 6/12/2020)


      [RE: 2018 GMC Yukon - VIN No.: 1GKS1GKCOJR349702]


      Docket 9


      Tentative Ruling:

      Tentative for 7/16/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Lester Ivan Polanco Represented By Dianna M Heck

      10:00 AM

      CONT...


      Lester Ivan Polanco and Sandra Azucena Polanco


      Chapter 7

      Joint Debtor(s):

      Sandra Azucena Polanco Represented By Dianna M Heck

      Movant(s):

      SchoolsFirst Federal Credit Union Represented By

      Paul V Reza

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:20-11291


      Anthony Michael Martinez


      Chapter 7


      #3.00


      Motion for relief from stay [Personal Property]


      SchoolsFirst Federal Credit Union vs. DEBTOR (Motion filed 6/12/2020)


      [RE: 2016 Toyota Corolla - VIN No.: 5YFBURHE3GP464966]


      Docket 8


      Tentative Ruling:

      Tentative for 7/16/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Anthony Michael Martinez Represented By Harlene Miller

      10:00 AM

      CONT...

      Movant(s):


      Anthony Michael Martinez


      Chapter 7

      SchoolsFirst Federal Credit Union Represented By

      Paul V Reza

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      10:00 AM

      8:20-11574


      Sylvia Herman and Peter Herman


      Chapter 7


      #4.00


      Motion for relief from stay [Personal Property]


      Cab West, LLC vs. DEBTORS (Motion filed 6/8/2020)


      [RE: 2018 Ford Edge - VIN: 2FMPK3J83JBC12935]


      [Tele. appr., John H. Kim, repr., Cab West, LLC]


      Docket 10


      Tentative Ruling:

      Tentative for 7/16/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Sylvia Herman Represented By Scott Dicus

      10:00 AM

      CONT...


      Sylvia Herman and Peter Herman


      Chapter 7

      Joint Debtor(s):

      Peter Herman Represented By Scott Dicus

      Movant(s):

      Cab West, LLC Represented By Sheryl K Ith

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      11:00 AM

      8:17-11743


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      #5.00


      Hearing RE: Motion For Order Approving Disclosure Statement Describing Chapter 11 Plan Of Reorganization

      (D.S. filed 6/4/2020)


      Docket 321


      Tentative Ruling:

      Tentative for 7/16/20 is to APPROVE as modified, pursuant to Trustee Reply filed July 9, 2020 [Dk. 338], and provided that Debtor is prepared to explain the following:


      The Debtor projects that monthly expenses will range from $89,328.00 -

      $99,331.00 for the remainder of the 2020 calendar year. [Dk. 319, Exhibit 1]. However, the actual expenses included in Debtor’s MOR for the month ending May 31, 2020 [Dk. 333, Pg. 24] total $123,654.30. The Court seeks clarification as to which projection is a more accurate reflection of the Debtor’s post-COVID-19 business operations.

      The Court is inclined to set the following dates/deadlines: Deadline to serve plan documents, including ballot = 7/30/20

      Deadline for ballot return & Objections to Confirmation = 8/27/20 at 5:00 p.m. Deadline for Confirmation brief and ballot summary = 9/10/20

      Reply to Confirmation brief due = 9/17/20

      Confirmation hearing = September 24, 2020 at 11:00 a.m.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

      11:00 AM

      CONT...


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11

      and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

      Password: 959938

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 492 7436

      Password: 959938

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      11:00 AM

      CONT...

      Movant(s):


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11

      David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

      Trustee(s):

      David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

      11:00 AM

      8:17-11743


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      #6.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 5/1/17)


      FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;

      8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20


      Docket 6


      Tentative Ruling:

      Tentative for 7/16/20 is to CONTINUE to September 24, 2020 at 11:00 a.m., to be heard concurrently with the plan confirmation hearing.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

      Password: 959938


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      11:00 AM

      CONT...


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 492 7436

      Password: 959938


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      ******************************************************************************* Tentative for 6/11/20 is to CONTINUE to July 16, 2020 at 11:00 a.m., to be heard concurrently with the hearing on Debtor's motion to approve a disclosure statement. A status report will be required 14 days in advance.


      Appearances for the 6/11 hearing are excused.


      ********************************************************************************* Tentative for 3/12/20:

      The Court will CONTINUE this matter to June 11, 2020 at 11:00 a.m., at which time the Court expects that the Trustee will have resolved all claim objections and have filed a plan of reorganization. A status report is due 14 days in advance. If a plan of reorganization has not been filed by that date, the Trustee is to include in the status report a detailed description explaining why one has not been filed and an anticipated time frame.


      Appearances for the 3/12/20 status conference are excused.


      **************************************************************************** Tentative for 1/23/20:


      The Court has received and reviewed the status report filed January 14, 2020

      11:00 AM

      CONT...


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11

      [Dk. 267] and will grant a short CONTINUANCE of this matter to March 12, 2020 at 11:00 a.m, for purposes of allowing the Trustee to solidify his exit strategy. A status report is due 14 days in advance. The status report should include details regarding the Chapter 11 Trustee's exit strategy.


      The Court notes that the above status report was not timely filed. The Court will excuse the non-compliance in this instance, but Trustee is cautioned to ensure compliance with all filing deadlines in the future.


      Appearances are excused.


      ****************************************************************************** Tentative for 10/24/19:


      Appearances are required.


      ********************************************************************************* Tentative for 8/15/19:


      The Court has received and reviewed the status report filed on August 1, 2019 [Dk. 241], and will continue the status conference to October 24, 2019 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances are excused.


      *************************************************************************** Tentative for 4/18/19:


      The Court is inclined to set the following dates/deadlines:


      1. Deadline to file a plan and disclosure statement - June 30, 2019.


      2. A Continued Chapter 11 Status Conference - August 15, 2019 at 11:00

      a.m. A status report is due 14 days in advance.


      The Trustee (himself or through his counsel) should be prepared to orally provide the Court with a current and projected financial overview of Debtor,

      11:00 AM

      CONT...


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11

      including a summary of all claims.


      Appearances required.


      Debtor(s):


      Party Information

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      Trustee(s):

      David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

      11:00 AM

      8:17-11743


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      #7.00


      Hearing RE: Objection To Claim:

      (Motion filed 6/11/2020)


      Claim No. 13 Francisco Javier Oliveros Garcia $5,000.00


      Docket 324


      Tentative Ruling:

      Tentative for 7/16/20 is to SUSTAIN.


      This matter will not be called by the Court, and the 7/16 hearing is hereby vacated.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      Trustee(s):

      David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11

      Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al


      #8.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Breach Of Guaranty Contracts;

      2. Breach Of Lease Agreement;

      3. Breach Of Security Instrument (Complaint filed 5/17/19)


      FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20


      Docket 1


      Tentative Ruling:

      Tentative for 7/16/20 is to CONTINUE to August 20, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


      Appearances for the 7/16 hearing are excused.


      *************************************************************************************** Tentative for 4/9/20 is to CONTINUE to July 16, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


      Plaintiff is required to submit its motion seeking approval of the settlement by no later than May 15, 2020.


      Appearances for the 4/9 hearing are excused.


      ************************************************************************************* Tentative for 1/23/20:

      The Court has received and reviewed the status report filed 1/15/20 [Dk. 28]

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      and will CONTINUE this status conference to April 9, 2020 at 11:00 a.m. A status report (whether joint or unilateral) for the April 9, 2020 hearing is due 14 days prior.


      The Court notes that settlement discussions were also referenced in a previous status report filed on 10/31/19 [Dk. 26]. Absent a showing of significant forward progress in the next status report, the Court will issue a scheduling order at the next status conference.


      Further, pursuant to the 11/7/19 tentative (set forth below), Plaintiff was instructed to file a status report 14 days in advance of this hearing (by 11/9/20). Plaintiff did not comply with this directive. Plaintiff also failed to timely file a status report for the 11/7/19 status conference, as directed by the 8/08/19 tentative (also set forth below). The Court will excuse the noncompliance in this instance; however, in light of the repeat violations, Plaintiff is cautioned that it may be subject to sanctions for future violations.


      Appearances are excused.


      *************************************************************************** Tentative for 11/07/19:


      The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.


      The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.


      Appearances are excused.


      ************************************************************************************** Tentative for 8/08/19:


      This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11


      Appearances are excused.


      Debtor(s):


      Party Information

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

      Defendant(s):

      Suneet Singal Pro Se

      First Capital Real Estate Pro Se

      Stephen Howell Pro Se

      Central Valley Gas Stations Atwater Pro Se

      Plaintiff(s):

      TD REO Fund, LLC Represented By Michael W Davis

      TD Opportunity Fund, LLC Represented By Michael W Davis

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01089 TD REO Fund LLC v. Mukda


      #9.00


      PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


      FR: 8-8-19; 5-14-20


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING PURSUANT TO A COURT-APPROVED SETTLEMENT ENTERED 7-2- 2020 - (DOCKET NO. [16])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Norma Mukda Represented By

      J Scott Williams

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis Corey R Weber

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01087 TD REO Fund LLC v. Nih


      #10.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


      FR: 8-8-19; 4-16-19; 5-14-20


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION TO VACATE DATES AND DEADLINES PENDING CONSUMMATION OF COURT APPROVED SETTLEMENT BETWEEN PARTIES ENTERED 4-30-2020 - (DOCKET NO. [26])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Paul Nih Represented By

      Donald W Reid

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01090 TD REO Fund LLC v. Will


      #11.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers

      [11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


      FR: 8-8-19; 8-26-19; 5-14-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO OCTOBER 1, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION ENTERED 3-12-

      2020 - (DOCKET NO. [27])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Michael J. Will Represented By Donald W Reid

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis Jorge A Gaitan Corey R Weber

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01091 TD REO Fund LLC v. Masunaga et al


      #12.00


      PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer

      [11 U.S.C. Sections 544, 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

      (Complaint filed 5/15/19) (PTC set at S/C held 8/8/19)


      FR: 8-8-19; 5-14-20


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING ENTERED 5-6-2020 - (DOCKET NO. [16])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Wayne Masunaga Represented By Jeanne M Jorgensen

      Lynn Mizuno Masunaga Represented By Jeanne M Jorgensen

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      CONT...


      TD REO Fund LLC


      Corey R Weber


      Chapter 11

      11:00 AM

      8:19-12739


      Maria Julia Higueros


      Chapter 11


      #13.00


      Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From July 15, 2019 Through March 13, 2020

      (Application filed 6/16/2020)


      [RE: THE ORANTES LAW FIRM, P.C. - Attorney for Reorganized Debtor] [Fees: $34,073.00; Expenses: $4,202.79]


      [Tele. appr., Giovanni Oranges, repr., Maria Higueros]


      Docket 80


      Tentative Ruling:

      Tentative for 7/16/20 is to APPROVE.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano

      11:00 AM

      CONT...

      Movant(s):


      Maria Julia Higueros


      Chapter 11

      Maria Julia Higueros Represented By Giovanni Orantes Giovanni Orantes Giovanni Orantes Giovanni Orantes Giovanni Orantes Giovanni Orantes Luis A Solorzano Luis A Solorzano Luis A Solorzano Luis A Solorzano Luis A Solorzano Luis A Solorzano

      11:00 AM

      8:16-15064


      Charles Flowers Harrison and Martha Isabel Montoya


      Chapter 11


      #14.00


      Hearing RE: Final Application For Allowance Of Professional Fees And Costs For The Period From June 22, 2018 Through April 10, 2020.

      (Application filed 6.20/2020)


      [RE: M. JONES AND ASSOCIATES - Attorney for Reorganized Debtors] [Fees: $57,315.00; Expenses: $2,443.97]


      [Tele. appr., Michael Jones, repr., Charles Flowers Harrison and Martha Isabel Montoya]


      Docket 358


      Tentative Ruling:

      Tentative for 7/16/20 is to APPROVE.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

      There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Charles Flowers Harrison Represented By Michael Jones Sara Tidd

      11:00 AM

      CONT...


      Charles Flowers Harrison and Martha Isabel Montoya


      Chapter 11

      Joint Debtor(s):

      Martha Isabel Montoya Represented By Michael Jones Sara Tidd

      Movant(s):

      M. Jones and Associates, P.C. Represented By Michael Jones

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #15.00


      Hearing RE: Motion For Relief From Court's Order Entered December 17, 2019 (Motion filed 6/25/2020)


      Docket 221


      Tentative Ruling:

      Tentative for 7/16/20 is to DENY.


      Debtor shall not be excused from fulfilling its obligations agreed to in the Stipulation filed 12/10/19 [Dk. 43], and approved by an Order entered 12/17/19 [Dk. 47]. More importantly, Debtor shall have 14 days to demonstrate compliance with the Order in light of the Court's related tentative on matter #15.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

      Password: 959938


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      11:00 AM

      CONT...


      Thompson National Properties, LLC


      Chapter 11


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 492 7436

      Password: 959938

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      Movant(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #16.00


      Hearing RE: Motion Of Cohen & Burnett To Convert Chapter 11 Case To Chapter 7, Or In The Alternative Appointment Of A Chapter 11 Trustee Or Examiner

      (Motion filed 6/25/2020)


      Docket 223


      Tentative Ruling:

      Tentative for 7/16/20 is to CONTINUE to August 6, 2020 at 11:00 a.m.


      No later than three days prior to the continued hearing, Movant and Debtor shall provide the Court with a joint status report, detailing the cooperation and obeyance of the parties over the next two weeks with respect to the Order entered 12/17/19 [Dk. 47]. The Court shall then determine whether or not the relief requested by the motion herein, including but not limited to conversion, is appropriate.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

      Password: 959938

      11:00 AM

      CONT...


      Thompson National Properties, LLC


      Chapter 11

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 492 7436

      Password: 959938

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      Movant(s):

      Cohen & Burnett Represented By Alan I Nahmias Scott H Noskin

      11:00 AM

      8:20-11339

      Rockport Development, Inc.

      Chapter 11

      #17.00


      CONT'D Motion for relief from stay [Real Property]


      Crosswind Mortgage REIT, L.P., a Delaware Limited Partnership vs. DEBTOR (Motion filed 6/12/2020)


      [RE: 4386 Newport Avenue, San Diego, CA 92107]


      FR: 7-15-20 (CB)


      Docket 76


      Tentative Ruling:

      Tentative for 7/16/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

      Password: 959938


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      11:00 AM

      CONT...


      Rockport Development, Inc.


      Chapter 11


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 492 7436

      Password: 959938

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

      11:00 AM

      8:20-11339

      Rockport Development, Inc.

      Chapter 11

      #18.00

      CONT'D Hearing RE: Application By Debtor-In-Possession To Employ Michael VanderLey As Chief Restructuring Officer Of Debtor

      (Motion filed 6/3/2020) FR: 7-1-20; 7-14-20 (CB)

      Docket 66


      Tentative Ruling:

      Tentative for 7/16/20 is to APPROVE, subject to the hourly rate reduction (from $650.00 to $570.00) represented to the Court at the 6/23 hearing held by Judge Bauer and agreed to by the parties, including the UST.


      This matter will not be called by the Court, and the 7/16 hearing is hereby vacated.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

      11:00 AM

      8:20-11339


      Rockport Development, Inc.


      Chapter 11


      #19.00


      CONT'D Hearing RE: Application By Debtor-In-Posession To Employ Marshack Hays LLP As General Counsel

      (Motion filed 6/3/2020) FR: 7-1-20; 7-14-20 (CB)

      Docket 63


      Tentative Ruling:

      Tentative for 7/16/20 is to APPROVE, except as to the Knudsen request, which will be DENIED.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

      Password: 959938


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      11:00 AM

      CONT...


      Rockport Development, Inc.


      Chapter 11


      Meeting ID: 160 492 7436

      Password: 959938

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

      11:00 AM

      8:20-11339

      Rockport Development, Inc.

      Chapter 11

      #20.00

      CONT'D Hearing RE: Application By Chapter 11 Debtor For Authorization To Employ Grobstein Teeple LLP As Financial Advisors And Accountants Effective May 13, 2020

      (Motion filed 6/8/2020) FR: 7-1-20; 7-14-20 (CB)

      Docket 73


      Tentative Ruling:

      Tentative for 7/16/20 is to APPROVE.


      This matter will not be called by the Court, and the 7/16 hearing is hereby vacated.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

      11:00 AM

      8:20-11339


      Rockport Development, Inc.


      Chapter 11


      #21.00


      CONT'D Hearing RE: Debtor's Application To Employ Curtis-Rosenthal, Inc. As Appraiser And Approval Of Payment Of Appraiser Fees

      (Motion filed 5/20/2020) FR: 7-1-20; 7-14-20 (CB)

      Docket 34

      *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF DOCKET NO. [34] FILED ON 7-15-2020 - (DOCKET NO. [163])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

      11:00 AM

      8:20-11339


      Rockport Development, Inc.


      Chapter 11


      #22.00


      CONT'D Final Hearing RE: Debtor And Debtor-In-Possession's Emergency Motion For Order; Authorizing Debtor To Obtain Post-Petition Loan

      (Motion filed 5/10/2020)


      FR: 5-13-20; 5-27-20; 6-3-20; 7-2-20 (CB)


      Docket 15


      Tentative Ruling:

      Tentative for 7/16/20 is to APPROVE.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

      Password: 959938


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      11:00 AM

      CONT...


      Rockport Development, Inc.


      Chapter 11

      Meeting ID: 160 492 7436

      Password: 959938

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Rockport Development, Inc. Represented By Matthew Grimshaw

      11:00 AM

      8:20-11339

      Rockport Development, Inc.

      Chapter 11

      #23.00


      CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

      (Petition filed 5/7/2020)


      FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB)


      Docket 1


      Tentative Ruling:

      Tentative for 7/16/20 is to CONTINUE to October 8, 2020 at 11:00 a.m., and set the following dates/deadlines:


      1. Claims Bar Date: 8/15/20

      2. Deadline for filing Claim Objections: 12/31/20

      3. Deadline to file Plan and Disclosure Statement: 9/4/20


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

      Password: 959938


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

      11:00 AM

      CONT...


      Rockport Development, Inc.


      Chapter 11

      audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 492 7436

      Password: 959938

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Rockport Development, Inc. Represented By Matthew Grimshaw

      11:00 AM

      8:20-11683

      Tiara Townhomes LLC

      Chapter 11

      #24.00


      CONT'D STATUS CONFERENCE RE: Scheduling And Case management Conference

      (Petition filed 6/11/2020)


      FR: 6/-23-20; 7-1-20; 7-14-20 (CB)


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - CASE JOINTLY ADMINISTERED WITH ROCKPORT - CASE NUMBER 8:20-BK-11229- SC

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Tiara Townhomes LLC Represented By Matthew Grimshaw

      10:00 AM

      6:20-14798


      Ben Clymer's The Body Shop Perris Inc.


      Chapter 11


      #1.00


      Hrg. on Debtor's Emergency motion filed 7/16/20 For Authority For: (a) Use Of Cash Collateral; And (b) Grant Replacement Liens


      EH            


      Docket 4


      Tentative Ruling:

      Tentative for 7/22/20:


      The Court would like Debtor to file a separate current and complete inventory of every chassis belonging to the Debtor as of the petition date. Further, the Debtor should provide the most recent inventory of chassis's belonging to the Debtor from approximately two months and four months prior to the petition date.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1613624856 Meeting ID: 161 362 4856

      Password: 958658


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

      10:00 AM

      CONT...


      Ben Clymer's The Body Shop Perris Inc.


      Chapter 11

      audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 362 4856

      Password: 958658

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Ben Clymer's The Body Shop Perris Represented By

      Robert M Yaspan

      1:00 PM

      6:20-14798

      Ben Clymer's The Body Shop Perris Inc.

      Chapter 11

      #1.00

      Hrg. on Reconsideration of Order directing the appointment of a Chapter 11 Trustee

      EH            

      Docket 0


      Tentative Ruling:

      Tentative for 7/24/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1616185408 Meeting ID: 161 618 5408

      Password: 101635


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 618 5408

      1:00 PM

      CONT...


      Ben Clymer's The Body Shop Perris Inc.


      Chapter 11


      Password: 101635

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Party Information

      Debtor(s):

      Ben Clymer's The Body Shop Perris Represented By

      Robert M Yaspan

      Santa Ana

      Judge Scott Clarkson, Presiding Courtroom 5C Calendar


      Tuesday, July 28, 2020 Hearing Room 5C


      9:00 AM

      8:18-13588


      Tim M. McKenna


      Chapter 7

      Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


      #1.00


      CONT'D TRIAL RE: Complaint Objecting To Debtor's Discharge Under 11

      U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

      (Complaint filed 1/4/19)

      (TRIAL set at PTC held 12/18/19)

      [Trial set as "initial Trial date per Order Entered 3/19/2020]


      FR: 4-3-19; 12-18-19; 4-20-20; 6-16-20


      Docket 1

      Party Information

      Debtor(s):

      Tim M. McKenna Represented By Michael G Spector

      Defendant(s):

      Tim M. McKenna Pro Se

      Plaintiff(s):

      Law Offices of Michelle J. Sukhov, Represented By

      Michelle J Nelson

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

      10:00 AM

      6:20-11936


      Yun Ho Choi


      Chapter 7


      #1.00


      Kim, Park, Choi & Yi - movant attorney Motion for Relief from Stay

      Open Bank, a California Corporation vs. DEBTOR (Motion filed 6/22/20)


      Re: 14108 Evening View Drive, Chino Hills, CA 91709 EH            

      Docket 35


      Tentative Ruling:

      Tentative for 8/4/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with a 4001(a)(3) waiver, as stipulated to by Debtor.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Yun Ho Choi


      Chapter 7

      Yun Ho Choi Represented By

      Young K Chang

      Movant(s):

      Open Bank Represented By

      Tony K Kim

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:20-11936


      Yun Ho Choi


      Chapter 7


      #1.10


      French Lyon Tang - movant attorney Motion for Relief from Stay

      Bank of the West vs. DEBTOR (Motion filed 7/14/20)


      Re: 14108 Evening View Drive, Chino Hills, CA 91709


      Docket 42


      Tentative Ruling:

      Tentative for 8/4/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Yun Ho Choi Represented By

      10:00 AM

      CONT...


      Movant(s):


      Yun Ho Choi


      Young K Chang


      Chapter 7

      BANK OF THE WEST Represented By

      Mary Ellmann Tang

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:20-12586


      Mario Locatelli and Danae M Locatelli


      Chapter 7


      #2.00


      Paul V. Reza - movant attorney Motion for Relief from Stay

      SchoolsFirst Federal Credit Union vs. DEBTORS (Motion filed 6/29/20)


      Re: 2014 Honda Accord, VIN 1HGCR2F50EA251606


      EH            


      Docket 18


      Tentative Ruling:

      Tentative for 8/4/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Mario Locatelli and Danae M Locatelli


      Chapter 7

      Mario Locatelli Represented By Paul Y Lee

      Joint Debtor(s):

      Danae M Locatelli Represented By Paul Y Lee

      Movant(s):

      SchoolsFirst Federal Credit Union Represented By

      Paul V Reza

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-13421


      Andres Martinez Sandoval and Melida Martinez


      Chapter 7


      #3.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from stay

      Americredit Financial Services, Inc. vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 6/23/20)


      Re: 2017 Chevrolet Malibu, VIN: 1G1ZE5ST6HF217857


      Docket 13


      Tentative Ruling:

      Tentative for 8/4/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Andres Martinez Sandoval Represented By

      10:00 AM

      CONT...


      Andres Martinez Sandoval and Melida Martinez

      Curtis R Aijala


      Chapter 7

      Joint Debtor(s):

      Melida Martinez Represented By Curtis R Aijala

      Movant(s):

      AmeriCredit Financial Services, Inc. Represented By

      Sheryl K Ith

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      10:00 AM

      6:20-13861


      Ajai Alexander


      Chapter 7


      #4.00


      Marjorie M. Johnson - movants attorney Motion for Relief from Stay

      Exeter Finance, LLC vs. DEBTOR (Motion filed on 7/9/20)


      RE: 2014 Ford Mustang V6 Coupe 2D EH        

      Docket 10


      Tentative Ruling:

      Tentative for 8/4/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Ajai Alexander


      Chapter 7

      Ajai Alexander Pro Se

      Movant(s):

      Exeter Finance, LLC Represented By Marjorie M Johnson

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-13931


      Maria Elena Vizcarra


      Chapter 7


      #5.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      TD Auto Finance LLC vs. DEBTOR, Howard Grobstein, trustee (Motion filed 7/8/20)


      Re: 2017 Kia Optima, VIN: 5XXGT4L37HG143900


      EH            


      Docket 10


      Tentative Ruling:

      Tentative for 8/4/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Maria Elena Vizcarra


      Chapter 7

      Maria Elena Vizcarra Represented By

      M. Wayne Tucker

      Movant(s):

      TD Auto Finance LLC Represented By Sheryl K Ith

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-14177


      Jose Alonso Padilla


      Chapter 7


      #6.00


      Vincent Frounjian, Esq. - movant attorney Motion for Relief from Stay

      American Honda Finance Corporation vs. DEBTOR, Todd Frealy, chapter 7 trustee

      (Motion filed 7/1/20)


      Re: 2016 Honda Accord, VIN: 1HGC R2F4 2GA2 23445 EH          .

      Docket 7


      Tentative Ruling:

      Tentative for 8/4/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      10:00 AM

      CONT...

      Debtor(s):


      Jose Alonso Padilla


      Chapter 7

      Jose Alonso Padilla Represented By Edgar P Lombera

      Movant(s):

      American Honda Finance Represented By Vincent V Frounjian

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      11:00 AM

      6:17-15749


      Foster Enterprises, a California general partnersh


      Chapter 7


      #8.00


      Hrg. on Chapter 7 Trustee's Motion for Order Approving Compromise of Controversy Pursuant to Federal Rule of Bankruptcy Procedure 9019 Which Includes the Transfer of Certain Motor Vehicles to the Debtors


      EH        


      Docket 513


      Tentative Ruling:

      Tentative for 8/4/20 is to APPROVE.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones

      Trustee(s):

      John P Pringle (TR) Represented By Toan B Chung

      11:00 AM

      CONT...


      Foster Enterprises, a California general partnersh


      Chapter 7

      11:00 AM

      6:17-15749


      Foster Enterprises, a California general partnersh


      Chapter 7


      #8.10


      Hrg. on Chapter 7 Trustee's Motion for Order Authorizing Abandonment of the Individual Estate's Interest in Certain Real and Personal Property Pursuant to 11

      U.S.C. Section 554 EH         

      Docket 517


      Tentative Ruling:

      Tentative for 8/4/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones

      Trustee(s):

      John P Pringle (TR) Represented By Toan B Chung

      11:00 AM

      CONT...


      Foster Enterprises, a California general partnersh


      Chapter 7

      11:00 AM

      6:17-19223


      Dennison Orlando McKenzie and Louise M. McKenzie


      Chapter 7


      #9.00


      Hrg. on approval of trustee's final report and applications for compensation EH            


      Docket 0


      Tentative Ruling:

      Tentative for 8/4/20 is to APPROVE, except that the fee amount attributable to the Law Firm of Hydee J. Riggs shall be reduced to $15,480.00 pursuant to the Stipulation filed 6/23/20 [Dk. 54].


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Dennison Orlando McKenzie Represented By

      Stuart G Steingraber

      Joint Debtor(s):

      Louise M. McKenzie Represented By

      Stuart G Steingraber

      11:00 AM

      CONT...

      Trustee(s):


      Dennison Orlando McKenzie and Louise M. McKenzie


      Chapter 7

      Karl T Anderson (TR) Represented By Hydee J Riggs

      11:00 AM

      6:18-14750


      Kevin Jones and Teri Marie Goodwin


      Chapter 7


      #10.00


      Hrg. on approval of trustee's final report and applications for compensation EH            

      Docket 0


      Tentative Ruling:

      Tentative for 8/4/20 is to APPROVE.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Kevin Jones Represented By

      Todd L Turoci

      Joint Debtor(s):

      Teri Marie Goodwin Represented By Todd L Turoci

      Trustee(s):

      Larry D Simons (TR) Represented By Frank X Ruggier

      11:00 AM

      CONT...


      Kevin Jones and Teri Marie Goodwin


      Chapter 7

      11:00 AM

      6:19-18399


      Masao A Miller


      Chapter 7


      #11.00


      Hrg. on chapter 7 trustee's Motion filed 6/30/210 for Turnover of Property held by debtor pursuant to 11 U.S.C.§542(a) and (e)


      EH            


      Docket 20


      Tentative Ruling:

      Tentative for 8/4/20:


      The Court seeks clarification from the Ch. 7 Trustee regarding the specific amounts requested to be turned over, and further explanation regarding how this amount has been ascertained.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1606962930 Meeting ID: 160 696 2930

      Password: 757638


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      11:00 AM

      CONT...


      Masao A Miller


      Chapter 7


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 696 2930

      Password: 757638

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Masao A Miller Pro Se

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:19-19036


      Eric Lee Tavious Hill


      Chapter 7


      #12.00


      Hrg. on Trustee's Motion filed 6/17/20 to Dismiss Case and Vacate Discharge if Previously Entered


      EH            


      Docket 38


      Tentative Ruling:

      Tentative for 8/4/20 is to GRANT in part, and DENY in part.


      Debtor has not provided a copy of his tax return to the Trustee as required by 11 U.S.C § 521(e)(2)(A)(i), so the case may be dismissed as provided in 11

      U.S.C § 521(e)(2)(B). However, the failure to provide tax returns is not a failure to abide by orders of the court. In re Corella, 2008 Bankr. LEXIS 711, * 5-8, 2008 WL 704313 (Bankr. D. Ariz. 2008). Therefore, the Court is inclined to GRANT Trustee's request to dismiss the bankruptcy case, but Trustee's request for dismissal under § 109(g) with a 180 day bar to refile will be DENIED.


      FRBP 7001 requires that actions to vacate a discharge be brought in an adversary proceeding. Trustee’s request is made in the Debtor’s main bankruptcy case and not an adversary proceeding. Nonetheless, even if the Court elected to treat Trustee's motion as an adversary proceeding for purposes of satisfying FRBP 7001, the failure to provide the tax documents is not grounds to vacate the Debtor’s discharge pursuant to § 727(a)(6). Id.

      Therefore, the Court is inclined to DENY Trustee’s request to vacate discharge.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser

      11:00 AM

      CONT...


      Eric Lee Tavious Hill


      Chapter 7

      by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1606962930 Meeting ID: 160 696 2930

      Password: 757638

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 696 2930

      Password: 757638

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Eric Lee Tavious Hill Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      1:30 PM

      6:20-14307


      Pimlico Ranch, LLC


      Chapter 11


      #13.00


      Hrg. on Application to Employ Law Offices of Robert M. Yaspan as General Counsel for Debtor-in-Possession


      EH            


      Docket 5


      Tentative Ruling:

      Tentative for 8/4/20:


      The Court is inclined to APPROVE, provided that Applicant appears and provides clarification and/or otherwise appropriately addresses the following provisions in the proposed retainer agreement:


      ¶8 provides that when the attorney’s services conclude, all unpaid charges shall become immediately due and payable. This provision may be contrary to a confirmed plan.


      ¶11 provides for interest at 5% per annum on unpaid balances. This provision may also be contrary to a confirmed plan. Further, it does not provide an explanation as to when fees are considered "unpaid."


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604746237

      1:30 PM

      CONT...


      Pimlico Ranch, LLC


      Chapter 11

      Meeting ID: 160 474 6237

      Password: 456017

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 474 6237

      Password: 456017

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Party Information

      Debtor(s):

      Pimlico Ranch, LLC Represented By Robert M Yaspan

      Movant(s):

      Pimlico Ranch, LLC Represented By Robert M Yaspan

      1:30 PM

      6:20-14798


      Ben Clymer's The Body Shop Perris Inc.


      Chapter 11


      #14.00


      Hrg. on Emergency Motion filed 8/3/20 to use cash of the estate EH        


      Docket 57


      Tentative Ruling:

      Tentative for 8/4/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1604746237 Meeting ID: 160 474 6237

      Password: 456017

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 474 6237

      1:30 PM

      CONT...


      Ben Clymer's The Body Shop Perris Inc.


      Chapter 11

      Password: 456017

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Party Information

      Debtor(s):

      Ben Clymer's The Body Shop Perris Represented By

      Robert M Yaspan

      Movant(s):

      Todd A. Frealy (TR) Represented By Monica Y Kim

      Trustee(s):

      Todd A. Frealy (TR) Represented By Monica Y Kim

      10:00 AM

      6:20-12708

      Salvador Reyes Tinajero and April Elizabeth Tinajero

      Chapter 7

      #1.00

      Hrg. on approval of Reaffirmation Agreement Between Debtor and Carvana LLC, in the amount of $19,328.32

      Re: 2018 Mitsubishi Outland

      Docket 17


      Tentative Ruling:

      Tentative 8/5/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1606021253 Meeting ID: 160 602 1253

      Password: 108629


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Salvador Reyes Tinajero and April Elizabeth Tinajero


      Chapter 7

      Meeting ID: 160 602 1253

      Password: 108629

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Salvador Reyes Tinajero Represented By Jeanette R Quintana

      Joint Debtor(s):

      April Elizabeth Tinajero Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:20-12708


      Salvador Reyes Tinajero and April Elizabeth Tinajero


      Chapter 7


      #2.00


      Hrg. on approval of Reaffirmation Agreement filed 7/13/20 Between Debtor and Carvana LLC, in the amount of $18,736.83


      Re: 2018 Ford Fusion


      Docket 18


      Tentative Ruling:

      Tentative 8/5/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1606021253 Meeting ID: 160 602 1253

      Password: 108629


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Salvador Reyes Tinajero and April Elizabeth Tinajero


      Chapter 7

      Meeting ID: 160 602 1253

      Password: 108629

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Salvador Reyes Tinajero Represented By Jeanette R Quintana

      Joint Debtor(s):

      April Elizabeth Tinajero Pro Se

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:20-12848


      Robin Michelle Bradford


      Chapter 7


      #3.00


      Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $13,085.43


      Re: 2016 Toyota Camry


      Docket 11


      Tentative Ruling:

      Tentative 8/5/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1606021253 Meeting ID: 160 602 1253

      Password: 108629


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Robin Michelle Bradford


      Chapter 7

      Meeting ID: 160 602 1253

      Password: 108629

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Robin Michelle Bradford Represented By Larissa L Lazarus

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-12940

      Ashley Marie Michl-Betts

      Chapter 7

      #4.00

      Hrg. on approval of Reaffirmation Agreement Between Debtor and Nuvision Credit Union, in the amount of $26,492.62

      Re: 2017 Dodge Journey

      Docket 12


      Tentative Ruling:

      Tentative 8/5/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1606021253 Meeting ID: 160 602 1253

      Password: 108629


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Ashley Marie Michl-Betts


      Chapter 7

      Meeting ID: 160 602 1253

      Password: 108629

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Ashley Marie Michl-Betts Pro Se

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      10:00 AM

      6:20-13541


      Mason Robert Entrican and Qiana Lynette Dietz


      Chapter 7


      #5.00


      Hrg. on approval of Reaffirmation Agreement Between Debtor and Carmax Auto Finance, in the amount of $8,907.62


      Re: 2015 Nissan Sentra


      Docket 12


      Tentative Ruling:

      Tentative 8/5/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1606021253 Meeting ID: 160 602 1253

      Password: 108629


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Mason Robert Entrican and Qiana Lynette Dietz


      Chapter 7

      Meeting ID: 160 602 1253

      Password: 108629

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Mason Robert Entrican Represented By Daniel King

      Joint Debtor(s):

      Qiana Lynette Dietz Represented By Daniel King

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-13541

      Mason Robert Entrican and Qiana Lynette Dietz

      Chapter 7

      #5.10

      Hrg. on approval of Reaffirmation Agreement filed 7/28/20 Between Debtor and Carvana LLC, in the amount of $24,435.30

      Re: 2017 Subaru WRX

      Docket 19


      Tentative Ruling:

      Tentative 8/5/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1606021253 Meeting ID: 160 602 1253

      Password: 108629


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Mason Robert Entrican and Qiana Lynette Dietz


      Chapter 7

      Meeting ID: 160 602 1253

      Password: 108629

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Mason Robert Entrican Represented By Daniel King

      Joint Debtor(s):

      Qiana Lynette Dietz Represented By Daniel King

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-14363

      Renald F Lintong

      Chapter 7

      #6.00

      Hrg. on approval of Reaffirmation Hearing filed 7/14/20 re Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $32,352.40

      Re: 2020 Toyota Camry

      Docket 11


      Tentative Ruling:

      Tentative 8/5/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1606021253 Meeting ID: 160 602 1253

      Password: 108629


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Renald F Lintong


      Chapter 7


      Meeting ID: 160 602 1253

      Password: 108629

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Renald F Lintong Pro Se

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      1:30 PM

      6:17-13972


      Coracel Suratos Templo


      Chapter 7

      Adv#: 6:19-01162 Jimenez v. Templo


      #17.00


      STATUS CONFERENCE re Complaint by Rebecca Marie Jimenez against Coracel Suratos Templo- §§523(a)(2), 523(a)(4), 523(a)(6)


      EH         


      (Cont. from 6/24/20)


      Docket 1


      Tentative Ruling:

      Tentative for 8/5/20 is to CONTINUE to October 7, 2020 at 1:30 p.m. A status report, either unilateral or joint, is due 14 days before the continued hearing.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1610966285 Meeting ID: 161 096 6285

      Password: 862003


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      1:30 PM

      CONT...


      Coracel Suratos Templo


      Chapter 7


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 096 6285

      Password: 862003


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      *********************************************************************************** Tentative for 6/24/20 is to CONTINUE to August 5, 2020 at 1:30 p.m. A status report, either unilateral or joint, is due 14 days before the continued hearing.


      Appearances for the 6/24 hearing are excused.


      ************************************************************************************** Tentative for 4/29/20 is to CONTINUE the status conference to June 24, 2020 at 1:30 p.m. A status report, either unilateral or joint, is due 14 days before the continued hearing.


      Appearances for the 4/29 hearing are excused.


      ******************************************************************************** Tentative for 02/19/20 is to CONTINUE the status conference to April 15, 2020, and impose a $50 sanction on Plaintiff for failure to comply with applicable rules and instructions.


      This adversary was filed on November 15, 2019. A Request for Entry of Default was filed on 1/18/20 [Dk. 6]. On 1/23/20, Notice that a Default Has Not Been Entered was served on the Plaintiff [Dk. 8]. The Court notes that, as of the posting of this tentative, the docket does not reflect any further

      activity. A unilateral status report has not been filed. Thus, Plaintiff has failed

      1:30 PM

      CONT...


      Coracel Suratos Templo


      Chapter 7

      to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued November 18, 2019 [Dk. 3].


      Appearances are required.


      Debtor(s):


      Party Information

      Coracel Suratos Templo Represented By Neil R Hedtke

      Christopher Hewitt

      Defendant(s):

      Coracel Suratos Templo Pro Se

      Plaintiff(s):

      Rebecca Marie Jimenez Represented By Jeffrey G Jacobs

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:17-13972


      Coracel Suratos Templo


      Chapter 7

      Adv#: 6:19-01162 Jimenez v. Templo


      #18.00


      Hrg. on Defendant's Motion to Dismiss Adversary Proceeding for Failure to File Complaint Within Time Allowed by Law


      EH            


      Docket 31


      Tentative Ruling:

      Tentative for 8/5/20 is to DENY.


      A creditor is not barred from filing complaint to determine that debt is nondischargeable § 523(a)(2), (4), or (6) if creditor was not scheduled in time to do so before bar date, or did not have notice or actual knowledge in time to do so. In re Grant, 160 B.R. 839, 844 (Bankr. S.D. Cal. 1993); See also In re Beezley, 994 F.2d 1433, 1436 (9th Cir. 1993).


      A delay in filing the complaint, while not subject to a statutory limitation, may cause equitable considerations to be applied if actual prejudice to the defendant occurs because of a delay. The Court has no indication that such prejudice exists, and would appreciate the discussion during the hearing.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1610966285

      1:30 PM

      CONT...


      Coracel Suratos Templo


      Chapter 7

      Meeting ID: 161 096 6285

      Password: 862003

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 096 6285

      Password: 862003

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Coracel Suratos Templo Represented By Neil R Hedtke

      Christopher Hewitt

      Defendant(s):

      Coracel Suratos Templo Represented By Scott Talkov

      Plaintiff(s):

      Rebecca Marie Jimenez Represented By Jeffrey G Jacobs

      1:30 PM

      CONT...

      Trustee(s):


      Coracel Suratos Templo


      Chapter 7

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:18-17579


      Mark D. Uy


      Chapter 7

      Adv#: 6:18-01239 Virginia Bills a deceased individual, by and throu v. Uy


      #19.00


      STATUS CONFERENCE re: Complaint by Virginia Bills a deceased individual, by and through her personal representatives Joyce Stablein and Danny White against Mark D. Uy - 523(a)(6)


      EH            


      (Cont. from 5/27/20)


      Docket 1

      *** VACATED *** REASON: Order on stipulation to dismiss complaint signed on 5/26/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Mark D. Uy Represented By

      Raymond Obiamalu

      Defendant(s):

      Mark D. Uy Pro Se

      Plaintiff(s):

      Virginia Bills a deceased individual, Represented By

      Douglas A Plazak

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-13251


      David Henry Hilton, Jr.


      Chapter 7

      Adv#: 6:19-01110 Redd v. Hilton, Jr.


      #20.00


      Hrg. on Plaintiff's Motion filed 7/14/20 for Order Modifying Scheduling Order EH            

      Docket 32

      *** VACATED *** REASON: Order entered 7/27/20 granting modification of scheduling order jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      David Henry Hilton Jr. Pro Se

      Defendant(s):

      David Henry Hilton Jr. Pro Se

      Plaintiff(s):

      LaToya S Redd Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      1:30 PM

      6:19-15954


      William Horace Eisenhower


      Chapter 7

      Adv#: 6:19-01141 Friend, Jr v. Eisenhower


      #21.00


      Hrg. on Plaintiff's Motion filed 4/30/2 for Default Judgment [LBR 7055-1] (Cont. from 6/10/20)

      Docket 18


      Tentative Ruling:

      Tentative for 8/5/20 is to DENY with prejudice and DISMISS the adversary proceeding.


      Plaintiff’s amended motion filed 7/16/20 [Dk. 22] seeks a default judgment, pursuant to 11 U.S.C. § 523(a)(4), of a debt arising from Defendant’s failure to pay a $25,000.00 settlement agreement. The settlement agreement resolved a probate court action whereby Plaintiff alleged that Defendant breached his fiduciary duty against the beneficiaries of the Davis Living Trust.


      A "debt is nondischargeable under 11 U.S.C. § 523(a)(4) where 1) an express trust existed, 2) the debt was caused by fraud or defalcation, and 3) the debtor acted as a fiduciary to the creditor at the time the debt was created. In re Niles, 106 F.3d 1456, 1459 (9th Cir. 1997).


      Plaintiff’s amended motion is supported by a one and a half page declaration of Plaintiff and declaration of Plaintiff’s attorney; however, neither declaration provides evidence establishing that the $25,000.00 debt, arising from Defendant’s failure to pay amounts owed under the settlement agreement, satisfies the elements of § 523(a)(4) above. For example, there is no evidence to show that the Defendant entered into the settlement as a fiduciary of the Davis Living Trust, and that his failure to pay the settlement was caused by fraud or defalcation. Additionally, Plaintiff relies on the settlement agreement itself, which contains a no admission of liability clause.


      This Court previously denied Plaintiff's motion for default for insufficient

      1:30 PM

      CONT...


      William Horace Eisenhower


      Chapter 7

      evidence without prejudice and allowed the Plaintiff the opportunity to file an amended motion (see below tentative). However, Plaintiff still fails to provide evidence showing that Defendant engaged in fraud or defalcation while acting in a fiduciary capacity sufficient to warrant the granting of a default motion pursuant to 11 U.S.C. § 523(a)(4).


      Where a plaintiff cannot prove his entitlement to default judgment relief under any circumstances, the court may deny a motion for default judgment and dismiss the adversary proceeding. Salzman v. Watson (In re Moll), Bankr.

      LEXIS 3877, *22-23 (Bank. C.D. 2019). See also Quarre v. Saylor (In re Saylor), 178 B.R. 209, 215 (B.A.P. 9th Cir. 1995); Cashco Fin. Servs. v.

      McGee (In re McGee), 359 B.R. 764, 769 (B.A.P 9th Cir. 2006).


      Absent a showing by Plaintiff of any circumstance which would entitle Plaintiff to a default judgment, the Court is inclined to DENY with prejudice and DISMISS this adversary proceeding.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1610966285 Meeting ID: 161 096 6285

      Password: 862003

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      1:30 PM

      CONT...

      William Horace Eisenhower

      Chapter 7

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 096 6285


      Password: 862003


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      ************************************************************************************* Tentative for 6/10/20 is to DENY without prejudice and CONTINUE to August 5, 2020 at 1:30 p.m. for the purposes of allowing Plaintiff to file an Amended Motion, as set forth below. No appearance is required for the 6/10 hearing.


      Plaintiff seeks a default judgment pursuant to 11 U.S.C. § 523(a)(4). Plaintiff alleges Defendant’s breached a $25,000.00 settlement which resolved a state court action pertaining to (1) accounting; (2) claim by trustee against third party in possession; (3) constructive trust; and (4) equitable lien.


      Plaintiff alleges that "[a]t all material times from and after May, 2016, defendant committed a breach of fiduciary duty against the beneficiaries of the Davis Living Trust" but does not provide sufficient evidence to support his claim under 11 U.S.C. § 523(a)(4). The Complaint consists of only four operative paragraphs.


      "Entry of a default by the bankruptcy court clerk does not automatically entitle a plaintiff to entry of a default judgment." In re Villegas, 132 B.R. 742, 746 (B.A.P. 9th Cir. 1991). The court has wide discretion under Rule 55 to consider whether the evidence presented in support of a claim warrants default judgment for the plaintiff. In re Beltran, 182 B.R. 820, 823–24 (B.A.P. 9th Cir. 1995).

      1:30 PM

      CONT...


      William Horace Eisenhower


      Chapter 7

      Plaintiff’s support for the Motion consists of the Complaint and the Settlement Agreement attached to it which contains a "No Admission Regarding Liability" provision. Plaintiff fails to provide any facts from which the Court may find a basis for Plaintiff’s allegation that Defendant engaged in fraud or defalcation while acting in a fiduciary capacity sufficient to warrant the granting of a default motion pursuant to 11 U.S.C. § 523(a)(4).


      Plaintiff’s Motion further fails to provide any support for the claim that Plaintiff is entitled to attorney’s fees for any amount for the contract that was sued upon in the state court action.


      Accordingly, the Motion is DENIED without prejudice. The hearing shall be continued to August 5, 2020 at 1:30 p.m. Plaintiff is to file an amended motion for default judgment by no later than July 15, 2020. Plaintiff is to lodge an order within 7 days of this hearing.


      Appearances are excused.


      Party Information

      Debtor(s):

      William Horace Eisenhower Represented By Alon Darvish

      Defendant(s):

      William Horace Eisenhower Pro Se

      Plaintiff(s):

      Robert M Friend Jr Represented By Aaron F Garcia

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-15954


      William Horace Eisenhower


      Chapter 7

      Adv#: 6:19-01141 Friend, Jr v. Eisenhower


      #22.00


      STATUS CONFERENCE re: Complaint by Robert M Friend Jr against William Horace Eisenhower - 523(a)(4)


      EH            


      (Cont. from 6/24/20)


      Docket 1


      Tentative Ruling:

      Tentative for 8/5/20:


      In light of the tentative on related matter #21, this status conference will be taken off calendar.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1610966285 Meeting ID: 161 096 6285

      Password: 862003


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

      1:30 PM

      CONT...


      William Horace Eisenhower


      Chapter 7

      audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 096 6285

      Password: 862003


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      **************************************************************************************** Tentative for 6/24/20 is to CONTINUE to August 5, 2020 at 1:30 p.m., concurrent with the continued hearing on Plaintiff's motion for default judgment. A status report is not required.


      Appearances for the 6/24 hearing are excused.


      ************************************************************************************** Tentative for 4/1/20 is to CONTINUE to June 24, 2020 at 1:30 p.m. If the adversary has not been otherwise resolved, a status report (whether unilateral or joint) is due 14 days before the continued status conference.

      Plaintiff is to file a motion for default judgment by no later than April 30, 2020. Appearances for the 4/1 hearing are excused.

      Party Information

      Debtor(s):

      William Horace Eisenhower Represented By Alon Darvish

      1:30 PM

      CONT...


      William Horace Eisenhower


      Chapter 7

      Defendant(s):

      William Horace Eisenhower Pro Se

      Plaintiff(s):

      Robert M Friend Jr Represented By Aaron F Garcia

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      1:30 PM

      6:19-19296


      John Paul Salvador


      Chapter 7

      Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


      #23.00


      STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


      (Cont. from 6/24/20 by Another Summons Issued on 6/8/20)


      Docket 1


      Tentative Ruling:

      Tentative for 8/5/20 is to CONTINUE to October 7, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Appearances for the 8/5 hearing are excused.


      Party Information

      Debtor(s):

      John Paul Salvador Pro Se

      Defendant(s):

      United States Department of Justice Pro Se Internal Revenue Service Pro Se

      United States Attorney Central Pro Se

      Plaintiff(s):

      John Paul Salvador Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:19-19296


      John Paul Salvador


      Chapter 7

      Adv#: 6:20-01011 Salvador v. US Department of Education et al


      #24.00


      STATUS CONFERENCE re: Complaint by John Paul Salvador against US Department of Education § 523(a)(8)


      (Cont. from 6/24/20 by Another Summons Issued on 6/8/20) EH            

      Docket 1

      *** VACATED *** REASON: Voluntary Dismissal filed 7/27/20 Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      John Paul Salvador Pro Se

      Defendant(s):

      US Department of Education Pro Se

      National Credit Services Pro Se

      Plaintiff(s):

      John Paul Salvador Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      1:30 PM

      6:19-19414


      Jacob Dorsten


      Chapter 7

      Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial v. Dorsten


      #25.00


      Hrg. on Plaintiff's Amended Motion for Default Judgment


      (Cont. from 5/27/20)


      Docket 21


      Tentative Ruling:

      Tentative for 8/5/20 is to CONTINUE to September 2, 2020, to allow Plaintiff to refile a properly authenticated legible Retail Installment Sale Contract, which is attached as Exhibit C to the Declaration of Mathew Kane [Dk. 37]. Additionally, Plaintiff should supplement the Declaration of Mathew Kane to explain how Exhibit C came into Plaintiff's possession, and the extent of Plaintiff's personal knowledge of the document.


      Plaintiff must complete the foregoing by no later than August 19, 2020. Appearances for the 8/5 hearing are excused.

      *************************************************************************************** Tentative for 5/27/20 is to DENY without prejudice.


      Plaintiff seeks a default judgment pursuant to 11 U.S.C. § 523(a)(6) for Defendant’s alleged willful and malicious conduct in connection with a vehicle loan from Plaintiff's predecessor for a 2014 Hyundai Accent, secured by a first priority lien. Plaintiff alleges that Defendant conspired with his father (who allegedly owns a tow business) to conduct a lien sale of the Vehicle, thereby depriving the Plaintiff of its security.


      Notwithstanding the foregoing, Plaintiff does not provide sufficient evidence to support its claim under 11 U.S.C. § 523(a)(6).


      "Entry of a default by the bankruptcy court clerk does not automatically entitle

      1:30 PM

      CONT...


      Jacob Dorsten


      Chapter 7

      a plaintiff to entry of a default judgment." In re Villegas, 132 B.R. 742, 746 (B.A.P. 9th Cir. 1991). The court has wide discretion under Rule 55 to consider whether the evidence presented in support of a claim warrants default judgment for the plaintiff. In re Beltran, 182 B.R. 820, 823–24 (9th Cir. BAP 1995). The Ninth Circuit has held that "[a]n intentional breach of contract is excepted from discharge under § 523(a)(6) only when it is accompanied by malicious and willful tortious conduct." In re Jercich, 238 F.3d 1202, 1206 (9th Cir. 2001).


      Plaintiff's evidence consists of the Declaration of Matthew Kane filed April 29, 2020 [Dk. 23], in which Mr. Kane testifies at ¶9 "upon information and belief" as to an alleged conspiracy to conduct the lien sale and deprive Plaintiff of its security. By its very terms, this testimony lacks personal knowledge. Plaintiff also relies on ¶10 of Mr. Kane's declaration, which describes Defendant's testimony at his §341 a meeting of creditors and the statements contained in Defendant's petition, which simply provide Defendant's position as to what happened to the Vehicle. In ¶10, Mr. Kane states that he "believes" the foregoing statements are false, and "made with the intent to cause willful and malicious injury to Plaintiff by further concealing the truth of the lien sale that occurred with respect to the Vehicle." However, no facts are provided from which the Court may find a basis for Plaintiff's "belief" and which demonstrate that Defendant engaged in willful and malicious conduct sufficient to warrant the granting of a default judgment pursuant to § 523(a)(2)(6). Accordingly, the Motion is DENIED without prejudice.


      Plaintiff is to file an amended motion for default judgment by no later than July 3, 2020. Plaintiff may use the procedures in the local rules to have it determined without a hearing, or set it for hearing, utilizing the Court's self- calendaring procedures (available on the Court's website), at Plaintiff's election.


      The status conference currently set for June 10, 2020 shall be CONTINUED to August 5, 2020 at 1:30 p.m.


      Plaintiff is to lodge an order within 7 days of this hearing.


      Telephonic appearances are required. The courtroom will be locked; parties

      1:30 PM

      CONT...


      Jacob Dorsten


      Chapter 7

      must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


      The Parties are reminded to have all relevant filings/information easily accessible during the hearing.

      Party Information

      Debtor(s):

      Jacob Dorsten Represented By David L Nelson

      Defendant(s):

      Jacob Dorsten Pro Se

      Plaintiff(s):

      HLS of Nevada, LLC d.b.a. Nevada Represented By

      Nathan F Smith Kelli M Brown

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      6:19-19414


      Jacob Dorsten


      Chapter 7

      Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten


      #26.00


      STATUS CONFERENCE re: Complaint by HLS of Nevada, LLC d.b.a. Nevada West Financial, a Nevada limited liability company against Jacob Dorsten - § 523(a)(6)


      EH            


      (Cont. from 6/10/20)


      Docket 1


      Tentative Ruling:

      Tentative for 8/5/20 is to CONTINUE to September 2, 2020, to be heard concurrently with the continued hearing on Plaintiff's amended motion for default judgment.


      Appearances for the 8/5 hearing are excused.


      *************************************************************************************** Tentative for 4/15/20 is to CONTINUE this status conference to June 10, 2020 at 1:30 p.m. A status report (either unilateral or joint) is due 14 days before the hearing.


      A Request for Entry of Default was filed on 3/12/20 [Dk. 14]. On 3/13/20, Notice that a Default Has Not Been Entered was served on the Plaintiff [Dk. 15]. The Court notes that, as of the posting of this tentative, the docket does not reflect any further activity. Plaintiff should file a motion for default judgment by no later than 5/1/20.


      The Court notes that a unilateral status report has not been filed. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued 1/24/20 [Dk. 4]. Plaintiff is cautioned that future non-compliance with

      1:30 PM

      CONT...


      Jacob Dorsten


      Chapter 7

      applicable LBRs and/or court instructions may result in the imposition of monetary or non-monetary sanctions.


      Appearances for the 4/15 hearing are excused.

      Party Information

      Debtor(s):

      Jacob Dorsten Represented By David L Nelson

      Defendant(s):

      Jacob Dorsten Pro Se

      Plaintiff(s):

      HLS of Nevada, LLC d.b.a. Nevada Represented By

      Nathan F Smith

      Trustee(s):

      Steven M Speier (TR) Pro Se

      11:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #7.00


      CONT'D Hearing RE: Application For Order To Appear And Examination RE:

      Enforcement Of Judgment - Third Party - Ming Jun Chen (Application filed 3/9/2020)


      FR: 5-27-20


      Docket 42


      Tentative Ruling:

      Tentative for 8/05/20:


      The Court is unable to verify service of (1) the Application and Order for Appearance and Examination - Enforcement of Judgment to Ming Jun Chen entered March 9, 2020 [Dk. 43] and (2) the Order Continuing Hearing and Requiring Appearance of Third Parties entered April 22, 2020 [Dk. 48], which required personal service upon the third party, Ming Jun Chen.


      Appearances required in Courtroom 5C.


      Please be advised that all parties must wear masks at all times and should arrive at the Court approximately 20 to 30 minutes early to ensure sufficient time to go through screening and security.

      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      11:00 AM

      CONT...

      Movant(s):


      Ali Shah


      Chapter 7

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut Harold C Klaskin

      Plaintiff(s):

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut Harold C Klaskin

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Stephen Kent Ehat Represented By David L Amkraut

      Trustee(s):

      James J Joseph (TR) Pro Se

      11:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #8.00


      CONT'D Hearing RE: Application For Order To Appear And Examination RE:

      Enforcement Of Judgment - Third Party - Ping Hsuan Li (Application filed 3/9/2020)


      FR: 5-27-20


      Docket 39


      Tentative Ruling:

      Tentative for 8/05/20:


      The Court is unable to verify proper service upon the third party, Ping Hsuan Li.


      The Application and Order for Appearance and Examination - Enforcement of Judgment to Ping Hsuan Li, was entered March 9, 2020 [Dk. 40] and the docket reflects personal service of this Order (see, POS filed 6/8/20 [Dk.

      57] ).


      The Court continued the examination, however, by its Order Continuing Hearing and Requiring Appearance of Third Parties entered April 22, 2020 [Dk. 48] and specifically required personal service of the April 22, 2020 order as follows:


      Judgment creditor shall personally serve this order, in accordance with Cal. Civ. Proc. Code § 708.120 and no later than 21 days prior to the continued hearing date, on the following third parties: Ariana Shah Blenkers (aka Ariana Blenkers), Ping Hsuan Li, and Ming Jen Chen. A proof of service must be filed with the court no later than 7 days before the continued hearing date.


      The docket indicates that the April 22, 2020 order, which required personal

      11:00 AM

      CONT...


      Ali Shah


      Chapter 7

      service, was served by mail (see, POS filed 7/14/20 [Dk. 58]). Appearances required in Courtroom 5C.

      Please be advised that all parties must wear masks at all times and should arrive at the Court approximately 20 to 30 minutes early to ensure sufficient time to go through screening and security.

      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      Movant(s):

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut Harold C Klaskin

      Plaintiff(s):

      Stephen Kent Ehat Represented By David L Amkraut

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut Harold C Klaskin

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By

      11:00 AM

      CONT...


      Ali Shah


      Stephen Kent Ehat David L Amkraut


      Chapter 7

      Paul Kessler Represented By

      Stephen Kent Ehat David L Amkraut

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Trustee(s):

      James J Joseph (TR) Pro Se

      11:00 AM

      8:09-15954


      Ali Shah


      Chapter 7

      Adv#: 8:09-01725 Sutton et al v. Shah


      #9.00


      CONT'D Hearing RE: Application For Order To Appear And Examination RE: Enforcement Of Judgment - Third Party - Ariana Shah Blenkers aka Ariana Blenkers

      (Application filed 3/9/2020) FR: 5-27-20


      Docket 37


      Tentative Ruling:

      Tentative for 8/05/20:


      The Court is unable to verify proper service upon the third party, Ariana Shah Blenkers aka Ariana Blenkers.


      The Application and Order for Appearance and Examination - Enforcement of Judgment to Ariana Shah Blenkers aka Ariana Blenkers, was entered March 9, 2020 [Dk. 37]. The docket does not reflect service of this Order.


      The Court continued the examination by its Order Continuing Hearing and Requiring Appearance of Third Parties entered April 22, 2020 [Dk. 48] and specifically required personal service of the April 22, 2020 order as follows:


      Judgment creditor shall personally serve this order, in accordance with Cal. Civ. Proc. Code § 708.120 and no later than 21 days prior to the continued hearing date, on the following third parties: Ariana Shah Blenkers (aka Ariana Blenkers), Ping Hsuan Li, and Ming Jen Chen. A proof of service must be filed with the court no later than 7 days before the continued hearing date.


      The docket indicates that the April 22, 2020 order, which required personal service, was served by mail (see, POS filed 7/14/20 [Dk. 58]).

      11:00 AM

      CONT...


      Ali Shah


      Chapter 7


      Appearances required in Courtroom 5C.


      Please be advised that all parties must wear masks at all times and should arrive at the Court approximately 20 to 30 minutes early to ensure sufficient time to go through screening and security.


      Party Information

      Debtor(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

      Defendant(s):

      Ali Shah Represented By

      Stephen L Burns - DISBARRED -

      Plaintiff(s):

      Stephen Kent Ehat Represented By David L Amkraut

      Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut Harold C Klaskin

      Mark Klein Represented By

      Stephen Kent Ehat David L Amkraut

      Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

      Paul Kessler Represented By

      Stephen Kent Ehat

      11:00 AM

      CONT...


      Ali Shah


      David L Amkraut


      Chapter 7

      Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

      Stephen Kent Represented By

      Stephen Kent Ehat

      Trustee(s):

      James J Joseph (TR) Pro Se

      11:00 AM

      8:18-10548


      Lenore LuAnn Albert-Sheridan


      Chapter 7

      Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


      #10.00


      Hearing RE: Motion To Strike Documents No. 8, 9, 10. 11. 12 and 13 From The Record And Issue An OSC Why Nira Woods Should Not Be Sanctioned (Motion filed 7/7/2020)


      Docket 14

      *** VACATED *** REASON: CONTINUED TO AUGUST 19, 2020 AT 10:00 A.M. PER ORDER (1) SETTING HEARING ON MOTION TO DISMISS AND (2) CONTINUING HEARING ON MOTION TO STRIKE ENTERED 7-22-2020 (DOCKET NO. [26])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Defendant(s):

      Maricruz Farfan Pro Se

      Timothy Byer, Esq Pro Se

      State Bar Of California Pro Se

      Nira Woods Pro Se

      Devin Lucas, Esq Pro Se

      Plaintiff(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

      11:00 AM

      CONT...


      Lenore LuAnn Albert-Sheridan


      Aaron E de Leest Sonia Singh


      Chapter 7

      11:00 AM

      8:18-10548


      Lenore LuAnn Albert-Sheridan


      Chapter 7

      Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


      #11.00


      Hearing RE: State Bar Defendants' Motion For Stay Until Resolution Of Appeal In Related Case; Motion To Dismiss In The Alternative

      (Motion filed 7/8/2020)


      Docket 16

      *** VACATED *** REASON: OFF CALENDAR - PER ORDER STAYING PROCEEDING, VACATING HEARING AND SETTING STATUS CONFERENCE ENTERED 7-24-2020 (DOCKET NO. [31])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Defendant(s):

      Maricruz Farfan Represented By Suzanne C Grandt

      Timothy Byer, Esq Represented By Suzanne C Grandt

      State Bar Of California Represented By Suzanne C Grandt

      Nira Woods Pro Se

      Devin Lucas, Esq Pro Se

      Plaintiff(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Trustee(s):

      Jeffrey I Golden (TR) Represented By

      11:00 AM

      CONT...


      Lenore LuAnn Albert-Sheridan


      Jonathan A. Michaels Eric P Israel

      Aaron E de Leest Sonia Singh


      Chapter 7

      11:00 AM

      8:18-13588


      Tim M McKenna


      Chapter 7

      Adv#: 8:19-01176 Golden v. Caufield et al


      #12.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint for Judgment:

      1. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);

      2. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);

      3. Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And

      4. Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)

      (Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)


      FR: 11-19-19; 5-27-20


      Docket 20

      *** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION TO AMEND SCHEDULING ORDER ENTERED 5-20-2020 (DOCKET NO. [30])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Tim M McKenna Represented By Michael G Spector

      Defendant(s):

      Jason Caufield Represented By Tyler H Brown

      Plaintiff(s):

      Jeffrey I. Golden Represented By Reem J Bello Ryan W Beall

      11:00 AM

      CONT...

      Trustee(s):


      Tim M McKenna


      Chapter 7

      Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

      11:00 AM

      8:19-10153


      Thomas Joseph Lynch, JR


      Chapter 7

      Adv#: 8:19-01069 OC West, LLC et al v. Lynch


      #13.00


      Hearing RE: Plaintiffs OC West, LLC, Liberty Financial USA, LLC, And Liberty Debt Solution, LLC's Motion For Reconsideration Of Order Denying Motion For Summary Judgment

      (Motion filed 7/1/2020)


      Docket 90


      Tentative Ruling:

      Tentative for 8/5/20 is to DENY.


      Plaintiffs move for reconsideration of the Order Denying Motion for Summary Judgment entered 5/20/20 [Dk. 84] on the basis that the order was entered without the consideration of supplemental evidence they sought to include in a brief ("Supplement") that was never docketed and labeled as a "Reply" despite the fact that it was not an actual reply, but rather a supplement to the originally filed motion. By way of the motion for reconsideration ("Motion"), Plaintiffs argues that the unfiled Supplement should be considered under FRCP 60(b)(1) or (6).


      LBR 9013-1(g), incorporated by 7056-1(a), requires that a reply respond directly to opposition document. As repeatedly pointed out by Plaintiffs, an opposition to Plaintiff’s motion for summary judgment was not filed in this case (as the Court denied Defendant's motion to enlarge the time to file an opposition). While LBR 7056-1(g) states that lack of opposition is not deemed consent to a motion for summary judgment, the Court also notes that if the Plaintiffs had timely submitted a reply on the docket, it would not have been in response to an opposition. Therefore, any reply submitted by Plaintiffs would have been submitted in violation of the LBRs.


      Plaintiffs have failed to meet their burden for relief under FRCP 60(b)(1). To determine whether an action constitutes excusable neglect under Rule 60(b) (1), courts must apply a four-factor equitable test, (1) the danger of prejudice

      11:00 AM

      CONT...


      Thomas Joseph Lynch, JR


      Chapter 7

      to the opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) the reason for the delay, including whether it was within reasonable control of movant; and (4) whether the movant acted in good faith. Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993). Although a finding of excusable neglect is an equitable determination, the party seeking a reprieve has a high threshold to meet. Toshiba Am. Info. Sys., Inc. v. New England Tech., Inc., No. SACV 05-00955-CJC, 2007 WL 8089815, at *2 (C.D. Cal. 2007).


      In this case, the Pioneer factors weigh against a finding of excusable neglect: the prejudice to the Debtor is high, the 49 day delay from the alleged filing of the Supplement is unreasonable, and Plaintiffs’ delay was entirely in its own control. Plaintiffs never notified the Court of their filing issue, the Court’s procedures had not changed since the filing of Plaintiffs’ Motion, and that Plaintiffs’ own Motion states that it has been operating without electronic credentials for at least four months.


      Plaintiffs also fail to meet their burden to show that there is a "reason that justifies relief," pursuant to FRCP 60(b)(6). Rule 60(b)(6) is intended to be "used sparingly as an equitable remedy to prevent manifest injustice," and a party seeking relief therein bears the burden to "demonstrate both injury and circumstances beyond his control." Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1103 (9th Cir. 2006).


      Plaintiffs do not demonstrate that extraordinary circumstances prevented them from taking timely action here, or otherwise demonstrate that circumstances beyond their control prevented them from properly filing their Supplement.


      Additionally, Plaintiffs attempt to provide new evidence is unfounded. To qualify as newly discovered evidence under Rule 9023, Plaintiffs would need to demonstrate: "(1) the evidence was discovered after trial, (2) the exercise of due diligence would not have resulted in the evidence being discovered at an earlier stage and (3) the newly discovered evidence is of such magnitude that production of it earlier would likely have changed the outcome of the case." In re Bauman, No. 3:17-BK-06250, 2020 WL 1899557, at *11 (B.A.P.

      9th Cir. 2020).

      11:00 AM

      CONT...


      Thomas Joseph Lynch, JR


      Chapter 7


      None of the additional evidence provided in the Motion or Supplement meet the requirements set forth above, and more importantly, even if admitted, none of the evidence squarely resolves the issues of material fact that the Court identified in its Order. Therefore, the Court is inclined to DENY the Motion.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1606560617 Meeting ID: 160 656 0617

      Password: 001145

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 656 0617

      Password: 001145

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

      11:00 AM

      CONT...

      Thomas Joseph Lynch, JR

      Chapter 7

      Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

      Party Information

      Debtor(s):

      Thomas Joseph Lynch JR Pro Se

      Defendant(s):

      Thomas Joseph Lynch Pro Se

      Plaintiff(s):

      OC West, LLC Represented By James J Orland

      Liberty Financial USA, LLC Represented By James J Orland

      Liberty Debt Solution, LLC Represented By James J Orland

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:19-10153


      Thomas Joseph Lynch, JR


      Chapter 7

      Adv#: 8:19-01069 OC West, LLC et al v. Lynch


      #13.10


      CONT'D PRE-TRIAL CONFERENCE RE: First Amended Complaint For:

      1. Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6);

      2. Denial Of Discharge Pursuant To: 11 U.S.C. Sections 727(a)(2)(A), 727(a) (2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), 727(a)(5), and 727(a)(12)(B); And

      3. Unfair, Unlawful And Fraudulent Business Practice California Business And Professional Code Section 17200 et seq.


        (Complaint filed 4/17/19)

        (First Amended Complaint filed 8/13/19) (PTC set at S/C held 10/2/19)


        FR: 7-3-19; 7-17-19; 10-2-19; 6-10-20; 7-15-20


        Docket 1


        Tentative Ruling:

        Tentative for 8/5/20 is to CONTINUE to October 7, 2020 at 11:00 a.m.


        Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


        Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


        Videoconference URL: https://cacb.zoomgov.com/j/1606560617 Meeting ID: 160 656 0617

        11:00 AM

        CONT...


        Thomas Joseph Lynch, JR


        Chapter 7

        Password: 001145

        If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

        Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

        Meeting ID: 160 656 0617

        Password: 001145


        For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


        Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


        ********************************************************************************* Tentative for 7/15/20 is to CONTINUE to August 5, 2020 at 11:00 a.m., to be heard concurrently with the hearing on Plaintiff's Motion for Reconsideration [Dk. 90].


        As of the posting of this tentative, the parties have not filed a pretrial stipulation in compliance with the requirements of LBR 7016-1(b). If the parties fail to comply with applicable rules and instructions in the future, the Court may impose monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


        Appearances for 7/15 hearing are excused.


        **************************************************************************************** Tentative for 10/02/19:

        11:00 AM

        CONT...


        Thomas Joseph Lynch, JR


        Chapter 7

        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: March 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: April 24, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: June 10, 2020.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days. Appearances are required.

      **************************************************************************** Tentative for 7/3/19:


      This matter is CONTINUED to July 17, 2019 at 10:00 a.m. to coincide with the hearing on the motion to dismiss. A status report is not required for this continued status conference.


      Appearances are excused.


      Debtor(s):


      Party Information

      Thomas Joseph Lynch JR Pro Se

      Defendant(s):

      Thomas Joseph Lynch Pro Se

      Plaintiff(s):

      OC West, LLC Represented By

      11:00 AM

      CONT...


      Thomas Joseph Lynch, JR


      James J Orland


      Chapter 7

      Liberty Financial USA, LLC Represented By James J Orland

      Liberty Debt Solution, LLC Represented By James J Orland

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:19-12414


      Charles S Zahedi


      Chapter 7

      Adv#: 8:19-01198 Moersch v. Zahedi


      #14.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt:

      1. False Pretenses, False Representation, Fraud [11 U.S.C. Section 523(a)(2)(A)]

      2. Wilful And Malicious Injury [11 U.S.C. Section 523(a)(6)] (Complaint filed 9/30/19)

        (PTC set at S/C held 12/18/19) FR: 12-18-19; 7-1-20


        Docket 1

        *** VACATED *** REASON: CONTINUED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER AMENDED ORDER APPROVING STIPULATION OF THE PARTIES TO CONTINUE PRE-TRIAL CONFERENCE ENTERED 8

        -3-2020 - (DOCKET NO. [30])

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Charles S Zahedi Represented By

        Catherine Christiansen Fritz J Firman

        Defendant(s):

        Charles S Zahedi Represented By Fritz J Firman

        Plaintiff(s):

        Carlo Moersch Represented By Jeffrey D Schreiber

        11:00 AM

        CONT...

        Trustee(s):


        Charles S Zahedi


        Chapter 7

        Richard A Marshack (TR) Pro Se

        11:00 AM

        8:19-13118


        Joshua Olivo and Mai-uyen Olivo


        Chapter 7


        #15.00


        Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

        (Final Report filed 6/11/2020)


        [RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $1,171.33; Expenses: $270.90]


        Docket 34


        Tentative Ruling:

        Tentative for 8/5/20 is to APPROVE as requested.


        Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.


        Trustee to lodge an order within seven (7) days.

        .

        Party Information

        Debtor(s):

        Joshua Olivo Represented By

        Yoon O Ham

        Joint Debtor(s):

        Mai-uyen Olivo Represented By Yoon O Ham

        Trustee(s):

        Karen S Naylor (TR) Pro Se

        11:00 AM

        8:20-10238


        Taylor Robinson Pollei


        Chapter 7

        Adv#: 8:20-01070 Crowley v. Pollei


        #16.00


        STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Sections 523(a)(2)(A) And 523(a)(6) (Complaint filed 5/1/2020)

        (First Amended Complaint filed 7/15/2020)


        Docket 14


        Tentative Ruling:

        Tentative for 8/5/20:


        The Court is inclined to set the following dates/deadlines:


        1. Discovery cutoff: February 26, 20201. Note: this is the date by which all discovery motions must be heard and resolved.


        2. Motion cutoff: April 16, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


        3. Pretrial conference: May 12, 2021 at 11:00 a.m.


          The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


          Plaintiff is to lodge a scheduling order within seven (7) days.


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

          11:00 AM

          CONT...


          Taylor Robinson Pollei


          Chapter 7


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

          Videoconference URL: https://cacb.zoomgov.com/j/1606560617 Meeting ID: 160 656 0617

          Password: 001145

          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          Meeting ID: 160 656 0617

          Password: 001145

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

          Party Information

          Debtor(s):

          Taylor Robinson Pollei Represented By Jeffrey B Smith

          Defendant(s):

          Taylor Robinson Pollei Represented By

          11:00 AM

          CONT...

          Taylor Robinson Pollei

          Jeffrey B Smith

          Chapter 7

          Joint Debtor(s):

          Amber Lee Pollei Represented By Jeffrey B Smith

          Plaintiff(s):

          Maureen E. Crowley Represented By Brett Ramsaur

          Trustee(s):

          Weneta M Kosmala (TR) Pro Se

          10:00 AM

          8:18-12384

          Eric Abraham Sandoval

          Chapter 7

          #1.00


          Motion for relief from stay [Personal Property]


          Americredit Financial Services, Inc., dba GM Financial vs. DEBTOR (Motion filed 6/23/2020)


          [RE: 2017 Cadillac XT5 - VIN No.: 1GYKNCRS0HZ300137]


          Docket 51


          Tentative Ruling:

          Tentative for 8/6/20:


          Grant pursuant to 11 U.S.C. § 362(d)(1). The request for a 4001(a)(3) waiver is denied.


          Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


          The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


          Movant to lodge an order within seven (7) days.

          Party Information

          Debtor(s):

          Eric Abraham Sandoval Represented By Donald A Green

          Movant(s):

          10:00 AM

          CONT...


          Eric Abraham Sandoval


          Chapter 7

          AmeriCredit Financial Services, Inc. Represented By

          Sheryl K Ith

          Trustee(s):

          Jeffrey I Golden (TR) Pro Se

          11:00 AM

          8:19-11889


          Invensure Insurance Brokers, Inc.


          Chapter 11


          #2.00


          Hearing RE: First And Final Fee Application For Compensation And Allowance Of Professional Fees and Costs For The Period From May 16, 2019 Through May 31, 2020

          (Application filed 7/16/2020


          [RE: FREEMAN, FREEMAN & SMILEY, LLP - Attorneys For Debtor] [Fees: $326,482.25; Expenses: $3,554.16]


          Docket 313


          Tentative Ruling:

          Tentative for 8/6/20 is to APPROVE.


          Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


          The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


          Movant to lodge an order within seven (7) days.


          Party Information

          Debtor(s):

          Invensure Insurance Brokers, Inc. Represented By

          Carol Chow

          11:00 AM

          8:19-13728


          Thompson National Properties, LLC


          Chapter 11


          #3.00


          CONT'D Hearing RE: Motion For Order Approving Disclosure Statement Describing Chapter 11 Plan Proposed By The Debtor

          (D.S. filed 2/12/20) (Motion filed 2/27/20)


          FR: 5-7-20


          Docket 102

          *** VACATED *** REASON: CONTINUED TO AUGUST 6, 2020 AT 11:00 A.M. PER ORDER RE STIPULATION TO CONTINUE HEARING AND RELATED DEADLINES RE: MOTION TO APPROVE DISCLOSURE STATEMENT ENTERED 7-17-2020 - (DOCKET NO. [248])

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Thompson National Properties, LLC Represented By

          Leonard M Shulman

          Movant(s):

          Thompson National Properties, LLC Represented By

          Leonard M Shulman Leonard M Shulman

          11:00 AM

          8:19-13728


          Thompson National Properties, LLC


          Chapter 11


          #4.00


          CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

          (Petition filed 9/26/19)


          FR: 11-21-19; 1-9-20; 4-16-20


          Docket 5

          *** VACATED *** REASON: CONTINUED TO AUGUST 20, 2020 AT 11:00 A.M. PER ORDER RE: STIPULATION tO CONTINUE HEARING ENTERED 8-3-2020 - [DOCKET NO. [262])

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Thompson National Properties, LLC Represented By

          Leonard M Shulman

          11:00 AM

          8:19-13728


          Thompson National Properties, LLC


          Chapter 11


          #5.00


          CONT'D Hearing RE: Motion Of Cohen & Burnett To Convert Chapter 11 Case To Chapter 7, Or In The Alternative Appointment Of A Chapter 11 Trustee Or Examiner

          (Motion filed 6/25/2020) FR: 7-16-20

          Docket 223

          *** VACATED *** REASON: CONTINUED TO AUGUST 20, 2020 AT 11:00 A.M. PER ORDER RE: STIPULATION tO CONTINUE HEARING ENTERED 8-3-2020 - [DOCKET NO. [262])

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Thompson National Properties, LLC Represented By

          Leonard M Shulman

          Movant(s):

          Cohen & Burnett Represented By Alan I Nahmias Scott H Noskin

          11:00 AM

          8:19-13930


          Jonathan James Lagman and Samantha Page Lagman


          Chapter 11


          #6.00


          Hearing RE: Final Fee Application For Allowance Of Professional Fees And Costs For The Period From October 7, 2019 Through And Including June 12, 2020

          (Application filed 7/7/2020)


          [RE: M. JONES AND ASSOCIATES - Attorneys For Debtors] [Fees: $14,355.00; Expenses: $500.00]


          [Tele. appr., Michael Jones, repr., Jonathan James Lagman and Samantha Page Lagman (Debtors)


          Docket 82


          Tentative Ruling:

          Tentative for 8/6/20 is to APPROVE.


          Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


          The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


          Movant to lodge an order within seven (7) days.

          Party Information

          Debtor(s):

          Jonathan James Lagman Represented By Michael Jones

          11:00 AM

          CONT...


          Jonathan James Lagman and Samantha Page Lagman

          Sara Tidd


          Chapter 11

          Joint Debtor(s):

          Samantha Page Lagman Represented By Michael Jones Sara Tidd

          11:00 AM

          8:20-11339


          Rockport Development, Inc.


          Chapter 11


          #7.00


          Motion for relief from stay [Real Property]


          Anchor Loans, LP vs. DEBTOR (Motion filed 7/15/2020)


          [RE: 12416 Allin Street, Los Angeles, CA 90066] [Tele. appr., Glenn C. Kelble, repr., Anchor Loans, LP]

          Docket 153


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1609802156 Meeting ID: 160 980 2156

          Password: 959732


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

          11:00 AM

          CONT...


          Rockport Development, Inc.


          Chapter 11


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          Meeting ID: 160 980 2156

          Password: 959732

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

          Party Information

          Debtor(s):

          Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

          11:00 AM

          8:20-11339

          Rockport Development, Inc.

          Chapter 11

          #8.00


          Motion for relief from stay [Real Property]


          Anchor Loans, LP vs. DEBTOR (Motion filed 7/15/2020)


          [RE: 3500 Moore Street, Los Angeles, CA 90066]


          Docket 154


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1609802156 Meeting ID: 160 980 2156

          Password: 959732


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          11:00 AM

          CONT...


          Rockport Development, Inc.


          Chapter 11


          Meeting ID: 160 980 2156

          Password: 959732

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

          Party Information

          Debtor(s):

          Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

          1:00 PM

          8:18-13588

          Tim M McKenna

          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna

          #9.00

          Hearing RE: Evidentiary Objections To Direct Examination Testimony Of Michelle Nelson

          (Motion filed 7/21/2020)

          Docket 66


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


          Meeting ID: 161 282 1921

          1:00 PM

          CONT...


          Tim M McKenna


          Chapter 7


          Password: 263772

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          1:00 PM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #10.00


          Hearing RE: Plaintiff Law Offices Of Michelle J. Sukhov, Inc.'s Demand That Defendant Tim M. McKenna Lodge Original Transcript Of The 341(a) Creditors Meeting For Trial

          (Motion filed 7/21/2020)


          Docket 85


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          1:00 PM

          CONT...


          Tim M McKenna


          Chapter 7

          Meeting ID: 161 282 1921

          Password: 263772

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          1:00 PM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #11.00


          Hearing RE: Plaintiff Law Offices Of Michelle J. Sukhov, Inc.'s Evidentiary Objections To The Trial Declaration Of Tim M. McKenna

          (Motion filed 7/21/2020)


          Docket 71


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


          Meeting ID: 161 282 1921

          1:00 PM

          CONT...


          Tim M McKenna


          Chapter 7


          Password: 263772

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          1:00 PM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #12.00


          Hearing RE: Evidentiary Objections To Direct Examination Testimoney Of Catherine McKenna

          (Motion filed 7/21/2020)


          Docket 65


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


          Meeting ID: 161 282 1921

          1:00 PM

          CONT...


          Tim M McKenna


          Chapter 7


          Password: 263772

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          1:00 PM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #13.00


          Hearing RE: Motion To: 1) Strike The Declaration Of Michelle Nelson; And 2) Exclude Attorney-Client Communications From Being Presented As Evidence During Trial

          (Motion filed 7/21/2020)


          Docket 63


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          1:00 PM

          CONT...


          Tim M McKenna


          Chapter 7

          Meeting ID: 161 282 1921

          Password: 263772

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          1:00 PM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #14.00


          Hearing RE: Motion In Liimine To Exclude Evidence Of Claims Not Raised In the Complaint

          (Motion filed 7/21/2020)


          Docket 62


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


          Meeting ID: 161 282 1921

          1:00 PM

          CONT...


          Tim M McKenna


          Chapter 7


          Password: 263772

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          1:00 PM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #15.00


          Hearing RE: Motion In Limine To Exclude Documents Not Identified In The Pre-

          Trial Stipulation

          (Motion filed 7/21/2020)


          Docket 61


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


          Meeting ID: 161 282 1921

          1:00 PM

          CONT...


          Tim M McKenna


          Chapter 7


          Password: 263772

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          1:00 PM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #16.00


          Hearing RE: Opening Statements (Set per Order Entered 7-15-2020)


          Docket 1


          Tentative Ruling:

          Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


          Meeting ID: 161 282 1921

          1:00 PM

          CONT...


          Tim M McKenna


          Chapter 7

          Password: 263772

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          9:30 AM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #1.00


          CONT'D Hearing RE: Evidentiary Objections To Direct Examination Testimony Of Michelle Nelson

          (Motion filed 7/21/2020) FR: 8-5-20

          Docket 66


          Tentative Ruling:

          Tentative for 8/7/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1611130147 Meeting ID: 161 113 0147

          Password: 662055


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          9:30 AM

          CONT...


          Tim M McKenna


          Chapter 7


          Meeting ID: 161 113 0147

          Password: 662055


          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


          Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


          As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


          ************************************************************************************* Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772

          9:30 AM

          CONT...

          Tim M McKenna

          Chapter 7

          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          Meeting ID: 161 282 1921


          Password: 263772


          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          9:30 AM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #2.00


          CONT'D Hearing RE: Plaintiff Law Offices Of Michelle J. Sukhov, Inc.'s Evidentiary Objections To The Trial Declaration Of Tim M. McKenna (Motion filed 7/21/2020)


          FR: 8-5-20


          Docket 71


          Tentative Ruling:

          Tentative for 8/7/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1611130147 Meeting ID: 161 113 0147

          Password: 662055


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          9:30 AM

          CONT...


          Tim M McKenna


          Chapter 7


          Meeting ID: 161 113 0147

          Password: 662055


          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


          Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


          As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


          ************************************************************************************* Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772

          9:30 AM

          CONT...

          Tim M McKenna

          Chapter 7

          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          Meeting ID: 161 282 1921


          Password: 263772


          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          9:30 AM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #3.00


          CONT'D Hearing RE: Evidentiary Objections To Direct Examination Testimoney Of Catherine McKenna

          (Motion filed 7/21/2020) FR: 8-5-20

          Docket 65


          Tentative Ruling:

          Tentative for 8/7/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1611130147 Meeting ID: 161 113 0147

          Password: 662055


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          9:30 AM

          CONT...


          Tim M McKenna


          Chapter 7


          Meeting ID: 161 113 0147

          Password: 662055


          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


          Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


          As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


          ************************************************************************************* Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772

          9:30 AM

          CONT...

          Tim M McKenna

          Chapter 7

          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          Meeting ID: 161 282 1921


          Password: 263772


          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          9:30 AM

          8:18-13588


          Tim M McKenna


          Chapter 7

          Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


          #4.00


          CONT'D Hearing RE: Opening Statements (Set per Order Entered 7-15-2020)


          FR: 8-5-20


          Docket 1


          Tentative Ruling:

          Tentative for 8/7/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


          Videoconference URL: https://cacb.zoomgov.com/j/1611130147 Meeting ID: 161 113 0147

          Password: 662055


          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          9:30 AM

          CONT...


          Tim M McKenna


          Chapter 7

          Meeting ID: 161 113 0147

          Password: 662055


          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


          Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


          As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


          ************************************************************************************* Tentative for 8/6/20:


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

          Videoconference URL: https://cacb.zoomgov.com/j/1612821921 Meeting ID: 161 282 1921

          Password: 263772

          If a participant is unable to send and receive audio through his/her computer,

          9:30 AM

          CONT...

          Tim M McKenna

          Chapter 7

          or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          Meeting ID: 161 282 1921


          Password: 263772


          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Party Information

          Debtor(s):

          Tim M McKenna Represented By Michael G Spector

          Defendant(s):

          Tim M McKenna Represented By Michael G Spector

          Plaintiff(s):

          Law Offices of Michelle J. Sukhov, Represented By

          Michelle J Nelson Roger F Friedman

          Trustee(s):

          Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

          10:00 AM

          6:20-11955


          Jakob Jeremy Fite and Melissa Legaspi Fite


          Chapter 7


          #1.00


          Neasham & Kramer LLP - movant attorney Motion for Relief from Stay

          John Sarno and Leslee Sarno vs. DEBTORS (Motion filed 7/22/20)


          Re: ACTION IN NON-BANKRUPTCY FORUM RE: Litigation in State Court EH            

          Docket 25


          Tentative Ruling:

          Tentative for 8/18/20:


          Grant pursuant to 11 U.S.C. § 362(d)(1).


          Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


          The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


          Movant to lodge an order within seven (7) days.

          Party Information

          Debtor(s):

          Jakob Jeremy Fite Represented By

          10:00 AM

          CONT...


          Jakob Jeremy Fite and Melissa Legaspi Fite

          Glenn Park


          Chapter 7

          Joint Debtor(s):

          Melissa Legaspi Fite Represented By Glenn Park

          Trustee(s):

          Arturo Cisneros (TR) Pro Se

          10:00 AM

          6:20-14331


          Patrick J Morning


          Chapter 7


          #2.00


          Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

          Santander Consumer USA, Inc. vs. DEBTOR, Robert Whitmore, trustee (Motion filed 7/24/20)


          Re: 2016 Toyota Corolla, VIN: 5YFBURHE6GP479073


          Docket 9


          Tentative Ruling:

          Tentative for 8/18/20:


          Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


          Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


          The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


          Movant to lodge an order within seven (7) days.

          Party Information

          Debtor(s):

          Patrick J Morning Represented By

          10:00 AM

          CONT...


          Trustee(s):


          Patrick J Morning


          Robert W Stewart Jr


          Chapter 7

          Robert Whitmore (TR) Pro Se

          10:00 AM

          6:20-14683


          Bulldog Coatings LLC


          Chapter 7


          #3.00


          Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

          Cab West, LLC vs. DEBTOR, Robert Whitmore, trustee (Motion filed 7/17/20)


          Re: 2018 Ford F150, VIN: 1FTEW1CP8JKE00395


          EH            


          Docket 9


          Tentative Ruling:

          Tentative for 8/18/20:


          Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


          Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


          The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


          Movant to lodge an order within seven (7) days.

          Party Information

          Debtor(s):

          Bulldog Coatings LLC Represented By

          10:00 AM

          CONT...


          Trustee(s):


          Bulldog Coatings LLC


          Julie J Villalobos


          Chapter 7

          Robert Whitmore (TR) Pro Se

          11:00 AM

          6:10-43840


          Robert Gillespie, Jr. and Michelle R Gillespie


          Chapter 7


          #4.00


          Hrg. on approval of trustee's final report; applications for compensation EH            


          Docket 0


          Tentative Ruling:

          Tentative for 8/18/20 is to APPROVE, except that the fee amount to be paid to the firm, Soloman Ward Seidenwurm & Smith, shall be reduced by $97.50, totaling $10,551.50.


          The disallowed $97.50 relates to time expended in connection with employment applications. The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney." See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The firm has not demonstrated that the employment application was not routine, and so the generation of an employment application remains a trustee duty. Id.


          Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


          The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


          Trustee to lodge an order within seven (7) days.

          11:00 AM

          CONT...


          Debtor(s):


          Robert Gillespie, Jr. and Michelle R Gillespie

          Party Information


          Chapter 7

          Robert Gillespie Jr. Represented By

          Dale Parham - INACTIVE -

          Joint Debtor(s):

          Michelle R Gillespie Represented By

          Dale Parham - INACTIVE - Manfred Schroer

          Trustee(s):

          Helen R. Frazer (TR) Pro Se

          11:00 AM

          6:17-18347


          Armando Rivera and Leslie M. Rivera


          Chapter 7


          #5.00


          Hrg. on approval of trustee's final report; applications for compensation EH            

          Docket 0


          Tentative Ruling:

          Tentative for 8/18/20 is to APPROVE.


          Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


          The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


          Trustee to lodge an order within seven (7) days.

          Party Information

          Debtor(s):

          Armando Rivera Represented By Keith Q Nguyen

          Joint Debtor(s):

          Leslie M. Rivera Represented By Keith Q Nguyen

          Trustee(s):

          Charles W Daff (TR) Represented By Lynda T Bui

          11:00 AM

          CONT...


          Armando Rivera and Leslie M. Rivera

          Rika Kido


          Chapter 7

          1:30 PM

          6:18-12715


          Big Bear Bowling Barn, Inc.


          Chapter 11


          #6.00


          Hrg. on Debtor's Motion filed 7/8/20 suspending chapter 11 plan payment for 120 days due to COVID-19 shutdown


          EH            


          Docket 231


          Tentative Ruling:

          Tentative for 8/18/20 is to DENY.


          Debtor’s motion requests suspension of Ch. 11 plan payments, due to the impact of COVID-19 on Debtor’s business operations, pursuant to 11 § U.S.C. 305.


          Unfortunately, Debtor’s motion does not contain authority which supports the contention that § 305 can be used to suspend plan payments post- confirmation, or circumvent 11 U.S.C. § 1127(b), which provides that the "proponent of a plan or the reorganized debtor may modify such plan at any time after confirmation of such plan and before substantial consummation of such plan..." 11 U.S.C. § 1127(b) (emphasis added).


          The Court notes that Debtor’s Ch. 11 plan was confirmed via Court Order entered 7/30/19 [Dk. 202], and that the plan has been substantially consummated. Debtor has made payments of nearly $101,141.18 on the plan, pursuant to Post Confirmation Status Report filed 8/3/20 [Dk. 236].


          The Court’s independent research indicates that there is a strong public policy to provide creditors and debtors with finality regarding confirmed Ch. 11 plans. In re Eliminator Custom Boats, Inc., No. BAP CC-19-1003-KUFL, 2019 WL 4733525, at *9 (B.A.P. 9th Cir. 2019). Therefore, it may be incongruous for the Court to find that § 1127(b) can be circumvented by § 305.


          Noting that Debtor’s motion is silent on § 1127(b) and cites only to pre- confirmation cases, and Debtor has not filed any Reply to the multiple

          1:30 PM

          CONT...


          Big Bear Bowling Barn, Inc.


          Chapter 11

          oppositions filed by secured creditors and the United States Trustee, the Court may have no choice but to DENY the motion, absent some showing by Debtor at the hearing that the Court has authority to provide requested relief under § 305.


          Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


          Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

          Videoconference URL: https://cacb.zoomgov.com/j/1610306179 Meeting ID: 161 030 6179

          Password: 077351

          If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

          Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

          Meeting ID: 161 030 6179

          Password: 077351

          For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

          Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the

          1:30 PM

          CONT...

          Big Bear Bowling Barn, Inc.

          Chapter 11

          videoconference hearing.


          As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

          Party Information

          Debtor(s):

          Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

          Lawrence R Fieselman

          Movant(s):

          Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

          Lawrence R Fieselman

          1:30 PM

          6:20-11096


          Ronald Ward Komers


          Chapter 11


          #7.00


          Nazik Hasan - movant attorney Motion for Relief from Stay

          County of Riverside vs. DEBTOR (Motion filed 6/4/20)


          Re: Action in Non-Bankruptcy Forum) (Cont. from 7/14/20)


          EH            


          Docket 64

          *** VACATED *** REASON: CONTINUE TO 9/22/20 AT 1:30 PM, PER STIP/ORDER ENTERED 08/11/20 - slh

          Tentative Ruling:

          Party Information

          Debtor(s):

          Ronald Ward Komers Represented By Matthew D. Resnik

          Roksana D. Moradi-Brovia

          Movant(s):

          Nazik Hasan Represented By

          Ronak N Patel

          1:30 PM

          6:20-14307


          Pimlico Ranch, LLC


          Chapter 11


          #8.00


          Hrg. on Chapter 11 Status Conference EH            

          Docket 0


          Tentative Ruling:

          Tentative for 8/18/20:


          The Court is inclined to set the following dates/deadlines:


          1. Deadline to File Plan & D.S. - September 20, 2020 (statutory deadline)

          2. Deadline to file Avoidance Actions - October 31, 2020

          3. Proof of Claims Deadline - November 15, 2020

          4. Deadline to file Objections to Claims - December 31, 2020


            Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


            Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

            Videoconference URL: https://cacb.zoomgov.com/j/1610306179 Meeting ID: 161 030 6179

            Password: 077351

            If a participant is unable to send and receive audio through his/her computer,

            1:30 PM

            CONT...

            Pimlico Ranch, LLC

            Chapter 11

            or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

            Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

            Meeting ID: 161 030 6179


            Password: 077351


            For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


            Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


            As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

            Party Information

            Debtor(s):

            Pimlico Ranch, LLC Represented By Robert M Yaspan

            1:30 PM

            6:20-14307


            Pimlico Ranch, LLC


            Chapter 11


            #9.00


            CONT'D Hrg. on Application to Employ Law Offices of Robert M. Yaspan as General Counsel for Debtor-in-Possession


            FR: 8/4/20


            EH            


            Docket 5

            *** VACATED *** REASON: Order Approving Employment Application and Vacating hearing on Employment Application and Order to Show Cause entered on 8/12/20 - jc

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Pimlico Ranch, LLC Represented By Robert M Yaspan

            Movant(s):

            Pimlico Ranch, LLC Represented By Robert M Yaspan

            1:30 PM

            6:20-14307


            Pimlico Ranch, LLC


            Chapter 11


            #10.00


            Hrg. on Order to Show Cause why compensation paid to Debtors' Counsel should not be disgorged.


            EH         


            Docket 1

            *** VACATED *** REASON: Order Approving Employment Application and Vacating hearing on Employment Application and Order to Show Cause entered on 8/12/20 - jc

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Pimlico Ranch, LLC Represented By Robert M Yaspan

            1:30 PM

            6:20-14458


            Camp Croteau, Inc.


            Chapter 11


            #11.00


            Hrg. on Debtor's Motion to Approve Use Cash Collateral for Ordinary Expenses and Adequate Protection


            (Cont. from 7/7/20) EH            

            Docket 7


            Tentative Ruling:

            Tentative for 8/18/20:


            The Court has reviewed and received the Supplement filed 8/11/20 [Dk. 34], and seeks an explanation from Debtor regarding the following:


            1. Actual income for July 2020 was $23,521.03, approximately

              $2K less than the projected amount, $25,500.00.


            2. Actual expenses for July 2020 were $35,399.00, approximately

      $5.5K greater than the projected amount, $29,816.13.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1610306179 Meeting ID: 161 030 6179

      1:30 PM

      CONT...


      Camp Croteau, Inc.


      Chapter 11


      Password: 077351

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 030 6179

      Password: 077351


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Camp Croteau, Inc. Represented By Todd L Turoci

      Movant(s):

      Camp Croteau, Inc. Represented By Todd L Turoci Todd L Turoci

      1:30 PM

      CONT...


      Trustee(s):


      Camp Croteau, Inc.


      Todd L Turoci


      Chapter 11

      Caroline Renee Djang (TR) Pro Se

      1:30 PM

      6:20-14458


      Camp Croteau, Inc.


      Chapter 11


      #12.00

      Hrg. on Subchapter V Status Conference


      Docket 0


      Tentative Ruling:

      Tentative for 8/18/20:


      The Court is inclined to set the following dates/deadlines:


      1. Last Day to File a Plan: September 27, 2020, pursuant to 11 U.S.C. Section 1189(b)


      2. Continued Status Conference: October 7, 2020 at 1:30 p.m. A status report is due 14 days prior to the hearing.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1610306179 Meeting ID: 161 030 6179

      Password: 077351

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

      1:30 PM

      CONT...

      Camp Croteau, Inc.

      Chapter 11

      conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 030 6179


      Password: 077351


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.



      Party Information

      Debtor(s):

      Camp Croteau, Inc. Represented By Todd L Turoci

      Trustee(s):

      Caroline Renee Djang (TR) Pro Se

      1:30 PM

      6:20-14798


      Ben Clymer's The Body Shop Perris Inc.


      Chapter 11


      #13.00


      Hrg. on Order to Show Cause why compensation paid to Debtors' Counsel should not be disgorged


      EH         


      Docket 1

      *** VACATED *** REASON: Order Vacating Order to Show Cause entered on 8/12/20 - jc

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ben Clymer's The Body Shop Perris Represented By

      Robert M Yaspan

      Trustee(s):

      Todd A. Frealy (TR) Represented By Monica Y Kim

      1:30 PM

      6:19-20061


      Fernando Alfonso Perez


      Chapter 7

      Adv#: 6:20-01036 Grobstein, Chapter 7 Trustee v. Perez et al


      #14.00


      STATUS CONFERENCE re: Complaint by Howard B. Grobstein, Chapter 7 Trustee against Alfonso Perez, Diego Perez. for sale of property of estate and of a co-owner - 363(h)


      (Cont. from 6/24/20) EH            

      Docket 1

      *** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE FILED ON 8/5/20 - slh

      Tentative Ruling:

      Party Information

      Debtor(s):

      Fernando Alfonso Perez Represented By Michael K Blue

      Defendant(s):

      Alfonso Perez Pro Se

      Diego Perez Pro Se

      Plaintiff(s):

      Howard B. Grobstein, Chapter 7 Represented By

      Roye Zur

      Trustee(s):

      Howard B Grobstein (TR) Represented By Roye Zur

      1:30 PM

      6:20-11545


      Fernando A Sanchez


      Chapter 7

      Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al


      #15.00


      STATUS CONFERENCE re: Complaint by All Nations Realty Ontario against Fernando A Sanchez, Marisol Alba Topete under 523(a)(2), (a)(4), and (a)(6) EH            


      Docket 1


      Tentative Ruling:

      Tentative for 8/19/20 is to CONTINUE to November 4, 2020 at 1:30 p.m. If the matter is not otherwise resolved and taken off calendar, a status report (unilateral or joint) will be due 14 days prior to the continued hearing.


      Appearances for the 8/19 hearing are excused.

      Party Information

      Debtor(s):

      Fernando A Sanchez Represented By A Mina Tran

      Defendant(s):

      Fernando A Sanchez Pro Se

      Marisol Alba Topete Pro Se

      Joint Debtor(s):

      Marisol Alba Topete Represented By A Mina Tran

      Plaintiff(s):

      ALL NATIONS REALTY Represented By Omero Banuelos

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:30 PM

      CONT...


      Fernando A Sanchez


      Chapter 7

      10:00 AM

      8:18-13666


      Brooks T Morgan


      Chapter 7

      Adv#: 8:20-01101 Casey v. Morgan


      #1.00


      STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Debtor Brooks T. Morgan For Judgment:

      1. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(2);

      2. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(4)(A);

      3. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(5);

      4. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(6)(A);

      5. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(3);

      6. Denying Discharge RE Arroyo Membership Interest And Per 11 U.S.C. Section 727(a)(4)(A);

      7. Denying Discharge RE Alleged Redemption Agreement And Updated

        $33,350 Check Per 11 U.S.C. Section 727(a)(2);

      8. Denying Discharge RE Post-Marital Agreement Per 11 U.S.C. Section 727(a)(2);

      9. Denying Discharge RE Post-Marital Agreement Per 11 U.S.C. Section 727(a)(4);

      10. Denying Discharge RE Unpaid Arroyo Membership Distributions Per 11

        U.S.C. Section 727(a)(2); And

      11. Denying Discharge RE Unpaid Arroyo Membership Distributions Per 11

      U.S.C. Section 727(a)(4)(a) (Complaint filed 6/12/2020)


      Docket 1


      Tentative Ruling:

      Tentative for 8/19/20:


      The Court is inclined to set the following dates/deadlines:


      1. Discovery cutoff: December 31, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


      2. Motion cutoff: February 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.

        10:00 AM

        CONT...


        Brooks T Morgan


        Chapter 7


      3. Pretrial conference: March 24, 2021 at 1:30 p.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608932324 Meeting ID: 160 893 2324

      Password: 758317

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 893 2324

      Password: 758317

      10:00 AM

      CONT...

      Brooks T Morgan

      Chapter 7

      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Brooks T Morgan Represented By

      Catherine Christiansen

      Defendant(s):

      Brooks T. Morgan Represented By Donald W Sieveke

      Plaintiff(s):

      Thomas H Casey Represented By Thomas H Casey

      Trustee(s):

      Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

      10:00 AM

      8:19-11843


      Adam Foster


      Chapter 7

      Adv#: 8:19-01172 Cervantes v. Foster


      #2.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(5) And (a)(15) (Complaint filed 8/26/19)

      (PTC set at S/C held 11/20/19) FR: 11-20-19; 5-13-20; 6-24-20


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING THE ADVERSARY PROCEEDING WITH PREJUDICE AND VACATING PRE-TRIAL CONFERENCE ENTERED 8-13-2020 - (DOCKET NO. [12])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Adam Foster Represented By

      Amanda G Billyard

      Defendant(s):

      Adam Thomas Foster Represented By

      Richard L. Sturdevant Natali A Ron

      Plaintiff(s):

      Trina C. Cervantes Represented By Natali A Ron

      Richard L. Sturdevant

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      10:00 AM

      8:19-14970


      Gerardo Emigdio Navarro Estrada


      Chapter 7

      Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada


      #3.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2), 523(a)(4) And (a)(6)

      (Complaint filed 4/6/2020) FR: 6-24-20

      Docket 1


      Tentative Ruling:

      Tentative for 8/19/20:


      The Court is inclined to set the following dates/deadlines:


      1. Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


      2. Motion cutoff: February 15, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


      3. Pretrial conference: March 3, 2021, at 1:30 p.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

      10:00 AM

      CONT...


      Gerardo Emigdio Navarro Estrada


      Chapter 7


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608932324 Meeting ID: 160 893 2324

      Password: 758317

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 893 2324

      Password: 758317


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


      ******************************************************************************

      10:00 AM

      CONT...


      Gerardo Emigdio Navarro Estrada


      Chapter 7

      Tentative for 6/24/20 is to CONTINUE to August 19, 2020 at 10:00 a.m.


      As of the posting of this tentative, the parties have not filed a status report in compliance with the requirements of LBR 7016-1(a). Future noncompliance with applicable rules and instructions may result in monetary and nonmonetary sanction, including dismissal or entry of order striking the answer and entering a default judgment.


      Appearances for the 6/24 hearing are excused.

      Party Information

      Debtor(s):

      Gerardo Emigdio Navarro Estrada Pro Se

      Defendant(s):

      Gerardo Emigdio Navarro Estrada Pro Se

      Plaintiff(s):

      Action Mobile Homes, Inc. Represented By Edward T Weber

      Trustee(s):

      Jeffrey I Golden (TR) Pro Se

      10:00 AM

      8:18-10548


      Lenore LuAnn Albert-Sheridan


      Chapter 7

      Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


      #4.00


      CONT'D Hearing RE: Motion To Strike Documents No. 8, 9, 10. 11. 12 and 13 From The Record And Issue An OSC Why Nira Woods Should Not Be Sanctioned

      (Motion filed 7/7/2020) FR: 8-5-20


      Docket 14

      *** VACATED *** REASON: OFF CALENDAR - PER ORDER STAYING PROCEEDING, VACATING HEARING AND SETTING STATUS CONFERENCE ENTERED 7-24-2020 (DOCKET NO. [31])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Defendant(s):

      Maricruz Farfan Represented By Suzanne C Grandt James J Chang

      Timothy Byer, Esq Represented By Suzanne C Grandt James J Chang

      State Bar Of California Represented By Suzanne C Grandt James J Chang

      Nira Woods Pro Se

      10:00 AM

      CONT...


      Lenore LuAnn Albert-Sheridan


      Chapter 7

      Devin Lucas, Esq Pro Se

      Movant(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Plaintiff(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

      Aaron E de Leest Sonia Singh

      10:00 AM

      8:18-10548


      Lenore LuAnn Albert-Sheridan


      Chapter 7

      Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


      #5.00


      Hearing RE: Wood's Motion To Dismiss The Case And Request Relief (Motion filed 6/22/2020)

      (Set per Order Entered 7-22-2020)


      Docket 8

      *** VACATED *** REASON: OFF CALENDAR - PER ORDER STAYING PROCEEDING, VACATING HEARING AND SETTING STATUS CONFERENCE ENTERED 7-24-2020 (DOCKET NO. [31])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Defendant(s):

      Maricruz Farfan Represented By Suzanne C Grandt James J Chang

      Timothy Byer, Esq Represented By Suzanne C Grandt James J Chang

      State Bar Of California Represented By Suzanne C Grandt James J Chang

      Nira Woods Pro Se

      Devin Lucas, Esq Pro Se

      Movant(s):

      Nira Woods Pro Se

      10:00 AM

      CONT...


      Lenore LuAnn Albert-Sheridan


      Chapter 7

      Plaintiff(s):

      Lenore LuAnn Albert-Sheridan Pro Se

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

      Aaron E de Leest Sonia Singh

      10:00 AM

      8:20-11056


      Mershad Javan


      Chapter 7

      Adv#: 8:20-01085 Norris et al v. Javan


      #5.10


      STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt

      [11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]

      (Complaint filed 5/19/2020)

      [Case transferred from CB on 7/31/2020]


      FR: 8/4/20


      Docket 1


      Tentative Ruling:

      Tentative for 8/19/20:


      The Court is inclined to set the following dates/deadlines:


      1. Cutoff to file Motion for Leave to Amend: September 21, 2020.


      2. Discovery cutoff: January 29, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


      3. Motion cutoff: March 4, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


      4. Pretrial conference: May 5, 2021 at 1:30 p.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.


      Virtual appearances are required. The courtroom will be locked; parties will

      10:00 AM

      CONT...


      Mershad Javan


      Chapter 7

      not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1608932324 Meeting ID: 160 893 2324

      Password: 758317

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 893 2324

      Password: 758317


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      10:00 AM

      CONT...


      Debtor(s):


      Mershad Javan


      Party Information


      Chapter 7

      Mershad Javan Represented By Todd L Turoci

      Defendant(s):

      Mershad Javan Represented By Todd L Turoci

      Plaintiff(s):

      Steve Norris Represented By

      David Brian Lally

      Steve Norris Derivatively on Behalf Represented By

      David Brian Lally

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      10:00 AM

      8:18-13140


      Martin Lambaren


      Chapter 7

      Adv#: 8:18-01214 Trinity Equipment Rentals, Inc. v. Lambaren


      #5.20


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For Determination Of Nondischargeability Of Debt

      [11 U.S.C. Sections 523(a)(2), (a)(4), And (a)(6)]

      (Complaint filed 12/3/2018]

      [Case transferred from CB on 7/31/2020]


      FR: 2-26-19; 5-28-19; 9-3-19; 11-5-19; 2-25-20; 4-28-20; 6-23-20; 7-21-20;

      8-4-20


      Docket 1


      Tentative Ruling:

      Tentative for 8/19/20 is to CONTINUE to October 21, 2020 at 10:00 a.m. as a holding date, in light of the representations made in the Plaintiff's Update to Status Report filed 8/5/20 [Dk. 23] that the parties have reached a settlement.


      Appearances for the 8/19 hearing are excused.

      Party Information

      Debtor(s):

      Martin Lambaren Represented By Douglas A Crowder

      Defendant(s):

      Martin Lambaren Represented By Douglas A Crowder

      Joint Debtor(s):

      Heather Stovall Represented By Douglas A Crowder

      10:00 AM

      CONT...


      Martin Lambaren


      Chapter 7

      Plaintiff(s):

      Trinity Equipment Rentals, Inc. Represented By Michael J Walsh

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      10:00 AM

      8:16-12589


      Andrea Steinmann Downs


      Chapter 7

      Adv#: 8:18-01168 Casey v. Steinmann et al


      #5.30


      CONT'D STATUS CONFERENCE Hearing RE: Complaint:

      1. To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 544(b) And 550;

      2. For Imposition Of A Resulting Trust;

      3. For Declaratory Relief;

      4. For Preservation Of The Transfer For The Benefit Of The Estate;

      5. For Attorneys' Fees And Costs (Complaint filed 9/6/2018)

      [Case transferred from CB on 7/31/2020]


      FR: 11-27-18; 1-8-19; 4-2-19; 6-11-29; 8-27-19; 11-12-19; 12-17-19; 1-29-20;

      4-16-20; 5-19-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 8-13-2020 - (DOCKET NO. [188])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Andrea Steinmann Downs Pro Se

      Defendant(s):

      Lora Rae Steinmann Represented By

      D Edward Hays Laila Masud

      Heinz H Steinmann Represented By

      D Edward Hays Laila Masud

      Eric Steinmann Represented By

      10:00 AM

      CONT...


      Andrea Steinmann Downs


      D Edward Hays Laila Masud


      Chapter 7

      Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

      John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

      Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

      Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

      Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

      D Edward Hays

      Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

      Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

      Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

      10:00 AM

      CONT...


      Andrea Steinmann Downs


      Chapter 7

      Plaintiff(s):

      Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

      Trustee(s):

      Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

      10:00 AM

      8:19-14348


      Alisandro Romero


      Chapter 7

      Adv#: 8:20-01015 Petersen v. Romero


      #5.40


      Hearing RE: Motion To Compel Further Response To Special Interrogatories And Request For Production Of Documents

      (Motion filed 8/3/2020)


      Docket 12

      *** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. PER ORDER CONTINUING MOTION TO COMPEL RESONSE AND REQUIRING PLAINTIFF TO FILE SUPPLEMENTAL PLEADING ENTERED 8-11-2020 - (DOCKET NO. [18])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Alisandro Romero Represented By Rex Tran

      Defendant(s):

      Alisandro Romero Represented By Thomas J Polis

      Movant(s):

      Michael Petersen Pro Se

      Plaintiff(s):

      Michael Petersen Pro Se

      Trustee(s):

      Karen S Naylor (TR) Represented By Nanette D Sanders

      11:00 AM

      8:19-13560


      Eagan Avenatti, LLP


      Chapter 7


      #5.50


      Hearing RE: Application By Chapter 7 Trustee To Retain Force Ten Partners LLC As Electronic Document Manager

      (Motion filed 6/24/2020)

      (Set per Order Entered 8/7/2020)


      Docket 169


      Tentative Ruling:

      Tentative for 8/19/20 is to APPROVE.


      The rates set out, and employment under either §§ 327 or 363, are suitable for this case. The Court understands fully the nature of the services to be provided, and the Ch. 7 Trustee has presented an adequate description of the need for those services. The alleged conflict is not actual and as such meets the requirements for exception to employment bar under § 327. The Court’s ability to review the services and fees at interim and final fee application hearings provides additional checks to overreaching. Therefore, the Applicant's employment is approved under § 327.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1603620227 Meeting ID: 160 362 0227

      Password: 557895

      11:00 AM

      CONT...


      Eagan Avenatti, LLP


      Chapter 7


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 362 0227

      Password: 557895


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Eagan Avenatti, LLP Represented By Jack A. Reitman

      Movant(s):

      Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

      Judith E Marshack John P. Reitman

      11:00 AM

      CONT...


      Trustee(s):


      Eagan Avenatti, LLP


      Meghan C Murphey


      Chapter 7

      Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

      Judith E Marshack John P. Reitman Meghan C Murphey

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01031 Marshack v. Sotiris, LLC


      #6.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]

      (Complaint filed 3/20/2020) FR: 6-10-20

      Docket 1


      Tentative Ruling:

      Tentative for 8/19/20 is to CONTINUE to October 21, 2020 at 11:00 a.m. If a motion for default judgment is not filed, a status report is due 14 days in advance.


      Appearances for the 8/19 hearing are excused.


      **************************************************************************************** Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances for the 6/10 hearing are excused.

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Sotiris, LLC Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By

      11:00 AM

      CONT...


      Trustee(s):


      Luminance Recovery Center, LLC


      Judith E Marshack


      Chapter 7

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01033 Marshack v. 27 Diamonds


      #7.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)


      FR: 6-10-20; 7-15-20


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR - ORDER VACATING STATUS CONFERENCE ENTERED 8-13-2020 - (DOCKET NO. [17])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      27 Diamonds Represented By

      Andrew Edward Smyth

      Plaintiff(s):

      Richard A Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch


      Chapter 7

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01034 Marshack v. Jaid Appliance


      #8.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

      2. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05, et seq.] (Complaint filed 3/20/2020)


      FR: 6-10-20


      Docket 1


      Tentative Ruling:

      Tentative for 8/19/20 is to CONTINUE to November 18, 2020 at 11:00 a.m. A status report is due 14 days in advance of the continued status conference.


      Appearances for the 8/19 hearing are excused.


      ************************************************************************************** Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance of the continued status conference.


      Appearances for the 6/10 hearing are excused.

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Jaid Appliance Pro Se

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      Plaintiff(s):

      Richard A. Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01035 Marshack v. American Express et al


      #9.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04, et seq.] And;

      3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


      FR: 6-10-20; 7-15-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS HEARING ENTERED 8-5-2020 - (DOCKET NO. [22])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      American Express Pro Se

      American Express National Bank Represented By

      Kelly Sweeney

      American Express Company Represented By Kelly Sweeney

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      Plaintiff(s):

      Richard A Marshack Represented By Judith E Marshack David Wood

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

      11:00 AM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC


      #10.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];

      2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

      3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


      FR: 6-10-20


      Docket 1


      Tentative Ruling:

      Tentative for 8/19/20 is to CONTINUE to October 21, 2020 at 11:00 a.m. If a motion for default judgment is not filed, a status report is due 14 days in advance.


      Appearances for the 8/19 hearing are excused.


      **************************************************************************************** Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance.


      Appearances for the 6/10 hearing are excused.

      Party Information

      Debtor(s):

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      11:00 AM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

      Defendant(s):

      Exclusive Fitness, LLC Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Judith E Marshack

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

      11:00 AM

      8:18-13311


      Ruby's Diner, Inc., a California corporation


      Chapter 7


      #11.00


      Hearing RE: Motion To Authorize Post-Petition Financing In The Amount Of

      $25,000 To Fund Proposed Cost Retainer For Special Counsel And Grant Administrative Claim As A Necessary Cost And Expense Of The Estate Pursuant To 11 U.S.C. Section 364(c)

      (Motion filed 7/28/2020)


      Docket 759

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARINGS ON MOTIONS ENTERED 8-11-2020 - (DOCKET NO. [784])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

      Movant(s):

      Richard A Marshack (TR) Represented By Laila Masud

      D Edward Hays Tinho Mang

      Trustee(s):

      Richard A Marshack (TR) Represented By Laila Masud

      D Edward Hays Tinho Mang

      11:00 AM

      8:18-13311


      Ruby's Diner, Inc., a California corporation


      Chapter 7


      #12.00


      Hearing RE: Trustee's Application To Employ Miller Barondess LLP As Special Counsel And To Authorize Prosecution Of Claims

      (Motion filed 7/28/2020)


      Docket 757

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARINGS ON MOTIONS ENTERED 8-11-2020 - (DOCKET NO. [784])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

      Movant(s):

      Richard A Marshack (TR) Represented By Laila Masud

      D Edward Hays Tinho Mang

      Trustee(s):

      Richard A Marshack (TR) Represented By Laila Masud

      D Edward Hays Tinho Mang

      11:00 AM

      8:18-13311


      Ruby's Diner, Inc., a California corporation


      Chapter 7


      #12.10


      CONT'D STATUS CONFERENCE Hearing RE: Case Management Conference (Petiton filed 9/5/2018)

      [Case transferred from CB on 7/31/2020]

      (S/C set per Order Entered 8/7/2020)


      FR: 9-24-18; 10-22-18; 11-2-18; 12-14-18; 12-18-18; 1-16-19; 1-30-19; 2-27-19;

      4-25-19; 6-5-19; 6-12-19; 7-24-19; 8-28-19; 9-11-19; 9-27-19; 10-23-19;

      11-22-19; 11-26-19; 12-19-19; 1-23-20; 3-25-29; 4-15-20; 5-20-20; 6-9-20;

      advanced from 9-24-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARINGS ON MOTIONS ENTERED 8-11-2020 - (DOCKET NO. [784])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

      Trustee(s):

      Richard A Marshack (TR) Represented By Laila Masud

      D Edward Hays Tinho Mang

      11:00 AM

      8:20-11386


      Rock & Brews LLC


      Chapter 7


      #13.00


      Hearing RE: Motion For Order: (1) Approving Asset Purchase Agreement And Authorizing The Sale Of The Debtor's Assets Free And Clear of Liens, Claims And Interests Pursuant To 11 U.S.C. Sections 363(b) And (f); (2) Approving Overbid Procedures; (3) Assuming And Assigning Certain Executory Contracts And Unexpired Leases; (4) Approving Buyer, Successful Bidder, And Any Back- up-Bidder, As Good Faith Purchaser Pursuant To 11 U.S.C. Section 363 (m); And (5) Authorizing Payment Of Undisputed Liens And Other Ordinary Costs Of Sale

      (Motion filed 7/17/2020)


      Docket 35


      Tentative Ruling:

      Tentative for 8/19/20 is to APPROVE overbid procedures, and have Trustee conduct an auction.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1603620227 Meeting ID: 160 362 0227

      Password: 557895


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

      11:00 AM

      CONT...


      Rock & Brews LLC


      Chapter 7

      audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 362 0227

      Password: 557895


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Rock & Brews LLC Represented By David Wood

      Movant(s):

      Jeffrey I Golden (TR) Represented By Beth Gaschen

      Trustee(s):

      Jeffrey I Golden (TR) Represented By Beth Gaschen

      11:00 AM

      8:18-13010


      Liezl Diaz Deocampo and Julius B. Deocampo


      Chapter 7


      #13.10


      Hearing RE: Chapter 7 Trustee's Motion For Order Approving Equity Buyback Agreement Between The Trustee And Debtors And Authorizing Disposition Of Property Of The Estate Pursuant to 11 U.S.C. Section 363(b)

      (Motion filed 8/5/2020)

      (Set per OST Entered 8-6-2020)


      Docket 153


      Tentative Ruling:

      Tentative for 8/19/20 is to APPROVE.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Liezl Diaz Deocampo Represented By

      James D. Hornbuckle

      Joint Debtor(s):

      Julius B. Deocampo Represented By

      James D. Hornbuckle

      11:00 AM

      CONT...

      Trustee(s):


      Liezl Diaz Deocampo and Julius B. Deocampo


      Chapter 7

      Jeffrey I Golden (TR) Represented By Reem J Bello

      1:30 PM

      8:18-10969


      Luminance Recovery Center, LLC


      Chapter 7

      Adv#: 8:19-01050 Marshack v. Yellowstone Capital West, LLC


      #16.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

      1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

      2. Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);

      3. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B)

      4. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

      5. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

      6. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

      7. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

      8. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

      9. Fraud;

      10. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

      11. Declaratory Relief; And

      12. Usury

      (Complaint filed 3/20/19)

      (First Amended Complaint filed 8/16/19) (First Amended Complaint filed 12/4/19) (PTC set at S/C held 11/6/19)


      FR: 6-26-19; 8-7-19; 9-18-19; 11-6-19


      Docket 53

      *** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE AND EXTEND DATES AND DEADLINES ENTERED 3-27-2020 - (DOCKET NO. [58])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      1:30 PM

      CONT...

      Debtor(s):


      Luminance Recovery Center, LLC


      Chapter 7

      Luminance Recovery Center, LLC Represented By

      Jeffrey I Golden Beth Gaschen

      Defendant(s):

      Yellowstone Capital West, LLC Pro Se

      Plaintiff(s):

      Richard A. Marshack Represented By Jeffrey I Golden

      Trustee(s):

      Richard A Marshack (TR) Represented By

      D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

      Matthew Grimshaw

      10:00 AM

      8:20-10780


      Walter Scott Taylor and Patricia Ann Taylor


      Chapter 7


      #1.00


      Motion for relief from stay [Action In Non-Bankruptcy Forum]


      Dan Haight vs. DEBTORS (Motion filed 7/28/2020)


      [RE: Case Name: Haight v. Scott Taylor, Patricia Taylor, & All Unknown Occupants]

      [Docket Number: 30-2020-01124897]

      [Pending In: Orange County Superior Court, Central Justice Center] [Transferred From Harbor Justice Center]


      Docket 25


      Tentative Ruling:

      Tentative for 8/20/20 is to DENY for improper service, as Debtors were not served in accordance with LBR 4001-1(c)(1)(A).


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1616850945 Meeting ID: 161 685 0945

      Password: 916336


      If a participant is unable to send and receive audio through his/her computer,

      10:00 AM

      CONT...


      Walter Scott Taylor and Patricia Ann Taylor


      Chapter 7

      or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 685 0945

      Password: 916336


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Walter Scott Taylor Represented By Nicholas M Wajda

      Joint Debtor(s):

      Patricia Ann Taylor Represented By Nicholas M Wajda

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      10:00 AM

      8:20-11616


      Benjamin Navarro Morales


      Chapter 7


      #2.00


      Motion for relief from stay [Personal Property]


      Santander Consumer USA, Inc., dba Chrysler As Servicer For CCAP Auto Lease LTD. vs. DEBTOR

      (Motion filed 7/14/2020)


      [RE: 2019 Dodge Charger - VIN: 2C3CDXL96KH547278]


      Docket 7


      Tentative Ruling:

      Tentative for 8/20/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Benjamin Navarro Morales Represented By Christopher J Langley

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      10:00 AM

      8:20-11818


      Alexis Mae Williams


      Chapter 7


      #3.00


      Motion for relief from stay [Personal Property]


      Santander Consumer USA Inc. dba Chrysler Capital vs. DEBTOR (Motion filed 7/24/2020)


      [RE: 2019 Dodge Durango - VIN: 1C4RDHAG1KC535006]


      Docket 8


      Tentative Ruling:

      Tentative for 8/20/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Alexis Mae Williams Represented By Brian J Soo-Hoo

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:20-11970


      Gary Brian Hopkins


      Chapter 7


      #4.00


      Motion for relief from stay [Personal Property]


      ACAR Leasing LTD d/b/a GM Financial Leasing vs. DEBTOR (Motion filed 7/23/2020)


      [RE: 2020 Cadillac CT6 - VIN: 1G6KB5RS6LU100320]


      Docket 7


      Tentative Ruling:

      Tentative for 8/20/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1). The request for a 4001(a)(3) waiver is denied.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Gary Brian Hopkins Represented By Christopher J Langley

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      11:00 AM

      8:17-10929


      Lindley Fire Protection Co., Inc.


      Chapter 11


      #5.00


      CONT'D Hearing RE: Disclosure Statement Describing Chapter 11 Plan Of Liquidation Filed By Debtor Dated January 22, 2020

      (D.S. filed 1/22/2020)

      [Case transferred from CB on 7/31/2020]


      FR: 3-4-20; 5-27-20; 7-1-20; 7-29-20; 8-5-20


      Docket 400


      Tentative Ruling:

      Tentative for 8/20/20:


      Based on the Debtor's failure to undertake the steps to timely proceed with the approval of a Disclosure Statement, the case should probably be converted to Chapter 7.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1614530813 Meeting ID: 161 453 0813

      Password: 536933


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

      11:00 AM

      CONT...


      Lindley Fire Protection Co., Inc.


      Chapter 11

      audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 453 0813

      Password: 536933


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Lindley Fire Protection Co., Inc. Represented By

      Marc C Forsythe Charity J Manee James C Bastian Jr

      11:00 AM

      8:17-10929


      Lindley Fire Protection Co., Inc.


      Chapter 11


      #6.00


      CONT'D Hearing RE: Scheduling And Case Management Conference

      [Case transferred from CB on 7/31/2020]


      FR: 4-5-17; 5-4-17; 7-26-17; 9-13-17; 9-26-27; 10-4-17; 10-12-17; 10-25-17;

      12-6-17; 3-28-18; 4-25-18; 6-6-18; 12-12-18; 3-2719; 5-8-19; 7-24-19; 9-25-19

      10-9-19; 11-16-19; 11-13-19; 11-27-19; 12-18-19; 3-4-20; 5-27-20; 7-1-20;

      7-29-20


      Docket 1


      Tentative Ruling:

      Tentative for 8/20/20:


      Please refer to the Court's tentative on related matter #5.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1614530813 Meeting ID: 161 453 0813

      Password: 536933


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

      11:00 AM

      CONT...


      Lindley Fire Protection Co., Inc.


      Chapter 11

      conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 453 0813

      Password: 536933


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


      Party Information

      Debtor(s):

      Lindley Fire Protection Co., Inc. Represented By

      Marc C Forsythe

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11

      Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC


      #7.00


      CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:

      1. To Disallow Proof Of Claim;

      2. To Avoid Incurrence Of Debt;

      3. For Contractual Indemnity; And

      4. Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)


      FR: 4-4-19; 9-19-19; 12-19-19; 3-5-20; 5-28-20; 7-2-20


      Docket 1

      *** VACATED *** REASON: CONTINUED TO OCTOBER 22, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION REGARDING FURTHER CONTINUANCE OF DISCOVERY CUTOFF DATE AND PRE- TRIAL CONFERENCE ENTERED 7-27-2020 - (DOCKET NO. [53])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Timothy W Evanston


      Chapter 11

      Defendant(s):

      Luxury Asset Lending, LLC Represented By Richard Bunt

      David Moore Pro Se

      Jackman Industries, Inc. Represented By Thomas M Monson

      Plaintiff(s):

      Luxury Asset Purchasing Represented By Kyra E Andrassy

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11

      Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al


      #8.00


      CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

      1. Breach Of Guaranty Contracts;

      2. Breach Of Lease Agreement;

      3. Breach Of Security Instrument (Complaint filed 5/17/19)


      FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20; 7-16-20


      Docket 1


      Tentative Ruling:

      Tentative for 8/20/20 is to CONTINUE to October 22, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


      Appearances for the 8/20 hearing are excused.


      ********************************************************************************** Tentative for 7/16/20 is to CONTINUE to August 20, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


      Appearances for the 7/16 hearing are excused.


      *************************************************************************************** Tentative for 4/9/20 is to CONTINUE to July 16, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


      Plaintiff is required to submit its motion seeking approval of the settlement by no later than May 15, 2020.

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      Appearances for the 4/9 hearing are excused.


      ************************************************************************************* Tentative for 1/23/20:

      The Court has received and reviewed the status report filed 1/15/20 [Dk. 28] and will CONTINUE this status conference to April 9, 2020 at 11:00 a.m. A status report (whether joint or unilateral) for the April 9, 2020 hearing is due 14 days prior.


      The Court notes that settlement discussions were also referenced in a previous status report filed on 10/31/19 [Dk. 26]. Absent a showing of significant forward progress in the next status report, the Court will issue a scheduling order at the next status conference.


      Further, pursuant to the 11/7/19 tentative (set forth below), Plaintiff was instructed to file a status report 14 days in advance of this hearing (by 11/9/20). Plaintiff did not comply with this directive. Plaintiff also failed to timely file a status report for the 11/7/19 status conference, as directed by the 8/08/19 tentative (also set forth below). The Court will excuse the noncompliance in this instance; however, in light of the repeat violations, Plaintiff is cautioned that it may be subject to sanctions for future violations.


      Appearances are excused.


      *************************************************************************** Tentative for 11/07/19:


      The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.


      The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      Appearances are excused.


      ************************************************************************************** Tentative for 8/08/19:


      This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.


      Appearances are excused.


      Debtor(s):


      Party Information

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

      Defendant(s):

      Suneet Singal Pro Se

      First Capital Real Estate Pro Se

      Stephen Howell Pro Se

      Central Valley Gas Stations Atwater Pro Se

      Plaintiff(s):

      TD REO Fund, LLC Represented By Michael W Davis

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      TD Opportunity Fund, LLC Represented By Michael W Davis

      11:00 AM

      8:17-12003


      Equity Indexed Managed Fund LLC


      Chapter 11

      Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al


      #9.00


      Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 7/27/2020)


      Docket 67


      Tentative Ruling:

      Tentative for 8/20/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Equity Indexed Managed Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Steven (Steve) Goldschmied Pro Se

      Newport Investments, LLC Pro Se

      11:00 AM

      CONT...


      Equity Indexed Managed Fund LLC


      Chapter 11

      Plaintiff(s):

      Equity Indexed Managed Fund, LLC Represented By

      Michael W Davis Talin Keshishian Jorge A Gaitan

      11:00 AM

      8:19-12739


      Maria Julia Higueros


      Chapter 11


      #10.00


      Hearing RE: Motion For Entry Of Discharge, Final Decree And Order Closing Debtor's Chapter 11 Case

      (Motion filed 7/23/2020)


      Docket 86


      Tentative Ruling:

      Tentative for 8/20/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #11.00


      CONT'D Hearing RE: Debtor's Motion For Disallowing Claim: (Motion filed 2/4/2020)


      Claim Number: 48-1 Lorelei Mooney, $111,000.00

      Herbert and Helen Schweiger Trust, a Trust

      ARI-DFW East & West 9, L.P., a Delaware Limited Partnership

      Gary Lamm, James Mieul


      FR: 3-5-20; 4-9-20; 6-25-20


      Docket 76

      *** VACATED *** REASON: CONTINUED TO OCTOBER 22, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING AND RELATED DEADLINES ENTERED 8-4-2020 - (DOCKET NO. [266])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      Movant(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #12.00


      CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

      (Petition filed 9/26/19)


      FR: 11-21-19; 1-9-20; 4-16-20; 8-6-20


      Docket 5

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 24, 2020 AT 11:00 A.M. PER ORDER GRANTING STIPULATION TO CONTINUE HEARING ENTERED 8-12-2020 - (DOCKET NO. [270])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      11:00 AM

      8:19-13728


      Thompson National Properties, LLC


      Chapter 11


      #13.00


      CONT'D Hearing RE: Motion Of Cohen & Burnett To Convert Chapter 11 Case To Chapter 7, Or In The Alternative Appointment Of A Chapter 11 Trustee Or Examiner

      (Motion filed 6/25/2020) FR: 7-16-20; 8-6-20

      Docket 223

      *** VACATED *** REASON: CONTINUED TO SEPTEMBER 24, 2020 AT 11:00 A.M. PER ORDER GRANTING STIPULATION TO CONTINUE HEARING ENTERED 8-12-2020 - (DOCKET NO. [270])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Thompson National Properties, LLC Represented By

      Leonard M Shulman

      Movant(s):

      Cohen & Burnett Represented By Alan I Nahmias Scott H Noskin

      11:00 AM

      8:20-10754


      Gary Song Jiunn Mor


      Chapter 11


      #14.00


      CONT'D Hearing RE: Amended Motion Authorizing The Assumption And Rejection Of Real And Personal Property Leases

      (Motion filed 5/15/20)

      (Amended Motion filed 6/30/2020) FR: 6-25-20

      Docket 54


      Tentative Ruling:

      Tetnative for 8/20/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      ************************************************************************************** Tentative for 6/25/20 is to CONTINUE to August 20, 2020 at 11:00 a.m.


      While the motion seeks court authority to assume and reject real and personal property leases, the caption of the motion indicates that Debtor seeks only assumption of the specified leases. As such, service of the motion may not have put parties on notice that Debtor seeks to reject leases. Debtor is directed to file and serve an amended motion to clarify notice and the scope of the motion prior to the continued hearing and pursuant to local and federal

      11:00 AM

      CONT...

      rules.


      Gary Song Jiunn Mor


      Chapter 11


      Appearances for the 6/25 hearing are excused.

      Party Information

      Debtor(s):

      Gary Song Jiunn Mor Represented By Andy C Warshaw

      11:00 AM

      8:20-11339


      Rockport Development, Inc.


      Chapter 11


      #15.00


      Hearing RE: Motion For Order: (1) Authorizing Sale (A) Outside The Ordinary Course Of Business; (B) Free And Clear Of Liens, Claims, And Encumbrances;

    3. Subject To Overbid; And (D) For Determination Of Good Faith Purchaser Under 11 U.S.C. Section 363(m)

(Motion filed 7/28/2020) (Amended Notice filed 7/29/2020)


Docket 206


Tentative Ruling:

Tentative for 8/20/20 is to APPROVE overbid procedures, and conduct an auction.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1614530813 Meeting ID: 161 453 0813

Password: 536933


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Rockport Development, Inc.


Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 453 0813

Password: 536933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-11923


Linda Flora, LLC


Chapter 11


#16.00


STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 7/6/2020)


Docket 0


Tentative Ruling:

Tentative for 8/20/20:


Pursuant to the Court's tentative on related matter #17, this status conference shall be continued to September 24, 2020, at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1614530813 Meeting ID: 161 453 0813

Password: 536933

11:00 AM

CONT...

Linda Flora, LLC

Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 453 0813


Password: 536933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Linda Flora, LLC Represented By Randy Chang

Trustee(s):

Robert Paul Goe (TR) Pro Se

11:00 AM

8:20-11923


Linda Flora, LLC


Chapter 11


#17.00


Motion for relief from stay [Real Property]


Anchor Loans, LP vs. DEBTOR (Motion filed 7/28/2020)


[RE: 1110 Linda Flora Drive, Los Angeles, CA 90049]


Docket 18


Tentative Ruling:

Tentative for 8/20/20 is to GRANT pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2).


Movant has provided sufficient supporting evidence to warrant relief from the automatic stay. Debtor’s argument that the property is necessary for reorganization, while supported by declaration, is based on speculation regarding the possibility of reorganization, and so does not meet its burden under § 362(g).


The mere indispensability of the property to the debtor's survival and the debtor's hopes of reorganization are insufficient to justify continuation of the stay when reorganization is not reasonably possible. In re Timbers of Inwood Forest Assocs., Ltd., 808 F.2d 363, 370–71 (5th Cir. 1987), aff'd sub nom.

United Sav. Ass'n of Texas v. Timbers of Inwood Forest Assocs., Ltd., 484 U.S. 365, 108 S. Ct. 626, 98 L. Ed. 2d 740 (1988).


In addition to the foregoing, the Court is inclined to issue an Order to Show Cause (OSC) for why this case should not be converted to Chapter 7, or dismissed. The hearing on the OSC shall be held on September 24, 2020, at 11:00 a.m., with responses due by not later than September 3, 2020.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and

11:00 AM

CONT...


Linda Flora, LLC


Chapter 11

videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1614530813 Meeting ID: 161 453 0813

Password: 536933

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 453 0813

Password: 536933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

11:00 AM

CONT...

Debtor(s):


Linda Flora, LLC


Chapter 11

Linda Flora, LLC Represented By Randy Chang

Trustee(s):

Robert Paul Goe (TR) Pro Se

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11


#18.00


STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 7/7/2020)


Docket 9

*** VACATED *** REASON: CONTINUED TO OCTOBER 8, 2020 AT 11:00 A.M. PER ORDER: (1) GRANTING REQUEST TO EXPAND SCOPE OF TRUSTEE'S DUTIES (2) VACATING AUGUST 20 HEARINGS AND CONTINUING STATUS CONFERENCE ENTERED 8- 14-2020 - (DOCKET NO. [30])

Tentative Ruling:

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

Riverside

Judge Scott Clarkson, Presiding Courtroom 126 Calendar


Tuesday, August 25, 2020

Hearing Room

126


9:30 AM

6:19-10538


Raymond Richard Quinto,, Jr.


Chapter 7

Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al


#2.00


TRIAL re: Complaint by Steven M Speier, Chapter 7 Trustee against Jeffrey Pont, Shantal Pont for: (1) Avoidance and Recovery of Fraudulent Transfers Pursuant to §§ 544, 548, 550 and CA Civ. Code §§ 3439.04, 3439.07; and (2) Preservation of Avoided and Recovered Transfers Pursuant to § 551.


Docket 1

Party Information

Debtor(s):

Raymond Richard Quinto, Jr. Represented By John D Faucher

Defendant(s):

Jeffrey Pont Pro Se

Shantal Pont Pro Se

Plaintiff(s):

Steven M Speier, Chapter 7 Trustee Represented By

Robert P Goe Ryan S Riddles

Trustee(s):

Steven M Speier (TR) Represented By Robert P Goe

Elizabeth A LaRocque

9:30 AM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


#1.00


CONT'D TRIAL RE: Complaint Objecting To Debtor's Discharge Under 11

U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

(Complaint filed 1/4/19)

(TRIAL set at PTC held 12/18/19)

[Trial set as "initial Trial date per Order Entered 3/19/2020]


FR: 4-3-19; 12-18-19; 4-20-20; 6-16-20; 7-28-20


Docket 1

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Tim M McKenna Represented By Michael G Spector

Plaintiff(s):

Law Offices of Michelle J. Sukhov, Represented By

Michelle J Nelson Roger F Friedman

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

11:00 AM

8:17-12018


WJA Secure Income Fund LLC


Chapter 11

Adv#: 8:19-01092 WJA Secure Income Fund, LLC v. Winget, Spadafora & Schwartzberg, LLP


#3.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Unjust Enrichment AND Third-Party Complaint Against William M. Jordan For (1) Breach Of Contract - Third Party Beneficiary, (2) Quantum Meruit, (3) Unjust Enrichment, (4) Implied Indemnity, (5) Equitable Indemnity, (6) Contribution,

And (7) Declaratory Relief (Complaint filed 5/17/19)

(Third-Party Complaint filed 7/17/19) (Another Summons issued 7/29/19) (PTC set at S/C held 10/2/19)


FR: 8-8-19; 10-2-19; 2-27-20


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 3, 2020 AT 11:00 A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 6-5-2020 - (DOCKET NO. [29])

Party Information

WJA Secure Income Fund LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

Defendant(s):

Winget, Spadafora & Schwartzberg, Represented By

David M Goodrich

Arto J. Nuutinen Represented By Arto J Nuutinen

Plaintiff(s):

WJA Secure Income Fund, LLC Represented By Michael W Davis Talin Keshishian

11:00 AM

CONT...


WJA Secure Income Fund LLC


Corey R Weber


Chapter 11

10:00 AM

6:19-17028


Chet L. Millerd


Chapter 7


#1.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/7/20)


Re: 2017 Toyota Tacoma


Docket 31


Tentative Ruling:

Tentative for 9/1/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Chet L. Millerd Represented By April E Roberts

10:00 AM

CONT...

Trustee(s):


Chet L. Millerd


Chapter 7

Lynda T. Bui (TR) Pro Se

10:00 AM

6:20-12413


Rodolfo Benavente Martinez


Chapter 7


#2.00


ZBS Law, LLP - movant attorney Motion for Relief from Stay

CIT Bank vs. DEBTOR (Motion filed 5/22/20) (Cont. from 7/14/20)


Re: 26325 MISSION RD, LOMA LINDA, CA 92354


Docket 12


Tentative Ruling:

Tentative for 9/1/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.


**************************************************************************** Tentative for 7/14/20 is to CONTINUE to September 1, 2020 at 10:00 a.m.

10:00 AM

CONT...


Rodolfo Benavente Martinez


Chapter 7

This matter was previously continued by an Order entered June 12, 2020 [Dk. 14] to allow Movant to properly serve Mission Creek Homeowners Association ("HOA"). The Court set a service deadline of June 20, 2020 and cited applicable rules which require service to be made to an "officer" or "agent" of the organization. FRBP 7004(b)(3).


Movant's Supplemental Proof of Service filed on June 22, 2020 [Dk. 16] indicates that service to the HOA was rendered after the Court-ordered deadline and to an entity and address which is not properly identified as an agent for service of process.


In light of the foregoing, this matter shall be CONTINUED to September 1, 2020 at 10:00 a.m., and Movant shall be required to properly serve this motion on the HOA no later than July 30, 2020.


Appearances for the 7/14 hearing are excused.

Party Information

Debtor(s):

Rodolfo Benavente Martinez Represented By Brian J Soo-Hoo

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-13285


Donald St. Peter


Chapter 7


#3.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 7/27/20)


Re: 2016 Nissan Versa


EH            


Docket 12


Tentative Ruling:

Tentative for 9/1/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Donald St. Peter


Chapter 7

Donald St. Peter Represented By

James D. Hornbuckle

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:20-13592


Richard Anthony Castro


Chapter 7


#4.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 6/29/20)


Re: 2015 Scion


EH            


Docket 13


Tentative Ruling:

Tentative for 9/1/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Richard Anthony Castro


Chapter 7

Richard Anthony Castro Represented By Suzette Douglas

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:20-14449


Cesar Villagran and Karina Valdez


Chapter 7


#5.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

First Investors Financial Services vs DEBTORS; ARTURO CISNEROS (Motion filed 7/28/20)


RE: 2013 Nissan Xterra, VIN: 5N1AN0NU0DN816180


EH        


Docket 8


Tentative Ruling:

Tentative for 9/1/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Cesar Villagran and Karina Valdez


Chapter 7

Cesar Villagran Represented By Andrew Nguyen

Joint Debtor(s):

Karina Valdez Represented By Andrew Nguyen

Movant(s):

First Investors Financial Services Represented By

Sheryl K Ith

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-14760


Nancy Magdaleno


Chapter 7


#6.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/31/20)


Re: 2018 Toyota 4Runner


EH        


Docket 9


Tentative Ruling:

Tentative for 9/1/20:


Grant pursuant to 11 U.S.C. § 362(d)(1). The request for relief under § 362(d)

(2) is denied as Movant has not provided admissible evidence of value and equity. The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Nancy Magdaleno


Chapter 7

Nancy Magdaleno Represented By Paul Y Lee

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:18-20287


Charles Braden


Chapter 7


#7.00


Hrg re Status Conference on Debtor's Compliance with Order and Whether an Order to Show Cause re Civil Contempt should be entered for the Debtor's Failure to Comply


(Cont. from 7/14/20)


EH            


Docket 0

*** VACATED *** REASON: Order Continuing Status Conference on Debtor's Complaince with Order to Show Cause continued to 11/3/20 @ 11:00 a.m. by order entered on 8/21/20 -jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Braden Represented By Natalie A Alvarado

Trustee(s):

John P Pringle (TR) Represented By Brandon J Iskander Melissa Davis Lowe

1:30 PM

6:18-12715


Big Bear Bowling Barn, Inc.


Chapter 11


#8.00


Hrg. on Post Confirmation Status Conference EH            

(Hrg. cont. from 6/6/20)


Docket 0

*** VACATED *** REASON: Cont. to 9/29/20 @ 1:30 p.m. by order signed and entered on 8/20/20 - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#9.00


Hrg. on chapter 11 status conference EH            

Docket 0

*** VACATED *** REASON: CONTINUED TO 10/6/20 AT 1:30 PM PER ORDER ENTERED ON 8/7/20 - slh

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

10:00 AM

6:20-13027


Yazmin Gonzalez


Chapter 7


#1.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and American Honda Finance Corporation, in the amount of $22,975.98


Re: 2016 Honda CRV


Docket 12


Tentative Ruling:

Tentative for 9/2/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615386750 Meeting ID: 161 538 6750

Password: 906959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 538 6750

10:00 AM

CONT...


Yazmin Gonzalez


Chapter 7


Password: 906959


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Yazmin Gonzalez Represented By Daniel King

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:20-13238


Edward Rendon and Maria Verduzco


Chapter 7


#2.00


Hrg. on approval of Reaffirmation Agreement filed 7/31/20 Between Debtor and CarMax Auto Finance, in the amount of $15,503.02


Re: 2016 Hyundai Santa Fe


Docket 19


Tentative Ruling:

Tentative for 9/2/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615386750 Meeting ID: 161 538 6750

Password: 906959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 538 6750

10:00 AM

CONT...


Edward Rendon and Maria Verduzco


Chapter 7


Password: 906959


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Edward Rendon Represented By Vikrant Chaudhry

Joint Debtor(s):

Maria Verduzco Represented By Vikrant Chaudhry

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-13238


Edward Rendon and Maria Verduzco


Chapter 7


#3.00


Hrg. on approval of Reaffirmation Agreement filed 8/3/20 Between Debtors and TD Auto Finance LLC, in the amount of $16,499.05


Re: 2014 Mercedes-Benz ML 350


Docket 22


Tentative Ruling:

Tentative for 9/2/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615386750 Meeting ID: 161 538 6750

Password: 906959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 538 6750

10:00 AM

CONT...


Edward Rendon and Maria Verduzco


Chapter 7


Password: 906959


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Edward Rendon Represented By Vikrant Chaudhry

Joint Debtor(s):

Maria Verduzco Represented By Vikrant Chaudhry

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-13238


Edward Rendon and Maria Verduzco


Chapter 7


#4.00


Hrg. on approval of Reaffirmation Agreement filed 8/4/20 Between Debtor and Golden 1 Credit Union, in the amount of $ 40,012.04


Re: 2017 Dodge Truck


Docket 24


Tentative Ruling:

Tentative for 9/2/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615386750 Meeting ID: 161 538 6750

Password: 906959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 538 6750

10:00 AM

CONT...


Edward Rendon and Maria Verduzco


Chapter 7


Password: 906959


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Edward Rendon Represented By Vikrant Chaudhry

Joint Debtor(s):

Maria Verduzco Represented By Vikrant Chaudhry

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-13444


Martha Villalobos


Chapter 7


#5.00


Hrg. on approval of Reaffirmation Agreement filed 7/20/20 Between Debtor and American Honda Finance Corporation, in the amount of $10,244.26


Re: 2020 Honda Civic


Docket 10


Tentative Ruling:

Tentative for 9/2/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615386750 Meeting ID: 161 538 6750

Password: 906959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Martha Villalobos


Chapter 7

Meeting ID: 161 538 6750

Password: 906959


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Martha Villalobos Represented By Marlin Branstetter

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:18-14917


Hao Wang


Chapter 7

Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang


#17.00


PRE-TRIAL CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Hao Wang - 727(c),(d),(e)


EH            


Docket 1

*** VACATED *** REASON: Cont. to 12/16/20 @ 1:30 p.m. by order signed on 6/10/20 (doc. 23) jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hao Wang Represented By

Sam X J Wu

Defendant(s):

Hao Wang Pro Se

Plaintiff(s):

United States Trustee for the Central Represented By

Everett L Green Abram Feuerstein esq

Trustee(s):

Arturo Cisneros (TR) Represented By Thomas H Casey

1:30 PM

6:19-13251


David Henry Hilton, Jr.


Chapter 7

Adv#: 6:19-01110 Redd v. Hilton, Jr.


#18.00


Hrg. on Plaintiff's Motion filed 7/21/20 For Summary Judgment EH            

Docket 38

*** VACATED *** REASON: Cont. to 10/21/20 @ 1:30 by order entered on 7/27/20 (doc. 44)- jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

David Henry Hilton Jr. Pro Se

Defendant(s):

David Henry Hilton Jr. Pro Se

Movant(s):

LaToya S Redd Pro Se

Plaintiff(s):

LaToya S Redd Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:19-14496


Jorge Alberto Blas-Sanchez


Chapter 7

Adv#: 6:19-01119 B. SPRAGG ENTERPRISES LLC v. Blas-Sanchez


#19.00


PRE-TRIAL CONFERENCE re: Complaint by B. Spragg Enterprises LLC against Jorge Alberto Blas-Sanchez - §§ 523(a)(2), 523(a)(4)


EH            


(Cont. from 6/10/20)


Docket 1

*** VACATED *** REASON: Order Approving Stipulation for Settlement of Adversary Action and Dismissing case entered on 8/25/20 (doc. 20) - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge Alberto Blas-Sanchez Represented By Todd L Turoci

Defendant(s):

Jorge Alberto Blas-Sanchez Represented By

Richard L. Sturdevant

Joint Debtor(s):

Alicia Espinoza Represented By Todd L Turoci

Plaintiff(s):

B. SPRAGG ENTERPRISES LLC Represented By

Kathy McCormick

1:30 PM

CONT...

Trustee(s):


Jorge Alberto Blas-Sanchez


Chapter 7

Karl T Anderson (TR) Pro Se

1:30 PM

6:19-19414


Jacob Dorsten


Chapter 7

Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten


#20.00


Hrg. on Plaintiff's Amended Motion for Default Judgment


(Cont. from 5/27/20; 8/5/20)


Docket 21


Tentative Ruling:

Tentative for 9/2/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.


************************************************************************************** Tentative for 8/5/20 is to CONTINUE to September 2, 2020, to allow Plaintiff to refile a properly authenticated legible Retail Installment Sale Contract, which is attached as Exhibit C to the Declaration of Mathew Kane [Dk. 37]. Additionally, Plaintiff should supplement the Declaration of Mathew Kane to explain how Exhibit C came into Plaintiff's possession, and the extent of Plaintiff's personal knowledge of the document.


Plaintiff must complete the foregoing by no later than August 19, 2020.

1:30 PM

CONT...


Jacob Dorsten


Chapter 7

Appearances for the 8/5 hearing are excused.


*************************************************************************************** Tentative for 5/27/20 is to DENY without prejudice.


Plaintiff seeks a default judgment pursuant to 11 U.S.C. § 523(a)(6) for Defendant’s alleged willful and malicious conduct in connection with a vehicle loan from Plaintiff's predecessor for a 2014 Hyundai Accent, secured by a first priority lien. Plaintiff alleges that Defendant conspired with his father (who allegedly owns a tow business) to conduct a lien sale of the Vehicle, thereby depriving the Plaintiff of its security.


Notwithstanding the foregoing, Plaintiff does not provide sufficient evidence to support its claim under 11 U.S.C. § 523(a)(6).


"Entry of a default by the bankruptcy court clerk does not automatically entitle a plaintiff to entry of a default judgment." In re Villegas, 132 B.R. 742, 746 (B.A.P. 9th Cir. 1991). The court has wide discretion under Rule 55 to consider whether the evidence presented in support of a claim warrants default judgment for the plaintiff. In re Beltran, 182 B.R. 820, 823–24 (9th Cir. BAP 1995). The Ninth Circuit has held that "[a]n intentional breach of contract is excepted from discharge under § 523(a)(6) only when it is accompanied by malicious and willful tortious conduct." In re Jercich, 238 F.3d 1202, 1206 (9th Cir. 2001).


Plaintiff's evidence consists of the Declaration of Matthew Kane filed April 29, 2020 [Dk. 23], in which Mr. Kane testifies at ¶9 "upon information and belief" as to an alleged conspiracy to conduct the lien sale and deprive Plaintiff of its security. By its very terms, this testimony lacks personal knowledge. Plaintiff also relies on ¶10 of Mr. Kane's declaration, which describes Defendant's testimony at his §341 a meeting of creditors and the statements contained in Defendant's petition, which simply provide Defendant's position as to what happened to the Vehicle. In ¶10, Mr. Kane states that he "believes" the foregoing statements are false, and "made with the intent to cause willful and malicious injury to Plaintiff by further concealing the truth of the lien sale that occurred with respect to the Vehicle." However, no facts are provided from which the Court may find a basis for Plaintiff's "belief" and which demonstrate

1:30 PM

CONT...


Jacob Dorsten


Chapter 7

that Defendant engaged in willful and malicious conduct sufficient to warrant the granting of a default judgment pursuant to § 523(a)(2)(6). Accordingly, the Motion is DENIED without prejudice.


Plaintiff is to file an amended motion for default judgment by no later than July 3, 2020. Plaintiff may use the procedures in the local rules to have it determined without a hearing, or set it for hearing, utilizing the Court's self- calendaring procedures (available on the Court's website), at Plaintiff's election.

Party Information

Debtor(s):

Jacob Dorsten Represented By David L Nelson

Defendant(s):

Jacob Dorsten Pro Se

Movant(s):

HLS of Nevada, LLC d.b.a. Nevada Represented By

Nathan F Smith Kelli M Brown

Plaintiff(s):

HLS of Nevada, LLC d.b.a. Nevada Represented By

Nathan F Smith Kelli M Brown

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:19-19414


Jacob Dorsten


Chapter 7

Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten


#21.00


STATUS CONFERENCE re: Complaint by HLS of Nevada, LLC d.b.a. Nevada West Financial, a Nevada limited liability company against Jacob Dorsten - § 523(a)(6)


EH            


(Cont. from 6/10/20; 8/5/20)


Docket 1


Tentative Ruling:

Tentative for 9/2/20:


In light of the Court's tentative on related matter #20, this status conference will be taken off calendar.


Appearances for the 9/2 hearing are excused.


************************************************************************************* Tentative for 8/5/20 is to CONTINUE to September 2, 2020, to be heard concurrently with the continued hearing on Plaintiff's amended motion for default judgment.


Appearances for the 8/5 hearing are excused.


*************************************************************************************** Tentative for 4/15/20 is to CONTINUE this status conference to June 10, 2020 at 1:30 p.m. A status report (either unilateral or joint) is due 14 days before the hearing.


A Request for Entry of Default was filed on 3/12/20 [Dk. 14]. On 3/13/20, Notice that a Default Has Not Been Entered was served on the Plaintiff [Dk. 15]. The Court notes that, as of the posting of this tentative, the docket does

1:30 PM

CONT...


Jacob Dorsten


Chapter 7

not reflect any further activity. Plaintiff should file a motion for default judgment by no later than 5/1/20.


The Court notes that a unilateral status report has not been filed. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued 1/24/20 [Dk. 4]. Plaintiff is cautioned that future non-compliance with applicable LBRs and/or court instructions may result in the imposition of monetary or non-monetary sanctions.


Appearances for the 4/15 hearing are excused.

Party Information

Debtor(s):

Jacob Dorsten Represented By David L Nelson

Defendant(s):

Jacob Dorsten Pro Se

Plaintiff(s):

HLS of Nevada, LLC d.b.a. Nevada Represented By

Nathan F Smith Kelli M Brown

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:20-11936


Yun Ho Choi


Chapter 7

Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


#22.00


STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - Dischargeability - 523(a)(2) (false pretenses, false representation, actual fraud; 523(a)(4) (fraud as fiduciary, embezzlement, larceny), 523(a)(6) (willful and malicious injury)


EH         


Docket 1


Tentative Ruling:

Tentative for 9/2/20 is to CONTINUE to November 4, 2020 at 1:30 p.m., in light of the representation in Plaintiff's Unilateral Status Report [Dk. 4] that the parties are engaged in settlement discussions. A status report (unilateral or joint), which contains details regarding the status of settlement discussions and proposed dates for completion of discovery, trial readiness, etc., shall be due no later than 14 days before the continued status conference.


Appearances for the 9/2 hearing are excused.

Party Information

Debtor(s):

Yun Ho Choi Represented By

Young K Chang

Defendant(s):

Yun Ho Choi Pro Se

Plaintiff(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

CONT...


Yun Ho Choi


Chapter 7

1:30 PM

6:20-11955


Jakob Jeremy Fite


Chapter 7

Adv#: 6:20-01113 Sarno et al v. Fite et al


#23.00


STATUS CONFERENCE re: Complaint by John Sarno, Leslee Sarno against Jakob Jeremy Fite, Melissa Legaspi Fite - §523(a)(6)


EH            


Docket 1

*** VACATED *** REASON: Order Granting Relief from Stay (Action in Bankruptcy Forum) entered on 8/25/20, 6:20-11955-SC, (doc. 30) which also vacates status conference on case 6:20-01113-SC set on 9/2/20 - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jakob Jeremy Fite Represented By Glenn Park

Defendant(s):

Jakob Jeremy Fite Pro Se

Melissa Legaspi Fite Pro Se

Joint Debtor(s):

Melissa Legaspi Fite Represented By Glenn Park

Plaintiff(s):

John Sarno Represented By

Chad A Vierra

Leslee Sarno Represented By

Chad A Vierra

1:30 PM

CONT...

Trustee(s):


Jakob Jeremy Fite


Chapter 7

Arturo Cisneros (TR) Pro Se

11:00 AM

8:16-10597


Genesis Title Holding Corporation


Chapter 7


#6.00


Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 7/23/2020)


[RE: THOMAS H. CASEY - Chapter 7 Trustee] [Fees: $8,453.02; Expenses: $384.65]


[RE: WEILAND GOLDEN GOODRICH LLP - Attorneys For Trustee] [Fees: $16,310.00; Expenses: $37.90]


[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $2,184.00; Expenses: $445.40]


[RE: BERT BROINES - Attorney For Debtor-In-Possession] [Fees: $5,561.00; Expenses: $2,320.38]


Docket 0


Tentative Ruling:

Tentative for 9/2/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

11:00 AM

CONT...


Genesis Title Holding Corporation


Chapter 7


Trustee to lodge an order within seven (7) days.


Party Information

Debtor(s):

Genesis Title Holding Corporation Represented By

Bert Briones

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen

11:00 AM

8:17-12003


Equity Indexed Managed Fund LLC


Chapter 11

Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al


#7.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Breach Of Contract (Promissory Note)


FR: 8-8-19; 11-7-19; 1-23-20; 4-1-20; 5-27-20


Docket 36

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR DEFAULT JUDGMENTS AGAINST DEFENDANTS STEVEN (STEVE) GOLDSCHMIED AND NEWPORT INVESTMENTS, LLC, A UTAH LIMITED LIABILITY COMPANY ENTERED 8-25-2020 - (DOCKET NO. [70]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Equity Indexed Managed Fund LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

Defendant(s):

Steven (Steve) Goldschmied Pro Se

Newport Investments, LLC Pro Se

Plaintiff(s):

Equity Indexed Managed Fund, LLC Represented By

Michael W Davis Talin Keshishian Jorge A Gaitan

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


#8.00


STATUS CONFERENCE Hearing RE: Complaint:

  1. Violation Of Automatic Stay/Discharge Injunction;

  2. 11 USC Section 525(a) Violation (Complaint filed 6/4/2020)


Docket 1

*** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 11:00 A.M. PER ORDER STAYING PROCEEDING, VACATING HEARING AND SETTING STATUS CONFERENCE ENTERED 7-24-2020

- (DOCKET NO. [31])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

Timothy Byer, Esq Represented By Suzanne C Grandt James J Chang

State Bar Of California Represented By Suzanne C Grandt James J Chang

Nira Woods Pro Se

Devin Lucas, Esq Pro Se

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E de Leest Sonia Singh

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company


#9.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Breach Of Contract;

  2. Reformation For Unilateral Mistake;

  3. Reformation For Fraud;

  4. Unconscionability; and

  5. Breach Of Duty Of Good Faith And Fair Dealing (Complaint filed 6/16/2020)


Docket 1


Tentative Ruling:

Tentative for 9/2/20 is to CONTINUE to September 30, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 9/2 hearing are excused.

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

Plaintiff(s):

Richard A Marshack Represented By Christopher O Rivas

11:00 AM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01048 Marshack v. Queen Funding LLC


#10.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:

  1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

  2. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);

  3. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

  4. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

  5. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

  6. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

  7. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

  8. Fraud;

  9. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

    And

  10. Declaratory Relief; And

  11. Usury

    (Complaint filed 3/20/19)

    (Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)

    (PTC converted to S/C per Order Entered 6-24-2020 (docket no. [24])


    FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 5-27-20; 7-1-20 at 10:00

    a.m.; 7-1-20


    Docket 31

    Tentative Ruling:

    Tentative for 9/2/20 is to CONTINUE to September 30, 2020 at 11:00 a.m. to be heard concurrently with Plaintiff's motion to strike filed August 11, 2020 [Dk. 58]. A status report is not required.

    11:00 AM

    CONT...

    Luminance Recovery Center, LLC

    Chapter 7

    Appearances for the 9/2 hearing are excused.


    **************************************************************************** Tentative for 7/1/20 is to CONTINUE to September 2, 2020 at 11:00 a.m.


    As of the posting of this tentative, the parties have not filed a pretrial stipulation in compliance with the requirements of LBR 7016-1(b). If the parties fail to comply with applicable rules and instructions in the future, the Court may dismiss this adversary proceeding pursuant to LBR 7016-1(f).


    Appearances for the 7/1 hearing are excused.


    *********************************************************************************** Tentative for 11/06/19:


    The Court is inclined to set the following dates/deadlines:


    1. Discovery cutoff: March 06, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: April 17, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: May 27, 2020 at 11:00 a.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.


********************************************************************************** Tentative for 6/26/19:


This matter is CONTINUED to September 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7


Appearances are excused.


Debtor(s):


Party Information

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Queen Funding LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch

11:00 AM

8:18-13145


James L Conkey


Chapter 7

Adv#: 8:18-01212 Saab et al v. Conkey


#11.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Second Amended Complaint To Determine Dischargeability Of Debt

(Complaint filed 12/3/18)

Advanced from 11/6/19 - Order Entered 8-15-19) (Second Amended Complaint filed 3/19/19) (PTC set at S/C held 12/18/19)


FR: 2-27-19; 5-1-19; 5-15-19; advanced from 11-6-19; 9-18-19; 12-18-19


Docket 22

*** VACATED *** REASON: CONTINUED TO DECEMBER 16, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION AND AMENDING STATUS CONFERENCE AND SCHEDULING ORDER ENTERED 5-14-2020 - (DOCKET NO. [71])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James L Conkey Represented By Laleh Ensafi

Defendant(s):

James L Conkey Represented By Donald W Reid

Plaintiff(s):

Camil Saab Represented By

Douglas Jaffe

Helou Saab, Inc. Represented By Douglas Jaffe

11:00 AM

CONT...

Trustee(s):


James L Conkey


Chapter 7

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:18-13666


Brooks T Morgan


Chapter 7

Adv#: 8:19-01174 Casey v. Morgan


#12.00


Hearing RE: Motion Of Plaintiff Trustee For Award Of Attorneys' Fees (Motion filed 6/29/2020)


Docket 20


Tentative Ruling:

Tentative for 9/2/20 is to GRANT the application with reduction of attorney fees by 25%, resulting in a fee award of $24,180.37.


Trustee seeks $32,240.50 in fees and $538.20 in costs, as prevailing party in the adversary proceeding against Defendant, avoiding a transfer of a 16.9% interest in Arroyo Investment Properties, LLC ("Property"). Trustee is entitled to fees, pursuant to In re Penrod, 802 F.3d 1084, 1089 (9th Cir. 2015), and the broadly worded attorneys' fees provision of the post-marital agreement entered into between Debtor and Defendant, which facilitated the transfer of the Property.


The language of the post-marital agreement entitles attorney's fees to the prevailing party of "any action brought to set aside, enforce or interpret the terms of the Agreement or otherwise relating to this Agreement." [Dk. 20; Pg. 7] (emphasis added).


The party seeking fees must show the total fees incurred were reasonable. Mardirossian & Assocs., Inc. v. Ersoff, 153 Cal. App. 4th 257, 272, 62 Cal. Rptr. 3d 665, 677 (2007). Factors relevant to a reasonableness 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. Id.


Upon reviewing the record and evidence in this matter, the Court determines that the results obtained within the scope of the particular action were

11:00 AM

CONT...


Brooks T Morgan


Chapter 7

achieved (or at least achievable) months sooner, and many thousands of dollars in fees less, than the final terminus of the action.


The additional growth of the requested fees from approximately $12,000.00 to

$32,240.50, in light of the Trustee’s rejection of Defendant's prior settlement offer regarding all claims, except attorney’s fees, significantly impacts the aforementioned reasonableness factors.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1601660183 Meeting ID: 160 166 0183

Password: 650511

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 166 0183

Password: 650511

For further details, please consult the instructions on the Court’s website

11:00 AM

CONT...

Brooks T Morgan

Chapter 7

https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Brooks T Morgan Represented By

Catherine Christiansen

Defendant(s):

Elizabeth Morgan Represented By William J Wall

Movant(s):

Thomas H. Casey Represented By Thomas H Casey

Plaintiff(s):

Thomas H. Casey Represented By Thomas H Casey

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

11:00 AM

8:19-10349


Sukeinah Hassan Kassir


Chapter 7


#13.00


Hearing RE: Debtor's Objection To Claim: (Motion filed 8/1/2020)


Claim No. 1 Hassan Essayli $117,443.94


Docket 84


Tentative Ruling:

Tentative for 9/2/20 is to treat this claim objection as an adversary proceeding, and set the following dates and deadlines:


  1. Discovery cutoff: December 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Pretrial conference: January 20, 2021 at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules, including but not limited to LBR 7016-1(b).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1601660183 Meeting ID: 160 166 0183

Password: 650511

11:00 AM

CONT...


Sukeinah Hassan Kassir


Chapter 7


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 166 0183

Password: 650511


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Sukeinah Hassan Kassir Represented By Vikrant Chaudhry

Trustee(s):

Richard A Marshack (TR) Represented By Donald W Sieveke

11:00 AM

8:19-11389


Kiet Tuan Tran


Chapter 7

Adv#: 8:20-01062 Kosmala v. Ho


#14.00


Hearing RE: Motion Of Chapter 7 Trustee For Summary Judgment Against Ngan Kim Ho

(Motion filed 7/22/2020)


Docket 9


Tentative Ruling:

Tentative for 9/2/20:


Plaintiff is required to appear and be prepared to clearly discuss the transfers sought to be avoided by its motion, especially with regard to the validity of the transfers, and the effect of the dissolution judgment.


The Court is cognizant that non-opposition to a motion for summary judgment shall not be deemed consent to the granting of a motion for summary judgment. FRCP 56; FRBP 7056; LBR 7056-1(g).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1601660183 Meeting ID: 160 166 0183

Password: 650511

11:00 AM

CONT...


Kiet Tuan Tran


Chapter 7

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 166 0183

Password: 650511


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Kiet Tuan Tran Pro Se

Defendant(s):

Ngan Kim Ho Represented By

Phu D Nguyen

Movant(s):

Weneta M Kosmala (TR) Represented By Jeffrey I Golden

11:00 AM

CONT...


Kiet Tuan Tran


Chapter 7

Plaintiff(s):

Weneta M.A. Kosmala Represented By Jeffrey I Golden Reem J Bello

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello

11:00 AM

8:19-11814


Juan Arcos Munoz


Chapter 7

Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz


#15.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

(Complaint filed 8/19/19) (PTC set at S/C held 12/4/19)


FR: 5-27-20; 7-1-20 at 10:00 a.m; 7-1-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING PURSUANT TO FRBP 7041 AND FRCP 41(a)(1)(A)(ii) ENTERED 7-17-2020 - (DOCKET NO. [30])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Juan Arcos Munoz Represented By Onyinye N Anyama

Defendant(s):

Juan Arcos Munoz Represented By Onyinye N Anyama

Plaintiff(s):

State Compensation Insurance Fund Represented By

Rhett Johnson Kelly S Bresso

11:00 AM

CONT...

Trustee(s):


Juan Arcos Munoz


Chapter 7

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:20-11007


Sharif M. Atta


Chapter 7

Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta


#16.00


Hearing RE: Motion To Dismiss Adversary Proceeding (Motion filed 7/31/2020)


Docket 11


Tentative Ruling:

Tentative for 9/2/20:


Plaintiffs allege four causes of action in their complaint; Claims 1 & 2 seek nondischargeability under 11 U.S.C. § 523(a)(6) for debts related to Defendant's alleged willful trademark infringement, while Claims 3 & 4 allege Defendant engaged in trademark counterfeiting.


Plaintiffs' Opposition, filed 8/19/20 [Dk. 15], indicates Plaintiffs’ willingness to voluntarily dismiss Claims 3 & 4. Plaintiffs' reasoning recognizes the legal realities of the effect of the District Court rulings, which the Court shares, and the Court grants the motion to dismiss with prejudice as to those claims.


However, the Court denies the motion to dismiss as to Claims 1 & 2.


To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).


In the area of trademark infringement, the Ninth Circuit B.A.P. has held that "intentional infringement is tantamount to intentional injury under [§ 523(a) (6)]." In re Smith, No. ADV.01–02219–A, 2009 WL 7809005, at *9 (9th Cir.

BAP Dec. 17, 2009) aff'd, 465 Fed.Appx. 707 (9th Cir.2012) (unpublished).


Plaintiffs have properly pled facts sufficient to state plausible claims for relief for nondischargeability of Defendant’s debts arising from willful trademark infringement.

11:00 AM

CONT...


Sharif M. Atta


Chapter 7


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1601660183 Meeting ID: 160 166 0183

Password: 650511

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 166 0183

Password: 650511


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited

11:00 AM

CONT...


Sharif M. Atta


Chapter 7

from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Sharif M. Atta Represented By Leonard W Stitz

Defendant(s):

Sharif Atta Represented By

Leonard W Stitz

Movant(s):

Sharif Atta Represented By

Leonard W Stitz Leonard W Stitz

Plaintiff(s):

Econo Lube Franchisor SPV LLC Represented By

Lawrence J Hilton

Meineke Franchisor SPV LLC Represented By Lawrence J Hilton

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:19-11749


Mike Basil Mike, III


Chapter 7

Adv#: 8:19-01166 Aerofund Holdings, Inc. v. Mike, III


#1.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Non-dischargeability

[Case transferred from CB on 7/31/2020]

[Complaint filed 8/8/19]

[First Amended Complaint filed 8/14/19] [Another Summons Issued 9/3/19]


FR: 11-5-19; 3-3-30; 6-2-20


Docket 7


Tentative Ruling:

Tentative for 9/3/20:


Counsels for both parties should appear, as well as Defendant. The Court would like to make several inquiries to the Defendant during the hearing.


As of the date of the posting of this tentative, no status report has been filed, as required by LBR 7016-1(a)(2), as well as this Court's Order entered 7/31/20 [Dk. 32], both of which mandated that a status report be filed 14 days prior to the hearing. The Court will excuse the non-compliance in this instance, but warns that future non-compliance may result in monetary or non- monetary sanctions, including the striking of the answer and dismissal of the complaint.


The Court is inclined to set the following dates/deadlines:


  1. Deadline for Mediation: November 30, 2020.


  2. Discovery cutoff: January 29, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  3. Motion cutoff: March 15, 2021. Note: this is the date by which all non-

    10:00 AM

    CONT...


    Mike Basil Mike, III


    Chapter 7

    discovery motions must be heard and resolved.


  4. Pretrial conference: April 29, 2021 at 10:00 a.m.


The parties are specifically advised to cooperate and follow all local and federal rules.


Plaintiff is to lodge a scheduling order within seven (7) days.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1611697659 Meeting ID: 161 169 7659

Password: 643172

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 169 7659

Password: 643172

For further details, please consult the instructions on the Court’s website

10:00 AM

CONT...

Mike Basil Mike, III

Chapter 7

https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Mike Basil Mike III Represented By

Marvin Maurice Oliver

Defendant(s):

Mike Basil Mike III Represented By

Marvin Maurice Oliver

Joint Debtor(s):

Erin Kate Mike Represented By

Marvin Maurice Oliver

Plaintiff(s):

Aerofund Holdings, Inc. Represented By Ginger L Sotelo

Trustee(s):

Weneta M Kosmala (TR) Pro Se

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#2.00


CONT'D Hearing RE: Motion To Dismiss (Motion filed 7/2/2020)


FR: 8-4-20


Docket 31

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 10, 2020 AT 10:00 A.M. PER AMENDED ORDER RE: APPROVAL OF STIPULATION ENTERED 8-3-2020 [ [DOCKET NO. [42])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Pro Se Young Blue LLC, a limited liability Pro Se Sandy Le, individually and on Pro Se

10:00 AM

CONT...

Movant(s):


Eagan Avenatti, LLP


Chapter 7

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#3.00


CONT"D Hearing RE: Motion For Preliminary Injunction (Motion filed 6/12/2020)

[Case transferred from CB on 7/31/2020]


FR: 7-7-20; 8-4-20


Docket 4

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 10, 2020 AT 10:00 A.M. PER AMENDED ORDER RE: APPROVAL OF STIPULATION ENTERED 8-3-2020 [ [DOCKET NO. [42])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Pro Se Young Blue LLC, a limited liability Pro Se Sandy Le, individually and on Pro Se

Movant(s):

Richard A. Marshack Represented By

10:00 AM

CONT...


Eagan Avenatti, LLP


John P. Reitman


Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#4.00


STATUS CONFERENCE Hearing RE: Complaint For Preliminary Injunction,

Declaratory Judgment, And Further Relief (Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]


FR: 8-4-20


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 10, 2020 AT 10:00 A.M. PER AMENDED ORDER RE: APPROVAL OF STIPULATION ENTERED 8-3-2020 [ [DOCKET NO. [42])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Pro Se Young Blue LLC, a limited liability Pro Se Sandy Le, individually and on Pro Se

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#5.00


CONT'D Hearing RE: Motion For Temporary Stay Of Declaratory Relief Claims (Motion filed 6/12/2020)

[Case transferred from CB on 7/31/2020]


FR: 7-7-20; 8-4-20


Docket 5

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 10, 2020 AT 10:00 A.M. PER AMENDED ORDER RE: APPROVAL OF STIPULATION ENTERED 8-3-2020 [ [DOCKET NO. [42])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Pro Se Young Blue LLC, a limited liability Pro Se Sandy Le, individually and on Pro Se

10:00 AM

CONT...

Movant(s):


Eagan Avenatti, LLP


Chapter 7

Richard A. Marshack Represented By John P. Reitman

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:20-10780


Walter Scott Taylor and Patricia Ann Taylor


Chapter 7


#5.10


CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]


Dan Haight vs. DEBTORS (Motion filed 7/28/2020)


[RE: Case Name: Haight v. Scott Taylor, Patricia Taylor, & All Unknown Occupants]

[Docket Number: 30-2020-01124897]

[Pending In: Orange County Superior Court, Central Justice Center] [Transferred From Harbor Justice Center]


FR: 8-20-20

Docket 25


Tentative Ruling:

Tentative for 9/3/20:


Grant pursuant to 11 U.S.C. § 362(d)(1). To the extent Movant seeks annulment of the stay (¶3 of relief sought), the request is not supported by the evidence and is therefore denied. Further, the request that the order be binding for 180 days is denied as Movant has not provided evidence demonstrating it is warranted.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

10:00 AM

CONT...


Walter Scott Taylor and Patricia Ann Taylor


Chapter 7


Movant to lodge an order within seven (7) days.


*********************************************************************************** Tentative for 8/20/20 is to DENY for improper service, as Debtors were not served in accordance with LBR 4001-1(c)(1)(A).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1616850945 Meeting ID: 161 685 0945

Password: 916336

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 685 0945

Password: 916336

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

10:00 AM

CONT...

Walter Scott Taylor and Patricia Ann Taylor

Chapter 7

Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Walter Scott Taylor Represented By Nicholas M Wajda

Joint Debtor(s):

Patricia Ann Taylor Represented By Nicholas M Wajda

Movant(s):

Dan Haight Represented By

Stephen W Berger

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:16-12463


Marzieh Bagheri-Tari


Chapter 11


#6.00


CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Case Management Conference And (2) Requiring Status Report (Petition filed 6/13/16)

(Post-Confirmation S/C set at confirmation hearing held 8/31/17)


FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17; 8-31-17; 11-9-17;

2-22-18; 5-3-18; 9-13-18; 9-20-18; 1-24-19; 3-7-19; 8-15-19; 1-23-20; 5-28-20


Docket 1


Tentative Ruling:

Tentative for 9/3/20 is to CONTINUE to January 7, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 9/3 hearing are excused.


*************************************************************************************** Tentative for 5/28/20 is to CONTINUE to September 3, 2020 at 11:00 a.m. A status report is due 14 days in advance, and should address how the Debtor intends to proceed if she is unable to cure the missed plan payments and/or comply with the terms of her confirmed plan going forward.


Appearances for the 5/28 hearing are excused.


************************************************************************************** Tentative for 1/23/20:


The Court has received and reviewed the status report filed January 14, 2020 [Dk. 193] and will CONTINUE this matter to May 28, 2020 at 11:00 a.m. A status report is due 14 days in advance.


The Court notes that the above referenced status report was not timely filed. Per LBR 3020-1, the failure to timely file required reports is cause for dismissal or conversion.

11:00 AM

CONT...


Marzieh Bagheri-Tari


Chapter 11


Additionally, the Court notes that the docket does not reflect the filing of post- confirmation United States Trustee Reports. Debtor is cautioned to ensure that Debtor is complying with all post-confirmation filing requirements.


Appearances are excused.


**************************************************************************** Tentative for 8/15/19:


This matter is continued to January 23, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


************************************************************************ Tentative for 3/07/19:


This matter is continued to August 15, 2019 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


************************************************************************** Tentative for 1/24/19:


As of the posting of this tentative, no status report has been filed. Appearances required.

Party Information

Debtor(s):

Marzieh Bagheri-Tari Represented By

Yeznik O Kazandjian

11:00 AM

8:16-15064


Charles Flowers Harrison and Martha Isabel Montoya


Chapter 11


#7.00


CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Case Management Conference And (2) Requiring Status Report (Petition filed 12/1416)


FR: 2-2-17; 5-11-17; 12-14-17; 4-19-18; 5-3-18;10-18-18; 10-25-18; 2-21-19;

5-2-19; 7-18-19; 12-19-19; 1-9-20; 4-9-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING REORGANIZED DEBTORS' MOTION TO ADMINISTRATIVELY CLOSE INDIVIDUAL CHAPTER 11 CASE ENTERED 8-31-2020 - (DOCKET NO. [368])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Flowers Harrison Represented By Michael Jones Sara Tidd

Joint Debtor(s):

Martha Isabel Montoya Represented By Michael Jones Sara Tidd

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#8.00


Hearing RE: Confirmation Of Chapter 11 Plan Of Liquidation Of WJA Secure Real Estate Fund, LLC

(D.S. approved 6/25/2020 - docket no. [1240]) (Chapter 11 Plan filed 5/14/2020 - docket no. [1221]

(Chapter 11 Plan Confirmation set per Order Entered 6-25-2020 - docket no. [1240]


Docket 1221


Tentative Ruling:

Tentative for 9/3/20 is to CONFIRM. As in the standard practice in this case, post-confirmation status of this plan shall be discussed at the status conference currently scheduled to occur on December 3, 2020, at 11:00 a.m., with the status report included within the report filed in the main case and filed 14 days in advance of the hearing.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1612536348 Meeting ID: 161 253 6348

Password: 872218


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 253 6348

Password: 872218


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


************************************************************************************* Tentative for 6/25/20 is to APPROVE and set the following dates/deadlines:


Deadline to serve plan documents, including ballot = 7/2/20

Deadline for ballot return & Objections to Confirmation = 8/6/20 at 5:00 p.m Deadline for Confirmation brief and ballot summary = 8/20/20

Reply to Confirmation brief due = 8/27/20

Confirmation hearing = September 3, 2020 at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617550970 Meeting ID: 161 755 0970

Password: 370710

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 755 0970

Password: 370710

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy

11:00 AM

CONT...


WJA Asset Management LLC


Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

11:00 AM

8:17-12018


WJA Secure Income Fund LLC


Chapter 11

Adv#: 8:19-01092 WJA Secure Income Fund, LLC v. Winget, Spadafora & Schwartzberg, LLP


#9.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Unjust Enrichment AND Third-Party Complaint Against William M. Jordan For (1) Breach Of Contract - Third Party Beneficiary, (2) Quantum Meruit, (3) Unjust Enrichment, (4) Implied Indemnity, (5) Equitable Indemnity, (6) Contribution,

And (7) Declaratory Relief (Complaint filed 5/17/19)

(Third-Party Complaint filed 7/17/19) (Another Summons issued 7/29/19) (PTC set at S/C held 10/2/19)


FR: 8-8-19; 10-2-19; 2-27-20; 8-25-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING PURSUANT TO A COURT-APPROVED SETTLEMENT AGREEMENT - (DOCKET NO. [33])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

WJA Secure Income Fund LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

Defendant(s):

Winget, Spadafora & Schwartzberg, Represented By

David M Goodrich

Arto J. Nuutinen Represented By Arto J Nuutinen

11:00 AM

CONT...


WJA Secure Income Fund LLC


Chapter 11

Plaintiff(s):

WJA Secure Income Fund, LLC Represented By Michael W Davis Talin Keshishian Corey R Weber

11:00 AM

8:20-10898


Robert George Campoy


Chapter 11


#10.00


CONT'D Hearing RE: Scheduling And Case Management Conference In A Subchapter V case

(Petition filed 3/12/2020)

[Case transferred from CB on 7/31/2020]


FR: 4-29-20; 6-24-20


Docket 1


Tentative Ruling:

Tentative for 9/3/20:


Having reviewed the recently filed reports, and the docket as a whole, the Court would like to hear from the Debtor, SubV Trustee, United States Trustee, and any other interested parties, regarding whether dismissal, or conversion to Ch. 7 is appropriate in this case.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1612536348 Meeting ID: 161 253 6348

Password: 872218


If a participant is unable to send and receive audio through his/her computer,

11:00 AM

CONT...


Robert George Campoy


Chapter 11

or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 253 6348

Password: 872218


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Robert George Campoy Represented By Michael Jones

Trustee(s):

Robert Paul Goe (TR) Pro Se

11:00 AM

8:20-11963


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11


#11.00


STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

  1. Requiring Status Report (Petition filed 7/10/2020)


    Docket 8


    Tentative Ruling:

    Tentative for 9/3/20:


    This is a single asset real estate Chapter 11. The Court is inclined to set the following dates/deadlines:


    1. Deadline to file Plan and D.S. - October 8, 2020


    2. Deadline to serve Plan and D.S. - September 15, 2020


    3. Proof of Claims Deadline - November 15, 2020


    4. Deadline to file Objections to Claims - January 15, 2021


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1612536348 Meeting ID: 161 253 6348

11:00 AM

CONT...


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11

Password: 872218

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 253 6348

Password: 872218


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#12.00


Hearing RE: Confirmation Of Chapter 11 Trustee Chapter 11 Plan Of Reorganization Dated May 5, 2020

(D.S. Approved 6/26/2020 - docket no. [307][)

(Confirmation hearing set per Order Entered 6/26/2020 - docket no. [307]) FR: 6-26-20

Docket 292


Tentative Ruling:

Tentative for 9/3/20 is to CONFIRM, and set a post-confirmation status conference for December 3, 2020, at 11:00 a.m. A status report is due 14 days prior to the status conference.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1612536348 Meeting ID: 161 253 6348

Password: 872218


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 253 6348

Password: 872218


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


******************************************************************************** Tentative for 6/25/20 is to APPROVE and set the following dates/deadlines:


Deadline to serve plan documents, including ballot = 7/2/20

Deadline for ballot return & Objections to Confirmation = 8/6/20 at 5:00 p.m. Deadline for Confirmation brief and ballot summary = 8/20/20

Reply to Confirmation brief due = 8/27/20

Confirmation hearing = September 3, 2020 at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


Chapter 11

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617550970 Meeting ID: 161 755 0970

Password: 370710

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 755 0970

Password: 370710

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

Trustee(s):

Howard B Grobstein (TR) Represented By David Wood

Matthew Grimshaw

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


Tinho Mang


Chapter 11

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#13.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 11/5/18)


FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19; 3-7-19; 6-13-19; 9-19-19; 1-9-20;

4-16-20; 6-11-20; 6-25-20


Docket 14


Tentative Ruling:

Tentative for 9/30/20:


In light of the Court's tentative on related matter #12, the Court is inclined to set a post-confirmation status conference for December 3, 2020, at 11:00

a.m. A status report is due 14 days prior to the status conference.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1612536348 Meeting ID: 161 253 6348

Password: 872218


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 253 6348

Password: 872218


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


************************************************************************************** Tentative for 6/25/20 is to CONTINUE this status conference to September 3, 2020 at 11:00 a.m., to be heard concurrently with the hearing on plan confirmation. A status report is not required.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


Chapter 11

Videoconference URL: https://cacb.zoomgov.com/j/1617550970 Meeting ID: 161 755 0970

Password: 370710

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 755 0970

Password: 370710


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


***************************************************************************

Tentative for 1/09/20 is to CONTINUE this status conference to April 16, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


*************************************************************************** Tentative for 09/19/19 is to CONTINUE this status conference to January 9, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


Chapter 11

**************************************************************************** Tentative for 6/13/19 is to set a continued status conference date of September 19, 2019 at 11:00 a.m. with a status report due 14 days in advance.


Appearances are excused. No hearing will occur.


****************************************************************************

Tentative for 3/07/19 is to set a continued status conference date of June 27, 2019 at 11:00 a.m. with a status report due 14 days in advance.


Appearances required.


****************************************************************************** Tentative for 2/07/19 is to set a continued status conference on April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.


Debtor is also instructed to lodge a scheduling order setting forth the dates and deadlines established at the 1/24/19 status conference.


**************************************************************************** Tentative for 1/24/19 is to set the following dates/deadlines:


  1. Deadline for filing a plan and disclosure statement: March 5, 2019. See Status Report filed 12/6/18 [Dk. 60], pg. 9:15-18. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.


  2. Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.


  3. Continued status conference: April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.


Appearances required.


*****************************************************************************

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


Chapter 11

Tentative for 12/20/18:


The Court has received and reviewed the status report filed on December 6, 2018 [Dk. 60]. The Status Conference is CONTINUED to January 24, 2019 at 11:00 a.m. Debtor is to submit a supplemental status report, updating the report submitted for the December 20, 2018 status conference, by no later than 14 days in advance of the January 24, 2019 hearing.


Appearances are excused.


Debtor(s):


Party Information

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

Trustee(s):

Howard B Grobstein (TR) Represented By David Wood

Matthew Grimshaw Tinho Mang

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#14.00


Hearing RE: Second Interim Application For Compensation And Reimbursement Of Expenses For The Period September 11, 2019 Through And Including June 30, 2020

(Application filed 8/5/2020)


[RE: GROBSTEIN TEEPLE, LLP - Accountants For The Chapter 11 Trustee] [Fees: $73,517.00; Expenses: $625.73]


Docket 317


Tentative Ruling:

Tentative for 9/3/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

Movant(s):

Grobstein Teeple LLP Pro Se

11:00 AM

CONT...

Trustee(s):


Kendall Frozen Fruits, Inc.


Chapter 11

Howard B Grobstein (TR) Represented By David Wood

Matthew Grimshaw Tinho Mang

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#15.00


Hearing RE: Second Interim Fee Application For Compensation and Reimbursement Of Expenses For The Period From August 22, 2019 Through July 31, 2020

(Applicaiton filed 8/11/2020)


[RE: SULMEYERKUPETZ, A Professional Corporation, Attorneys For Debtor]

[Fees: $7,728.00; Expenses: $87.18]


Docket 320


Tentative Ruling:

Tentative for 9/3/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

11:00 AM

CONT...

Movant(s):


Kendall Frozen Fruits, Inc.


Chapter 11

SulmeyerKupetz, A Professional Represented By

Steven Werth

Trustee(s):

Howard B Grobstein (TR) Represented By David Wood

Matthew Grimshaw Tinho Mang

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#16.00


Hearing RE: Second Interim Fee Application For Compensation And Reimbursement Of Expenses For The Period From September 1, 2019 Through August 31, 2020

(Application filed 8/11/2020)


[RE: CHANNEL MARKETING RESOURCES, INC. - Financial Advisors For Chapter 11 Trustee]

[Fees: $120,000.00; Expenses: $0.00]


Docket 321


Tentative Ruling:

Tentative for 9/3/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

11:00 AM

CONT...

Movant(s):


Kendall Frozen Fruits, Inc.


Chapter 11

Channel Marketing Resources, Inc. Represented By

Steven Werth

Trustee(s):

Howard B Grobstein (TR) Represented By David Wood

Matthew Grimshaw Tinho Mang

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#17.00


Hearing RE: Second And Final Application For Allowance Of Fees And Costs For The Period From September 1, 2019 Through August 13, 2020

(Motion filed 8/13/2020)


[RE: MARSHACK HAYS LLP - Attorneys For Chapter 11 Trustee] [Fees: $122,048.50; Expenses: $7,754.17]


Docket 324


Tentative Ruling:

Tentative for 9/3/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

Movant(s):

Howard B Grobstein (TR) Represented By David Wood

11:00 AM

CONT...


Trustee(s):


Kendall Frozen Fruits, Inc.


Matthew Grimshaw Tinho Mang


Chapter 11

Howard B Grobstein (TR) Represented By David Wood

Matthew Grimshaw Tinho Mang

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Preliminary Injunction, Declaratory Judgment, And Further Relief

(Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]


FR: 8-4-20; 9-3-20


Docket 1

*** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. PER AMENDED ORDER APPROVING STIPULATION ENTERED 9-9-2020 - (DOCKET NO. [51])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Pro Se

Filippo Marchino Pro Se

Elba Hernandez, individually and as Pro Se Young Blue LLC, a limited liability Pro Se Sandy Le, individually and on Pro Se

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman

10:00 AM

CONT...

Trustee(s):


Eagan Avenatti, LLP


Chapter 7

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman

Meghan Canty Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#2.00


CONT'D Hearing RE: Motion For Temporary Stay Of Declaratory Relief Claims (Motion filed 6/12/2020)

[Case transferred from CB on 7/31/2020]


FR: 7-7-20; 8-4-20; 9-3-20


Docket 5

*** VACATED *** REASON: OFF CALENDAR - PER AMENDED ORDER APPROVING STIPULATION ENTERED 9-9-2020 - (DOCKET NO. [51])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Pro Se

Filippo Marchino Pro Se

Elba Hernandez, individually and as Pro Se Young Blue LLC, a limited liability Pro Se Sandy Le, individually and on Pro Se

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman

10:00 AM

CONT...

Trustee(s):


Eagan Avenatti, LLP


Chapter 7

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#3.00


CONT"D Hearing RE: Motion For Preliminary Injunction (Motion filed 6/12/2020)

[Case transferred from CB on 7/31/2020]


FR: 7-7-20; 8-4-20; 9-3-20


Docket 4

*** VACATED *** REASON: OFF CALENDAR - PER AMENDED ORDER APPROVING STIPULATION ENTERED 9-9-2020 - (DOCKET NO. [51])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Pro Se

Filippo Marchino Pro Se

Elba Hernandez, individually and as Pro Se Young Blue LLC, a limited liability Pro Se Sandy Le, individually and on Pro Se

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman

10:00 AM

CONT...

Trustee(s):


Eagan Avenatti, LLP


Chapter 7

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#4.00


CONT'D Hearing RE: Motion To Dismiss (Motion filed 7/2/2020)


FR: 8-4-20; 9-3-20


Docket 31

*** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. PER AMENDED ORDER APPROVING STIPULATION ENTERED 9-9-2020 - (DOCKET NO. [51])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Pro Se Young Blue LLC, a limited liability Pro Se Sandy Le, individually and on Pro Se

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman

10:00 AM

CONT...

Trustee(s):


Eagan Avenatti, LLP


Chapter 7

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#5.00


Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 8/26/2020)

(Set per OST Entered 8/26/2020)


[RE: 16321 Honolulu, Huntington Beach, CA 92649 4381 West Flamingo Road, Las Vegas, NV 89103 2013 Freightline Tractor]


[Tele. appr., Todd S. Garan, repr., JPMorgan Chase Bank, National Association]


Docket 20


Tentative Ruling:

Tentative for 9/10/20 is to reimpose the stay as to all Creditors, as there is sufficient evidence to show that Debtor’s current filing was made in good faith.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617058753 Meeting ID: 161 705 8753

Password: 191610

10:00 AM

CONT...


Christopher Alexander Todero


Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 705 8753

Password: 191610


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:19-10661


Huy Quang Dao


Chapter 7

Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al


#1.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Seeking Damages In Core Adversary Proceedings

(Complaint filed 6/10/19) (PTC set at S/C held 9/4/19)


FR: 9-4-19; 5-13-20


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER ORDER CONTINUING PRE-TRIAL CONFERENCE ENTERED 1-29-20 - (DOCKET NO. [35])

Party Information

Huy Quang Dao Represented By Denise Ho

Defendant(s):

Huy Quang Dao Represented By Denise Ho

Kellie Ho Ta Represented By

Denise Ho

Joint Debtor(s):

Kellie Ho Ta Represented By

Denise Ho

Plaintiff(s):

Ho Jung Kim DDS, Inc. Represented By Michael E Sayer

11:00 AM

CONT...

Trustee(s):


Huy Quang Dao


Chapter 7

Weneta M Kosmala (TR) Pro Se

10:00 AM

6:20-10948


Melissa Lynn Lambert


Chapter 7


#1.00


Snell & Wilmer LLP - movant attorney Motion for Relief from the Stay

PS Funding, Inc. vs. Debtor (Motion filed 8/6/20)


RE: 17441 San Bernardino Avenue, Fontana, CA 92335


Docket 26


Tentative Ruling:

Tentative for 9/22/20 is to CONTINUE to October 20, 2020, at 10:00 a.m. to allow Movant to effectuate proper service.


The movant did not serve the County of San Bernardino (an entity known to the movant as possessing a claim secured by the property) and FCI Lender Services, Inc. (an entity scheduled by Debtor as possessing a claim secured by the property). LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014.” FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Appearances for the 9/22 hearing are excused.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866)

10:00 AM

CONT...


Melissa Lynn Lambert


Chapter 7

582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Party Information

Debtor(s):

Melissa Lynn Lambert Represented By Neil R Hedtke

Movant(s):

PS Funding, Inc. Represented By Andrew Still Eric S Pezold

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-13814


Reynaldo Elegado Mercado and Jennifer Diana Mercado


Chapter 7


#2.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Ford Motor Credit Company LLC vs. DEBTORS, Karl T. Anderson, trustee (Motion filed 8/12/20)


Re: 2016 Ford Explorer, VIN: 1FM5K7DH8GGD35075


EH            


Docket 11


Tentative Ruling:

Tentative for 9/22/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Reynaldo Elegado Mercado and Jennifer Diana Mercado


Chapter 7

Reynaldo Elegado Mercado Represented By David L Nelson

Joint Debtor(s):

Jennifer Diana Mercado Represented By David L Nelson

Movant(s):

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-14603


Fred C. Smith and Jamie M. Smith


Chapter 7


#3.00


Garwacki & Associates - movant attorney Motion for Relief from Stay

Partners Federal Credit Union vs. DEBTORS (Motion filed 8/24/20)


Re: 2016 GMC Yukon, VIN 1GKS1CKJ0GR159057


EH            


Docket 11


Tentative Ruling:

Tentative for 9/22/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Fred C. Smith and Jamie M. Smith


Chapter 7

Fred C. Smith Represented By

Keith Q Nguyen

Joint Debtor(s):

Jamie M. Smith Represented By Keith Q Nguyen

Movant(s):

Partners Federal Credit Union Represented By Yuri Voronin

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-14683


Bulldog Coatings LLC


Chapter 7


#4.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Ford Motor Credit Company, LLC vs. DEBTOR, Robert Whitmore, trustee (Motion filed 8/28/20)


Re: 2018 Ford Transit Connect, VIN: NM0LS7E79J1348989 EH            

Docket 15


Tentative Ruling:

Tentative for 9/22/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.


Party Information

10:00 AM

CONT...

Debtor(s):


Bulldog Coatings LLC


Chapter 7

Bulldog Coatings LLC Represented By Julie J Villalobos

Movant(s):

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-14705


Aaron Jesus Ramirez and Deborah Madai Ramirez


Chapter 7


#5.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Santander Consumer USA, Inc. vs. DEBTORS, Robert Whitmore, trustee (Motion filed 8/27/20)


Re: 2004 Ford Ranger, VIN: 1FTYR14U84PA42019


EH            


Docket 11


Tentative Ruling:

Tentative for 9/22/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Aaron Jesus Ramirez Represented By

10:00 AM

CONT...


Aaron Jesus Ramirez and Deborah Madai Ramirez

M. Wayne Tucker


Chapter 7

Joint Debtor(s):

Deborah Madai Ramirez Represented By

M. Wayne Tucker

Movant(s):

Santander Consumer USA, Inc., Represented By Sheryl K Ith

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-14990


Brett Michael Dancy


Chapter 7


#6.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Santander Consumer USA. Inc. vs. DEBTOR (Motion filed 8/20/20)


Re: 2017 Ram 1500, VIN: 1C6RR6YT2HS585170


EH            


Docket 7


Tentative Ruling:

Tentative for 9/22/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Brett Michael Dancy Represented By

10:00 AM

CONT...


Movant(s):


Brett Michael Dancy


Salvatore Bommarito


Chapter 7

Santander Consumer USA Inc. dba Represented By

Sheryl K Ith

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:20-15293


Jesus Ibarra and Ruth Nohemi Ibarra


Chapter 7


#7.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Americredit Financial Services, Inc. vs. DEBTORS, Steven M. Speier, Trustee (Motion filed 8/14/20)


Re: 2014 Chevrolet Malibu, VIN: 1G11H5SLXEF229428 EH            

Docket 9


Tentative Ruling:

Tentative for 9/22/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Jesus Ibarra and Ruth Nohemi Ibarra


Chapter 7

Jesus Ibarra Represented By

Daniel King

Joint Debtor(s):

Ruth Nohemi Ibarra Represented By Daniel King

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:19-20521


Sean Randall Ehart and Kristi Ann Ehart


Chapter 7


#8.00


Hrg. on Chapter 7 Trustee's Motion filed 8/3/20 Objecting to Claim #38 filed by Prosper Marketplace, Inc.


Docket 35


Tentative Ruling:

Tentative for 9/22/20 is to CONTINUE to November 3, 2020, at 11:00 a.m., to allow Movant to effectuate proper service pursuant to FRBP 7004.


LBR 3007-1(b)(2) requires that a claim objection be served on the claimant at the address disclosed by the claimant in its proof of claim, and at such other addresses and upon such parties as may be required by FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Appearances for the 9/22 hearing are excused.

Party Information

Debtor(s):

Sean Randall Ehart Represented By Todd L Turoci

Joint Debtor(s):

Kristi Ann Ehart Represented By Todd L Turoci

Movant(s):

Robert Whitmore (TR) Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-20923


Tonya S. Goff


Chapter 7


#9.00


Hrg. on approval of trustee's final report and applications for compensation filed 8/11/20


EH            


[Re: Robert S. Whitmore, chapter 7 trustee] [Fees; $1000.00; Expenses; $239.35]


Docket 0


Tentative Ruling:

Tentative for 9/22/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Tonya S. Goff Represented By Lazaro E Fernandez

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-14683


Bulldog Coatings LLC


Chapter 7


#9.10


Hrg. on Debtor's Motion filed 9/1/20 for order compelling trustee to abandon property located at 191 Granite St. Ste. B & C, Corona, CA 92879


EH            


Docket 17


Tentative Ruling:

Tentative for 9/22/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Bulldog Coatings LLC Represented By Julie J Villalobos

Movant(s):

Bulldog Coatings LLC Represented By Julie J Villalobos

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

CONT...


Bulldog Coatings LLC


Chapter 7

1:30 PM

6:11-28115


DAVID LIN and CHRISTINE YIU


Chapter 11


#10.00


Hrg. on Debtors' Motion filed 8/21/20 For Final Entry of Discharge and Final Decree and Order Closing Chapter 11 Case


EH            


Docket 171


Tentative Ruling:

Tentative for 9/22/20:


Debtor is to appear and address the Opposition filed 9/8/20 [Dk. 173] by Creditor, PNC Bank, N.A.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1614216981 Meeting ID: 161 421 6981

Password: 158143


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...


DAVID LIN and CHRISTINE YIU


Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 421 6981

Password: 158143


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

DAVID LIN Represented By

Michael J Jaurigue Elaine Le

Ryan A. Stubbe

Joint Debtor(s):

CHRISTINE YIU Represented By Michael J Jaurigue Elaine Le

Ryan A. Stubbe

Movant(s):

DAVID LIN Represented By

Michael J Jaurigue Elaine Le

1:30 PM

CONT...


DAVID LIN and CHRISTINE YIU


Ryan A. Stubbe


Chapter 11

CHRISTINE YIU Represented By Michael J Jaurigue Michael J Jaurigue Elaine Le

Elaine Le Ryan A. Stubbe Ryan A. Stubbe

1:30 PM

6:12-28006


City of San Bernardino, California


Chapter 9

Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


#11.00


Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings


(Cont. from 7/14/20)


EH            


Docket 0

*** VACATED *** REASON: Cont. to 11/3/20 @ 1:30 p.m. by order approving fifth stipulation entered on 9/11/20 (doc.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

City of San Bernardino, California Represented By

Paul R. Glassman Fred Neufeld Laura L Buchanan

Defendant(s):

City of San Bernardino Represented By Paul R. Glassman

Plaintiff(s):

PLACO SAN BERNARDINO, Represented By Raymond B Kim

1:30 PM

6:15-12078


Orange County Nursery, Inc.


Chapter 11


#12.00


Hrg. on Chapter 11 Status Conference (Cont. from 3/10/20)

EH            


Docket 0


Tentative Ruling:

Tentative for 9/22/20 is to set a CONTINUED status conference on January 19, 2021, at 1:30 p.m., with a status report due 14 days in advance.


Appearances for the 9/22 hearing are excused.


*************************************************************************** Tentative for 3/10/20:


Appearances are required. The Court is inclined to set a CONTINUED status conference date of September 22, 2020 at 1:30 p.m., with a status report due 14 days in advance.


*************************************************************************************** Tentative for 12/17/19:

Appearances required.


**************************************************************************** Tentative for 8/13/19:


This matter is CONTINUED to December 17, 2019 at 1:30 p.m. A status

1:30 PM

CONT...


Orange County Nursery, Inc.


Chapter 11

report is due 14 days in advance. Appearances are excused.

*************************************************************************** Tentative for 4/30/19:


The Court has received and reviewed the Status Reports filed by Debtor [Dk. 1109] and Minority Voting Trust [Dk. 1110] on April 16, 2019. This matter is CONTINUED to August 13, 2019 at 1:30 p.m. A status report is due 14 days in advance.


Appearances are excused.


Debtor(s):


Party Information

Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

Arthur Gutierrez Longoria Tamar Terzian

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#13.00


Hrg. on Confirmation of Chapter 11 Plan EH            


Docket 0


Tentative Ruling:

Tentative for 9/22/20 is to CONFIRM, and set a post-confirmation status conference for February 16, 2021, at 1:30 p.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1614216981 Meeting ID: 161 421 6981

Password: 158143

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

O'Linn Security Incorporated

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 421 6981


Password: 158143


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#14.00


Hrg. on Chapter 11 Status Conference (Cont. from 7/14/20)

Docket 0


Tentative Ruling:

Tentative for 9/22/20:


Provided the plan is confirmed, the Court will set a post-confirmation status conference for February 16, 2021, at 1:30 p.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1614216981 Meeting ID: 161 421 6981

Password: 158143

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

O'Linn Security Incorporated

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 421 6981


Password: 158143


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#15.00


Hrg. on Debtor's Objection filed 4/21/20 to Proof of Claim No. 8 by Claimant Pacelli Wage & Hour Class. in the amount of $5,000,000.00 Filed by Debtor O'Linn Security Incorporated


EH            


(Cont from 7/14/20)


Docket 0

*** VACATED *** REASON: Debtor's Notice of Withdrawl of Objection to Proof of Claim (doc. 324) filed on 9/1/20 - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#16.00


Hrg. on Debtor's Motion to Approve Stipulation Resolving Objection to Proof of Claim No. 9 filed by Jaydee Beck in the amount of $1500.00


EH            


Docket 320


Tentative Ruling:

Tentative for 9/22/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

Movant(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter

1:30 PM

CONT...


O'Linn Security Incorporated


Everett L Green


Chapter 11

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#17.00


Hrg. on Objection filed 8/21/20 to Claim Number 10 by Claimant Ryan Greer, in the amount of $5000.00


EH            


Docket 322


Tentative Ruling:

Tentative for 9/22/20 is to CONTINUE to November 3, 2020, at 1:30 p.m., to allow Movant to effectuate proper service of the claim objection on the claimant, unless Movant files an amended proof of service by no later than September 21, 2020, at 12:00 p.m.


FRBP 3007(a)(2)(A) requires that the objection and notice be served on a claimant. The proof of service which accompanies the claim objection does not indicate that Clamaint, Ryan Greer, was served.


Appearances for the 9/22 hearing are excused.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

Movant(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#17.10


Hrg. on Debtor's Motion to Modify Plan to Adjust Treatment of Pacific Premiere Bank


EH            


Docket 326


Tentative Ruling:

Tentative for 9/22/20 is to GRANT, provided that the Debtor provides clarification regarding the modified plan terms as to Pacific Premiere Bank (Premiere).


While the motion indicates that Premiere will simply be paid a month sooner, a review of Exh. A demonstrates changes to the timing of monthly payments, monthly payment amounts, and total payout amounts made to Premiere.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1614216981 Meeting ID: 161 421 6981

Password: 158143


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

1:30 PM

CONT...


O'Linn Security Incorporated


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 421 6981

Password: 158143


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

Movant(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#17.20


Hrg. on Debtor's Motion filed 9/1/20 for Approval of and Authorization to Enter into Settlement Agreement with Putative Class Representatives


EH            


Docket 330


Tentative Ruling:

Tentative for 9/22/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

Movant(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter

1:30 PM

CONT...


O'Linn Security Incorporated


Everett L Green


Chapter 11

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#17.30


Hrg. on Debtor's Motion to Allow Late Cast Ballot and for the Debtor to count the ballot


EH            


Docket 328


Tentative Ruling:

Tentative for 9/22/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

Movant(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter

1:30 PM

CONT...


O'Linn Security Incorporated


Everett L Green


Chapter 11

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#18.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Wilmington Trust, National Association vs. DEBTOR (Motion filed 5/28/20)


Re: 21100 Via Los Laureles, Murrieta, California 92562 EH            

Docket 60

*** VACATED *** REASON: Order Granting Motion entered on 9/21/20

- (doc. 125) - jc Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Wilmington Trust, National Represented By Kirsten Martinez

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#19.00


Nazik Hasan - movant attorney Motion for Relief from Stay

County of Riverside vs. DEBTOR (Motion filed 6/4/20)


Re: Action in Non-Bankruptcy Forum) (Cont. from 7/14/20; 8/18/20)


EH            


Docket 64

*** VACATED *** REASON: Order Granting Motion to approve settlement with County of Riverside and Vacating hearing on motion for relief from stay entered on 9/3/20 - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Nazik Hasan Represented By

Ronak N Patel

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#20.00


Hrg. on Chapter 11 Trustee's Motion filed 8/31/20 to Approve Stipulation Between Chapter 11 Trustee And Ford Motor Credit Company LLC To Abandon Property Of The Estate


EH            


Docket 114


Tentative Ruling:

Tentative for 9/22/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Movant(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

CONT...

Trustee(s):


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#21.00


Hrg. on Debtor's Motion filed 9/1/20 for stay pending appeal from the order granting the emergency motion to use cash of the estate


EH            


Docket 121


Tentative Ruling:

Tentative for 9/22/20 is to DENY.


The decision to stay an order pending appeal is "an exercise of judicial discretion." In re Greenberg, 2019 U.S. Dist. LEXIS 227741, *3-4, 2019 WL 7997232. To obtain a discretionary stay pending appeal under FRBP 8007, the movant must prove: (1) likelihood to succeed on the merits of the appeal;

(2) movant will suffer irreparable injury; (3) no substantial harm will come to non-movant; [and] (4) the stay will do no harm to the public interest. Id.


Having reviewed the pleadings and the entire docket as a whole, the Court is inclined to find that the balance of the four factors weighs against the Movant, and in favor of denying the requested stay. Notwithstanding the foregoing, the parties should be prepared to specifically draw the Court's attention to the underlying evidence, including specific references to testimony from the transcript of the 8/4/20 hearing. [See, transcript filed 8/27/20, Dk. 100].


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1614216981

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


Meeting ID: 161 421 6981

Password: 158143

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 421 6981

Password: 158143


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Movant(s):

Ben Clymers The Body Shop Perris, Represented By

Fahim Farivar

1:30 PM

CONT...

Trustee(s):


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:20-14307


Pimlico Ranch, LLC


Chapter 11


#22.00


Levene, Neale, Bender, Yoo & Brill - movant attorney Motion for Relief from Stay

Todd A. Frealy, chapter 11 trustee, Bankruptcy Estate of Ben Clymer's The Body Shop Perris, Inc. vs. DEBTOR

(Motion filed 9/2/20)


Re: (ACTION IN NON-BANKRUPTCY FORUM)


EH            


Docket 41

*** VACATED *** REASON: Order Continuing hearing to 10/6/20 @ 1:30

p.m. entered on 9/9/20 (doc. 48) - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pimlico Ranch, LLC Represented By Robert M Yaspan

Movant(s):

Todd A. Frealy Represented By Monica Y Kim

1:30 PM

6:18-11937


Lisa Duarte


Chapter 7

Adv#: 6:20-01025 Rose v. Duarte


#24.00


STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - § 523(a)(2)(A), §523(a)(4), §523(a)(6)


EH            


(Cont. from 5/27/20)


Docket 1


Tentative Ruling:

Tentative for 9/23/20 is to CONTINUE to November 17, 2020, at 1:30 p.m. A status report which details the status of the pending arbitration efforts is due no later than 14 days prior to the continued hearing.


Appearances for the 9/23 hearing are excused.


****************************************************************************** Tentative for 5/27/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


This adversary was filed on March 11, 2020. The Court notes that, as of the posting of this tentative, the docket does not reflect any activity beyond the original filing. Thus, in addition to failing to serve the case initiating documents, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued March 11, 2020 [Dk. 2].


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

The Parties are reminded to have all relevant filings/information easily

1:30 PM

CONT...


Lisa Duarte


Chapter 7

accessible during the hearing.


Party Information

Debtor(s):

Lisa Duarte Pro Se

Defendant(s):

Lisa Duarte Pro Se

Plaintiff(s):

Stacey Rose Represented By

Michael D Anderson Andrei Serpik

Trustee(s):

Karl T Anderson (TR) Pro Se

1:30 PM

6:18-17314


Harry Haro


Chapter 7

Adv#: 6:19-01134 Cube v. Haro et al


#25.00


PRE-TRIAL CONFERENCE re: Complaint by Abigael Cube against Harry Haro, Lagrimas Haro for Determination of Dischargeability of Debt Pursuant to 11 USC Section 523(a)(3), 11 USC 523(a)(4)


EH             


Docket 1


Tentative Ruling:

Tentative for 9/23/20:


Virtual appearances are required.


Instead of complying with LBR 7016-1(b), Plaintiff improperly filed a status report on 9/16/20 [Dk. 21], which states that Plaintiff had considered abandoning her prosecution of this action and then reconsidered that course of action. The parties were previously warned that non-compliance with all applicable rules and instructions could result in monetary or non-monetary sanctions. (See Scheduling Order entered 2/25/20 [Dk. 13]).


Therefore, the Court will order as follows:


  1. Plaintiff shall be sanctioned: (a) $300.00, payable to the Court; (b)

    $300.00, payable to Defendant's counsel for time expended in preparing Declaration filed 9/8/20 [Dk. 17]; and, (c) $600.00, payable to Defendant's counsel for preparing for and attending the 9/23 hearing. These payments shall be made by September 30, 2020.


  2. The pre-trial conference shall be continued to November 18, 2020, at 1:30

p.m. The parties shall cooperate and work together to prepare and file with the Court an acceptable proposed joint pretrial stipulation which complies with all applicable rules by no later than November 4, 2020. Failure to follow the

1:30 PM

CONT...


Harry Haro


Chapter 7

local applicable rules shall result in monetary sanctions in an amount required to be reported to the State Bar of Calfiornia for disciplinary review.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1615497982 Meeting ID: 161 549 7982

Password: 572410

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 549 7982

Password: 572410

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

1:30 PM

CONT...

Harry Haro

Chapter 7

As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


************************************************************************* Tentative for 2/19/20:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: July 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: August 7, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: September 23, 2020 at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

Party Information

Debtor(s):

Harry Haro Represented By

Andrew M Rosenfeld James F Drake

Defendant(s):

Harry Haro Represented By

Andrew M Rosenfeld

Lagrimas Haro Represented By

Andrew M Rosenfeld

1:30 PM

CONT...


Harry Haro


Chapter 7

Joint Debtor(s):

Lagrimas Haro Represented By James F Drake

Plaintiff(s):

Abigael Cube Represented By Gene Koon

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:19-12074


Jason Ortiz


Chapter 7

Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al


#26.00


PRE-TRIAL CONFERENCE Re: Complaint by Commonwealth Land Title Insurance Company against Jason Ortiz, Brianna Ortiz - §§ 523(a)(2), (a)(6)


EH            


(Cont. from 7/15/20)


[Tele. appr., Bilal Essayli, repr., Jason and Brianna Ortiz]


[Tele. appr., Karen A. Ragland, repr., Commonwealth Land Title Ins. Co.]


Docket 1


Tentative Ruling:

Tentative for 9/23/20 is to APPROVE the joint pretrial stipulation [Dk. 36].


The parties should appear at the 9/23 hearing and be prepared to discuss the following:


  1. Setting a deadline for the filing of motions in limine not less than 30 days prior to trial, and


  2. Trial scheduling.


As a preliminary matter, the Court has following dates available for trial: February 23-25, 2021

March 29-31, 2021


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


Jason Ortiz


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1615497982 Meeting ID: 161 549 7982

Password: 572410

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 549 7982

Password: 572410


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************

1:30 PM

CONT...


Jason Ortiz


Chapter 7

Tentative for 12/18/19:


Appearances required.


The parties filed a late joint status report which is not in compliance with LBR 7016-1(a)(2). The Court will excuse the failure to follow the local rules in this instance, but the parties are cautioned that future compliance is required.


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: May 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: June 11, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: July 15, 2020 at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.


*************************************************************************** Tentative for 09/04/19:


The Court has reviewed the Motion for Relief from Default Judgement [Dk. 13] filed on August 12, 2019, by Debtors Jason Ortiz and Brianna Ortiz. In light of the foregoing, the Court finds good cause to set that matter for hearing, and will CONTINUE this status conference, to November 20, 2019 at 1:30 p.m. A status report is due 14 days in advance.


Appearances are excused.

Party Information

1:30 PM

CONT...

Debtor(s):


Jason Ortiz


Chapter 7

Jason Ortiz Represented By

Natalie A Alvarado

Defendant(s):

Jason Ortiz Pro Se

Brianna Ortiz Pro Se

Joint Debtor(s):

Brianna Ortiz Represented By Natalie A Alvarado

Plaintiff(s):

Commonwealth Land Title Insurance Represented By

Karen A Ragland

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:19-13251


David Henry Hilton, Jr.


Chapter 7

Adv#: 6:19-01110 Redd v. Hilton, Jr.


#27.00


PRE-TRIAL CONFERENCE re: Complaint by LaToya S Redd against David Henry Hilton Jr.. - 727, 523(a)(2)


EH            


Docket 1

*** VACATED *** REASON: Cont. to 12/16/20 @ 1:30 p.m. by order entered on 7/27/20 (doc. 44) - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

David Henry Hilton Jr. Pro Se

Defendant(s):

David Henry Hilton Jr. Pro Se

Plaintiff(s):

LaToya S Redd Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:19-14874


Wok Fired Holding, Inc


Chapter 7

Adv#: 6:20-01043 Frealy v. Young


#28.00


STATUS CONFERENCE re: Complaint by Todd Frealy against Rick Young for:

  1. Avoidance of Preferential Transfers (§547);

  2. Avoidance of Fraudulent Transfers (§548);

  3. Recovery of Property of The Estate (§550); and,

  4. Objection to Scheduled Claim


EH            


(Cont. from 7/15/20)


Docket 1

*** VACATED *** REASON: Order approving stipulation regarding continuance of status conference to 11/4/20 @ 1:30 p.m. entered on 9/3/20 (doc. 31) - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Wok Fired Holding, Inc Represented By Julie J Villalobos

Defendant(s):

Richard Young Represented By Scott Talkov

Plaintiff(s):

Todd Frealy Represented By

Maria L Garcia

1:30 PM

CONT...

Trustee(s):


Wok Fired Holding, Inc


Chapter 7

Todd A. Frealy (TR) Represented By Amy L Goldman

10:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01171 Casey v. Downs


#1.00


Hearing RE: Motion To Dismiss Adversary Proceeding For Failure To Prosecute Pursuant To Rule 41(b)

(Motion filed 8/28/2020)


Docket 38

*** VACATED *** REASON: CONTINUED TO OCTOBER 7, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 9-10-2020 - (DOCKET NO. [42])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Whitney Downs Represented By Donald W Reid

Movant(s):

Whitney Downs Represented By Donald W Reid

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden

10:00 AM

CONT...


Andrea Steinmann Downs


Faye C Rasch Ryan W Beall


Chapter 7

10:00 AM

8:19-11843


Adam Foster


Chapter 7

Adv#: 8:19-01172 Cervantes v. Foster


#2.00


Hearing RE: First Amended Motion For Relief From Order Dismissing The Adversary Proceeding With Prejudice

(Amended Motion filed 8/18/2020)


Docket 23

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION TO RECONSIDER, VACATING HEARING, AND SETTING PRE-TRIAL CONFERENCE ENTERED 9-11-2020 - (DOCKET NO. [34])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Adam Foster Represented By

Amanda G Billyard

Defendant(s):

Adam Thomas Foster Represented By

Richard L. Sturdevant Natali A Ron

Movant(s):

Trina C. Cervantes Represented By Natali A Ron

Richard L. Sturdevant

Plaintiff(s):

Trina C. Cervantes Represented By Natali A Ron

Richard L. Sturdevant

10:00 AM

CONT...

Trustee(s):


Adam Foster


Chapter 7

Richard A Marshack (TR) Pro Se

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost


#3.00


CONT'D Hearing RE: Motion Of Foster Garvey PC To Dismiss Complaint For Failure To State A Claim Upon Which Relief Can Be Granted

(Motion filed 6-15-2020)

[Adversary case transferred from CB on 7/31/2020] (Hearing continued per Order Entered 8-7-2020)


FR: 8-25-20


Docket 13


Tentative Ruling:

Tentative for 9/23/20 is to DENY the motion to dismiss.


To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp.

v. Twombly, 550 U.S. 544, 570 (2007). When pleading fraud, the plaintiff must state "with particularity the circumstances constituting fraud or mistake." Fed.

R. Civ. P. 9(b).


Courts may "infer fraudulent intent from various kinds of circumstantial evidence." Edelson v. Commissioner, 829 F. 2d 828, 832 (9th Cir.1987), looking at "the totality of the circumstances and the conduct of the person accused" in order to make an inference of fraudulent intent. In re Ormsby, 591 F.3d 1199, 1206 (9th Cir. 2010).


Related to his First, Second, and Fourth causes of action, Plaintiff properly alleges facts, occurring before and around the time of the transfers to Defendant, to show that the transfers at issue were plausibly made with the intent to hinder, delay, or defraud creditors. Among these facts are the following, which demonstrate that Debtor was engaged in such behavior over the course of several years: (1) Debtor defaulted on its tax and unemployment obligations beginning in 2011; (2) Debtor’s principal had control over Debtor's

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

bank accounts and used those accounts for personal purposes; and,(3) Debtor's principal submitted fraudulent documents in 2014, and on more than one occasion, in order to obtain loans in Debtor's name.


While Debtor may have made payments toward its debts during the time periods in question, the making of such payments is not inconsistent with the asserted causes of action and does not negate the totality of circumstances demonstrating Debtor's intent to hinder, delay or defraud creditors.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606102422 Meeting ID: 160 610 2422

Password: 058173

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 610 2422

Password: 058173

For further details, please consult the instructions on the Court’s website

10:00 AM

CONT...

Eagan Avenatti, LLP

Chapter 7

https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Movant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack

10:00 AM

CONT...


Eagan Avenatti, LLP


John P. Reitman Meghan C Murphey


Chapter 7

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost


#4.00


CONT'D Hearing RE: Motion Of Foster Garvey PC For Summary Judgment Against Plaintiff's Third Cause Of Action

(Motion filed 7/14/2020)

[Adversary case transferred from CB on 7/31/2020] (Hearing continued per Order Entered 8-7-2020)


FR: 8-25-20


Docket 17


Tentative Ruling:

Tentative for 9/23/20:


The Court has reviewed the Motion for Summary Judgment (the "MSJ"), the evidence in support of the MSJ, the Opposition and the accompanying evidence, and the Reply with its supporting evidence, and is inclined to DENY without prejudice.


There is little doubt that Defendant represented Eagan Avenatti LLP ("EA LLP") during the relevant time period. The Court records of such representation are noted and clear. Plaintiff’s assertion of an apparent absence of a written engagement agreement is of no consequence to the issue of whether Defendant represented EA LLP. Such an absence of a written engagement agreement, in matters of representation amounting to fees of over $1,000 and without prior representation between the parties, is simply a contractual defense to payment demand.


The issue for the Court in this instance is whether the payment(s) made by EA LLP to Defendant were equivalent (as equivalent as required in this case) to amounts of work performed and benefit derived in the specific matters so strenuously and affirmatively asserted by Defendant.


The Court observes that no contemporaneous billing, containing discreet legal

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

service descriptions combined with time charges (not to be confused with invoices which cannot be determined at this time as to whether they are newly printed or otherwise created/sent contemporaneously at the time of alleged services), have been provided in support of the MSJ. The Court asks, why not? The Court further observes that no discovery deadline or motion deadline has been set in this case.


However, notwithstanding the foregoing, Plaintiff raises arguments, supported by both direct and circumstantial evidence, that provide the Court with sufficient material factual disputes to deny the MSJ. The Court anticipates that these disputes can and will be cleared up after discovery, further motion practice, or at trial.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606102422 Meeting ID: 160 610 2422

Password: 058173

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 610 2422

10:00 AM

CONT...

Eagan Avenatti, LLP

Chapter 7


Password: 058173


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Movant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By

10:00 AM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey


Chapter 7

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost


#5.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 4/14/2020)

[Adversary Case transferred from CB on 7/31/2020]

(S/C reset from 9/29/2020 per Order Entered 8/7/2020) FR: 6-30-20

Docket 1


Tentative Ruling:

Tentative for 9/23/20:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: January 29, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: March 15, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: April 28, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606102422 Meeting ID: 160 610 2422

Password: 058173

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 610 2422

Password: 058173


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By

10:00 AM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman


Chapter 7

Defendant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:20-11007


Sharif M. Atta


Chapter 7

Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta


#6.00


STATUS CONFERENCE Hearing RE: Amended Complaint To Determine Dischargeability

[11 U.S.C. Section 523(a)(6)]

(Complaint filed 6/29/2020) (Amended Complant filed 7/1/2020) (Another Summons issued 7/1/2020) (Another Summons issued 7/6/2020)


Docket 4

*** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 11:00 A.M. PER ORDER ON MOTION TO DISMISS ADVERSARY PROCEEDING ENTERED 9-14-2020 (DOCKET NO. [18])

Tentative Ruling:

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy

11:00 AM

CONT...


Andrea Steinmann Downs


Aram Ordubegian Annie Y Stoops


Chapter 7

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Movant(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#8.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint:

  1. To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 544(b) And 550;

  2. For Imposition Of A Resulting Trust;

  3. For Declaratory Relief;

  4. For Preservation Of The Transfer For The Benefit Of The Estate;

  5. For Attorneys' Fees And Costs (Complaint filed 9/6/2018)

[Case transferred from CB on 7/31/2020]


FR: 11-27-18; 1-8-19; 4-2-19; 6-11-29; 8-27-19; 11-12-19; 12-17-19; 1-29-20;

4-16-20; 5-19-20; 8-19-20


[Tele. appr., Gerald P. Kennedy, repr., Defendants, Susanna Steinmanm Wilson, Thomas Steinmann, John Steinman, and Mary Steinmann]


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DENYING MOTION TO EXTEND DISCOVERY CUT-OFF DATE, VACATING HEARINGS, AND SETTING SCHEDULING ORDER ENTERED 9-15-2020

- (DOCKET NO. [198])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By

11:00 AM

CONT...


Andrea Steinmann Downs


Gerald P Kennedy Aram Ordubegian Annie Y Stoops


Chapter 7

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:17-12746


Du Sik Kang


Chapter 7

Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al


#9.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

  1. Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];

  2. Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];

  3. Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];

  4. Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And

  5. Turnover [11 U.S.C. Section 542(a)] (Complaint filed 6/18/18)

    (First Amended Complaint filed 7/26/18) [Judgment RE Well Fargo ONLY] (PTC set at S/C held 6/12/19)


    FR: 9-12-18; 11-7-18; 1-23-19; 4-17-19; 6-12-19; 1-8-20; 4-15-20; 5-13-20;

    7-15-20; 23-20 at 1:30 p.m.


    Docket 11

    *** VACATED *** REASON: OFF CALENDAR - JUDGMENT PER STIPULATION ENTERED 8-6-2020 - (DOCKET NO. [73])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Du Sik Kang Represented By

    Jisoo Hwang

    Defendant(s):

    WELLS FARGO BANK, N.A. Represented By Sheri Kanesaka

    11:00 AM

    CONT...


    Du Sik Kang


    Chapter 7

    Ik Soo Bang Represented By

    Young K Chang

    Hye Young Bang Represented By Young K Chang

    Ik Soo Bang, Hye Young Bang, as Pro Se

    Wells Fargo & Company Represented By Sheri Kanesaka

    Plaintiff(s):

    Jeffrey I. Golden, Chapter 7 Trustee Represented By

    Noreen A Madoyan Meghann A Triplett

    Trustee(s):

    Jeffrey I Golden (TR) Represented By Noreen A Madoyan Meghann A Triplett

    11:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7


    #10.00


    CONT'D Hearing RE: Motion for relief from stay [Unlawful Detainer]


    Grit Development, Palm Springs, Agent For Plaza Mercado, LLC vs. DEBTOR

    [Affects Ruby's Palm Springs, Ltd. ONLY]

    (Motion filed 6/30/2020)

    (Case transferred from CB on 7/31/2020) (Hearing continued per Order Entered 8/7/2020)


    [RE: 155 South Palm Canyon Drive, Palm Springs, CA 92262]


    FR: 7-21-20; advanced from 9-24-20


    [Tele. appr., Alan J. Friedman, repr., Steven Craig]


    Docket 725

    *** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION RE: MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED BY GRIT DEVELOPMENT, PALM SPRINGS, AGENT FOR PLAZA MERCADO, LLC - (DOCKET NO. [823]

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

    Movant(s):

    Grit Development, Agent for Plaza Represented By

    Thomas J Polis

    Trustee(s):

    Richard A Marshack (TR) Represented By

    11:00 AM

    CONT...


    Ruby's Diner, Inc., a California corporation

    Laila Masud

    D Edward Hays Tinho Mang


    Chapter 7

    11:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7


    #11.00


    CONT'D Hearing RE: Nonresidential Landlord, Plaza Mercado, LLC's (Ruby's Diner Palm Springs Location) Motion For Order RE: (1) Compel Immediate Surrender Of The Palm Springs Premises RE: Section 365(d)(4) Of The Bankruptcy Code; And (2) Allowance Of Landlord's Administrative Rent Claims Under Section 365(d)(3) Of The Bankruptcy Code

    (Motion filed 6/30/2020)

    [Case transferred from CB on 7/31/2020]


    FR: 7-21-2020; advanced from 9-24-20


    [Tele. appr., Alan J. Friedman, repr., Steven Craig]


    Docket 726


    Tentative Ruling:

    Tentative for 9/23/20:


    This matter appears to have been resolved pursuant to the order entered 9/8/20 [Dk. 828]. Pursuant to the terms of that order, Movant was to have withdrawn this motion. As of the posting of this tentative, the motion remains on calendar. The parties are to appear and advise as to status.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1617870380

    11:00 AM

    CONT...


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    Meeting ID: 161 787 0380

    Password: 875724

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 787 0380

    Password: 875724


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan Leo A Bautista

    Movant(s):

    Grit Development, Agent for Plaza Represented By

    11:00 AM

    CONT...


    Trustee(s):


    Ruby's Diner, Inc., a California corporation

    Thomas J Polis


    Chapter 7

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays Tinho Mang

    11:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7


    #12.00


    CONT'D Hearing RE: Motion To Authorize Post-Petition Financing In The Amount Of $25,000 To Fund Proposed Cost Retainer For Special Counsel And Grant Administrative Claim As A Necessary Cost And Expense Of The Estate Pursuant To 11 U.S.C. Section 364(c)

    (Motion filed 7/28/2020)


    FR: 8-19-20


    [Tele. appr., Alan J. Friedman, repr., Steven Craig]


    Docket 759


    Tentative Ruling:

    Tentative for 9/23/20 is to APPROVE, except Pachulski Stang Ziehl & Jones, LLP shall not fund any part of the retainer.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

    Password: 875724


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

    11:00 AM

    CONT...


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 787 0380

    Password: 875724


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.



    Party Information

    Debtor(s):

    Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan Leo A Bautista

    Movant(s):

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays Tinho Mang

    11:00 AM

    CONT...

    Trustee(s):


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays Tinho Mang

    11:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7


    #13.00


    CONT'D STATUS CONFERENCE Hearing RE: Case Management Conference (Petiton filed 9/5/2018)

    [Case transferred from CB on 7/31/2020]

    (S/C set per Order Entered 8/7/2020)


    FR: 9-24-18; 10-22-18; 11-2-18; 12-14-18; 12-18-18; 1-16-19; 1-30-19; 2-27-19;

    4-25-19; 6-5-19; 6-12-19; 7-24-19; 8-28-19; 9-11-19; 9-27-19; 10-23-19;

    11-22-19; 11-26-19; 12-19-19; 1-23-20; 3-25-29; 4-15-20; 5-20-20; 6-9-20;

    advanced from 9-24-20; 8-19-20


    [Tele. appr., Alan J. Friedman, repr., Steven Craig]


    Docket 1


    Tentative Ruling:

    Tentative for 9/23/20:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

    Password: 875724


    If a participant is unable to send and receive audio through his/her computer,

    11:00 AM

    CONT...


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 787 0380

    Password: 875724


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan Leo A Bautista

    Trustee(s):

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays Tinho Mang

    11:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7


    #14.00


    CONT'D Hearing RE: Trustee's Application To Employ Miller Barondess LLP As Special Counsel And To Authorize Prosecution Of Claims

    (Motion filed 7/28/2020)


    FR: 8-19-20


    [Tele. appr., Alan J. Friedman, repr., Steven Craig]


    Docket 757


    Tentative Ruling:

    Tentative for 9/23/20 is to APPROVE:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

    Password: 875724


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    11:00 AM

    CONT...


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 787 0380

    Password: 875724


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan Leo A Bautista

    Movant(s):

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays Tinho Mang

    Trustee(s):

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays

    11:00 AM

    CONT...


    Ruby's Diner, Inc., a California corporation

    Tinho Mang


    Chapter 7

    11:00 AM

    8:19-10661


    Huy Quang Dao


    Chapter 7

    Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al


    #15.00


    CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Seeking Damages In Core Adversary Proceedings

    (Complaint filed 6/10/19) (PTC set at S/C held 9/4/19)


    FR: 9-4-19; 5-13-20; 9-16-20


    [Tele. appr., Michael E. Sayer, repr., Ho Jung Kim DDS, Inc.]


    Docket 1


    Tentative Ruling:

    Tentative for 9/23/20:


    Virtual appearances are required. The pretrial stipulation is unacceptable and is DENIED for the following reasons:


    1. The pretrial stipulation does not contain a joint exhibit list or witness list as required by LBR 7016-1(b)(D)-(E) and was filed late. It was filed on 9/16/20 [Dk. 40]; however, it was due on 9/9/20.


    2. The pretrial stipulation at §5, pg. 6:6-7, states that Defendant Kellie Ho Ta intends to file a motion to dismiss. The Court will not entertain a motion to dismiss as the deadline of 8/3/20 to file non-discovery motions has passed. (See, Order Approving Stipulation to Extend Discovery Motions Deadline and Continue Pretrial Conference entered 1/20/20 [Dk. 30]).


    3. The final bullet point contained in § 2, Issues of Fact, pg 5:12, does not contain a complete citation and reads: "Is Plaintiff entitled to seek damages under 11 U.S.C. § (a)(2)(b)."


The Court will sanction each party $250.00, payable to the Court, for the failure to adhere to applicable rules and procedures. The parties have been

11:00 AM

CONT...


Huy Quang Dao


Chapter 7

previously warned to comply with all applicable rules and procedures. (See, Scheduling Order entered 9/4/19 [Dk. 9]). These payments shall be made by September 30, 2020.


The Court will also set a continued pretrial conference hearing on October 21, 2020, at 11:00 a.m., The parties shall cooperate and work together to prepare and file with the Court an acceptable proposed joint pretrial stipulation which complies with all applicable rules by no later than October 7, 2020.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

Password: 875724

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 787 0380

Password: 875724

For further details, please consult the instructions on the Court’s website

11:00 AM

CONT...

Huy Quang Dao

Chapter 7

https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


************************************************************************** Tentative for 09/04/19:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: 02/17/2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: 04/03/2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: 05/13/2020 at 11:00 a.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

Party Information

Debtor(s):

Huy Quang Dao Represented By Denise Ho

11:00 AM

CONT...


Huy Quang Dao


Chapter 7

Defendant(s):

Huy Quang Dao Represented By Denise Ho

Kellie Ho Ta Represented By

Denise Ho

Joint Debtor(s):

Kellie Ho Ta Represented By

Denise Ho

Plaintiff(s):

Ho Jung Kim DDS, Inc. Represented By Michael E Sayer

Trustee(s):

Weneta M Kosmala (TR) Pro Se

11:00 AM

8:19-11484


Karen Ann Jerez


Chapter 7


#16.00


Hearing RE: Request By Creditor Manuel Sotelo To Revoke Debtor Karen Ann Jerez's Discharge Based Upon Fraud On The Court

(Motion filed 8/12/2020)


Docket 16

*** VACATED *** REASON: OFF CALENDAR - ORDER DENYING MOTION TO REOPEN CHAPTER 7 BANKRUPTCY CASE WITHOUT PREJUDICE ENTERED 8-17-2020 - (DOCKET NO. [20])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Karen Ann Jerez Represented By Christopher J Langley

Movant(s):

Manuel Sotelo Represented By Joseph C Rosenblit

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01198 Moersch v. Zahedi


#17.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt:

  1. False Pretenses, False Representation, Fraud [11 U.S.C. Section 523(a)(2)(A)]

  2. Wilful And Malicious Injury [11 U.S.C. Section 523(a)(6)] (Complaint filed 9/30/19)

    (PTC set at S/C held 12/18/19) FR: 12-18-19; 7-1-20; 8-5-20


    Docket 1

    *** VACATED *** REASON: CONTINUED TO DECEMBER 2, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION OF THE PARTIES TO CONTINUE PRETRIAL CONFERENCE ENTERED 9-15-2020 - (DOCKET NO. [36])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Charles S Zahedi Represented By

    Catherine Christiansen Fritz J Firman

    Defendant(s):

    Charles S Zahedi Represented By Fritz J Firman

    Plaintiff(s):

    Carlo Moersch Represented By Jeffrey D Schreiber

    11:00 AM

    CONT...

    Trustee(s):


    Charles S Zahedi


    Chapter 7

    Richard A Marshack (TR) Pro Se

    11:00 AM

    8:19-13560


    Eagan Avenatti, LLP


    Chapter 7


    #18.00


    Hearing RE: Motion For Approval Of Compromise With Robert Stoll Jr. And Stoll Nussbaum & Polakov, APC

    (Motion filed 8/4/2020)


    [Tele. appr., Ryan O'Dea, repr., Michael Avenatti]


    [Tele. appr., Fredrick A. Rafeedie, repr., Alki Bakery, Inc.]


    Docket 187


    Tentative Ruling:

    Tentative for 9/23/20 is to APPROVE the compromise.


    A four-factor inquiry determines the "fairness, reasonableness, and adequacy" of the compromise: (1) the moving party’s probability of success in the litigation; (2) the difficulties, if any, of collection; (3) the complexity of the litigation involved, and the expense, inconvenience, and delay necessarily attending it; and (4) the paramount interest of the creditors and a proper deference to their reasonable views in the premises. In re A & C Properties, 784 F.2d 1377, 1381 (9th Cir. 1986).


    The Court is inclined to determine that the factors weigh in favor of approval, primarily due to the evidence provided by Movant which demonstrates: (1) Trustee's key witness has been unable to provide sufficient admissible evidence to support the litigation, (2) the litigation pertains to a highly contentious matters, spanning a substantial length of time, and (3) that avoiding the accrual of substantial administrative expenses is in the best interest of the Estate.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

    11:00 AM

    CONT...


    Eagan Avenatti, LLP


    Chapter 7


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

    Password: 875724

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 787 0380

    Password: 875724


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Eagan Avenatti, LLP


    Chapter 7

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    Movant(s):

    Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

    Judith E Marshack John P. Reitman Meghan C Murphey

    Trustee(s):

    Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

    Judith E Marshack John P. Reitman Meghan C Murphey

    11:00 AM

    8:19-13560


    Eagan Avenatti, LLP


    Chapter 7

    Adv#: 8:19-01186 Marshack v. Avenatti et al


    #19.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers; Preference; Declaratory Relief; Turnover; Preliminary And Permanent Injunction; Breach Of Fiduciary Duty; Disallowance Of Proofs Of Claim; Equitable Subordination

    (Complaint filed 9/16/2019)

    (Adversary case transferred from CB on 7/31/2020)

    (S/C advanced from 9-29-20 per Order Entered 8/7/2020)


    FR: 12-2-19; 2-25-20; 3-31-20; 6-2-20; 9-29-20


    [Tele. appr., Ryan O'Dea, repr., Michael Avenatti]


    [Tele. appr., Fredrick A. Rafeedie, repr., Alki Bakery, Inc.]


    Docket 1


    Tentative Ruling:

    Tentative for 9/23/20:


    Virtual appearances are required. The parties should be prepared to discuss whether this matter should be stayed as to all Defendants pending the resolution of Defendant Avenatti's criminal proceeding. The Court is not inclined to stay this matter in a piecemeal fashion.


    The court is inclined to CONTINUE to November 18, 2020, at 11:00 a.m. A status report is due 14 days in advance.


    The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser

    11:00 AM

    CONT...


    Eagan Avenatti, LLP


    Chapter 7

    by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

    Password: 875724

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 787 0380

    Password: 875724


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    11:00 AM

    CONT...


    Eagan Avenatti, LLP


    Chapter 7

    Defendant(s):

    Michael Avenatti Represented By Ryan D O'Dea

    Lisa Storie-Avenatti Pro Se

    Avenatti & Associates APC Represented By Ryan D O'Dea

    Plaintiff(s):

    Richard A Marshack Represented By Jack A. Reitman

    Trustee(s):

    Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

    Judith E Marshack John P. Reitman Meghan C Murphey

    11:00 AM

    8:19-13560


    Eagan Avenatti, LLP


    Chapter 7

    Adv#: 8:20-01049 Marshack v. Aledmi, LLC et al


    #20.00


    CONT'D STATUS CONFERENCE Hearing RE: Second Amended Complaint For Avoidance And Recovery Of Voidable Transfers

    (Complaint filed 4/14/2020)

    (First Amended Complaint filed 4/15/2020)

    [Adversary case transferred from CB on 7/31/2020]

    (S/C advanced from 9/29/2020 per Order Entered 8/7/2020) (Second Amended Complaint filed 7/21/2020)


    FR: 6-30-20


    [Tele. appr., Ryan O'Dea, repr., Michael Avenatti]


    [Tele. appr., Fredrick A. Rafeedie, repr., Alki Bakery, Inc.]


    Docket 19


    Tentative Ruling:

    Tentative for 9/23/20:


    The Court is inclined to set the following dates/deadlines:


    1. Discovery cutoff: January 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: March 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: April 28, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


Plaintiff is to lodge a scheduling order within seven (7) days.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

Password: 875724

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 787 0380

Password: 875724

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

11:00 AM

CONT...

Eagan Avenatti, LLP

Chapter 7

As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Aledmi, LLC Represented By

Michael Simon

Lei Lei Wang Ekvall

Alan Chaffee Represented By

Michael Simon

Lei Lei Wang Ekvall

Edwin Spaunhurst Represented By Michael Simon

Lei Lei Wang Ekvall

Michael White Represented By Michael Simon

Lei Lei Wang Ekvall

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

11:00 AM

CONT...


Eagan Avenatti, LLP


Judith E Marshack John P. Reitman Meghan C Murphey


Chapter 7

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01050 Marshack v. Alki Bakery, Inc.


#21.00


CONT'D STATUS CONFERENCE Hearing: RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 4/14/2020)

(Adversary case transferred from CB on 7/31/2020)

(Hearing advanced from 9/29/2020 per Order Entered 8/7/2020)


FR: 6-30-20


[Tele. appr., Ryan O'Dea, repr., Michael Avenatti]


[Tele. appr., Fredrick A. Rafeedie, repr., Alki Bakery, Inc.]


Docket 1


Tentative Ruling:

Tentative for 9/23/20:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: January 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: March 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: April 28, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

Password: 875724

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 787 0380

Password: 875724


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Alki Bakery, Inc. Represented By Fredrick A Rafeedie

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01051 Marshack v. Faieta dba Competition Motorsports


#22.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 4/14/2020)

[Adversary case transferred from CB on 7/31/2020]

(Hearing advanced from 9/29/2020 per Order Entered 8/7/2020)


FR: 6-30-20


[Tele. appr., Ryan O'Dea, repr., Michael Avenatti]


[Tele. appr., Fredrick A. Rafeedie, repr., Alki Bakery, Inc.]


Docket 1


Tentative Ruling:

Tentative for 9/23/20:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: January 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: March 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: April 28, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

Password: 875724

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 787 0380

Password: 875724


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Robert Faieta dba Competition Represented By Christopher L Blank

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

1:30 PM

8:17-12746


Du Sik Kang


Chapter 7

Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al


#23.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

  1. Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];

  2. Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];

  3. Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];

  4. Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And

  5. Turnover [11 U.S.C. Section 542(a)] (Complaint filed 6/18/18)

(First Amended Complaint filed 7/26/18) [Judgment RE Well Fargo ONLY] (PTC set at S/C held 6/12/19)


FR: 9-12-18; 11-7-18; 1-23-19; 4-17-19; 6-12-19; 1-8-20; 4-15-20; 5-13-20;

7-15-20


Docket 11

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER ORDER ADVANCING PRE-TRIAL CONFERENCE FROM 1:30 P.M. TO 11:00 A.M. ENTERED 7-9-2020 - (DOCKET NO. [67])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Du Sik Kang Represented By

Jisoo Hwang

Defendant(s):

Ik Soo Bang Represented By

Young K Chang

1:30 PM

CONT...


Du Sik Kang


Chapter 7

Hye Young Bang Represented By Young K Chang

Ik Soo Bang, Hye Young Bang, as Pro Se

Wells Fargo & Company Represented By Sheri Kanesaka

WELLS FARGO BANK, N.A. Represented By Sheri Kanesaka

Plaintiff(s):

Jeffrey I. Golden, Chapter 7 Trustee Represented By

Noreen A Madoyan Meghann A Triplett

Trustee(s):

Jeffrey I Golden (TR) Represented By Noreen A Madoyan Meghann A Triplett

2:00 PM

8:20-12636


Golden Hotel LLC


Chapter 11


#29.00


Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral And Turnover Of Estate Property

(Motion filed 9/22/2020)


Docket 15


Tentative Ruling:

Tentative for 9/23/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619310781 Meeting ID: 161 931 0781

Password: 809752


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 931 0781

2:00 PM

CONT...


Golden Hotel LLC


Chapter 11

Password: 809752


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

2:00 PM

8:20-12636


Golden Hotel LLC


Chapter 11


#30.00


Hearing RE: Debtor's Emergency Motion For Order Authorizing (A) Payment Of Pre-Petition Wages; And (B) Honoring Of Pre-Petition Paid Time Off

(Motion filed 0/22/2020)


Docket 18


Tentative Ruling:

Tentative for 9/23/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619310781 Meeting ID: 161 931 0781

Password: 809752


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 931 0781

2:00 PM

CONT...


Golden Hotel LLC


Chapter 11

Password: 809752


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

2:00 PM

8:20-12636


Golden Hotel LLC


Chapter 11


#31.00


Hearing RE: Debtor's Emergency Motion For Order Authorizing Continued Use Of Debtors' Pre-Existing Cash Management System

(Motion filed 9/22/2020)


Docket 19


Tentative Ruling:

Tentative for 9/23/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619310781 Meeting ID: 161 931 0781

Password: 809752


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 931 0781

2:00 PM

CONT...


Golden Hotel LLC


Chapter 11

Password: 809752


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

2:00 PM

8:20-12636


Golden Hotel LLC


Chapter 11


#32.00


Hearing RE: Debtors' Emergency Motion For Order: (A) Prohibiting Utility Providers From Altering, Refusing or Discontinuing Service; (B) Deeming Utilities Adequately Assured Of Future Performance; And (C) Establishing Procedures For Determining Adequate Assurance Of Payment Under 11 U.S.C. Section 366 (Motion filed 9/22/2020)


Docket 20


Tentative Ruling:

Tentative for 9/23/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619310781 Meeting ID: 161 931 0781

Password: 809752


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

2:00 PM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 161 931 0781

Password: 809752


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

10:00 AM

8:18-13588


Tim M McKenna


Chapter 7


#1.00


Motion for relief from stay [Real Property]


Nationstar Mortgage LLC d/b/a Mr. Cooper As Servicing Agent For U.S. Bank National Association, As Trustee, Successor In Interest To LaSalle Bank National Association, As Trustee For Thornburg Mortgage Securities Trust 2006-1, Mortgage Pass-Through Certificates Series 2006-1 vs. DEBTOR (Motion filed 8/26/2020)


[RE: 1059 South Summer Breeze Lane, Anaheim, CA 92808]


Docket 184


Tentative Ruling:

Tentative for 9/24/20:


Grant pursuant to 11 U.S.C. § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Tim M McKenna Represented By

10:00 AM

CONT...


Movant(s):


Tim M McKenna


Michael G Spector


Chapter 7

U.S. Bank National Association, as Represented By

Nancy L Lee

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

10:00 AM

8:19-13159


Homestead Escrow, Inc.


Chapter 7


#2.00


Motion for relief from stay [Action In Non-Bankruptcy Forum]


Judy Crozier vs. DEBTOR (Motion filed 8/10/2020) (Amended Motion filed 8/17/2020)

(Second Amended Motion filed 8/17/2020)


[RE: Case Name: Judy Crozier vs. Homestead Escrow, Inc.] [Docket Number: 19STCV13777]

[Pending In: Superior Court Of California, County Of Los Angeles]


Docket 33


Tentative Ruling:

Tentative for 9/24/20 is to DENY for improper service.


LBR 4001-1(c)(1)(C)(i) requires Debtor to be served. The proof of service does not indicate that Debtor was served.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617858563 Meeting ID: 161 785 8563

Password: 778450

10:00 AM

CONT...


Homestead Escrow, Inc.


Chapter 7


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 785 8563

Password: 778450


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Movant(s):

JUDY CROZIER Represented By William Swearinger

Trustee(s):

Karen S Naylor (TR) Pro Se

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#3.00


CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]


Stoll, Nussbaum & Polakov vs. DEBTOR (Motion filed 9/26/2019)

[Case transferred from CB on 7/31/2020]


[RE: Case Name: Eagan Avenatti LLP v. Stoll, Nussbaum & Polakov, et al.] [Docket No: 30-2011-00483570 Consolidated With 30-2013-00627604] [Pending In: California Superior Court For The County Of Orange


FR: 11-5-19; 11-12-19; 12-3-19; 1-28-20; 3-24-20; 6-2-20


Docket 13

*** VACATED *** REASON: CONTINUED TO DECEMBER 17, 2020 AT 10:00 A.M. PER ORDER APPROVING FOURTH STIPULATION TO CONTINUE HEARING ON MOTION ENTERED FOR RELIEF FROM THE AUTOMATIC STAY 9-16-2020 - (DOCKET NO. [200])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Stoll, Nussbaum & Polakov Represented By

H James Keathley Karen S. Naylor

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman

10:00 AM

CONT...


Eagan Avenatti, LLP


D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey


Chapter 7

10:00 AM

8:20-11656


Guadalupe Cardenas


Chapter 7


#4.00


Motion for relief from stay [Personal Property]


21st Mortgage Corporation vs. DEBTOR (Motion filed 8/13/2020)


[RE: 2016 Skyline Manufactured Home] [Serial Nos.: AU710175JA and AU710175JB]

[Label Nos.: PFS1175535 and PFS1175536; Decal No. LBN1137]

[Located At 2300 S. Lewis Street, Space No. 23, Anaheim, CA 92802]


2300 S. Lewis St, Sp#23, Anaheim, CA 92802 . (Weifenbach, Diane) - - Warning: See docket entry no.: [14] for corrections - Modified on 8/14/2020 (Bolte, Nickie).


Docket 12

*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO APPEAR AT 341(a) MEETING OF CREDITORS ENTERED 8-14-2020 - (DOCKET NO. [17)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Guadalupe Cardenas Represented By Leon D Bayer

Movant(s):

21ST MORTGAGE Represented By Diane Weifenbach

Trustee(s):

Weneta M Kosmala (TR) Pro Se

10:00 AM

8:20-11732


Timothy R Ledbetter and Jessica L Ledbetter


Chapter 7


#5.00


Motion for relief from stay [Personal Property]


Cab West, LLC vs. DEBTORS (Motion filed 8/3/2020)


[RE: 2017 Ford Edge - VIN No.: 2FMPK3J9XHBC45255]


Docket 15


Tentative Ruling:

Tentative for 9/24/20:


Grant pursuant to 11 U.S.C. § 362(d)(1). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Timothy R Ledbetter Represented By

Catherine Christiansen

10:00 AM

CONT...


Timothy R Ledbetter and Jessica L Ledbetter


Chapter 7

Joint Debtor(s):

Jessica L Ledbetter Represented By

Catherine Christiansen

Movant(s):

Cab West, LLC Represented By Sheryl K Ith

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:20-11732


Timothy R Ledbetter and Jessica L Ledbetter


Chapter 7


#6.00


Motion for relief from stay [Personal Property]


ACAR Leasing LTD d/b/a GM Financial Leasing vs. DEBTORS (Motion filed 8/14/2020)


[RE: 2018 Chevrolet Colorado - VIN No.: 1GCHSCENXJ1267127]


Docket 18

*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED 9-11-2020 - (DOCKET NO. [21])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Timothy R Ledbetter Represented By

Catherine Christiansen

Joint Debtor(s):

Jessica L Ledbetter Represented By

Catherine Christiansen

Movant(s):

ACAR Leasing LTD d/b/a GM Represented By Sheryl K Ith

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:20-11850


Gloria Garcia Palmer


Chapter 7


#7.00


CONT'D Motion for relief from stay [Personal Property]


Partners Federal Credit Union vs. DEBTOR (Motion filed 7/28/2020)

(Case transferred from CB on 7/31/2020)


RE: 2013 Nissan Leaf - VIN No: 1N4AZ0CP5DC402304


FR: 8-18-20; 9-24-20 at 11:00 a.m.


Docket 9


Tentative Ruling:

Tentative for 9/24/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Gloria Garcia Palmer Represented By

10:00 AM

CONT...


Movant(s):


Gloria Garcia Palmer


Chris T Nguyen


Chapter 7

Partners Federal Credit Union Represented By Yuri Voronin

Trustee(s):

Weneta M Kosmala (TR) Pro Se

10:00 AM

8:19-13159


Homestead Escrow, Inc.


Chapter 7


#7.10


Motion for relief from stay [Action In Non-Bankruptcy Forum]


Homestead Escrow, Inc. vs. DEBTOR (Motion filed 9/2/2020)


[RE: Case Name: Woodruff Trust v. Pacific Coast Financial LLC, et al.] [Docket Number: 30-2019-01047852-CU-OR-CJC]

[Pending In: Superior Court Of California, County Of Orange]


Docket 36


Tentative Ruling:

Tentative for 9/24/20 is to GRANT.


While the requested relief may not, on its face, involve property of Debtor's estate, this Court is prepared to grant the motion to allow Debtor to proceed in state court in order to insure that the state court understands that this bankruptcy case does not stand in its way to adjudicate the dispute.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617858563 Meeting ID: 161 785 8563

Password: 778450

10:00 AM

CONT...


Homestead Escrow, Inc.


Chapter 7


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 785 8563

Password: 778450


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Movant(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Pro Se

10:00 AM

8:20-11905


Fadi Moussaoui and Diana Moussaoui


Chapter 7


#7.20


Motion for relief from stay [Unlawful Detainer]


Andy Pham vs. DEBTORS (Motion filed 8/28/2020) (Amended Motion filed 9/2/2020)


[RE: 10731 El Rubi Circle, Fountain Valley, CA 92708]


Docket 21


Tentative Ruling:

Tentative for 9/24/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and extraordinary relief as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Fadi Moussaoui Represented By Paul Y Lee

10:00 AM

CONT...


Fadi Moussaoui and Diana Moussaoui


Chapter 7

Joint Debtor(s):

Diana Moussaoui Represented By Paul Y Lee

Movant(s):

Andy Pham Represented By

Thinh V Doan

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:20-10898


Robert George Campoy


Chapter 11


#8.00


Hearing RE: Amended Motion By United States Trustee To Dismiss Case Or Convert Case To One Under Chapter 7 Pursuant To 11 U.S.C. 1112(b) (Motion filed 8/5/2020)


Docket 60

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE WITHOUT PREJUDICE ENTERED 9-10-2020 - (DOCKET NO. [67])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert George Campoy Represented By Michael Jones

Movant(s):

United States Trustee (SA) Represented By Michael J Hauser

Trustee(s):

Robert Paul Goe (TR) Pro Se

11:00 AM

8:20-11850


Gloria Garcia Palmer


Chapter 7


#9.00


CONT'D Motion for relief from stay [Personal Property]


Partners Federal Credit Union vs. DEBTOR (Motion filed 7/28/2020)

(Case transferred from CB on 7/31/2020)


RE: 2013 Nissan Leaf - VIN No: 1N4AZ0CP5DC402304


FR: 8-18-20


Docket 9

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 24, 2020 AT 10:00 A.M. PER AMENDED ORDER CONTINUING HEARING ON RELIEF FROM STAY ENTERED 8-19-2020 - (DOCKET NO. [14])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gloria Garcia Palmer Represented By Chris T Nguyen

Movant(s):

Partners Federal Credit Union Represented By Yuri Voronin

Trustee(s):

Weneta M Kosmala (TR) Pro Se

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#10.00


Motion for relief from stay [Action In Non-Bankruptcy Forum]


BMO Harris Bank, N.A. vs. DEBTOR (Motion filed 8/27/2020)


[RE: Case Name: BMO Harris Bank N.A. v. Ajax Leasing Co. LLC, et al.] [Docket Number: 20NWCV00296]

[Pending In: Los Angeles County Superior Court, State of California, Norwalk Courthouse]


Docket 26


Tentative Ruling:

Tentative for 9/24/20:


The Motion should be denied. The Movant seeks relief from stay to have a state court determine liability of the Debtor in state court, and implies that the Movant will seek a state court determination of non-dischargeability of any such liability. This Court will not delegate any authority to a state court to make such determination. The most the state court would be permitted to do by this Court is determine whether there is any pre-petition liability to the Movant by the Debtor.


This Court also notes that no adversary proceeding with respect to non- dischargeability has been filed against the Debtor by the Movant. The deadline for filing such adversary proceeding is November 3, 2020. If timely action is not filed in this Court, there is no need to have the state court proceed with an action against the Debtor.


The Court further notes that Movant does not address through submitted evidence the Curtis factors, which provide the standard for determining whether cause exists to grant relief to proceed in a non-bankruptcy forum. For this reason alone, the Motion is denied.

11:00 AM

CONT...


Christopher Alexander Todero


Chapter 11


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1610139414 Meeting ID: 161 013 9414

Password: 518473

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 013 9414

Password: 518473


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited

11:00 AM

CONT...


Christopher Alexander Todero


Chapter 11

from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Movant(s):

BMO HARRIS BANK N.A. Represented By

Jennifer Witherell Crastz

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:17-14386


Rodney Glen Bassett


Chapter 11


#11.00


CONT'D Hearing RE: Post-Confirmation Status Conference (Petition filed 11/6/2017)

[Case transferred from CB on 7/31/2020]


FR: 11-14-17; 1-24-18; 4-25-18; 7-25-18; 9-26-18; 12-12-18; 4-24-19; 10-23-19;

11-27-19; 1-22-20; 7-22-20; 9-23-20


Docket 1

*** VACATED *** REASON: CONTINUED TO OCTOBER 22, 2020 AT 11:00 A.M. PER ORDER CONTINUING POST-CONFIRMATION STATUS CONFERENCE AND REQUIRING STATUS REPORT ENTERED 9-27-20 - (DOCKET NO. [124])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rodney Glen Bassett Represented By Michael R Totaro

Movant(s):

Rodney Glen Bassett Represented By Michael R Totaro Michael R Totaro

11:00 AM

8:17-12660


Chrestotes, Inc


Chapter 11


#12.00


CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/17)

(Set at Confirmation Hearing on 10/25/18)


FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18; 7-12-18; 8-2-18; 10-18-18;

10-25-18; 4-18-19; 7-18-19; 1-9-20; 4-16-20; 6-24-20


Docket 9


Tentative Ruling:

Tentative for 9/24/20 is to CONTINUE to February 18, 2021, at 11:00 a.m. A status report, which complies with LBR 3020-1(b), is due 14 days in advance.


The Court has read and considered the Comments filed by Mr. Tilem on 9/11/20 [Dk. 304] and, in the event of a default by Debtor, invites the filing of whatever motion Mr. Tilem deems appropriate.


Appearances for the 9/24 hearing are excused.


***************************************************************************

Tentative for 6/25/20 is to CONTINUE to September 24, 2020 at 11:00 a.m. A status report, which complies with LBR 3020-1(b), is due 14 days in advance.


The status report filed 6/15/20 [Dk. 300] does not comply with the requirements set forth in LBR 3020-1. Specifically, the report does not include a schedule listing each debt and each class of claims, the total amounts to be paid under the plan and paid to date, and any deficiencies. Future non- compliance may result in non-monetary sanctions, including conversion or dismissal.


Appearances for the 6/25 hearing are excused.


***************************************************************************************

11:00 AM

CONT...


Chrestotes, Inc


Chapter 11

Tentative for 1/09/20:


This matter is CONTINUED to 04/16/20 at 11:00 a.m. A status report, which complies with LBR 3020-1, is due 14 days in advance.


The Court notes that the status report filed 1/2/20 [Dk. 293] did not comply with the requirements set forth in LBR 3020-1. Non-compliance is excused in this instance, but future compliance is required.


Appearances are excused.


**************************************************************************** Tentative for 4/18/19:


The Court has received and reviewed the Declaration of Default and Request for Hearing Regarding Default Under the Plan filed by Debtor's attorney, David Tilem, on March 29, 2019 [Dk. 269]. As of the posting of this Tentative, no post-confirmation status report has been filed. The Court requires a briefing of the status of Debtor's performance for all post-confirmation requirements, not just payments to Debtor's counsel.


The Court is inclined to issue an Order to Show Cause why the case should not be converted to Chapter 7 for Debtor's failure to perform under the terms of the Plan ("OSC").


Debtor and its counsel should both appear at the hearing, brief the Court as to the status of Debtor's performance under the terms of the plan, and propose a hearing date and briefing schedule for the OSC.


Appearances required.


Debtor(s):


Party Information

Chrestotes, Inc Represented By David A Tilem Kevin Tang

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#13.00


CONT'D Hearing RE: Nonresidential Landlord, Plaza Mercado, LLC's (Ruby's Diner Palm Springs Location) Motion For Order RE: (1) Compel Immediate Surrender Of The Palm Springs Premises RE: Section 365(d)(4) Of The Bankruptcy Code; And (2) Allowance Of Landlord's Administrative Rent Claims Under Section 365(d)(3) Of The Bankruptcy Code

(Motion filed 6/30/2020)

[Case transferred from CB on 7/31/2020]


FR: 7-21-2020


Docket 726

*** VACATED *** REASON: ADVANCED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER ORDER ADVANCING CASE MANAGEMENT CONFERENCE AND HEARINGS ON MOTIONS ENTERED 8-10-2020 - (DOCKET NO. [779])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#14.00


CONT'D Hearing RE: Motion for relief from stay [Unlawful Detainer]


Grit Development, Palm Springs, Agent For Plaza Mercado, LLC vs. DEBTOR

[Affects Ruby's Palm Springs, Ltd. ONLY]

(Motion filed 6/30/2020)

(Case transferred from CB on 7/31/2020) (Hearing continued per Order Entered 8/7/2020)


[RE: 155 South Palm Canyon Drive, Palm Springs, CA 92262]


FR: 7-21-20


Docket 725

*** VACATED *** REASON: ADVANCED TO SEPTEMBER 23, 2020 AT 11:00 A.M. PER ORDER ADVANCING CASE MANAGEMENT CONFERENCE AND HEARINGS ON MOTIONS ENTERED 8-10-2020 - (DOCKET NO. [779])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Grit Development, Agent for Plaza Represented By

Thomas J Polis

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation

Tinho Mang


Chapter 7

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#15.00


CONT'D STATUS CONFERENCE Hearing RE: Case Management Conference (Petiton filed 9/5/2018)

[Case transferred from CB on 7/31/2020]

(S/C set per Order Entered 8/7/2020)


FR: 9-24-18; 10-22-18; 11-2-18; 12-14-18; 12-18-18; 1-16-19; 1-30-19; 2-27-19;

4-25-19; 6-5-19; 6-12-19; 7-24-19; 8-28-19; 9-11-19; 9-27-19; 10-23-19;

11-22-19; 11-26-19; 12-19-19; 1-23-20; 3-25-29; 4-15-20; 5-20-20; 6-9-20


Docket 1

*** VACATED *** REASON: ADVANCED TO AUGUST 19, 2020 AT 11:00 A.M. PER ORDER ADVANCING CASE MANAGEMENT CONFERENCE AND HEARINGS ON MOTIONS ENTERED 8-10-2020 - (DOCKET NO. [779])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays

11:00 AM

8:19-11889


Invensure Insurance Brokers, Inc.


Chapter 11

Adv#: 8:20-01107 Invensure Insurance Brokers, Inc. v. Prince et al


#16.00


Hearing RE: Motion To Dismiss Plaintiff's Complaint Pursuant To Rule 12(b)(6)

Of The Federal Rules Of Civil Procedure (Motion filed 8/7/2020)


Docket 5

*** VACATED *** REASON: OFF CALENDAR - ORDER AND MEMORANDUM OF DECISION DISMISSING ADVERSARY PROCEEDING BASED UPON PERMISSIVE ABSTENTION ENTERED 9- 21-2020 - (DOCKET NO. [11])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Invensure Insurance Brokers, Inc. Represented By

Carol Chow

Defendant(s):

Duncan Prince Represented By Andrew D. Weiss

Prince and Fleming Insurance Represented By Andrew D. Weiss

ERM Insurance Brokers, Inc. Represented By Andrew D. Weiss

Plaintiff(s):

Invensure Insurance Brokers, Inc. Represented By

Carol Chow

11:00 AM

8:19-11889


Invensure Insurance Brokers, Inc.


Chapter 11

Adv#: 8:20-01107 Invensure Insurance Brokers, Inc. v. Prince et al


#17.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Civil Rico Violations;

  2. Fraud And Deceit;

  3. Breach Of Fiduciary Duty;

  4. Turnover And Accounting; And

  5. Disallowance Of Claim And Interest (Complaint filed 7/6/2020)


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER AND MEMORANDUM OF DECISION DISMISSING ADVERSARY PROCEEDING BASED UPON PERMISSIVE ABSTENTION ENTERED 9- 21-2020 - (DOCKET NO. [11])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Invensure Insurance Brokers, Inc. Represented By

Carol Chow

Defendant(s):

Duncan Prince Pro Se

Prince and Fleming Insurance Pro Se

ERM Insurance Brokers, Inc. Pro Se

Plaintiff(s):

Invensure Insurance Brokers, Inc. Represented By

Carol Chow

11:00 AM

8:19-13728


Thompson National Properties, LLC


Chapter 11


#18.00


CONT'D Hearing RE: Motion Of Cohen & Burnett To Convert Chapter 11 Case To Chapter 7, Or In The Alternative Appointment Of A Chapter 11 Trustee Or Examiner

(Motion filed 6/25/2020)


FR: 7-16-20; 8-6-20; 8-20-20


Docket 223


Tentative Ruling:

Tentative for 9/24/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1610139414 Meeting ID: 161 013 9414

Password: 518473


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Thompson National Properties, LLC


Chapter 11


Meeting ID: 161 013 9414

Password: 518473


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Thompson National Properties, LLC Represented By

Leonard M Shulman

Movant(s):

Cohen & Burnett Represented By Alan I Nahmias Scott H Noskin

11:00 AM

8:19-13728


Thompson National Properties, LLC


Chapter 11


#19.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 9/26/19)


FR: 11-21-19; 1-9-20; 4-16-20; 8-6-20; 8-20-20


Docket 5


Tentative Ruling:

Tentative for 9/24/20 is to set a continued status conference on December 3, 2020, at 11:00 a.m., concurrent with the hearing on plan confirmation.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1610139414 Meeting ID: 161 013 9414

Password: 518473


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Thompson National Properties, LLC


Chapter 11


Meeting ID: 161 013 9414

Password: 518473


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Thompson National Properties, LLC Represented By

Leonard M Shulman

11:00 AM

8:19-13728


Thompson National Properties, LLC


Chapter 11


#20.00


CONT'D Hearing RE: Motion For Order Approving Second Amended Disclosure Statement Describing Second Amended Chapter 11 Plan Proposed By The Debtor

(D.S. filed 2/12/20) (Motion filed 2/27/20)

(First Amended D.S. filed 7/30/2020) (First Amended Plan filed 7/30/2020) (Second Amended D.S. filed 8/28/2020) (Second Amended Plan filed 8/28/2020)


FR: 5-7-20; 8-6-20


Docket 260


Tentative Ruling:

Tentative for 9/24/20 is to APPROVE, and set the following dates/deadlines:


Deadline to serve plan docs, including ballot = 10/9/20 Ballot return = 10/30/20 at 5:00 p.m.

Objections to confirmation = 10/30/20 Confirmation brief and ballot summary = 11/12/20 Reply to confirmation brief = 11/19/20 Confirmation hearing = 12/3/20 at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

11:00 AM

CONT...


Thompson National Properties, LLC


Chapter 11


Videoconference URL: https://cacb.zoomgov.com/j/1610139414 Meeting ID: 161 013 9414

Password: 518473

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 013 9414

Password: 518473


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Thompson National Properties, LLC Represented By

Leonard M Shulman

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11


#21.00


Hearing RE: Motion To Disqualify Goe, Forsythe & Hodges As Counsel To Creditor Beth Kiladjian

(Motion filed 8/27/2020)


Docket 40


Tentative Ruling:

Tentative for 9/24/20 is to DENY.


Debtor seeks to disqualify Goe, Forsythe and Hodges ("Goe") from representing Creditor, Beth Kiladjian, based on an alleged conflict of interest arising from discussions between Debtor and Goe, which occurred prior to Creditor retaining Goe as counsel.


"[W]here the former contact with the attorney was a preliminary conversation that did not result in professional employment or services, the party seeking disqualification must show, directly or by reasonable inference, that the attorney acquired confidential information in the conversation." Med-Trans Corp., Inc. v. City of California City, 156 Cal. App. 4th 655, 668 (Cal. App.

2007) (internal quotations omitted).


Debtor has not provided evidence sufficient to show that Goe acquired confidential information of Debtor during the discussions, and so fails to meet its burden to show why Goe should be disqualified from representing Creditor in this case.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 11

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1610139414 Meeting ID: 161 013 9414

Password: 518473

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 013 9414

Password: 518473


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

11:00 AM

CONT...

Movant(s):


Vasken K Kiladjian


Chapter 11

Vasken K Kiladjian Represented By Kelly H. Zinser Kelly H. Zinser Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11


#22.00


Hearing RE: Debtor's Motion To Remove The SubChapter V Trustee Pursuant To 11 U.S.C. Sections 324 And 1183(a)

(Motion filed 8/27/2020)


Docket 42

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF DEBTOR'S MOTION FILED 8-30-2020 (DOCKET NO. [49])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Movant(s):

Vasken K Kiladjian Represented By Kelly H. Zinser Kelly H. Zinser Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#23.00


Hearing RE: Approval Of Disclosure Statement Describing Chapter 11 Plan Of Liquidation Of WJA Secure Income Fund, LLC

(D.S. filed 8/13/2020)


Docket 1263


Tentative Ruling:

Tentative for 9/24/20 is to APPROVE, and set the following dates/deadlines:


Deadline to serve plan docs, including ballot = 10/9/20 Ballot return = 10/30/20 at 5:00 p.m.

Objections to confirmation = 10/30/20 Confirmation brief and ballot summary = 11/12/20 Reply to confirmation brief = 11/19/20 Confirmation hearing = 12/3/20 at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1610139414 Meeting ID: 161 013 9414

Password: 518473


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 013 9414

Password: 518473


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps

11:00 AM

CONT...


WJA Asset Management LLC


Timothy W Evanston


Chapter 11

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#24.00


Hearing RE: Ninth And Final Fee Application For Compensation And Reimbursement Of Expenses For The Period From May 18, 2017 Through July 15, 2020

[RE: Equity Indexed Managed Fund, LLC - ONLY]

(Application filed 8/31/2020)


[RE: RUTAN & TUCKER, LLP - Special Counsel To WJA Management, LLC]

[Fees: $20,862.00; Expenses: $6.80]


Docket 1273


Tentative Ruling:

Tentative for 9/24/20 is to APPROVE, provided that a client declaration is provided in support of the Application.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

11:00 AM

CONT...


Movant(s):


WJA Asset Management LLC


Michael Simon Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

Rutan & Tucker LLP Represented By Roger F Friedman

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#25.00


Hearing RE: Eighth And Final Application For Payment Of Fees And Reimbursement Of Expenses For The Period From April 16, 2020 Through July 15, 2020

RE: Equity Indexed Managed Fund, LLC - ONLY]

(Application filed 8/31/2020)


[RE: MENCHACA & COMPANY, LLP - Accountants For Debtors-In- Possession]

[Fees: $15,897.94; Expenses: $0.00]


Docket 1278


Tentative Ruling:

Tentative for 9/24/20 is to APPROVE, provided that a client declaration is provided in support of the Application.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

11:00 AM

CONT...


Movant(s):


WJA Asset Management LLC


Michael Simon Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

Menchaca & Company LLP Pro Se

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#26.00


Hearing RE: Final Application For Compensation Of Contingency Fees And Reimbursement Of Expenses For The Period From November 15, 2017 Through July 15, 2020

RE: Equity Indexed Managed Fund, LLC - ONLY]

(Application filed 8/31/2020)


[RE: BRUTZKUS GUBNER - Special Litigation Counsel] [Fees: $175,000.02; Expenses: $7,400.98]


Docket 1277


Tentative Ruling:

Tentative for 9/24/20 is to APPROVE, provided that a client declaration is provided in support of the Application.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon

11:00 AM

CONT...


Movant(s):


WJA Asset Management LLC


Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

Brutzkus Gubner Represented By Corey R Weber

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#27.00


Hearing RE: Final Fee Application For Compensation And Reimbursement Of Expenses For The Period From April 1, 2020 Through August 31, 2020

RE: Equity Indexed Managed Fund, LLC - ONLY]

(Application filed 8/31/2020)


[RE: SULMEYERKUPETZ, SulmeyerKupetz, A Professional Corporation - Attorneys For Official Committee Of Unsecured Creditors]

[Fees: $2,687.50; Expenses: $0.00]


Docket 1276


Tentative Ruling:

Tentative for 9/24/20 is to APPROVE, provided that a client declaration is provided in support of the Application.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon

11:00 AM

CONT...


Movant(s):


WJA Asset Management LLC


Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

SulmeyerKupetz, A Professional Represented By

Mark S Horoupian Steven Werth

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#28.00


Hearing RE: Smiley Wang-Ekvall, LLP's Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 9, 2020 Through July 15, 2020

RE: Equity Indexed Managed Fund, LLC - ONLY]

(Application filed 8/31/2020)


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-in- Possession]

[Fees: $10,158.50; Expenses $3,240.70]


Docket 1274


Tentative Ruling:

Tentative for 9/24/20 is to APPROVE, provided that a client declaration is provided in support of the Application.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

11:00 AM

CONT...


Movant(s):


WJA Asset Management LLC


Michael Simon Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

10:00 AM

6:20-15372


Jason Joseph Knudson and Jamie Knudson


Chapter 7


#2.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Santander Consumer USA, Inc. vs. DEBTORS, Larry D. Simons, trustee (Motion filed 9/2/20)


Re: 2019 Jeep Cherokee, VIN: 1C4PJLCB4KD392423


EH            


Docket 10

Party Information

Debtor(s):

Jason Joseph Knudson Represented By Diana L Spidall

Joint Debtor(s):

Jamie Knudson Represented By Diana L Spidall

Movant(s):

Santander Consumer USA Inc. dba Represented By

Sheryl K Ith

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:17-15679


OCS Recovery, Inc.


Chapter 7


#3.00


Hrg. on trustee's final report; applications for compensation


[Re: John P. Pringle, chapter 7 trustee] [Fees; $3206.51; Expenses; $82.25]


[Re: Shulman Bastian Friedman & Bui LLP, attorneys for trustee] [Fees; $7953.75; Expenses; $169.55]


(Tele. appr. Brandon Iskander, rep. trustee John P. Pringle) [Re: Hahn Fife & Co LLP, accountant for trustee]

[Fees; $2728.00; Expenses; $483.90]


[Franchise Tax Board] [Fees; $2726.29]


Docket 0


Party Information

Debtor(s):

OCS Recovery, Inc. Represented By Daniel King

Trustee(s):

John P Pringle (TR) Represented By Leonard M Shulman Brandon J Iskander

11:00 AM

6:19-18812


Jesus Alcantara


Chapter 7


#4.00


Hrg. on Motion filed 08/05/20 for turnover of estate property held by debtors pursuant to 11 U.S.C. Section 542(A) and (E)


Docket 24

Party Information

Debtor(s):

Jesus Alcantara Pro Se

Movant(s):

Larry D Simons (TR) Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:18-12715


Big Bear Bowling Barn, Inc.


Chapter 11


#5.00


Hrg. on Post Confirmation Status Conference EH            

(Hrg. cont. from 9/1/20)


(Tele. appr. Lawrence Fieselman, rep. Debtor)


(Tele. appr. Brian Harvey, rep. creditor, Strategic Funding Source) (Tele. appr. Kimberly Winick, rep. creditor, Columbia Bank)


Docket 0


Party Information

Debtor(s):

Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

Lawrence R Fieselman

1:30 PM

6:18-12715


Big Bear Bowling Barn, Inc.


Chapter 11


#6.00


Hrg. on Order to Show Cause why this case should not be dismissed or converted to chapter 7


(Tele. appr. Lawrence Fieselman, rep. Debtor)


(Tele. appr. Brian Harvey, rep. creditor, Strategic Funding Source) (Tele. appr. Kimberly Winick, rep. creditor, Columbia Bank)

Docket 0


Party Information

Debtor(s):

Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

Lawrence R Fieselman

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#7.00


Hrg. on Chapter 11 Status Conference EH            

(Cont. from 6/9/20)


(Tele. appr. Diana Torres-Brito, rep. Cenlar FSB)


Docket 0


Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#8.00


Prober & Raphel, A Law Corporation - movant attorney Motion for Relief from stay

ZB National Association vs. DEBTORS (Motion filed 9/3/20)


Re: 21121 Via Los Laureles, Murrieta, California 92562 EH            


(Tele. appr. Diana Torres-Brito, rep. Cenlar FSB)


Docket 110

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

ZB, National Association Represented By

Diana Torres-Brito

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#9.00


Hrg. on Debtor's Ex Parte Motion to Continue Deadline for Debtor to File His Disclosure Statement Describing Chapter 11 Plan of Reorganization and Chapter 11 Plan of Reorganization for 90-Days


EH            


(Tele. appr. Diana Torres-Brito, rep. Cenlar FSB)


Docket 117

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Santa Ana

Judge Scott Clarkson, Presiding Courtroom 5C Calendar

Tuesday, September 29, 2020 Hearing Room 5C

10:00 AM

8:18-13588

Tim M McKenna

Chapter 7

Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna

#1.00


CONT'D STATUS CONFERENCE RE: Complaint Objecting To Debtor's Discharge Under 11 U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

(Complaint filed 1/4/19)

(TRIAL set at PTC held 12/18/19)

[Trial set as "initial Trial date per Order Entered 3/19/2020]

(S/C set at hearing held 8/7/2020)


FR: 4-3-19; 12-18-19; 4-20-20; 6-16-20; 7-28-20; 8-7-20


[Tele. appr., Michael G. Spector, repr., Tim McKenna, Defendant]


Docket 1

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Tim M McKenna Represented By Michael G Spector

Plaintiff(s):

Law Offices of Michelle J. Sukhov, Represented By

Michelle J Nelson Roger F Friedman

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

1:30 PM

6:17-17601


Deborah McKay


Chapter 7

Adv#: 6:18-01056 Whitmore v. McKay V et al


#28.00


STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Alexander H. McKay V, Alexander H. McKay V as Trustee of the Alexander McKay V Living Trust -(1) Determine that Property is Property of the Bankruptcy Estate; (2) Avoidance of Avoidable Transactions; and (3) To Recover Avoided Transactions


(Cont. from 5/27/20) EH            

Docket 1

*** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL FILED ON 7/29/20

Party Information

Debtor(s):

Deborah McKay Represented By Natalie A Alvarado

Defendant(s):

Alexander H. McKay V Pro Se Alexander H. McKay V as Trustee Pro Se

Plaintiff(s):

Robert S. Whitmore Represented By Franklin C Adams

Trustee(s):

Robert Whitmore (TR) Represented By Franklin C Adams

1:30 PM

6:19-13251


David Henry Hilton, Jr.


Chapter 7

Adv#: 6:19-01110 Redd v. Hilton, Jr.


#29.00


Hrg. on Plaintiff's Motion For Sanctions and for Entry of Default Judgment for failure to comply with Court's order, or, in the alternative for order modifying scheduling order


EH            


(Tele. appr. David Hilton, Defendant) (Tele. appr. LaToya Redd, Plaintiff)


Docket 54

Party Information

Debtor(s):

David Henry Hilton Jr. Pro Se

Defendant(s):

David Henry Hilton Jr. Pro Se

Plaintiff(s):

LaToya S Redd Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company


#1.00


Hearing RE: Defendant Scottsdale Insurance Company's Motion To Dismiss The Complaint

(Motion filed 8/14/2020)


[Tele. appr., Benjamin Fliegel, repr., Richard Marshack, Trustee] [Tele. appr., Sabrina Haurin, repr., Scottsdale Insurance Company]


Docket 15

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

Movant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

Plaintiff(s):

Richard A Marshack Represented By Christopher O Rivas

10:00 AM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

10:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company


#2.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Breach Of Contract;

  2. Reformation For Unilateral Mistake;

  3. Reformation For Fraud;

  4. Unconscionability; and

  5. Breach Of Duty Of Good Faith And Fair Dealing (Complaint filed 6/16/2020)


FR: 9-2-20; advanced from 9-30-20 at 11:00 a.m.


[Tele. appr., Benjamin Fliegel, repr., Richard Marshack, Trustee] [Tele. appr., Sabrina Haurin, repr., Scottsdale Insurance Company]


Docket 1

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

Plaintiff(s):

Richard A Marshack Represented By Christopher O Rivas

10:00 AM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

10:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company


#3.00


Hearing RE: Defendant Scottsdale Insurance Company's Motion To Withdraw Reference Of Adversary Proceeding Pursuant To 28 U.S.C. Section 157(d) (Motion filed 8/14/2020)


[Tele. appr., Benjamin Fliegel, repr., Richard Marshack, Trustee] [Tele. appr., Sabrina Haurin, repr., Scottsdale Insurance Company]


Docket 16


Debtor(s):

*** VACATED *** REASON: OFF CALENDAR - DEFENDANT SCOTTSDALE INSURANCE COMPANY'S NOTICE OF WITHDRAWAL OF MOTION TO WITHDRAW REFERENCE OF ADVERSARY PROCEEDING FILED 8-20-2020 - (DOCKET NO. [19])

Party Information

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

Movant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

10:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

Plaintiff(s):

Richard A Marshack Represented By Christopher O Rivas

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01058 Marshack v. Dillanos Coffee Roasters, Inc.


#4.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 4/21/2020)

[Adversary transferred from CB on 7/31/2020]

(S/C set per Order Entered 8/7/2020) FR: 7-7-20

Docket 1

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Dillanos Coffee Roasters, Inc. Represented By Mark S Bostick

Elizabeth Berke-Dreyfuss

Plaintiff(s):

Richard A Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01058 Marshack v. Dillanos Coffee Roasters, Inc.


#5.00


Hearing RE: Motion To Dismiss Complaint For Avoidance And Recovery Of Voidable Transfers Under Federal Rule Of Civil Procedure 12(b)(6) For Failure To State A Claim

(Motion filed 6/22/2020)

[Adversary transferred from CB on 7/31/2020]

(Set per Order Entered 8/7/2020) FR: 7-21-20

Docket 7

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Dillanos Coffee Roasters, Inc. Represented By Mark S Bostick

Elizabeth Berke-Dreyfuss

Movant(s):

Dillanos Coffee Roasters, Inc. Represented By Mark S Bostick

Elizabeth Berke-Dreyfuss

Plaintiff(s):

Richard A Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By

10:00 AM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey


Chapter 7

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01059 Marshack v. Eisenhower Carlson PLLC


#6.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 4/21/2020)

[Adversary transferred from CB on 7/31/2020]

(S/C set per Order Entered 8/7/2020) FR: 7-7-20

Docket 1

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Eisenhower Carlson PLLC Represented By Steven Casselberry

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01060 Marshack v. Gallo Builders, Inc.


#7.00


CONT'D STATUS CONFERENCE Hearing RE:Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 4/21/2020)

[Adversary transferred from CB on 7/31/2020]

(S/C set per Order Entered 8/7/2020) FR: 7-7-20

Docket 1

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Gallo Builders, Inc. Represented By

Martin B Greenbaum

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01068 Marshack v. Silver Star Sounds & Communications, Inc


#8.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 5/1/2020)

[Adversary transferred from CB on 7/31/2020]

(S/C set per Order Entered 8/7/2020) FR: 7-21-20

Docket 1

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Silver Star Sounds & Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01069 Marshack v. Trackside Performance, LLC


#9.00


CONT'D STATUS CONFERENCE RE: Complaint For Avoidance And Recovery Of Voidable Transfer

(Complaint filed 5/1/2020)

(S/C set per Order Entered 8/7/2020)

[Adversary transferred from CB on 7/31/2020]


FR: 7-21-20


Docket 1

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Trackside Performance, LLC Represented By Christopher L Blank

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01071 Marshack v. Vincent Builders, Inc.


#10.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 5/1/2020)

[Adversary transferred from CB on 7/31/2020]

[Set per Order Entered 8/7/2020] FR: 7-21-20

Docket 1

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Vincent Builders, Inc. Represented By Andrew Still Eric S Pezold

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01071 Marshack v. Vincent Builders, Inc.


#11.00


CONT'D Hearing RE: Motion To Dismiss Complaint Under Federal Rule Of Civil Procedure 12(b)(6)

(Motion filed 7/15/2020)

[Adversary transferred from CB on 7/31/2020]

[Set per Order Entered 8/7/2020] FR: 8-25-20

Docket 12

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Vincent Builders, Inc. Represented By Andrew Still Eric S Pezold

Movant(s):

Vincent Builders, Inc. Represented By Andrew Still Eric S Pezold

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman

10:00 AM

CONT...

Eagan Avenatti, LLP

D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey

Chapter 7

10:00 AM

8:20-10376

Cody Lee Engelmann

Chapter 7

Adv#: 8:20-01027 Hesse v. Engelmann

#12.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debts

[11 U.S.C. Section 523(a)(6)]

(Complaint filed 3/13/2020)

[Adversary transferred from CB on 7/31/2020]


FR: 6-2-20; 9-29-20; advanced from 11:00 a.m. on 9-30-20


Docket 1

Party Information

Debtor(s):

Cody Lee Engelmann Represented By

James D. Hornbuckle

Defendant(s):

Cody Lee Engelmann Represented By

James D. Hornbuckle

Plaintiff(s):

Michael V Hesse Represented By Michael V Hesse

Trustee(s):

Thomas H Casey (TR) Pro Se

10:00 AM

8:20-10376


Cody Lee Engelmann


Chapter 7

Adv#: 8:20-01027 Hesse v. Engelmann


#13.00


Hearing RE: Motion For Leave To File First Amended Complaint To Determine Nondischargeability Of Debt

(Motion filed 8/27/2020)


Docket 12

Party Information

Debtor(s):

Cody Lee Engelmann Represented By

James D. Hornbuckle

Defendant(s):

Cody Lee Engelmann Represented By

James D. Hornbuckle

Movant(s):

Michael V Hesse Represented By Michael V Hesse

Plaintiff(s):

Michael V Hesse Represented By Michael V Hesse

Trustee(s):

Thomas H Casey (TR) Pro Se

11:00 AM

8:09-15954


Ali Shah


Chapter 7

Adv#: 8:09-01725 Sutton et al v. Shah


#14.00


CONT'D Hearing RE: Application For Order To Appear And Examination RE: Enforcement Of Judgment - Third Party - Ariana Shah Blenkers aka Ariana Blenkers

(Application filed 3/9/2020)

(Continued per Order Entered 8-25-2020) FR: 5-27-20; 8-5-20


Docket 37

Party Information

Debtor(s):

Ali Shah Represented By

Stephen L Burns - DISBARRED - Stephen L Burns - DISBARRED -

Defendant(s):

Ali Shah Represented By

Stephen L Burns - DISBARRED -

Plaintiff(s):

Stephen Kent Ehat Represented By David L Amkraut

Jimmy A Sutton Represented By Stephen Kent Ehat David L Amkraut Harold C Klaskin

Mark Klein Represented By

Stephen Kent Ehat David L Amkraut

11:00 AM

CONT...


Ali Shah


Chapter 7

Gene Carmean Represented By Stephen Kent Ehat David L Amkraut

Paul Kessler Represented By

Stephen Kent Ehat David L Amkraut

Propel Software Corporation Represented By Stephen Kent Ehat David L Amkraut

Stephen Kent Represented By

Stephen Kent Ehat

Trustee(s):

James J Joseph (TR) Pro Se

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01048 Marshack v. Queen Funding LLC


#15.00


Hearing RE: Motion To Strike Defendants Answer To The Complaint And For Entry Of Default

(Motion filed 8/11/2020)


Docket 58

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Queen Funding LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops

11:00 AM

CONT...


Luminance Recovery Center, LLC


Judith E Marshack Sharon Oh-Kubisch


Chapter 7

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01048 Marshack v. Queen Funding LLC


#16.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:

  1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

  2. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);

  3. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

  4. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

  5. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

  6. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

  7. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

  8. Fraud;

  9. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

    And

  10. Declaratory Relief; And

  11. Usury

(Complaint filed 3/20/19)

(Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)

(PTC converted to S/C per Order Entered 6-24-2020 (docket no. [24])


FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 5-27-20; 7-1-20 at 10:00

a.m.; 7-1-20; 9-2-20


Docket 31

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

11:00 AM

CONT...

Luminance Recovery Center, LLC

Chapter 7

Defendant(s):

Queen Funding LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#17.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

  1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

  2. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

  3. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

  4. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

  5. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

  6. Predatory Lending Pursuant To California Business And Professions Code Section 17200;

  7. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

    And

  8. Declaratory Relief (Complaint filed 3/20/19) (PTC set at S/C held 9/18/19)


FR: 6-26-19; 8-7-19; 9-18-19; 5-13-20; 7-15-20


Docket 1

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Richmond Capital Group Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen

11:00 AM

CONT...


Trustee(s):


Luminance Recovery Center, LLC


Faye C Rasch


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company


#18.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Breach Of Contract;

  2. Reformation For Unilateral Mistake;

  3. Reformation For Fraud;

  4. Unconscionability; and

  5. Breach Of Duty Of Good Faith And Fair Dealing (Complaint filed 6/16/2020)


FR: 9-2-20


Docket 1


Debtor(s):

*** VACATED *** REASON: ADVANCED TO SEPTEMBER 30, 2020 AT 10:00 A.M. PER ORDER ADVANCING STATUS CONFERENCE FROM

11:00 A.M. TO 10:00 A.M. ENTERED 9-17-2020 - (DOCKET NO. [28])

Party Information

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

Plaintiff(s):

Richard A Marshack Represented By Christopher O Rivas

Trustee(s):

Richard A Marshack (TR) Represented By

11:00 AM

CONT...


Luminance Recovery Center, LLC


D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch


Chapter 7

11:00 AM

8:18-14425


Wallace Raymond Steffen, Jr


Chapter 7

Adv#: 8:19-01107 Steffen v. Steffen, Jr.


#19.00


CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)


FR: 6-10-20; 7-1-20


Docket 22

Party Information

Debtor(s):

Wallace Raymond Steffen Jr Represented By Anerio V Altman

Defendant(s):

Wallace Raymond Steffen Jr. Represented By Anerio V Altman

Movant(s):

Linda Steffen Represented By Christopher J Langley

Plaintiff(s):

Linda Steffen Represented By Christopher J Langley

Trustee(s):

Richard A Marshack (TR) Represented By

Misty A Perry Isaacson

11:00 AM

8:18-14425


Wallace Raymond Steffen, Jr


Chapter 7

Adv#: 8:19-01107 Steffen v. Steffen, Jr.


#20.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

[11 U.S.C. Section 523(a)(4)]

(Complaint filed 6/4/19)


FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20; 6-10-20 at 10:00; 6-10-20; 7-1-20


Docket 1

Party Information

Debtor(s):

Wallace Raymond Steffen Jr Represented By Anerio V Altman

Defendant(s):

Wallace Raymond Steffen Jr. Represented By Anerio V Altman

Plaintiff(s):

Linda Steffen Represented By Christopher J Langley

Trustee(s):

Richard A Marshack (TR) Represented By

Misty A Perry Isaacson

11:00 AM

8:19-11749


Mike Basil Mike, III


Chapter 7

Adv#: 8:19-01166 Aerofund Holdings, Inc. v. Mike, III


#21.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Non-dischargeability

[Case transferred from CB on 7/31/2020]

[Complaint filed 8/8/19]

[First Amended Complaint filed 8/14/19] [Another Summons Issued 9/3/19]


FR: 11-5-19; 3-3-30; 6-2-20; 9-3-20


Docket 7

*** VACATED *** REASON: OFF CALENDAR - PER ORDER VACATING STATUS CONFERENCE HEARING ENTERED 9-17-2020 - (DOCKET NO. [40])

Party Information

Debtor(s):

Mike Basil Mike III Represented By

Marvin Maurice Oliver

Defendant(s):

Mike Basil Mike III Represented By

Marvin Maurice Oliver

Joint Debtor(s):

Erin Kate Mike Represented By

Marvin Maurice Oliver

Plaintiff(s):

Aerofund Holdings, Inc. Represented By Ginger L Sotelo

Trustee(s):

Weneta M Kosmala (TR) Pro Se

11:00 AM

CONT...


Mike Basil Mike, III


Chapter 7

11:00 AM

8:20-10376


Cody Lee Engelmann


Chapter 7

Adv#: 8:20-01027 Hesse v. Engelmann


#22.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debts

[11 U.S.C. Section 523(a)(6)]

(Complaint filed 3/13/2020)

[Adversary transferred from CB on 7/31/2020]


FR: 6-2-20; 9-29-20


Docket 1


Debtor(s):

*** VACATED *** REASON: ADVANCED TO SEPTEMBER 30, 2020 AT 10:00 A.M. PER ORDER ADVANCING STATUS CONFERENCE FROM

11:00 A.M. TO 10:00 A.M. ENTERED 9-17-2020 - (DOCKET NO. [17])

Party Information

Cody Lee Engelmann Represented By

James D. Hornbuckle

Defendant(s):

Cody Lee Engelmann Represented By

James D. Hornbuckle

Plaintiff(s):

Michael V Hesse Pro Se

Trustee(s):

Thomas H Casey (TR) Pro Se

11:00 AM

8:20-11056


Mershad Javan


Chapter 13


#23.00


STATUS CONFERENCE Hearing RE: Conversion (Set per Order Entered 9-17-2020 - docket no. [112])


Docket 0


Party Information

Debtor(s):

Mershad Javan Represented By Todd L Turoci

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

11:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Norris et al v. Javan et al


#24.00


CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:

  1. Avoid And Recover Fraudulent Transfers;

  2. Obtain Declaratory Relief As To Ownership Of Property;

  3. Turnover Of Property;

  4. Authorize Sale Of Real Property; And

  5. For Declaratory Relief (Complaint filed 4/18/2020)

[Adversary transferred from CB on 7/31/2020]


FR: 7-7-20


Docket 1

Party Information

Debtor(s):

Mershad Javan Represented By Todd L Turoci

Defendant(s):

Javan Mershad Represented By Todd L Turoci

Maija Olivia Javan Represented By Todd L Turoci

Mershad Javan and Maija Olivia Pro Se

Maija Olivia Javan, Trustee of the Pro Se

Plaintiff(s):

Steve Norris Represented By

David Brian Lally Steve Norris Derivatively on Behalf Represented By

11:00 AM

CONT...


Trustee(s):


Mershad Javan


David Brian Lally


Chapter 7

Richard A Marshack (TR) Pro Se

11:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Norris et al v. Javan et al


#25.00


CONT Hearing RE: Motion To Quash Service Of Process On Maija Olivia Javan (Motion filed 5/20/2020)

[Adversary transferred from CB on 7/31/2020]


FR: 6-23-20; 7-2-20


Docket 6

Party Information

Debtor(s):

Mershad Javan Represented By Todd L Turoci

Defendant(s):

Javan Mershad Represented By Todd L Turoci

Maija Olivia Javan Represented By Todd L Turoci

Mershad Javan and Maija Olivia Pro Se

Maija Olivia Javan, Trustee of the Pro Se

Movant(s):

Maija Olivia Javan Represented By Todd L Turoci

Plaintiff(s):

Steve Norris Represented By

David Brian Lally

Steve Norris Derivatively on Behalf Represented By

David Brian Lally

11:00 AM

CONT...

Trustee(s):


Mershad Javan


Chapter 7

Richard A Marshack (TR) Pro Se

11:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Norris et al v. Javan et al


#26.00


CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)

[Adversary transferred from CB on 7/31/2020]


[FR: 6-9-20; 6-11-20; 7-2-20


Docket 4

Party Information

Debtor(s):

Mershad Javan Represented By Todd L Turoci

Defendant(s):

Javan Mershad Represented By Todd L Turoci

Maija Olivia Javan Represented By Todd L Turoci

Mershad Javan and Maija Olivia Pro Se

Maija Olivia Javan, Trustee of the Pro Se

Movant(s):

Javan Mershad Represented By Todd L Turoci

Plaintiff(s):

Steve Norris Represented By

David Brian Lally

11:00 AM

CONT...


Mershad Javan


Chapter 7

Steve Norris Derivatively on Behalf Represented By

David Brian Lally

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01085 Norris et al v. Javan


#27.00


CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt

[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]

(Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]


FR: 8-4-20; 8-19-20


Docket 1

Party Information

Debtor(s):

Mershad Javan Represented By Todd L Turoci

Defendant(s):

Mershad Javan Represented By Todd L Turoci

Plaintiff(s):

Steve Norris Represented By

David Brian Lally

Steve Norris Derivatively on Behalf Represented By

David Brian Lally

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:17-11743


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


#1.00


Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization (D.S. filed 6/4/2020)

(First Amended D.S filed 7/30/2020)

(Plan Confirmation hearing set at D.S. hearing held 7/16/2020) (First Amended Plan filed 7/30/2020)


FR: 7/16/20


Docket 357

*** VACATED *** REASON: CONTINUED TO NOVEMBER 5, 2020 AT 11:00 A.M. PER ORDER (1) APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 9-10-2020 - (DOCKET NO. [366])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

11:00 AM

8:17-11743


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


#2.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 5/1/17)


FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;

8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20;

7-16-20


Docket 6

*** VACATED *** REASON: CONTINUED TO NOVEMBER 5, 2020 AT 11:00 A.M. PER ORDER (1) APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 9-10-2020 - (DOCKET NO. [366])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

11:00 AM

8:17-12010


TD REO Fund LLC


Chapter 11

Adv#: 8:19-01090 TD REO Fund LLC v. Will


#3.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers

[11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]

(Complaint filed 5/15/19) (PTC set at S/C held 8-8-19)


FR: 8-8-19; 8-26-19; 5-14-20; 7-16-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION TO VACATE DATES AND DEADLINES PENDING CONSUMMATION OF COURT APPROVED SETTLEMENT BETWEEN PARTIES ENTERED 4-30-2020 - (DOCKET NO. [31])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

TD REO Fund LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

Defendant(s):

Michael J. Will Represented By Donald W Reid

Plaintiff(s):

TD REO Fund LLC Represented By Michael W Davis

11:00 AM

CONT...


TD REO Fund LLC


Jorge A Gaitan Corey R Weber


Chapter 11

11:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 11


#4.00


Chapter 11 Status Conference

(S/C set per Order Entered 8/7/2020)

[Case transferred from CB on 7/31/2020]


Docket 0


Tentative Ruling:

Tentative for 10/1/20:


The Court has reviewed the entire docket, and noting the Withdrawal of Third Amended D.S. and Plan filed 6/25/19 [Dk. 411], would like hear from the Ch. 11 Trustee regarding whether the Court should set a deadline for the filing of a new plan.


The Court is inclined to set a continued status conference for February 4, 2021, at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606785168 Meeting ID: 160 678 5168

Password: 700344

11:00 AM

CONT...

Ruby's Franchise Systems, Inc., a California

Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 678 5168


Password: 700344


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

Eric J Fromme Christopher J Harney

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino

11:00 AM

8:19-10822


The Trial Group LLP


Chapter 11


#5.00


CONT'D Hearing RE: Michael J. Avenatti's Motion To Stay Contempt Proceedings Pending Resolution Of Related Criminal Action

[Case transferred from CB on 7/31/2020]

(Motion filed 4/17/2019)


FR: 5-8-19; 11-13-19; 5-27-20; 8-26-20


Docket 45

*** VACATED *** REASON: OFF CALENDAR PER ORDER VACATING ORDER TO SHOW CAUSE RE: SANCTIONS, DENYING MOTION FOR STAY OF CONTEMPT PROCEEDINGS AND VACATING HEARINGS ENTERED 9-23-2020 - (DOCKET NO. [63])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Trial Group LLP Represented By Michael Avenatti

11:00 AM

8:19-10822


The Trial Group LLP


Chapter 11


#6.00


CONT'D Hearing RE: Order To Show Cause RE Sanctions For Filing Case In Violation Of The Joint Stipulation RE Order Appointing Receiver And Issuing Restraining Order

[MICHAEL AVENATTI IS ORDERED TO PERSONALLY APPEAR]

(OSC set per Order Entered 3-15-2019) (Case transferred from CB on 7/31/2020) (OSC continued per Order Entered 8-7-2020)


FR: 5-8-19; 11-13-19; 5-27-20; 8-26-20


Docket 35

*** VACATED *** REASON: OFF CALENDAR PER ORDER VACATING ORDER TO SHOW CAUSE RE: SANCTIONS, DENYING MOTION FOR STAY OF CONTEMPT PROCEEDINGS AND VACATING HEARINGS ENTERED 9-23-2020 - (DOCKET NO. [63])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Trial Group LLP Represented By Michael Avenatti

11:00 AM

8:19-11889


Invensure Insurance Brokers, Inc.


Chapter 11


#7.00


CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case

Management Conference And (2) Requiring Status Report (Petition filed 5/16/19)


FR: 7-18-19; 11-7-19; 3-12-20; 5-14-20; 5-28-20


Docket 10

*** VACATED *** REASON: CONTINUED TO FEBRUARY 4, 2021 AT 11:00 A.M. PER ORDER CONTINUING POST-CONFIRMATION STATUS CONFERENCE ENTERED 9-23-2020 - (DOCKET NO. [320])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Invensure Insurance Brokers, Inc. Represented By

Carol Chow

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11


#8.00


Hearing RE: Motion For Order: (1) Authorizing Sale (A) Outside The Ordinary Course Of Business; (B) Free And Clear Of Liens, Claims, And Encumbrances;

  1. Subject To Overbid; And (D) For Determination Of Good Faith Purchaser Under 11 U.S.C. Section 363(M)


    [RE: 630 Gage Drive, San Diego, CA 92106]


    Docket 285


    Tentative Ruling:

    Tentative for 10/1/20 is to APPROVE.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1606785168 Meeting ID: 160 678 5168

    Password: 700344


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    11:00 AM

    CONT...


    Rockport Development, Inc.


    Chapter 11


    Meeting ID: 160 678 5168

    Password: 700344


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

    11:00 AM

    8:20-11923


    Linda Flora, LLC


    Chapter 11


    #9.00


    Hearing RE: Motion By United States Trustee To Dismiss Case Pursuant To 11

    U.S.C. Section 1112(b) (Motion filed 8/29/2020)


    Docket 31


    Tentative Ruling:

    Tentative for 10/01/20 is to GRANT and dismiss case.


    Relief from stay was granted as to Debtor's sole asset, and in favor of Debtor's sole creditor. There appear to be no other assets and no other creditors. Further, no opposition was filed. Conversion of the case would serve no purpose.


    Note: This matter appears to be uncontested. Accordingly, no court appearance is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Linda Flora, LLC Represented By Randy Chang

    Movant(s):

    United States Trustee (SA) Represented By

    11:00 AM

    CONT...


    Trustee(s):


    Linda Flora, LLC


    Michael J Hauser


    Chapter 11

    Robert Paul Goe (TR) Pro Se

    11:00 AM

    8:20-11939


    Vasken K Kiladjian


    Chapter 11


    #10.00


    Hearing RE: Motion Objecting To Debtor's Claims Of Exemptions (Motion filed 8/28/2020)


    Docket 46

    *** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF NOTICE OF MOTION AND MOTION FILED 9-16-2020 - (DOCKET NO. [66])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Vasken K Kiladjian Represented By Kelly H. Zinser

    Trustee(s):

    Mark M Sharf (TR) Pro Se

    11:00 AM

    8:17-11996


    WJA Asset Management LLC


    Chapter 11


    #11.00


    Hearing RE: Motion Of Clairton Residential Renewal For An Order (1) Approving Bid Procedures Pursuant To Local Bankruptcy Rule 6004-1(b) In Connection With Sale Of Real Property Subject To All Liens, Claims And Encumbrances, And (2) Scheduling An Auction And Hearing on Sale Motion (Motion filed 9/24/2020)


    Docket 1299


    Tentative Ruling:

    Tentative for 10/1/20:


    The Notice filed 9/24/20 [Dk. 1300] is improper per LBR 6004-1(b)(2), which, among other things, requires that the notice "describe the marketing efforts undertaken and the anticipated marketing plan, or explain why no marketing is required." The Court notes that the required marketing information is not in the notice, but is included in the motion itself [Dk. 1299]; however, the notice has a larger service list than the motion.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1606785168 Meeting ID: 160 678 5168

    Password: 700344

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 678 5168

    Password: 700344


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    WJA Asset Management LLC Represented By

    Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

    Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Michael W Davis Kathy Bazoian Phelps Timothy W Evanston


    Chapter 11

    10:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7

    Adv#: 8:18-01168 Casey v. Steinmann et al


    #1.00


    Hearing RE: Emergency Motion To Quash, Or In The Alternative, Motion For Protective Order, Concerning Plaintiffs' Subpoenas Served On (1) Transamerica Life Insurance Company (2) Principal Life Insurance Company (3) Pacific Life Insurance Company (4) Huntertown Farm, LLC (5) Morgan Stanley Smith Barney Holdings, LLC (6) Ally Finance Corporation (7) NTCH, Inc. And (8)

    Joseph Sofio

    (Motion filed 9/29/2020) (OST Entered 9/30/2020)


    Docket 217


    Tentative Ruling:

    Tentative for 10/2/20:


    All counsels should have a copy of the Casey v. Steinmann et. al. Complaint filed 9/6/18 [Dk. 1] in their possession and available for reference during the hearing.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1618035395 Meeting ID: 161 803 5395

    Password: 946883

    10:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 803 5395

    Password: 946883


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Andrea Steinmann Downs Pro Se

    Defendant(s):

    Lora Rae Steinmann Represented By

    D Edward Hays Laila Masud

    Heinz H Steinmann Represented By

    D Edward Hays Laila Masud

    10:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7

    Eric Steinmann Represented By

    D Edward Hays Laila Masud

    Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

    John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

    Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

    Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

    Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

    D Edward Hays

    Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

    Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

    Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

    10:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7

    Plaintiff(s):

    Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    10:00 AM

    6:19-19641


    Meghan Wiesman


    Chapter 7


    #1.00


    Aldrige Pite, LLP - movant attorney Motion for Relief from Stay

    JPMorgan Chase Bank, N.A. vs. DEBTOR (Motion filed 9/14/20)


    Re: 2016 Hyundai Tucson VIN No.KM8J3CA22GU051821 EH            

    (Tele. appr. Bryan Fairman, rep, moving party JPMorgan Chase Bank)


    Docket 25


    Tentative Ruling:

    Tentative for 10/6/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    10:00 AM

    CONT...

    Debtor(s):


    Meghan Wiesman


    Chapter 7

    Meghan Wiesman Represented By Edward T Weber

    Movant(s):

    JPMorgan Chase Bank, N.A. Represented By Josephine E Salmon

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    10:00 AM

    6:20-15426


    Zachary Betts and Pamela Betts


    Chapter 7


    #2.00


    Buchalter, P.C - movant attorney Motion for Relief from Stay

    The Golden 1 Credit Union vs. DEBTORS (Motion filed 9/9/20)


    Re: 2012 Buick Enclave EH            

    Docket 10


    Tentative Ruling:

    Tentative for 10/6/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    10:00 AM

    CONT...

    Debtor(s):


    Zachary Betts and Pamela Betts


    Chapter 7

    Zachary Betts Represented By Todd L Turoci

    Joint Debtor(s):

    Pamela Betts Represented By

    Todd L Turoci

    Movant(s):

    Golden 1 Credit Union Represented By Rebecca M Wicks

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    11:00 AM

    6:19-19750


    Delta Hospice of California Inc


    Chapter 7


    #3.00


    Hrg. on Motion filed 9/14/20 to Compel the Debtor to Appear for Its Meeting of Creditors and to Produce Documents Requested by Trustee pursuant to 11

    U.S.C. §§341(a) 521 and 542 EH            

    Docket 90


    Tentative Ruling:

    Tentative for 10/6/20 is to CONTINUE to November 3, 2020, at 11:00 a.m., to allow Trustee to effectuate service on Debtor in the manner described below.


    The proof of service attached to Trustee's motion indicates that it was served via mail to Debtor's address, but was not directed to the attention of an officer or agent for service of process, which is what the Court requires.


    A Supplemental Proof of Service must be filed, reflecting service in the manner required above, by no later than October 9, 2020.


    Appearances for the 10/6 hearing are excused.

    Party Information

    Debtor(s):

    Delta Hospice of California Inc Pro Se

    Movant(s):

    Todd A. Frealy (TR) Represented By Carmela Pagay

    Trustee(s):

    Todd A. Frealy (TR) Represented By Carmela Pagay

    1:30 PM

    6:20-11096


    Ronald Ward Komers


    Chapter 11


    #4.00


    Musick, Peeler & Garrett, LLP - movant attorney Evidentiary hearing on Motion for Relief from Stay Luther Burbank Savings vs. DEBTOR

    Re: 41999 Calle de Suenos, Murrieta, CA 92562 EH            

    Docket 46


    Tentative Ruling:

    Tentative for 10/6/20 is to set an evidentiary hearing for November 3, 2020, at 1:30 p.m. The respective appraisers of both parties should be prepared to provide sworn testimony and be cross examined by the opposing parties at the 11/3 hearing. The parties are welcome to stipulate to and lodge an order setting the evidentiary hearing for different date, if necessary.


    Appearances for the 10/6 hearing are excused.


    ************************************************************************************* Tentative for 5/12/20 to CONTINUE to July 14, 2020 at 1:30 p.m. A status report is due 14 days in advance.


    Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


    The Parties are reminded to have all relevant filings/information easily accessible.

    1:30 PM

    CONT...


    Debtor(s):


    Ronald Ward Komers

    Party Information


    Chapter 11

    Ronald Ward Komers Represented By Matthew D. Resnik

    Roksana D. Moradi-Brovia

    Movant(s):

    Luther Burbank Savings Represented By Steven Casselberry

    Roksana D. Moradi-Brovia

    1:30 PM

    6:20-14307


    Pimlico Ranch, LLC


    Chapter 11


    #5.00


    Levene, Neale, Bender, Yoo & Brill - movant attorney Motion for Relief from Stay

    Todd A. Frealy, chapter 11 trustee, Bankruptcy Estate of Ben Clymer's The Body Shop Perris, Inc. vs. DEBTOR

    (Motion filed 9/2/20)


    (Cont. from 9/22/20 by order signed 9/9/20)


    Re: (ACTION IN NON-BANKRUPTCY FORUM)


    EH            


    Docket 41


    Tentative Ruling:

    Tentative for 10/6/20 is to GRANT.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1606935854 Meeting ID: 160 693 5854

    Password: 045529

    1:30 PM

    CONT...


    Pimlico Ranch, LLC


    Chapter 11


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 693 5854

    Password: 045529


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Pimlico Ranch, LLC Represented By Robert M Yaspan

    Movant(s):

    Todd A. Frealy Represented By Monica Y Kim

    1:30 PM

    6:20-14798


    Ben Clymer's The Body Shop Perris Inc.


    Chapter 11


    #6.00


    Hrg. on chapter 11 status conference EH            

    (Cont. from 9/1/20)


    Docket 0


    Tentative Ruling:

    Revised Tentative for 10/6/20:


    After further review of the docket, the Court will conduct this status conference.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1606935854 Meeting ID: 160 693 5854

    Password: 045529

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    1:30 PM

    CONT...

    Ben Clymer's The Body Shop Perris Inc.

    Chapter 11

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 693 5854


    Password: 045529


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Ben Clymer's The Body Shop Perris Represented By

    Robert M Yaspan

    Trustee(s):

    Todd A. Frealy (TR) Represented By Monica Y Kim

    Levene, Neale, Bender, Rankin & Brill L.L.P.

    10:00 AM

    6:20-13651


    Alma Alvarado Castillejos


    Chapter 7


    #1.00


    Hrg on approval of Reaffirmation Agreement filed 8/5/20 Between Debtor and Mission Federal Credit Union, in the amount of $4,409.67


    Re: 2015 GMC Acadia FWD SLE-1


    Docket 13


    Tentative Ruling:

    Tentative for 10/7/20:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1601014125 Meeting ID: 160 101 4125

    Password: 429311


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 160 101 4125

    10:00 AM

    CONT...


    Alma Alvarado Castillejos


    Chapter 7


    Password: 429311


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Alma Alvarado Castillejos Represented By Jason B Cruz

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    10:00 AM

    6:20-13729


    Julie Irene Bergman


    Chapter 7


    #2.00


    Hrg. on approval of Reaffirmation Agreement filed 8/4/20 Between Debtor and Alaska USA Federal Credit Union, in the amount of $14,535.06


    Re: 2015 Chevrolet Silverado 1500


    Docket 9


    Tentative Ruling:

    Tentative for 10/7/20:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1601014125 Meeting ID: 160 101 4125

    Password: 429311


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 160 101 4125

    10:00 AM

    CONT...


    Julie Irene Bergman


    Chapter 7


    Password: 429311


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Julie Irene Bergman Represented By Norma Duenas

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    10:00 AM

    6:20-15294


    Vanessa Varieur


    Chapter 7


    #3.00


    Hrg. on approval of Reaffirmation Agreement Between Debtor and Ally Bank in the amount of $20,911.62


    Re: 2015 Ford Flex


    Docket 8


    Tentative Ruling:

    Tentative for 10/7/20:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1601014125 Meeting ID: 160 101 4125

    Password: 429311


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 160 101 4125

    10:00 AM

    CONT...


    Vanessa Varieur


    Chapter 7


    Password: 429311


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Vanessa Varieur Represented By Daniel King

    Trustee(s):

    Steven M Speier (TR) Pro Se

    1:30 PM

    6:19-19296


    John Paul Salvador


    Chapter 7

    Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


    #25.00


    STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


    (Cont. from 08/05/20)


    [Tele. appr., John Salvador, In Pro Per/Pro Se]


    Docket 1


    Tentative Ruling:

    Tentative for 10/7/20:


    Having reviewed the Proof of Service of Summons filed 6/9/20 [Dk. 13], the Court notes that while Plaintiff sent the summons to the entity addresses identified in the Court Manual Register of Federal & State Government Unit Addresses, the service was not labeled (i.e., service was not specifically sent to the Civil Process Clerk and Attorney General) as listed in Court Manual Appendix D, Section 2.4.


    Plaintiff shall obtain a new summons no later than November 1, 2020, and properly serve the entities. As a holding date, which is subject to change after a new summons is issued, the Court shall set a continued status conference of December 2, 2020, at 1:30 p.m. A status report is due 14 days in advance.


    Appearances for the 10/7 hearing are excused.


    *********************************************************************************** Tentative for 8/5/20 is to CONTINUE to October 7, 2020 at 1:30 p.m. A status report is due 14 days in advance.


    Appearances for the 8/5 hearing are excused.

    1:30 PM

    CONT...


    Debtor(s):


    John Paul Salvador


    Party Information


    Chapter 7

    John Paul Salvador Pro Se

    Defendant(s):

    United States Department of Justice Pro Se

    Internal Revenue Service Represented By John D Ellis

    United States Attorney Central Pro Se

    Plaintiff(s):

    John Paul Salvador Pro Se

    Trustee(s):

    Todd A. Frealy (TR) Pro Se

    1:30 PM

    6:20-14458


    Camp Croteau, Inc.


    Chapter 11


    #26.00


    Hrg. on Subchapter V Status Conference (Cont. from 8/18/20)

    Docket 0


    Tentative Ruling:

    Tentative for 10/7/20 is to CONTINUE to December 15, 2020, at 1:30 p.m. In the event that plan confirmation is set for hearing on December 15, 2020, concurrent with this continued status conference, a status report shall not be required.


    Appearances for the 10/7 hearing are excused.


    ***************************************************************************** Tentative for 8/18/20:


    The Court is inclined to set the following dates/deadlines:


    1. Last Day to File a Plan: September 27, 2020, pursuant to 11 U.S.C. Section 1189(b)


    2. Continued Status Conference: October 7, 2020 at 1:30 p.m. A status report is due 14 days prior to the hearing.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    1:30 PM

    CONT...


    Camp Croteau, Inc.


    Chapter 11


    Videoconference URL: https://cacb.zoomgov.com/j/1610306179 Meeting ID: 161 030 6179

    Password: 077351

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 030 6179

    Password: 077351


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


    Party Information

    Debtor(s):

    Camp Croteau, Inc. Represented By

    1:30 PM

    CONT...


    Trustee(s):


    Camp Croteau, Inc.


    Todd L Turoci


    Chapter 11

    Caroline Renee Djang (TR) Pro Se

    11:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7

    Adv#: 8:18-01171 Casey v. Downs


    #4.00


    CONT'D Hearing RE: Motion To Dismiss Adversary Proceeding For Failure To Prosecute Pursuant To Rule 41(b)

    (Motion filed 8/28/2020) FR: 9-23-20

    Docket 38

    *** VACATED *** REASON: CONTINUED TO DECEMBER 18, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 9-25-2020 - (DOCKET NO. [49] )

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Andrea Steinmann Downs Pro Se

    Defendant(s):

    Whitney Downs Represented By Donald W Reid

    Movant(s):

    Whitney Downs Represented By Donald W Reid

    Plaintiff(s):

    Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch

    Trustee(s):

    Thomas H Casey (TR) Represented By

    11:00 AM

    CONT...


    Andrea Steinmann Downs


    Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall


    Chapter 7

    11:00 AM

    8:17-13506


    John Richard Garcia


    Chapter 7


    #5.00


    Hearing RE: Order To Show Cause RE: Angie M. Garcia And Christina Garcia, Individually And As Co-Trustees Of The Angie M. Garcia Trust, Dated October 1, 2014 Must Appear And Show Cause Why They Should Not Be Held In Contempt And Sanctioned For Willfully Violating A Judgment Entered By This Court On March 16, 2020

    (OSC Entered 9-9-2020)


    [Tele. appr., Reem J. Bello, repr., Trustee]


    Docket 37


    Tentative Ruling:

    Tentative for 10/7/20 is to issue an order imposing the requested sanctions against Defendants, including a $500 per day sanction for each day in which Defendants fail to allow the Trustee and her agents to have unfettered access to the building for the purpose of marketing and selling the Property.


    Angie M. Garcia and Christina Garcia should appear virtually and be prepared to be sworn in to testify, if appropriate.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1616569795


    Meeting ID: 161 656 9795

    11:00 AM

    CONT...

    John Richard Garcia

    Chapter 7

    Password: 092941

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Videoconference URL: https://cacb.zoomgov.com/j/1616569795

    Meeting ID: 161 656 9795

    Password: 092941


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    John Richard Garcia Represented By Raymond J Bulaon

    Trustee(s):

    Weneta M Kosmala (TR) Represented By Reem J Bello Jeffrey I Golden

    11:00 AM

    8:18-10969


    Luminance Recovery Center, LLC


    Chapter 7

    Adv#: 8:20-01035 Marshack v. American Express et al


    #6.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

    1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]

    2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04, et seq.] And;

    3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


    FR: 6-10-20; 7-15-20; 8-19-20


    Docket 1

    *** VACATED *** REASON: CONTINUED TO DECEMBER 2, 2020 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 9-17-2020 - (DOCKET NO. [26])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Luminance Recovery Center, LLC Represented By

    Jeffrey I Golden Beth Gaschen

    Defendant(s):

    American Express Pro Se

    American Express National Bank Represented By

    Kelly Sweeney

    American Express Company Represented By Kelly Sweeney

    11:00 AM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    Plaintiff(s):

    Richard A Marshack Represented By Judith E Marshack David Wood

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

    Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

    11:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7


    #7.00


    Hearing RE: Second Motion By Chapter 7 Trustee To Further Extend Deadline To Assume Or Reject Executory Contracts Pursuant To 11 U.S.C. Section 365 (Motion filed 9/11/2020)

    [Affects All Debtors)


    [Tele. appr., David M. Guess, repr., Pacific Premier Bank]


    [Tele. appr., Annette Jarvis, repr., Ruby's Franchise System, Inc.]


    Docket 842


    Tentative Ruling:

    Tentative for 10/7/20 is to GRANT.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan Leo A Bautista

    11:00 AM

    CONT...

    Movant(s):


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays Tinho Mang

    Trustee(s):

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays Tinho Mang

    11:00 AM

    8:18-13666


    Brooks T Morgan


    Chapter 7


    #8.00


    Hearing RE: Debtor's Motion For Order Approving Debtor's Waiver Of Discharge

    (Motion filed 9/3/2020)


    Docket 388

    *** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING DEBTOR'S WAIVER OF DISCHARGE PURSUANT TO 11

    U.S.C. 727 (A)(10) - ENTERED 9-8-2020 (DOCKET NO. [397]) Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Brooks T Morgan Represented By Donald W Sieveke

    Movant(s):

    Brooks T Morgan Represented By Donald W Sieveke Donald W Sieveke Donald W Sieveke Donald W Sieveke Donald W Sieveke

    Trustee(s):

    Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

    11:00 AM

    8:18-13666


    Brooks T Morgan


    Chapter 7

    Adv#: 8:20-01101 Casey v. Morgan


    #9.00


    Hearing RE: Order To Show Cause Why Defendant Should Not Be Held In Contempt For Failure To Comply With Court's Turnover Order

    (Set per Order Entered 8/20/2020)


    Docket 10

    *** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING DEFENDANT'S EX PARTE APPLICATION AND VACATING HEARINGS ON OSC AND MOTION FOR SUMMARY JUDGMENT ENTERED 9-8-2020 (DOCKET NO. [21]

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Brooks T Morgan Represented By Donald W Sieveke

    Defendant(s):

    Brooks T. Morgan Represented By Donald W Sieveke

    Plaintiff(s):

    Thomas H Casey Represented By Thomas H Casey

    Trustee(s):

    Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

    11:00 AM

    8:18-13666


    Brooks T Morgan


    Chapter 7

    Adv#: 8:20-01101 Casey v. Morgan


    #10.00


    Hearing RE: Trustee's Motion For Summary Judgment (Motion filed 8/24/2020)


    Docket 15

    *** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING DEFENDANT'S EX PARTE APPLICATION AND VACATING HEARINGS ON OSC AND MOTION FOR SUMMARY JUDGMENT ENTERED 9-8-2020 (DOCKET NO. [21]

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Brooks T Morgan Represented By Donald W Sieveke

    Defendant(s):

    Brooks T. Morgan Represented By Donald W Sieveke

    Movant(s):

    Thomas H Casey Represented By Thomas H Casey

    Plaintiff(s):

    Thomas H Casey Represented By Thomas H Casey

    Trustee(s):

    Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

    11:00 AM

    CONT...


    Brooks T Morgan


    Chapter 7

    11:00 AM

    8:19-10153


    Thomas Joseph Lynch, JR


    Chapter 7

    Adv#: 8:19-01069 OC West, LLC et al v. Lynch


    #11.00


    CONT'D PRE-TRIAL CONFERENCE RE: First Amended Complaint For: Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6); Denial Of Discharge Pursuant To: 11 U.S.C. Sections 727(a)(2)(A), 727(a)(2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)

  2. , 727(a)(5), and 727(a)(12)(B); And Unfair, Unlawful And Fraudulent Business Practice California Business And Professional Code Section 17200 et seq.


    (Complaint filed 4/17/19)

    (First Amended Complaint filed 8/13/19) (PTC set at S/C held 10/2/19)


    FR: 7-3-19; 7-17-19; 10-2-19; 6-10-20; 7-15-20; 8-5-20


    [Tele. appr., Donald W. Reid, repr., OC West, LLC; Liberty Financial USA, LLC; Liberty Debt Solution]


    Docket 1


    Tentative Ruling:

    Tentative for 10/7/20 is to set this matter for trial on November 9, 2020, at 10:00 a.m.


    Pursuant to Court Order entered October 5, 2020 [Dk. 112]:


    1. Plaintiff’s Exhibit List shall include all of the Exhibits contained in the Exhibit List set out in Plaintiff’s Unilateral Pre-Trial document, filed with this Court on September 30, 2020 [Dk. 106, Section D, pages 8-10]. None of the documents described therein are accepted into evidence at this time. No other documents, except those which may be offered as rebuttal documentation, shall be permitted to be offered into evidence by Plaintiff. Plaintiff shall have copies of these documents bate stamped in order and placed into sequential three rings binders and labeled as exhibits. If they are not bates stamped, the documents

      11:00 AM

      CONT...


      Thomas Joseph Lynch, JR

      shall not be admitted into evidence by the Court. The binders shall not be more than 1.5 inches in width. Plaintiff shall provide five (5) sets of duplicate binders to the Court not less than seven (7) days prior to the Trial. Another set of binders shall be delivered to Defendant not less than seven (7) days prior to the Trial.


    2. Plaintiff’s witnesses shall consist only of the witnesses listed in Plaintiff’s Unilateral Pre-Trial document, filed with this Court on September 30, 2020 [Dk. 106, Section E, pages 10-11]. No other witnesses, except those which may be offered as impeachment witnesses, shall be permitted to be offered by Plaintiff.


      Chapter 7


    3. Defendant’s Exhibit List shall include all of the Exhibits contained in the Exhibit List set out in Defendant’s Unilateral Pre-Trial document, filed with this Court on October 2, 2020 [Dk. 110, Section D, page 24]. None of the documents described therein are accepted into evidence at this time. No other documents, except those which may be offered as rebuttal documentation, shall be permitted to be offered into evidence by Defendant. Defendant shall have copies of these documents bate stamped in order and placed into sequential three rings binders and labeled as exhibits. If they are not bates stamped, the documents shall not be admitted into evidence by the Court. The binders shall not be more than 1.5 inches in width. Defendant shall provide five (5) sets of duplicate binders to the Court not less than seven (7) days prior to the Trial. Another set of binders shall be delivered to Plaintiff not less than seven (7) days prior to the Trial.


    4. Defendant’s witnesses shall consist only of the witnesses listed in Defendant’s Unilateral Pre-Trial document, filed with this Court on October 2, 2020 [Dk. 110, Section E, page 26]. No witnesses have been provided, and therefore Defendant shall not be permitted to call any witnesses, including himself, except when offered as impeachment witnesses.

    5. Upon review of the respective Pre-Trial documents filed by Plaintiff and Defendant, the Court finds that the following admitted facts, requiring no proof, will consist of paragraphs 1, 2, 16, 31, 32, 34, of Plaintiff’s Pre-Trial Stipulation.

      11:00 AM

      CONT...


      Thomas Joseph Lynch, JR


      Chapter 7


    6. All remaining "facts" set out in the respective Pre-Trial documents filed by Plaintiff and Defendant are issues of facts to be litigated.


    7. All issues of law set out in the respective Pre-Trial documents filed by Plaintiff and Defendant, and no others, remain to be litigated.


    8. The Court finds that all discovery is complete, and the parties are ready for trial.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616569795


Meeting ID: 161 656 9795

Password: 092941

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Videoconference URL: https://cacb.zoomgov.com/j/1616569795

Meeting ID: 161 656 9795

Password: 092941

11:00 AM

CONT...

Thomas Joseph Lynch, JR

Chapter 7

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Thomas Joseph Lynch JR Pro Se

Defendant(s):

Thomas Joseph Lynch Pro Se

Plaintiff(s):

OC West, LLC Represented By Donald W Reid

Liberty Financial USA, LLC Represented By Donald W Reid

Liberty Debt Solution, LLC Represented By Donald W Reid

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:19-10347


Hassan Abbas Kassir


Chapter 7

Adv#: 8:19-01080 Marshack v. Kassir


#12.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727

(Complaint filed 5/6/19)

(Another summons issued 6/17/19) (PTC set at S/C held 11-20-19)


FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19; 5-27-20


Docket 1

*** VACATED *** REASON: CONTINUED TO NOVEMBER 18, 2020 AT 11:00 A.M. PER ORDER GRANTING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE ENTERED 9-23-2020 - (DOCKET NO. [70])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hassan Abbas Kassir Pro Se

Defendant(s):

Hassan Abbas Kassir Pro Se

Plaintiff(s):

Richard A Marshack Represented By Donald W Sieveke

Trustee(s):

Richard A Marshack (TR) Represented By Donald W Sieveke

11:00 AM

8:19-10349


Sukeinah Hassan Kassir


Chapter 7

Adv#: 8:19-01081 Marshack v. Kassir


#13.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727

(Complaint filed 5/6/19)

(Another summons issued 6/17/19) (PTC set at S/C held 11/20/19)

(First Amended Complaint filed 6/12/2020)


FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19; 5-27-20


Docket 1

*** VACATED *** REASON: CONTINUED TO JANUARY 20, 2021 AT 1:30 P.M. PER ORDER ON STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE ENTERED 9-26-2020 IN LEAD CASE - (DOCKET NO. [82])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sukeinah Hassan Kassir Represented By Vikrant Chaudhry

Defendant(s):

Sukeinah Hassan Kassir Pro Se

Plaintiff(s):

Richard A Marshack Represented By Donald W Sieveke

Trustee(s):

Richard A Marshack (TR) Represented By

11:00 AM

CONT...


Sukeinah Hassan Kassir


Donald W Sieveke


Chapter 7

11:00 AM

8:19-10349


Sukeinah Hassan Kassir


Chapter 7

Adv#: 8:19-01130 Marshack v. Kassir et al


#14.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers

(Complaint filed 7/2/19)

(PTC set at S/C held 11/20/19)


FR: 9-18-19; 10-2-19; 11-20-19; 5-27-20


Docket 1

*** VACATED *** REASON: CONTINUED TO JANUARY 20, 2021 AT 1:30 P.M. PER ORDER ON STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE ENTERED 9-26-2020 - (DOCKET NO. [82])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sukeinah Hassan Kassir Represented By Vikrant Chaudhry

Defendant(s):

Mohammad Mahdi Kassir Represented By Vikrant Chaudhry

Mohammad Abbas Kassir Represented By Vikrant Chaudhry

Ali Al-Hadi Kassir Represented By Vikrant Chaudhry

Sukeinah Kassir Represented By Vikrant Chaudhry

Plaintiff(s):

Richard A Marshack Represented By

11:00 AM

CONT...


Trustee(s):


Sukeinah Hassan Kassir


Donald W Sieveke


Chapter 7

Richard A Marshack (TR) Represented By Donald W Sieveke

11:00 AM

8:19-11749


Mike Basil Mike, III


Chapter 7

Adv#: 8:19-01166 Aerofund Holdings, Inc. v. Mike, III


#15.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Non-dischargeability

[Case transferred from CB on 7/31/2020]

[Complaint filed 8/8/19]

[First Amended Complaint filed 8/14/19] [Another Summons Issued 9/3/19]


FR: 11-5-19; 3-3-30; 6-2-20; 9-3-20; 9-30-20


Docket 7

*** VACATED *** REASON: OFF CALENDAR - PER ORDER VACATING STATUS CONFERENCE HEARING ENTERED 9-17-2020 - (DOCKET NO. [40])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mike Basil Mike III Represented By

Marvin Maurice Oliver

Defendant(s):

Mike Basil Mike III Represented By

Marvin Maurice Oliver

Joint Debtor(s):

Erin Kate Mike Represented By

Marvin Maurice Oliver

Plaintiff(s):

Aerofund Holdings, Inc. Represented By Ginger L Sotelo

11:00 AM

CONT...

Trustee(s):


Mike Basil Mike, III


Chapter 7

Weneta M Kosmala (TR) Pro Se

11:00 AM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01190 Murray v. Zahedi


#16.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6)

(Complaint filed 9/20/19)

(PTC set at S/C held 12/18/19) FR: 12-18-19; 7-1-20

Docket 1

*** VACATED *** REASON: CONTINUED TO FEBRUARY 17, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION BETWEEN PLAINTIFF AND DEFENDANT TO CONTINUE THE DISCOVERY CUTOFF AND PRETRIAL CONFERENCE ENTERED 9-10-2020 - (DOCKET NO. [25])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Patricia Murray Represented By Thomas J Eastmond Robert P Goe

11:00 AM

CONT...

Trustee(s):


Charles S Zahedi


Chapter 7

Richard A Marshack (TR) Pro Se

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#17.00


CONT'D Hearing RE: Motion To Dismiss (Motion filed 7/2/2020)


FR: 8-4-20; 9-3-20; 9-10-20


Docket 31


Tentative Ruling:

Tentative for 10/7/20 is to CONTINUE to October 21, 2020, at 10:00 a.m., concurrent with the hearing on Plaintiff's Motion to Amend filed 9/16/20 [Dk. 59].


Appearances for the 10/7 hearing are excused.


****************************************************************************** Tentative for 9/10/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617058753 Meeting ID: 161 705 8753

Password: 191610

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 705 8753

Password: 191610


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

Movant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#18.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Preliminary Injunction, Declaratory Judgment, And Further Relief

(Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]


FR: 8-4-20; 9-3-20; 9-10-20


Docket 1


Tentative Ruling:

Tentative for 10/7/20 is to CONTINUE to October 21, 2020, at 10:00 a.m. A status report is not required.


Appearances for the 10/7 hearing are excused.


**************************************************************************** Tentative for 9/10/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617058753 Meeting ID: 161 705 8753

Password: 191610

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 705 8753

Password: 191610


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

11:00 AM

8:19-14348


Alisandro Romero


Chapter 7


#19.00


Hearing RE: Motion For Turnover Of Estate Property Under 11 U.S.C. Section 542

(Motion filed 8/26/2020)


[Tele. appr., Thomas J. Polis, repr., Alisandro Romero, Defendant] [Tele. appr., Nanette D. Sanders, repr., Karen Sue Naylor, Trustee]

Docket 41


Tentative Ruling:

Tentative for 10/7/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran

Movant(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

CONT...

Trustee(s):


Alisandro Romero


Chapter 7

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#20.00


CONT'D Hearing RE: Motion To Compel Further Response To Special Interrogatories And Request For Production Of Documents

(Motion filed 8/3/2020) FR: 8-19-20

Docket 12


Tentative Ruling:

Tentative for 10/7/20:


Plaintiff, appearing in pro per, seeks an order compelling Defendant to fully and completely respond to Plaintiff's requests for special interrogatories and production of documents, and for an award of attorney's fees and costs.


While Defendant responded to Plaintiff's requests, it does not appear that the responses were timely, and the responses did not state with specificity any grounds for objection. In some cases, Defendant did not object at all and in others, Defendant indicated that responses would be limited to the 2017-2019 time frame; however, such limitation does not meet the required level of specificity set forth in FRCP 33 and 34 below.


Thus, under applicable law, the objections were waived. As set forth in FRCP 33(B)(2) & (4), with respect to interrogatories, a responding party's failure to timely object with specifically stated grounds waives objection. Further, with respect to document production, FRCP 34(b)(2)(A) & (C), an objection must be specifically stated and explain "whether any responsive materials are being withheld on the basis of that objection."


Defendant's counsel should appear and be prepared to explain to the Court how the responses provided to Plaintiff comply with the aforementioned applicable rules, and how the electronic "document dump" provided to Plaintiff meets the requirements of FRCP 34(b)(2)(E)(i), which requires a party to

11:00 AM

CONT...


Alisandro Romero


Chapter 7

produce electronic documentation as kept in the usual course of business or organized and labeled to correspond to the categories in the request.


In the event that the Court grants the motion to compel, the Court is inclined to grant Plaintiff's attorney's fee request pursuant to the plain language of FRCP 37(a)(5), which allows an award of reasonable attorney's fees, and which the Court notes is not expressly limited to fees paid only to counsel of record.


Lastly, in the event that the Court grants the motion to compel, the Court is inclined to extend the Discovery Cutoff date to November 1, 2020 (as it pertains to the discovery requested by this motion only), and set the following dates/deadlines:


  1. Motion cutoff: January 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  2. Pre-Trial Conference: March 3, 2021, at 1:30 p.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616569795


Meeting ID: 161 656 9795

Password: 092941

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

11:00 AM

CONT...

Alisandro Romero

Chapter 7

audio of the hearing may be accessed by telephone using the following audio conference information:

Videoconference URL: https://cacb.zoomgov.com/j/1616569795

Meeting ID: 161 656 9795


Password: 092941


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran

Defendant(s):

Alisandro Romero Represented By Thomas J Polis

Movant(s):

Michael Petersen Pro Se

Plaintiff(s):

Michael Petersen Pro Se

11:00 AM

CONT...

Trustee(s):


Alisandro Romero


Chapter 7

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:20-10437


State Department Watch Limited


Chapter 7


#21.00


Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Approving The Sale Of Estate's Interest In The Donor Lists Of Debtors State Department Watch Limited, GI America Foundation, And 1776 Nation, Inc. Pursuant To Bankruptcy Code Section 363(b)(1), Including Breakup Fee, Subject To Overbids, Combined With Notice Of Bidding Procedures And Request For Approval Of The Bidding Procedures Utilized, And Granting Related Relief

(Motion filed 8/20/2020)


Docket 30


Tentative Ruling:

Tentative for 10/7/20 is to APPROVE.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616569795


Meeting ID: 161 656 9795

Password: 092941

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...

State Department Watch Limited

Chapter 7

Videoconference URL: https://cacb.zoomgov.com/j/1616569795

Meeting ID: 161 656 9795


Password: 092941


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

State Department Watch Limited Represented By

Leonard M Shulman Jai H Kim

Movant(s):

Thomas H Casey (TR) Represented By Leonard M Shulman Jai H Kim

Trustee(s):

Thomas H Casey (TR) Represented By Leonard M Shulman Jai H Kim

11:00 AM

8:20-11167


PIF Restaurant Group, Inc.


Chapter 7


#22.00


Hearing RE: Motion To Approve Compromise Of Controversy Between Chapter 7 Trustee, Francis X. Pisano And Holdings Of PKJ, Inc. Regarding Estate's Interest In Liquor Licenses

(Motion filed 8/24/2020)


[Tele. appr., Robert P. Goe, repr., PIF Restaurant Group, Inc.] [Tele. appr., Nanette D. Sanders, repr., Karen Sue Naylor, Trustee]

Docket 32


Tentative Ruling:

Tentative for 10/7/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

PIF Restaurant Group, Inc. Represented By Robert P Goe

Movant(s):

Karen S Naylor (TR) Represented By

11:00 AM

CONT...


Trustee(s):


PIF Restaurant Group, Inc.


Nanette D Sanders


Chapter 7

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:20-11516


Hugo Torres


Chapter 7


#23.00


Hearing RE: Motion To Dismiss Chapter 7 Case With 180 Day Bar To Refiling Pursuant To 11 U.S.C. Sections 707(b)(3)(A), 105(a), 109(g) And 349

(Motion filed 9/8/2020)


Docket 16


Tentative Ruling:

Tentative for 10/7/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Hugo Torres Represented By

John Asuncion

Movant(s):

United States Trustee (SA) Represented By

Nancy S Goldenberg

Trustee(s):

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:20-11643


James A. Trent


Chapter 7


#24.00


Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Real Property Free And Clear Of Liens, Claims, And Interests Pursuant To 11

U.S.C. Sections 363(b) And (f); (2) Approving Overbid Procedures; (3) Approving Buyer, Successful Bidder, And Back-Up Bidder As Good-Faith Purchaser Pursuant To 11 U.S.C. Section 363(m); And (4) Authorizing Payment Of Undisputed Liens, Real Estate Broker's Commissions And Other Ordinary Costs Of Sale

(Motion filed 9/10/2020)


[RE: 18837 Walnut Street, Fountain Valley, California 92708] [APN: 157-203-05]


[Tele. appr., Reem J. Bello, repr., Weneta M. Kosmala, Trustee]


Docket 39


Tentative Ruling:

Tentative for 10/7/20 is to APPROVE.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616569795


Meeting ID: 161 656 9795

Password: 092941

11:00 AM

CONT...

James A. Trent

Chapter 7

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Videoconference URL: https://cacb.zoomgov.com/j/1616569795

Meeting ID: 161 656 9795


Password: 092941


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

James A. Trent Represented By Christine A Kingston

Movant(s):

Weneta M Kosmala (TR) Represented By Reem J Bello

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello

11:00 AM

CONT...


James A. Trent


Chapter 7

10:00 AM

8:18-14490


El Valle Plastering, Inc.


Chapter 7


#1.00


Motion for relief from stay [Action In Non-Bankruptcy Forum]


Martin C-H Nguyen vs. DEBTOR (Motion filed 8/31/2020)


[RE: Case Name: David Fisher and Michelle Fisher v. Omni Contracting, et al.]

[Docket Number: 30-2019-01103392] [Pending In: Orange County Superior Court]


Docket 48


Tentative Ruling:

Tentative for 10/8/20:


The Court is inclined to GRANT the motion, provided that Movant seeks to collect upon insurance proceeds only. The Court notes that a stipulation relating to this motion was filed on 9/25/20 [Dk. 54]. To the extent that such stipulation seeks relief as to parties not before this Court, the stipulation is not approved.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1601296410

10:00 AM

CONT...


El Valle Plastering, Inc.


Chapter 7

Meeting ID: 160 129 6410

Password: 808711

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 129 6410

Password: 808711


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

El Valle Plastering, Inc. Represented By Andy J Epstein Martin C Nguyen

Movant(s):

10:00 AM

CONT...


El Valle Plastering, Inc.


Chapter 7

El Valle Plastering, Inc. Represented By Andy J Epstein Martin C Nguyen

Trustee(s):

Thomas H Casey (TR) Pro Se

11:00 AM

8:16-11389


Carl Vernon and Serene Vernon


Chapter 11


#2.00


Hearing RE: Post-Confirmation Debtor's Motion To Reopen Their Individual Chapter 11 Case

(Motion filed 9/10/2020)


Docket 174


Tentative Ruling:

Tentative for 10/8/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Carl Vernon Represented By

John H Bauer

Joint Debtor(s):

Serene Vernon Represented By John H Bauer

Movant(s):

Carl Vernon Represented By

John H Bauer

11:00 AM

CONT...


Carl Vernon and Serene Vernon


John H Bauer


Chapter 11

11:00 AM

8:16-11389


Carl Vernon and Serene Vernon


Chapter 11


#3.00


Hearing RE: Post-Confirmation Debtor's Motion For Discharge Of Their Individual Chapter 11 Case

(Motion filed 9/10/2020)


Docket 176


Tentative Ruling:

Tentative for 10/8/20 is to CONTINUE to November 19, 2020, at 11:00 a.m., to allow the Debtor to effectuate proper service on Chase Bank.


The filed proof of service indicates that Chase Bank was served to a P.O. Box; however, this Court requires that service be made to the attention of an officer, or agent authorized to receive service of process, pursuant to FRBP 7004(c).


Appearances for the 10/8 hearing are excused.

Party Information

Debtor(s):

Carl Vernon Represented By

John H Bauer

Joint Debtor(s):

Serene Vernon Represented By John H Bauer

Movant(s):

Carl Vernon Represented By

John H Bauer John H Bauer

11:00 AM

8:16-11389


Carl Vernon and Serene Vernon


Chapter 11


#4.00


Hearing RE: Motion In Chapter 11 Case For Entry Of A Final Decree And Order Closing Case

(Motion filed 9/10/2020)


Docket 178


Tentative Ruling:

Tentative for 10/8/20 is to CONTINUE to November 19, 2020, at 11:00 a.m., to allow the Debtor to effectuate proper service on Chase Bank.


The filed proof of service indicates that Chase Bank was served to a P.O. Box; however, this Court requires that service be made to the attention of an officer, or agent authorized to receive service of process, pursuant to FRBP 7004(c).


Appearances for the 10/8 hearing are excused.

Party Information

Debtor(s):

Carl Vernon Represented By

John H Bauer

Joint Debtor(s):

Serene Vernon Represented By John H Bauer

Movant(s):

Carl Vernon Represented By

John H Bauer John H Bauer

11:00 AM

8:19-12739


Maria Julia Higueros


Chapter 11


#5.00


CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Case Management Conference And (2) Requiring Status Report (Petition filed 7/15/19)


FR: 9-12-19; 12-19-19; 3-12-20; 5-28-20


Docket 5

*** VACATED *** REASON: OFF CALENDAR - FINAL DECREE AND ORDER GRANTING MOTION FOR ENTRY OF FINAL DECREE, DISCHARGE, AND ORDER CLOSING DEBTOR'S CHAPTER 11 CASE ENTERED 8-27-2020 - (DOCKET NO. [91]; CASE CLOSED 10-1-2020-

(DOCKET NO. [97])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11


#6.00


CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

(Petition filed 5/7/2020)


FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB); 7-16-20


Docket 1


Tentative Ruling:

Tentative for 10/8/20 is to CONTINUE to December 17, 2020, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 10/8 hearing are excused.


***************************************************************************** Tentative for 7/16/20 is to CONTINUE to October 8, 2020 at 11:00 a.m., and set the following dates/deadlines:


  1. Claims Bar Date: 8/15/20

  2. Deadline for filing Claim Objections: 12/31/20

  3. Deadline to file Plan and Disclosure Statement: 9/4/20


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604927436

11:00 AM

CONT...


Rockport Development, Inc.


Chapter 11

Meeting ID: 160 492 7436

Password: 959938

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 492 7436

Password: 959938

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw

11:00 AM

8:20-11923

Linda Flora, LLC

Chapter 11

#7.00


CONT'D STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 7/6/2020)


FR: 10-8-20


Docket 0


Tentative Ruling:

Tentative for 10/8/20:


Pursuant to this Court's granting of the motion to dismiss filed 8/29/20 [Dk. 31], this hearing is vacated and this matter is taken off calendar.


The 10/8 hearing will not be held; therefore, no appearances are required.


************************************************************************************** Tentative for 8/20/20:


Pursuant to the Court's tentative on related matter #17, this status conference shall be continued to September 24, 2020, at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

11:00 AM

CONT...


Linda Flora, LLC


Chapter 11

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1614530813 Meeting ID: 161 453 0813

Password: 536933

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 453 0813

Password: 536933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Linda Flora, LLC Represented By

11:00 AM

CONT...


Trustee(s):


Linda Flora, LLC


Randy Chang


Chapter 11

Robert Paul Goe (TR) Pro Se

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11


#8.00


CONT'D STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 7/7/2020)


FR: 8-20-20


Docket 9


Tentative Ruling:

Tentative for 10/8/20:


The Court has reviewed the Joint Status Report [Dk. 72] and Trustee's First Report of Investigation [Dk. 71], and is inclined to order the parties to mediation as requested by all parties.


The Court shall set a continued status conference on December 3, 2020, at 11:00 a.m. A joint status report, and supplemental report of investigation, is due no later than 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 11

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1615493339 Meeting ID: 161 549 3339

Password: 708714

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 549 3339

Password: 708714


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

11:00 AM

CONT...

Trustee(s):


Vasken K Kiladjian


Chapter 11

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#9.00


STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)

    (Amended Order Entered 8/20/2020)


    Docket 9


    Tentative Ruling:

    Tentative for 10/8/20:


    The Court is inclined to set the following dates/deadlines:


    1. Deadline to file Plan and D.S. - November 17, 2020 (statutory deadline as requested by Debtor)


    2. Proof of Claims Deadline - December 1, 2020 (as requested by Debtor)


    3. Deadline to file Objections to Claims - January 29, 2021


A continued status conference shall be set for January 7, 2021, at 11:00 a.m., with a status report required 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

11:00 AM

CONT...


Christopher Alexander Todero


Chapter 11


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1615493339 Meeting ID: 161 549 3339

Password: 708714

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 549 3339

Password: 708714


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

11:00 AM

CONT...

Debtor(s):


Christopher Alexander Todero


Chapter 11

Christopher Alexander Todero Represented By Anerio V Altman

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#10.00


CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]


BMO Harris Bank, N.A. vs. DEBTOR (Motion filed 8/27/2020)


[RE: Case Name: BMO Harris Bank N.A. v. Ajax Leasing Co. LLC, et al.] [Docket Number: 20NWCV00296]

[Pending In: Los Angeles County Superior Court, State of California, Norwalk Courthouse]


FR: 9-24-20


Docket 26


Tentative Ruling:

Tentative for 10/8/20 is to DENY.


While the Court may not have expressly required the Movant to file a supplemental pleading at the prior hearing on 9/24/20, the Court specifically noted that the motion could not be granted due to Movant's failure to address the Curtis factors (e.g. the standard for determining whether cause exists to grant relief to proceed in a non-bankruptcy forum). To date, Movant has not filed any supplemental pleading, or submitted evidence, which addresses the Curtis factors.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

11:00 AM

CONT...


Christopher Alexander Todero


Chapter 11


Videoconference URL: https://cacb.zoomgov.com/j/1615493339 Meeting ID: 161 549 3339

Password: 708714

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 549 3339

Password: 708714


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


******************************************************************************* Tentative for 9/24/20:


The Motion should be denied. The Movant seeks relief from stay to have a state court determine liability of the Debtor in state court, and implies that the

11:00 AM

CONT...


Christopher Alexander Todero


Chapter 11

Movant will seek a state court determination of non-dischargeability of any such liability. This Court will not delegate any authority to a state court to make such determination. The most the state court would be permitted to do by this Court is determine whether there is any pre-petition liability to the Movant by the Debtor.


This Court also notes that no adversary proceeding with respect to non- dischargeability has been filed against the Debtor by the Movant. The deadline for filing such adversary proceeding is November 3, 2020. If timely action is not filed in this Court, there is no need to have the state court proceed with an action against the Debtor.


The Court further notes that Movant does not address through submitted evidence the Curtis factors, which provide the standard for determining whether cause exists to grant relief to proceed in a non-bankruptcy forum. For this reason alone, the Motion is denied.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1610139414 Meeting ID: 161 013 9414

Password: 518473

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...

Christopher Alexander Todero

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 013 9414


Password: 518473


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Movant(s):

BMO HARRIS BANK N.A. Represented By

Jennifer Witherell Crastz

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 11


#11.00


Hearing RE: Motion Of Trustee Peter J. Mastan For Entry Of An Order (A) Approving Bid Procedures In Connection With Sale Of Assets Free And Clear Of All Liens, Claims, Encumbrances, And Interests; (B) Approving The Form And Manner Of Notice; (C) Scheduling An Auction And Sale Hearing; (D) Approving Procedures For Determining Cure Amounts; And (E) Approving Break-Up Fee (Motion filed 10/1/2020)


Docket 464


Tentative Ruling:

Tentative for 10/8/20 is to APPROVE.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615493339 Meeting ID: 161 549 3339

Password: 708714


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Ruby's Franchise Systems, Inc., a California


Chapter 11


Meeting ID: 161 549 3339

Password: 708714


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

Eric J Fromme Christopher J Harney

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino

10:00 AM

6:20-10948


Melissa Lynn Lambert


Chapter 7


#1.00


Snell & Wilmer LLP - movant attorney Motion for Relief from the Stay

PS Funding, Inc. vs. Debtor (Motion filed 8/6/20)


RE: 17441 San Bernardino Avenue, Fontana, CA 92335 (Cont. from 9/22/20)

Docket 26

*** VACATED *** REASON: Notice of Withdrawal of Motion filed on 10/5/20 (Doc. 32) - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Melissa Lynn Lambert Represented By Neil R Hedtke

Movant(s):

PS Funding, Inc. Represented By Andrew Still Eric S Pezold

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-14683


Bulldog Coatings LLC


Chapter 7


#2.00


Barbara R. Gross, attorney at Law - movant attorney Motion for Relief from Stay

U.S. Bank National Association dba U.S. Bank Equipment Finance (Motion filed 9/17/20)


Re: Pulse Jet Dust Collector, Premium New York Blower, and Concrete 3000 psi 1" Rock .


EH            


Docket 20


Tentative Ruling:

Tentative for 10/20/20 is to CONTINUE to November 3, 2020, at 10:00 a.m. to allow Movant to effectuate proper service upon Debtor.


Debtor was not served pursuant to FRBP 7004. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than October 16, 2020.


Appearances for the 10/20 hearing are excused.

Party Information

Debtor(s):

Bulldog Coatings LLC Represented By

10:00 AM

CONT...


Trustee(s):


Bulldog Coatings LLC


Julie J Villalobos


Chapter 7

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-14839


Martin A Marin and Kathy Torres


Chapter 7


#3.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Toyota Lease Trust vs. DEBTORS (Motion filed 8/28/20)


Re: 2016 Lexus IS 200t with Proof of Service EH            

Docket 9


Tentative Ruling:

Tentative for 10/20/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Martin A Marin and Kathy Torres


Chapter 7

Martin A Marin Represented By Ruben Salazar

Joint Debtor(s):

Kathy Torres Represented By

Ruben Salazar

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:20-15471


Erlinda B. Garcia


Chapter 7


#4.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 9/15/20)


Re: : 2018 Toyota Tacoma EH            

Docket 11


Tentative Ruling:

Tentative for 10/20/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.


Party Information

10:00 AM

CONT...

Debtor(s):


Erlinda B. Garcia


Chapter 7

Erlinda B. Garcia Represented By Joselina L Medrano

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:20-15612


Jorge Armando Gomez


Chapter 7


#5.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 9/28/20)


Re: 2018 Nissan Altima EH            

Docket 9


Tentative Ruling:

Tentative for 10/20/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

10:00 AM

CONT...

Debtor(s):


Jorge Armando Gomez


Chapter 7

Jorge Armando Gomez Represented By Ruben Salazar

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:20-16065


Heidi Ruiz Carrillo


Chapter 7


#6.00


Law Offices of Vincent Frounjian, P.C. - movant attorney Motion for Relief from Stay

American Honda Finance Corporation vs. DEBTOR, Steven M. Speier, chapter 7 trustee

(Motion filed 9/21/20)


Re: 2018 Honda Accord, VIN: 1HGC V1F3 5JA0 96663


EH            


Docket 9


Tentative Ruling:

Tentative for 10/20/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.


Party Information

10:00 AM

CONT...

Debtor(s):


Heidi Ruiz Carrillo


Chapter 7

Heidi Ruiz Carrillo Represented By Yolanda Flores-Burt

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:20-16137


Ihab Ra Kahla


Chapter 7


#7.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

ACAR Leasing LTD d/b/a GM Financial Leasing vs. DEBTOR (Motion filed 9/24/20)


Re: 2018 GMC Terrain, VIN: 3GKALMEX3JL130663


EH            


Docket 8


Tentative Ruling:

Tentative for 10/20/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.


Party Information

10:00 AM

CONT...

Debtor(s):


Ihab Ra Kahla


Chapter 7

Ihab Ra Kahla Represented By Brian J Soo-Hoo

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:18-19561


Esteban Brito Gallegos


Chapter 7


#8.00


Hrg. on approval of trustee's final report and applications for compensation EH            

[Re: Robert S. Whitmore, chapter 7 trustee] [Fees; $2650.00; Expenses; $66.26]


[Re: The Turoci Firm, attorney for trustee] [Fees; $5352.50; Expenses; $380.12]


[Re: Donald T. Fife, accountant for trustee] [Fees; $1000.00; Expenses $0]


Docket 0


Tentative Ruling:

Tentative for 10/20/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.


Party Information

11:00 AM

CONT...

Debtor(s):


Esteban Brito Gallegos


Chapter 7

Esteban Brito Gallegos Represented By

Stuart G Steingraber

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-18531


Manuel Jose Perez and Adriana Gabriela Perez


Chapter 7


#9.00


Hrg. on approval of Trustee's Final Report and Applications for Compensation EH            

Docket 0


Tentative Ruling:

Tentative for 10/20/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Manuel Jose Perez Represented By Gary J Holt

Joint Debtor(s):

Adriana Gabriela Perez Represented By Gary J Holt

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-16380


Arturo Lopez and Onoria Lopez


Chapter 7


#10.00


Hrg. on Debtors' Motion filed 9/24/20 to Redeem Property of the Estate 2018 Ford Fusion SE Hybrid Sedan 4D Financed Through Ford Motor Credit Company LLC Under 11 U.S.C 722


EH            


Docket 9


Tentative Ruling:

Tentative for 10/20/20:


Having considered all evidence provided by Debtor's motion filed 9/24/20 [Dk. 9] and the Opposition filed 10/9/20 [Dk. 14], the Court is inclined to find that the redemption value of the vehicle is $11,879.00.


This value was ascertained from the following. First, the evidence provided with Debtor's motion at Exhibit 1 reflects a range of Kelley Blue Book values, of which $11,879.00 is the highest. Having reviewed the listings provided on Page 2 of Debtor's Exhibit 1, the Court notes that the Court's utilization of the higher range value would be consistent with those listings, specifically noting that the mileage of those vehicles are lower than the vehicle at issue here.

Lastly, while the NADA valuation provided by the Opposition filed 10/9/20 [Dk. 14] provides for a higher retail value of approximately $14,075.00, the Court notes that the region surveyed is "California," and is not tailored to Debtor's particular zip code.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

11:00 AM

CONT...


Arturo Lopez and Onoria Lopez


Chapter 7

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608249836 Meeting ID: 160 824 9836

Password: 616219

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 824 9836

Password: 616219


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Arturo Lopez Represented By

Steven A Alpert

11:00 AM

CONT...


Arturo Lopez and Onoria Lopez


Chapter 7

Joint Debtor(s):

Onoria Lopez Represented By Steven A Alpert

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:11-28115


DAVID LIN and CHRISTINE YIU


Chapter 11


#11.00


CONT Hrg. on Debtors' Motion filed 8/21/20 For Final Entry of Discharge and Final Decree and Order Closing Chapter 11 Case


(Cont. from 9/22/20) EH            

Docket 171


Tentative Ruling:

Tentative for 10/20/20 is to CONTINUE to November 17, 2020, at 1:30 p.m., with a status report due 14 days before.


Appearances for the 10/20 hearing are excused.


**************************************************************************** Tentative for 9/22/20:


Debtor is to appear and address the Opposition filed 9/8/20 [Dk. 173] by Creditor, PNC Bank, N.A.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1614216981 Meeting ID: 161 421 6981

1:30 PM

CONT...


DAVID LIN and CHRISTINE YIU


Chapter 11


Password: 158143

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 421 6981

Password: 158143


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

DAVID LIN Represented By

Michael J Jaurigue Elaine Le

Ryan A. Stubbe

Joint Debtor(s):

CHRISTINE YIU Represented By

1:30 PM

CONT...


Movant(s):


DAVID LIN and CHRISTINE YIU


Michael J Jaurigue Elaine Le

Ryan A. Stubbe


Chapter 11

DAVID LIN Represented By

Michael J Jaurigue Elaine Le

Ryan A. Stubbe

CHRISTINE YIU Represented By Michael J Jaurigue Michael J Jaurigue Elaine Le

Elaine Le Ryan A. Stubbe Ryan A. Stubbe

1:30 PM

6:18-12715


Big Bear Bowling Barn, Inc.


Chapter 11


#12.00


CONT Hrg. on Order to Show Cause why this case should not be dismissed or converted to chapter 7


(Cont. from 9/29/20)


Docket 0


Tentative Ruling:

Tentative for 10/20/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608613464 Meeting ID: 160 861 3464

Password: 564125

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 861 3464

1:30 PM

CONT...

Big Bear Bowling Barn, Inc.

Chapter 11


Password: 564125


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


***************************************************************************** Tentative for 9/29/20:


Given that Debtor has defaulted on its confirmed plan, and did not timely file a response to the Court's Order to Show Cause why this Case Should not be Dismissed or Converted [Dk. 242] as required, the Court is inclined to convert this case to Ch. 7, or dismiss, pursuant to 11 U.S.C. § 1112(b).


The Court would like to hear from Debtor, United States Trustee, and any other interested parties, regarding whether conversion or dismissal is in the best interest of the creditors and the estate.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

1:30 PM

CONT...


Big Bear Bowling Barn, Inc.


Chapter 11

Videoconference URL: https://cacb.zoomgov.com/j/1606866729 Meeting ID: 160 686 6729

Password: 898111

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 686 6729

Password: 898111


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

Lawrence R Fieselman

1:30 PM

6:18-12715


Big Bear Bowling Barn, Inc.


Chapter 11


#13.00


CONT Hrg. on Post Confirmation Status Conference EH            

(Hrg. cont. from 9/29/20)



Docket 0


Tentative Ruling:

Tentative for 10/20/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608613464 Meeting ID: 160 861 3464

Password: 564125

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

1:30 PM

CONT...

Big Bear Bowling Barn, Inc.

Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 861 3464


Password: 564125


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


*************************************************************************** Tentative for 9/29/20:


In light of the Court's tentative on related matter #6, this post-confirmation status conference shall be taken off calendar.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

1:30 PM

CONT...


Big Bear Bowling Barn, Inc.


Chapter 11


Videoconference URL: https://cacb.zoomgov.com/j/1606866729 Meeting ID: 160 686 6729

Password: 898111

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 686 6729

Password: 898111


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

Lawrence R Fieselman

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#14.00


Hrg. on Application for Compensation Final Application for an Award of Fees and Costs for Counsel for Debtor-In-Possession for Services Provided from Petition Date through September 22, 2020, for The Fox Law Corporation, Inc., Debtor's Attorney, Period: 8/13/2019 to 9/22/2020, Fee: $173172.50, Expenses:

$11219.76


EH         


Docket 355


Tentative Ruling:

Tentative for 10/20/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#15.00


Hrg. on Application for Compensation First and Final Application for an Award of Fees and Costs for Litigation Counsel for Debtor-In-Possession for Services Provided from Petition Date Through September 22, 2020, for Hartzler & Hartzler, Debtor's Attorney, Period: 8/13/2019 to 9/22/2020, Fee: $4780.00, Expenses: $473.00


EH         


Docket 356


Tentative Ruling:

Tentative for 10/20/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#16.00


Hrg. on Application for Compensation Final Application for an Award of Fees and Costs for Special Litigation Counsel for Debtor-In-Possession for Services Provided from Petition Date Through September 22, 2020, for Lawrence & Associates, Debtor's Attorney, Period: 8/13/2019 to 9/22/2020, Fee: $73560.00, Expenses: $5803.27


EH         


Docket 357


Tentative Ruling:

Tentative for 10/20/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#17.00


CONT Hrg. on Debtor's Ex Parte Motion to Continue Deadline for Debtor to File His Disclosure Statement Describing Chapter 11 Plan of Reorganization and Chapter 11 Plan of Reorganization for 90-Days


EH            


(Cont. from 9/29/20)


Docket 117


Tentative Ruling:

Tentative for 10/20/20 is to GRANT an extension of the Debtor's deadline to file a Plan and Disclosure Statement through November 16, 2020.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608613464 Meeting ID: 160 861 3464

Password: 564125


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 861 3464

Password: 564125


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


***************************************************************************** Tentative for 9/29/20 is to GRANT a 45-day extension to Debtor to file his Plan and Disclosure Statement.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1606866729

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

Meeting ID: 160 686 6729

Password: 898111

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 686 6729

Password: 898111


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#18.00


CONT Hrg. on Chapter 11 Status Conference EH            

(Cont. from 9/29/20)


Docket 0


Tentative Ruling:

Tentative for 10/20/20 is to set a continued status conference date of December 15, 2020, at 1:30 p.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608613464 Meeting ID: 160 861 3464

Password: 564125

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

Ronald Ward Komers

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 861 3464


Password: 564125


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


***************************************************************************** Tentative for 9/29/20 is to set a continued status conference date of December 15, 2020, at 1:30 p.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1606866729 Meeting ID: 160 686 6729

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

Password: 898111

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 686 6729

Password: 898111


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


*********************************************************************** Tentative for 3/31/20 is to set the following dates/deadlines:


  1. September 15, 2020 - deadline to file plan and disclosure statement (as requested by Debtor in Status Report filed 3/17/20 [Dk. 23]). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.


  2. The Court notes that a bar date of May 29, 2020 has already been established [Dk. 22]. July 17, 2020 will be the deadline to object to claims.

    1:30 PM

    CONT...


    Ronald Ward Komers


    Chapter 11

  3. A continued status conference will be held on June 9, 2020 at 1:30

p.m. A status report is due 14 days in advance.


Telephonic appearances are required for the 3/31 hearing. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

Parties are reminded to have all relevant filings/information easily accessible during the 3/31 hearing.


Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#19.00


Prober & Raphel, A Law Corporation - movant attorney Motion for Relief from stay

ZB National Association vs. DEBTORS (Motion filed 9/3/20)

(Cont. from 9/29/20)


Re: 21121 Via Los Laureles, Murrieta, California 92562 EH            


(Tele. appr. Diana Torres-Brito, rep. Cenlar FSB)


Docket 110

*** VACATED *** REASON: Order Granting Motion entered on 10/13/20 (Doc. 139 - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

ZB, National Association Represented By

Diana Torres-Brito

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#20.00


Severson & Werson - movant attorney Motion for Relief from stay

Ford Motor Credit Company vs. DEBTOR (Motion filed 9/28/20)


re: 2019 & 2020 Ford vehicles EH          

Docket 163


Tentative Ruling:

Tentative for 10/20/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608613464 Meeting ID: 160 861 3464

Password: 564125

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 861 3464

Password: 564125


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#21.00


Hrg. on Trustee's Motion filed 9/29/20 for (A) Authority to sell personal property free and clear of all liens, claims or interests and (B) Approval of terms of the sales and carve-out agreement between Estate and US Metro Bank


EH            


Docket 165


Tentative Ruling:

Tentative for 10/20/20 is to APPROVE.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608613464 Meeting ID: 160 861 3464

Password: 564125


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Meeting ID: 160 861 3464

Password: 564125


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#22.00


Hrg. on Chapter 7 Trustee's Application To Employ Braun, Inc. As Broker and Auctioneer


EH         


Docket 170


Tentative Ruling:

Tentative for 10/20/20 is to APPROVE.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608613464 Meeting ID: 160 861 3464

Password: 564125


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 861 3464

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


Password: 564125


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:19-13251


David Henry Hilton, Jr.


Chapter 7

Adv#: 6:19-01110 Redd v. Hilton, Jr.


#18.00


CONT Hrg. on Plaintiff's Motion filed 7/21/20 For Summary Judgment EH            

(Cont. from 9/2/20)


Docket 38


Tentative Ruling:

Tentative for 10/21/20 is to GRANT in the amount of $37,927.18.


Plaintiff is directed to lodge two orders: (1) an order granting the motion for summary judgment, and (2) a proposed judgment.


This hearing will not be held; therefore, appearances for the 10/21 hearing are not required.

Party Information

Debtor(s):

David Henry Hilton Jr. Pro Se

Defendant(s):

David Henry Hilton Jr. Pro Se

Plaintiff(s):

LaToya S Redd Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:19-18454


Gregory Allen Paiva


Chapter 7

Adv#: 6:19-01176 Sekermestrovich v. Paiva


#19.00


PRE-TRIAL CONFERENCE re: Complaint by Dennis Sekermestrovich against Gregory Allen Paiva - §§523(a)(2), 523(a)(6)


EH            


Docket 1

*** VACATED *** REASON: Cont. to 3/2/21 @ 1:30 by order of continuance of dates in scheduling order entered on 8/28/20 (doc. 18) - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gregory Allen Paiva Represented By Christian J Albut

Defendant(s):

Gregory Allen Paiva Pro Se

Plaintiff(s):

Dennis Sekermestrovich Represented By John A Boyd

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:20-10583


Aaron Kenneth Anderson


Chapter 7

Adv#: 6:20-01046 Murray et al v. Anderson


#20.00


CONT STATUS CONFERENCE re: Complaint by Vernon E Murray, The Walnut Plaza Ltd against Aaron K Anderson - §523(a)(2)(A)


(Cont. from 7/15/20) EH            

Docket 1


Tentative Ruling:

Tentative for 10/21/20:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: March 15, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: April 16, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: May 19, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


Aaron Kenneth Anderson


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617497637 Meeting ID: 161 749 7637

Password: 984415

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 749 7637

Password: 984415


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

1:30 PM

CONT...

Debtor(s):


Aaron Kenneth Anderson


Chapter 7

Aaron Kenneth Anderson Represented By Marjorie M Johnson

Defendant(s):

Aaron K Anderson Pro Se

Joint Debtor(s):

Jane Marie Anderson Represented By Marjorie M Johnson

Plaintiff(s):

Vernon E Murray Pro Se

The Walnut Plaza Ltd Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

1:30 PM

6:20-13227


Rendal Vernell Turner, Sr.


Chapter 7

Adv#: 6:20-01133 Sarasota CCM, Inc., v. Turner, Sr.


#21.00


STATUS CONFERENCE re: Complaint by Sarasota CCM, Inc., against Rendal Vernell Turner Sr. for Dischargeability Claims - 523(a)(2)(A), false pretenses, false representation, actual fraud), 523(a)(4), fraud as fiduciary, embezzlement, larceny, 523(a)(6), willful and malicious injury


EH        


Docket 1


Tentative Ruling:

Tentative for 10/21/20:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: February 15, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: March 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: April 7, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


Rendal Vernell Turner, Sr.


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617497637 Meeting ID: 161 749 7637

Password: 984415

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 749 7637

Password: 984415


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

1:30 PM

CONT...

Debtor(s):


Rendal Vernell Turner, Sr.


Chapter 7

Rendal Vernell Turner Sr. Represented By Daniel King

Defendant(s):

Rendal Vernell Turner Sr. Pro Se

Plaintiff(s):

Sarasota CCM, Inc., Represented By Rebecca M Wicks

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#1.00


Hearing RE: Intervenors' And Trustee's Joint Motion For Terminating Sanctions (Motion filed 9/30/2020)


Docket 222

*** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 11:00 A.M. PER ORDER CONTINUING MOTION FOR TERMINATING SANCTIONS ENTERED 10/15/2020 - - (DOCKET NO. [267])

Tentative Ruling:

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian

10:00 AM

CONT...


Andrea Steinmann Downs


Annie Y Stoops


Chapter 7

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden

10:00 AM

CONT...


Andrea Steinmann Downs


Faye C Rasch Ryan W Beall


Chapter 7

10:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#2.00


Hearing RE: Motion To Strike Defendant's Answer To The Complaint And For Entry Of Default

(Motion filed 9/29/2020)


Docket 36


Tentative Ruling:

Tentative for 10/21/20 is to GRANT, and set a status conference for January 20, 2021, at 10:00 a.m. as a holding date.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Richmond Capital Group Pro Se

10:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

10:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01123 Scottsdale Insurance Company v. Castanon


#3.00


STATUS CONFERENCE Hearing RE: Complaint RE: Declaratory Relief Pursuant To 28 U.S.C. Sections 2201, 2202 And 1332

[Complaint Transferred From U.S. District Court on 7/20/2020]


Docket 1


Tentative Ruling:

Tentative for 10/21/20 is to CONTINUE to November 18, 2020, as a holding date.


Pursuant to the Court's oral ruling on September 30, 2020, this matter is to be consolidated with related adversary proceeding, Marshack v. Scottsdale Insurance Company, Adv. 8:20-ap-1104-SC. Plaintiff is directed to coordinate with interested parties and lodge an order of consolidation in this case as well as the consolidated adversary no later than October 28, 2020.


In light of the foregoing, the hearing on 10/21 is hereby vacated, and will not be held. Therefore, appearances are not required.

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Michael E Castanon Represented By Carlos A De La Paz

Plaintiff(s):

Scottsdale Insurance Company Represented By Sabrina C Haurin

10:00 AM

CONT...


Trustee(s):


Luminance Recovery Center, LLC


Valerie D Rojas Christopher B Burch


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

10:00 AM

8:18-13140


Martin Lambaren


Chapter 7

Adv#: 8:18-01214 Trinity Equipment Rentals, Inc. v. Lambaren


#4.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Determination Of Nondischargeability Of Debt

[11 U.S.C. Sections 523(a)(2), (a)(4), And (a)(6)]

(Complaint filed 12/3/2018]

[Case transferred from CB on 7/31/2020]


FR: 2-26-19; 5-28-19; 9-3-19; 11-5-19; 2-25-20; 4-28-20; 6-23-20; 7-21-20;

8-4-20; 8-19-20


Docket 1


Tentative Ruling:

Revised Tentative for 10/21/20 is to CONTINUE to November 18, 2020, at 11:00 a.m., as a holding date.


The Court has received the Stipulation filed 10/20/20 [Dk. 25], and proposed lodged order approving the stipulation. The Court instructs the Plaintiff to lodge a proposed judgment, the form of which should be approved by Debtor's counsel, and file a notice of lodgment thereof.


Appearances for the 10/21 hearing are excused.


****************************************************************************

Tentative for 8/19/20 is to CONTINUE to October 21, 2020 at 10:00 a.m. as a holding date, in light of the representations made in the Plaintiff's Update to Status Report filed 8/5/20 [Dk. 23] that the parties have reached a settlement.


Appearances for the 8/19 hearing are excused.

Party Information

Debtor(s):

Martin Lambaren Represented By

10:00 AM

CONT...


Martin Lambaren


Douglas A Crowder


Chapter 7

Defendant(s):

Martin Lambaren Represented By Douglas A Crowder

Joint Debtor(s):

Heather Stovall Represented By Douglas A Crowder

Plaintiff(s):

Trinity Equipment Rentals, Inc. Represented By Michael J Walsh

Trustee(s):

Richard A Marshack (TR) Pro Se

10:00 AM

8:19-11843


Adam Foster


Chapter 7

Adv#: 8:19-01172 Cervantes v. Foster


#5.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(5) And (a)(15) (Complaint filed 8/26/19)

(PTC set at S/C held 11/20/19)

(PTC reset per Order Entered 9-11-2020 - Docket No. [34])


FR: 11-20-19; 5-13-20; 6-24-20; 8-19-20


Docket 1


Tentative Ruling:

Tentative for 10/21/20 is to APPROVE the Pre-trial Stipulation filed 10/2/20 [Dk. 39], but strike the language regarding readiness for trial (Pg. 6, Section 8).


The parties should be prepared to file the exchanged list of witnesses no later than the day prior to the 10/21 hearing, and discuss trial scheduling.


The Court has the following dates available for a trial via Zoom: November 10, 2020, at 10:00 a.m.

November 19, 2020, at 1:00 p.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

10:00 AM

CONT...


Adam Foster


Chapter 7

Videoconference URL: https://cacb.zoomgov.com/j/1619053005 Meeting ID: 161 905 3005

Password: 894562

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 905 3005

Password: 894562


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


**************************************************************************** Tentative for 6/24/20 is to CONTINUE to August 19, 2020 at 10:00 a.m.


As of the posting of this tentative, the parties have not filed a pretrial stipulation in compliance with the requirements of LBR 7016-1(b). If the parties fail to comply with applicable rules and instructions in the future, the

10:00 AM

CONT...


Adam Foster


Chapter 7

Court may dismiss this adversary proceeding pursuant to LBR 7016-1(f). Appearances for the 6/24 hearing are excused.

****************************************************************************************

Tentative for 11/20/19:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: February 20, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: May 13, 2020 at 11:00 a.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


Note: If all parties agree with the foregoing tentative schedule, appearances are waived and Plaintiff shall lodge/serve a scheduling order within seven (7) days consistent with same.

Party Information

Debtor(s):

Adam Foster Represented By

Amanda G Billyard

Defendant(s):

Adam Thomas Foster Represented By

Richard L. Sturdevant Natali A Ron

10:00 AM

CONT...


Adam Foster


Chapter 7

Plaintiff(s):

Trina C. Cervantes Represented By Natali A Ron

Richard L. Sturdevant

Trustee(s):

Richard A Marshack (TR) Pro Se

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost


#6.00


CONT'D Hearing RE: Motion Of Foster Garvey PC For Summary Judgment Against Plaintiff's Third Cause Of Action

(Motion filed 7/14/2020)

[Adversary case transferred from CB on 7/31/2020] (Hearing continued per Order Entered 8-7-2020)


FR: 8-25-20; 9-23-20


Docket 17


Tentative Ruling:

Tentative for 10/21/20 is to GRANT.


"[T]he plain language of Rule 56(c) mandates the entry of summary judgment... against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case... In such a situation, there can be 'no genuine issue as to any material fact,' since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Celotex Corp. v. Catrett, 477 U.S. 317, 318 (1986).


After review of the supplemental declarations filed 9/24/20 [Dk. 38] and [Dk. 40], and pursuant to the discussion of the Court and parties at the prior hearing held on 9/23/20, the Court finds that Plaintiff has not met its burden to demonstrate that EA did not receive "reasonably equivalent value" for payments made to Foster Pepper. As Plaintiff has failed to make a showing sufficient to establish the existence of the foregoing requisite element, the Court is inclined to GRANT Defendant's motion for summary judgment on Plaintiff's third cause of action.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1619053005 Meeting ID: 161 905 3005

Password: 894562

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 905 3005

Password: 894562


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


*************************************************************************** Tentative for 9/23/20:


The Court has reviewed the Motion for Summary Judgment (the "MSJ"), the evidence in support of the MSJ, the Opposition and the accompanying evidence, and the Reply with its supporting evidence, and is inclined to DENY without prejudice.


There is little doubt that Defendant represented Eagan Avenatti LLP ("EA LLP") during the relevant time period. The Court records of such representation are noted and clear. Plaintiff’s assertion of an apparent absence of a written engagement agreement is of no consequence to the issue of whether Defendant represented EA LLP. Such an absence of a written engagement agreement, in matters of representation amounting to fees of over $1,000 and without prior representation between the parties, is simply a contractual defense to payment demand.


The issue for the Court in this instance is whether the payment(s) made by EA LLP to Defendant were equivalent (as equivalent as required in this case) to amounts of work performed and benefit derived in the specific matters so strenuously and affirmatively asserted by Defendant.


The Court observes that no contemporaneous billing, containing discreet legal service descriptions combined with time charges (not to be confused with invoices which cannot be determined at this time as to whether they are newly printed or otherwise created/sent contemporaneously at the time of alleged services), have been provided in support of the MSJ. The Court asks, why not? The Court further observes that no discovery deadline or motion deadline has been set in this case.


However, notwithstanding the foregoing, Plaintiff raises arguments, supported by both direct and circumstantial evidence, that provide the Court with sufficient material factual disputes to deny the MSJ. The Court anticipates that these disputes can and will be cleared up after discovery, further motion practice, or at trial.

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606102422 Meeting ID: 160 610 2422

Password: 058173

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 610 2422

Password: 058173


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio,

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Movant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#7.00


Hearing RE: Motion To Amend Complaint (Motion filed 9/16/2020)


Docket 59


Tentative Ruling:

Tentative for 10/21/20 is to GRANT.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619053005 Meeting ID: 161 905 3005

Password: 894562


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Meeting ID: 161 905 3005

Password: 894562


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#8.00


Hearing RE: Motion To Strike Plaintiff Richard A. Marshack's Liens (Motion filed 9/16/2020)


Docket 60


Tentative Ruling:

Tentative for 10/21/20 is to GRANT, noting that the motion is unopposed.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619053005 Meeting ID: 161 905 3005

Password: 894562


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 905 3005

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Password: 894562


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#8.10


CONT'D Hearing RE: Motion To Dismiss (Motion filed 7/2/2020)


FR: 8-4-20; 9-3-20; 9-10-20; 10-7-20


Docket 31


Tentative Ruling:

Tentative for 10/21/20 is to DENY, in light of the Court's tentative ruling on related matter #7.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619053005 Meeting ID: 161 905 3005

Password: 894562


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


Meeting ID: 161 905 3005

Password: 894562


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


**************************************************************************** Tentative for 10/7/20 is to CONTINUE to October 21, 2020, at 10:00 a.m., concurrent with the hearing on Plaintiff's Motion to Amend filed 9/16/20 [Dk. 59].


Appearances for the 10/7 hearing are excused.


****************************************************************************** Tentative for 9/10/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Videoconference URL: https://cacb.zoomgov.com/j/1617058753 Meeting ID: 161 705 8753

Password: 191610

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 705 8753

Password: 191610


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By

10:00 AM

CONT...


Eagan Avenatti, LLP


Kurt Ramlo Filippo Marchino


Chapter 7

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

Movant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#8.20


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Preliminary Injunction, Declaratory Judgment, And Further Relief

(Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]


FR: 8-4-20; 9-3-20; 9-10-20; 10-7-20


Docket 1


Tentative Ruling:

Tentative for 10/21/20 is to set a CONTINUED status conference on January 20, 2021, at 1:30 p.m. A joint status report is required 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619053005 Meeting ID: 161 905 3005

Password: 894562


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 905 3005

Password: 894562


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


*************************************************************************** Tentative for 10/7/20 is to CONTINUE to October 21, 2020, at 10:00 a.m. A status report is not required.


Appearances for the 10/7 hearing are excused.


**************************************************************************** Tentative for 9/10/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


Videoconference URL: https://cacb.zoomgov.com/j/1617058753 Meeting ID: 161 705 8753

Password: 191610

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 705 8753

Password: 191610


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

10:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

10:00 AM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#9.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Sections 727(a)(3) And 727(a)(4)(a) & (B) (Complaint filed 2/7/2020)

(PTC set per Order Entered 4-23-2020 - docket no. [7]) FR: 4-29-20

Docket 1

*** VACATED *** REASON: CONTINUED TO MARCH 3, 2021 AT 1:30

P.M. PER ORDER RE: PLAINTIFF MICHAEL PETERSEN'S MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY AND RELATED RELIEF (ECF [12]) ENTERED 10-19-2020 - (DOCKET NO. [29])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran

Defendant(s):

Alisandro Romero Represented By Thomas J Polis

Plaintiff(s):

Michael Petersen Pro Se

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:16-11039


Mohsen Mehrtash


Chapter 7

Adv#: 8:17-01044 Samuels et al v. Mehrtash


#10.00


CONT'D PRE-TRIAL: Complaint To Determine Non-Dischargeability Of Debt (Complaint filed 3/22/2017)

[Case transferred from CB on 7/31/2020]

(PTC set per Order Entered 8/5/2020)


FR: 6-7-17; 9-13-17; 11-29-17; 2-14-18; 5-9-18; 7-11-18; 8-29-18; 10-10-18;

12-12-18; 1-9-19; 2-27-19' 4-3-19; 5-7-19; 11-21-19; 5-22-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - PER ORDER REGARDING NOTICE OF SETTLEMENT AND VACATING HEARING DATES ENTERED 10-6-2020 - (DOCKET NO. [57])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mohsen Mehrtash Represented By Michael Jones

Defendant(s):

Mohsen Mehrtash Represented By Michael Jones

Plaintiff(s):

Sondra M Samuels Represented By Lisa A Stepanski

Sondra M Samuels Represented By Lisa A Stepanski

Trustee(s):

Jeffrey I Golden (TR) Pro Se

11:00 AM

CONT...


Mohsen Mehrtash


Chapter 7

11:00 AM

8:17-12859


Kathleen Karlage


Chapter 7


#11.00


Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 8/19/2020)


[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $1,287.60; Expenses: $330.22]


Docket 0


Tentative Ruling:

Tentative for 10/21/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Kathleen Karlage Pro Se

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


#12.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint:

  1. Violation Of Automatic Stay/Discharge Injunction;

  2. 11 USC Section 525(a) Violation (Complaint filed 6/4/2020)


FR: 9-2-20


Docket 1


Tentative Ruling:

Tentative for 10/21/20 is to CONTINUE to January 20, 2021, at 11:00 a.m. A joint status report detailing the status of all appeals is due no later than 14 days prior to the continued hearing.


Appearances for the 10/21 hearing are excused.

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Pro Se

Timothy Byer, Esq Pro Se

State Bar Of California Pro Se

Nira Woods Pro Se

Devin Lucas, Esq Pro Se

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Pro Se

11:00 AM

CONT...

Trustee(s):


Lenore LuAnn Albert-Sheridan


Chapter 7

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E de Leest

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01050 Marshack v. West Coast Business Capital LLC,


#13.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

  1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

  2. Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);

  3. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B)

  4. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

  5. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

  6. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

  7. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

  8. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

  9. Fraud;

  10. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

  11. Declaratory Relief; And

  12. Usury

(Complaint filed 3/20/19)

(First Amended Complaint filed 8/16/19) (First Amended Complaint filed 12/4/19) (PTC set at S/C held 11/6/19)


FR: 6-26-19; 8-7-19; 9-18-19; 11-6-19; 8-19-20


Docket 53

*** VACATED *** REASON: CONTINUE TO DECEMBER 16, 2020 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION TO CONTINUE AND EXTEND DATES AND DEADLINES ENTERED 5-21- 2020 - (DOCKET NO. [62])

Tentative Ruling:

- NONE LISTED -

Party Information

11:00 AM

CONT...

Debtor(s):


Luminance Recovery Center, LLC


Chapter 7

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

West Coast Business Capital LLC, Represented By

Michael W Davis

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01031 Marshack v. Sotiris, LLC


#14.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]

(Complaint filed 3/20/2020) FR: 6-10-20; 8-19-20

Docket 1


Tentative Ruling:

Tentative for 10/21/20 is to CONTINUE to December 2, 2020, at 11:00 a.m. Plaintiff is required to file a motion for default judgment no later than November 6, 2020. If a motion for default judgment is not filed, a status report detailing the Plaintiff's reasons for non-compliance with the foregoing deadline, is due 14 days in advance.


Appearances for the 10/21 hearing are excused.


***************************************************************************** Tentative for 8/19/20 is to CONTINUE to October 21, 2020 at 11:00 a.m. If a motion for default judgment is not filed, a status report is due 14 days in advance.


Appearances for the 8/19 hearing are excused.


**************************************************************************************** Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 6/10 hearing are excused.

Party Information

11:00 AM

CONT...

Debtor(s):


Luminance Recovery Center, LLC


Chapter 7

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Sotiris, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC


#15.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

  3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


    FR: 6-10-20; 8-19-20


    Docket 1


    Tentative Ruling:

    Tentative for 10/21/20 is to CONTINUE to December 2, 2020, at 11:00 a.m. Plaintiff is required to file a motion for default judgment no later than November 6, 2020. If a motion for default judgment is not filed, a status report detailing the Plaintiff's reasons for non-compliance with the foregoing deadline, is due 14 days in advance.


    Appearances for the 10/21 hearing are excused.


    ***************************************************************************** Tentative for 8/19/20 is to CONTINUE to October 21, 2020 at 11:00 a.m. If a motion for default judgment is not filed, a status report is due 14 days in advance.


    Appearances for the 8/19 hearing are excused.


    **************************************************************************************** Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance.


    Appearances for the 6/10 hearing are excused.

    11:00 AM

    CONT...


    Debtor(s):


    Luminance Recovery Center, LLC

    Party Information


    Chapter 7

    Luminance Recovery Center, LLC Represented By

    Jeffrey I Golden Beth Gaschen

    Defendant(s):

    Exclusive Fitness, LLC Pro Se

    Plaintiff(s):

    Richard A. Marshack Represented By Judith E Marshack

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

    Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch

    11:00 AM

    8:19-10661


    Huy Quang Dao


    Chapter 7

    Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al


    #16.00


    CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Seeking Damages In Core Adversary Proceedings

    (Complaint filed 6/10/19) (PTC set at S/C held 9/4/19)


    FR: 9-4-19; 5-13-20; 9-16-20; 9-23-20


    Docket 1


    Tentative Ruling:

    Tentative for 10/21/20 is to APPROVE the pre-trial stipulation filed 10/7/20 [Dk. 42] and discuss trial scheduling.


    The Court has the following dates available for trial:

    May 10, 2021

    May 24, 2021


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1615518248 Meeting ID: 161 551 8248

    Password: 465851

    11:00 AM

    CONT...


    Huy Quang Dao


    Chapter 7

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 551 8248

    Password: 465851


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


    ***************************************************************************** Tentative for 9/23/20:


    Virtual appearances are required. The pretrial stipulation is unacceptable and is DENIED for the following reasons:


    1. The pretrial stipulation does not contain a joint exhibit list or witness list as required by LBR 7016-1(b)(D)-(E) and was filed late. It was filed on 9/16/20 [Dk. 40]; however, it was due on 9/9/20.


    2. The pretrial stipulation at §5, pg. 6:6-7, states that Defendant Kellie Ho Ta intends to file a motion to dismiss. The Court will not entertain a motion to dismiss as the deadline of 8/3/20 to file non-discovery motions has passed.

      11:00 AM

      CONT...


      Huy Quang Dao


      Chapter 7

      (See, Order Approving Stipulation to Extend Discovery Motions Deadline and Continue Pretrial Conference entered 1/20/20 [Dk. 30]).


    3. The final bullet point contained in § 2, Issues of Fact, pg 5:12, does not contain a complete citation and reads: "Is Plaintiff entitled to seek damages under 11 U.S.C. § (a)(2)(b)."


The Court will sanction each party $250.00, payable to the Court, for the failure to adhere to applicable rules and procedures. The parties have been previously warned to comply with all applicable rules and procedures. (See, Scheduling Order entered 9/4/19 [Dk. 9]). These payments shall be made by September 30, 2020.


The Court will also set a continued pretrial conference hearing on October 21, 2020, at 11:00 a.m., The parties shall cooperate and work together to prepare and file with the Court an acceptable proposed joint pretrial stipulation which complies with all applicable rules by no later than October 7, 2020.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

Password: 875724

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

11:00 AM

CONT...

Huy Quang Dao

Chapter 7

conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 787 0380


Password: 875724


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


************************************************************************** Tentative for 09/04/19:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: 02/17/2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: 04/03/2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: 05/13/2020 at 11:00 a.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of

11:00 AM

CONT...


Huy Quang Dao


Chapter 7

the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

Party Information

Debtor(s):

Huy Quang Dao Represented By Denise Ho

Defendant(s):

Huy Quang Dao Represented By Denise Ho

Kellie Ho Ta Represented By

Denise Ho

Joint Debtor(s):

Kellie Ho Ta Represented By

Denise Ho

Plaintiff(s):

Ho Jung Kim DDS, Inc. Represented By Michael E Sayer

Trustee(s):

Weneta M Kosmala (TR) Pro Se

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#17.00


CONT'D Hearing RE: Motion For Approval Of Compromise With Robert Stoll Jr.

And Stoll Nussbaum & Polakov, APC (Motion filed 8/4/2020)


FR: 9-23-20


Docket 187


Tentative Ruling:

Tentative for 10/21/20:


Parties should be prepared to address the arguments raised by Defendant's sur-reply filed 10/14/20 [Dk. 210], especially regarding the extent to which the proposed settlement will dispose of the estate's obligations to participate in the Stoll litigation.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615518248 Meeting ID: 161 551 8248

Password: 465851


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 551 8248

Password: 465851


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


**************************************************************************** Tentative for 9/23/20 is to APPROVE the compromise.


A four-factor inquiry determines the "fairness, reasonableness, and adequacy" of the compromise: (1) the moving party’s probability of success in the litigation; (2) the difficulties, if any, of collection; (3) the complexity of the litigation involved, and the expense, inconvenience, and delay necessarily attending it; and (4) the paramount interest of the creditors and a proper deference to their reasonable views in the premises. In re A & C Properties, 784 F.2d 1377, 1381 (9th Cir. 1986).


The Court is inclined to determine that the factors weigh in favor of approval, primarily due to the evidence provided by Movant which demonstrates: (1) Trustee's key witness has been unable to provide sufficient admissible

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

evidence to support the litigation, (2) the litigation pertains to a highly contentious matters, spanning a substantial length of time, and (3) that avoiding the accrual of substantial administrative expenses is in the best interest of the Estate.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617870380 Meeting ID: 161 787 0380

Password: 875724

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 787 0380

Password: 875724

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the

11:00 AM

CONT...

Eagan Avenatti, LLP

Chapter 7

videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#1.00


CONT'D Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral And Turnover Of Estate Property

(Motion filed 9/22/2020) FR: 9-23-20

Docket 15


Tentative Ruling:

Tentative for 10/22/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608118506 Meeting ID: 160 811 8506

Password: 894560


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 160 811 8506

Password: 894560


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************** Tentative for 9/23/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1619310781 Meeting ID: 161 931 0781

Password: 809752

If a participant is unable to send and receive audio through his/her computer,

11:00 AM

CONT...

Golden Hotel LLC

Chapter 11

or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 931 0781


Password: 809752


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

11:00 AM

8:20-12636


Golden Hotel LLC and Golden Capital Venture LLC


Chapter 11


#1.10


Hearing RE: Motion For Order Authorizing Debtor To Obtain Unsecured Line Of Credit Pursuant To 11 U.S.C. Section 364(b)

(Motion filed 10/9/2020) (OST signed 10/9/2020)


Docket 62


Tentative Ruling:

Tentative for 10/22/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608118506 Meeting ID: 160 811 8506

Password: 894560


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 811 8506

11:00 AM

CONT...


Golden Hotel LLC and Golden Capital Venture LLC


Chapter 11


Password: 894560


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC


#2.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:

  1. To Disallow Proof Of Claim;

  2. To Avoid Incurrence Of Debt;

  3. For Contractual Indemnity; And

  4. Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)


FR: 4-4-19; 9-19-19; 12-19-19; 3-5-20; 5-28-20; 7-2-20; 8-20-20


Docket 1

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION REGARDING FURTHER CONTINUANCE OF DISCOVERY CUTOFF DATE AND PRE- TRIAL CONFERENCE ENTERED 10-8-2020 - (DOCKET NO. [58])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps

11:00 AM

CONT...


WJA Asset Management LLC


Timothy W Evanston


Chapter 11

Defendant(s):

Luxury Asset Lending, LLC Represented By Richard Bunt

David Moore Pro Se

Jackman Industries, Inc. Represented By Thomas M Monson

Plaintiff(s):

Luxury Asset Purchasing Represented By Kyra E Andrassy

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al


#3.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Breach Of Guaranty Contracts;

  2. Breach Of Lease Agreement;

  3. Breach Of Security Instrument (Complaint filed 5/17/19)


    FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20; 7-16-20; 8-20-20


    Docket 1


    Tentative Ruling:

    Tentative for 10/22/20 is to CONTINUE to December 17, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    Appearances for the 10/22 hearing are excused.


    ****************************************************************************

    Tentative for 8/20/20 is to CONTINUE to October 22, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    Appearances for the 8/20 hearing are excused.


    ********************************************************************************** Tentative for 7/16/20 is to CONTINUE to August 20, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    Appearances for the 7/16 hearing are excused.


    ***************************************************************************************

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11

    Tentative for 4/9/20 is to CONTINUE to July 16, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    Plaintiff is required to submit its motion seeking approval of the settlement by no later than May 15, 2020.


    Appearances for the 4/9 hearing are excused.


    ************************************************************************************* Tentative for 1/23/20:

    The Court has received and reviewed the status report filed 1/15/20 [Dk. 28] and will CONTINUE this status conference to April 9, 2020 at 11:00 a.m. A status report (whether joint or unilateral) for the April 9, 2020 hearing is due 14 days prior.


    The Court notes that settlement discussions were also referenced in a previous status report filed on 10/31/19 [Dk. 26]. Absent a showing of significant forward progress in the next status report, the Court will issue a scheduling order at the next status conference.


    Further, pursuant to the 11/7/19 tentative (set forth below), Plaintiff was instructed to file a status report 14 days in advance of this hearing (by 11/9/20). Plaintiff did not comply with this directive. Plaintiff also failed to timely file a status report for the 11/7/19 status conference, as directed by the 8/08/19 tentative (also set forth below). The Court will excuse the noncompliance in this instance; however, in light of the repeat violations, Plaintiff is cautioned that it may be subject to sanctions for future violations.


    Appearances are excused.


    *************************************************************************** Tentative for 11/07/19:

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11

    The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.


    The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.


    Appearances are excused.


    ************************************************************************************** Tentative for 8/08/19:


    This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.


    Appearances are excused.


    Debtor(s):


    Party Information

    WJA Asset Management LLC Represented By

    Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

    Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

    Defendant(s):

    Suneet Singal Pro Se

    First Capital Real Estate Pro Se

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11

    Stephen Howell Pro Se

    Central Valley Gas Stations Atwater Pro Se

    Plaintiff(s):

    TD REO Fund, LLC Represented By Michael W Davis Corey R Weber

    TD Opportunity Fund, LLC Represented By Michael W Davis Corey R Weber

    11:00 AM

    8:17-14386


    Rodney Glen Bassett


    Chapter 11


    #4.00


    CONT'D Hearing RE: Post-Confirmation Status Conference (Petition filed 11/6/2017)

    [Case transferred from CB on 7/31/2020]


    FR: 11-14-17; 1-24-18; 4-25-18; 7-25-18; 9-26-18; 12-12-18; 4-24-19; 10-23-19;

    11-27-19; 1-22-20; 7-22-20; 9-23-20; 9-24-20


    Docket 1


    Tentative Ruling:

    Tentative for 10/22/20:


    Virtual appearances are required.


    As of the posting of this tentative, no status report has been filed as required by this Court's Order issued September 17, 2020 [Dk. 124]. Pursuant to LBR 3020-1(c), the failure to timely file a post-confirmation status report is cause for dismissal or conversion to a case under Chapter 7 pursuant to 11 U.S.C. Section 1112(b).


    Accordingly, the Court will (1) set a continued status conference date of December 17, 2020, at 11:00 a.m. and, (2) issue an order directing Debtor to appear on December 17, 2020 at 11:00 a.m. to show cause why this case should not be dismissed or converted. A response, which may be included in the status report, is due no later than 14 days prior to the December 17, 2020 hearing.


    The failure to appear at the December 17, 2020 hearing may result in the dismissal or conversion of the case.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

    11:00 AM

    CONT...


    Rodney Glen Bassett


    Chapter 11


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1608118506 Meeting ID: 160 811 8506

    Password: 894560

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 811 8506

    Password: 894560


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Rodney Glen Bassett


    Chapter 11

    Rodney Glen Bassett Represented By Michael R Totaro

    Movant(s):

    Rodney Glen Bassett Represented By Michael R Totaro Michael R Totaro

    11:00 AM

    8:19-13728


    Thompson National Properties, LLC


    Chapter 11


    #5.00


    CONT'D Hearing RE: Debtor's Motion For Disallowing Claim: (Motion filed 2/4/2020)


    Claim Number: 48-1 Lorelei Mooney, $111,000.00

    Herbert and Helen Schweiger Trust, a Trust

    ARI-DFW East & West 9, L.P., a Delaware Limited Partnership

    Gary Lamm, James Mieul


    FR: 3-5-20; 4-9-20; 6-25-20; 8-20-20


    Docket 76

    *** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL DEBTOR'S MOITION FOR ORDER DISALLOWING CLAIM 48-1 FILED 10-8-2020 - (DOCKET NO. [308])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Thompson National Properties, LLC Represented By

    Leonard M Shulman

    Movant(s):

    Thompson National Properties, LLC Represented By

    Leonard M Shulman Leonard M Shulman

    11:00 AM

    8:20-10754


    Gary Song Jiunn Mor


    Chapter 11


    #6.00


    CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

    (Petition filed 3/2/2020) FR: 5-7-20

    Docket 13


    Tentative Ruling:

    Tentative for 10/22/20 is to CONTINUE to November 5, 2020, at 11:00 a.m., to be heard concurrently with the hearing on the approval of Debtor's disclosure statement filed September 15, 2020 [Dk. 62]. A status report is not required.


    Appearances for the 10/22 hearing are excused.


    **************************************************************************** Tentative for 5/7/20:


    The Court is inclined to set the following dates/deadlines:


    1. Deadline for filing a plan and disclosure Statement: September 30, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


    2. Deadline to object to claims: August 7, 2020.


    3. Continued status conference: October 22, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Debtor is to lodge an order within seven days.


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the

11:00 AM

CONT...


Gary Song Jiunn Mor


Chapter 11

courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


Party Information

Debtor(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11

Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al


#7.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Conversion;

  2. Breach Of Contract;

  3. Recovery Of Bailed Property

    [Civil Code Sections 3379-3380; Code Civ. Proc Section 667]

  4. Breach Of Fiduciary Duty;

  5. Unfair And Unlawful Business Practices [Bus. and Prof. Code Section 17200 et seq.] (Notice of Removal filed 8/26/2020)


Docket 1


Tentative Ruling:

Tentative for 10/22/20:


In light of the tentative on related calendar matter #8, this status conference will be taken off calendar.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608118506 Meeting ID: 160 811 8506

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 11

Password: 894560

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 811 8506

Password: 894560


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Defendant(s):

Beth Kiladjian Represented By Robert P Goe

Vasken Kiladjian Pro Se

Vasken Kiladjian Pro Se

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 11

Beth Kiladjian Represented By Robert P Goe

Plaintiff(s):

French Design Jewelry, Inc. Pro Se

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11

Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al


#8.00


Hearing RE: Motion For (1) Order Remanding Adversary Proceeding To State Court, And (2) Payment Of $3,450.00 By Beth Kiladjian For Fees And Costs Incurred By Removal

(Motion filed 9/23/2020)


Docket 13


Tentative Ruling:

Tentative for 10/22/20:


Movant seeks to remand a state court action removed by Debtor's non-filing spouse, Ms. Kiladjian, in which Debtor, Ms. Kiladjian, and their business are named defendants. Pre-petition, Movant obtained a stipulated judgment against Debtor and the business and now seeks to proceed only against Ms. Kiladjian.


"[T]he factors a court should consider in deciding whether to remand are: (1) the effect of the action on the administration of the bankruptcy estate; (2) the extent to which the issues of state law predominate; (3) the difficulty of applicable state law; (4) comity; (5) the relatedness or remoteness of the action to the bankruptcy case; (6) the existence of a right to jury trial; and (7) prejudice to the party involuntarily removed from state court." Williams v. Shell Oil Co., 169 B.R. 684, 692–93 (S.D. Cal. 1994).


The balance of the foregoing factors weigh in favor of remanding this case back to state court, especially given the fact that the stipulated judgment between Debtor and Plaintiff was approved by the State Court, state law issues predominate the case, and Defendant is not a debtor before this Court. This resolution also eliminates the appearance of forum shopping and prevents any type of collateral attack on the judgment.


Finally, the Court is not inclined to award the requested sanctions as the removal was not improper and the determination of whether to award

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 11

sanctions is within its discretion.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608118506 Meeting ID: 160 811 8506

Password: 894560

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 811 8506

Password: 894560


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 11

https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Defendant(s):

Beth Kiladjian Represented By Robert P Goe

Vasken Kiladjian Represented By Kelly H. Zinser

Vasken Kiladjian Pro Se

Beth Kiladjian Represented By Robert P Goe

Plaintiff(s):

French Design Jewelry, Inc. Represented By Carley G Mak Carley Lee

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:17-10929


Lindley Fire Protection Co., Inc.


Chapter 11


#9.00


CONT'D Hearing RE: Scheduling And Case Management Conference

[Case transferred from CB on 7/31/2020]


FR: 4-5-17; 5-4-17; 7-26-17; 9-13-17; 9-26-27; 10-4-17; 10-12-17; 10-25-17;

12-6-17; 3-28-18; 4-25-18; 6-6-18; 12-12-18; 3-2719; 5-8-19; 7-24-19; 9-25-19

10-9-19; 11-16-19; 11-13-19; 11-27-19; 12-18-19; 3-4-20; 5-27-20; 7-1-20;

7-29-20; 8-20-20


Docket 5


Tentative Ruling:

Tentative for 10/22/20:


In light of the Court's tentative on related matter #10, this status conference will be taken off calendar.


Appearances for the 10/22 hearing are excused.


****************************************************************************** Tentative for 8/20/20:


Please refer to the Court's tentative on related matter #5.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1614530813

11:00 AM

CONT...


Lindley Fire Protection Co., Inc.


Chapter 11


Meeting ID: 161 453 0813

Password: 536933

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 453 0813

Password: 536933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee James C Bastian Jr

11:00 AM

CONT...


Lindley Fire Protection Co., Inc.


Chapter 11

11:00 AM

8:17-10929


Lindley Fire Protection Co., Inc.


Chapter 11


#10.00


Hearing RE: Joint Motion For Approval Of Assignment For The Benefit Of Creditors And To Dismiss Case

(Motion filed 10/1/2020)


Docket 477

*** VACATED *** REASON: OFF CALENDAR - PER ORDER APPROVING STIPULATION BETWEEN UNITED STATES AND DEBTOR REGARDING MOTION ENTERED 10-20-2020 - (DOCKET NO. [490])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee James C Bastian Jr

11:00 AM

8:17-10929


Lindley Fire Protection Co., Inc.


Chapter 11


#11.00


Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From June 6, 2017 Through October 1, 2020

(Application filed 10/1/2020)


[RE: SHULMAN BASTIAN FRIEDMAN & BUI LLP - Special Counsel for Debtor and Debtor-In-Possession]

[Fees: $8,081.50; Expenses: $227.77]


Docket 473


Tentative Ruling:

Tentative for 10/22/20 is to APPROVE, provided that a client declaration in support of the application is filed.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee James C Bastian Jr

11:00 AM

8:17-10929


Lindley Fire Protection Co., Inc.


Chapter 11


#12.00


Hearing RE: First And Final Application For Compensation And Reimbursement Of Expenses For The Period From March 12, 2017 Through September 30, 2020

(Application filed 10/1/2020)


[RE: GOE FORSYTHE & HODGES, LLP- Attorneys for Debtor and Debtor- In- Possession]

[RE: Fees: $320,566.50; Expenses: $3,854.21]


Docket 475


Tentative Ruling:

Tentative for 10/22/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee James C Bastian Jr

11:00 AM

8:17-10929


Lindley Fire Protection Co., Inc.


Chapter 11


#13.00


Hearing RE: First And Final Application For Allowance Of Fees And Costs For Allowance Of Fees And Costs For The Period From March 30, 2017 Through October 1, 2020

(Application filed 10/1/2020)


[RE: MARSHACK HAYS LLP - Attorneys for Official Committee of Unsecured Creditors]

[Fees: $142,253.00; Expenses: $1,908.73]


[Additional Fees and Expenses Not To Exceed: $9,000.00]

(To Be Incurred From Date Of Filing This Application Through Dismissal Of Case ]


Docket 478


Tentative Ruling:

Tentative for 10/22/20 is to APPROVE, provided that a client declaration in support of the application is filed.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608118506 Meeting ID: 160 811 8506

Password: 894560

11:00 AM

CONT...


Lindley Fire Protection Co., Inc.


Chapter 11


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 811 8506

Password: 894560


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee James C Bastian Jr

10:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#1.00


Hearing RE: Trustee's Motion For Authority To Sell Substantially All Assets Of All Estates And To Extend Use Of Cash Collateral

(Motion filed 10//9/2020)


Docket 886


Tentative Ruling:

Tentative for 10/30/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617093393 Meeting ID: 161 709 3393

Password: 364972


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 709 3393

10:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7


Password: 364972


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

10:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 11


#2.00


Hearing RE: Motion For Order Approving Stipulation By And Between (A) The Chapter 11 Trustee, Peter J. Mastan, And (B) Pacific Premier Bank, Formerly Known As Opus Bank, Settling Surcharge Claim

(Motion filed 10/9/2020)


Docket 478


Tentative Ruling:

Tentative for 10/30/20 is to APPROVE.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617093393 Meeting ID: 161 709 3393

Password: 364972


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 709 3393

10:00 AM

CONT...


Ruby's Franchise Systems, Inc., a California


Chapter 11


Password: 364972


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

Eric J Fromme Christopher J Harney

Movant(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

10:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 11


#3.00


Hearing RE: Motion For Order Approving (A) A Sale Of Certain Property Free And Clear Of All Liens, Claims, Encumbrances, And Other Interests And (B) Approving Assumption And Assigment Of Certain Executory Contracts, Unexpired Leases, And Other Agreements.

(Motion filed 10/9/2020)


Docket 476


Tentative Ruling:

Tentative for 10/30/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617093393 Meeting ID: 161 709 3393

Password: 364972


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Ruby's Franchise Systems, Inc., a California


Chapter 11

Meeting ID: 161 709 3393

Password: 364972


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

Eric J Fromme Christopher J Harney

Movant(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

10:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 11


#4.00


CONT'D Hearing RE: Chapter 11 Status Conference (S/C set per Order Entered 8/7/2020)

[Case transferred from CB on 7/31/2020]


FR: 10-1-20


Docket 0


Tentative Ruling:

Tentative for 10/30/20 is to set a CONTINUED status conference date of February 18, at 11:00 a.m. A status report is due 14 days in advance of the continued status conference.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617093393 Meeting ID: 161 709 3393

Password: 364972

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

10:00 AM

CONT...

Ruby's Franchise Systems, Inc., a California

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 709 3393


Password: 364972


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************** Tentative for 10/1/20:


The Court has reviewed the entire docket, and noting the Withdrawal of Third Amended D.S. and Plan filed 6/25/19 [Dk. 411], would like hear from the Ch. 11 Trustee regarding whether the Court should set a deadline for the filing of a new plan.


The Court is inclined to set a continued status conference for February 4, 2021, at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

10:00 AM

CONT...


Ruby's Franchise Systems, Inc., a California


Chapter 11

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606785168 Meeting ID: 160 678 5168

Password: 700344

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 678 5168

Password: 700344


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

10:00 AM

CONT...

Debtor(s):


Ruby's Franchise Systems, Inc., a California


Chapter 11

Ruby's Franchise Systems, Inc., a Represented By

Eric J Fromme Christopher J Harney

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino

10:00 AM

6:20-15878


Arnel Arcilla and Sarah Marie Arcilla


Chapter 7


#1.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

ACAR Leasing LTD vs. DEBTORS, Charles W. Daff, Trustee (Motion filed 10/7/20)


Re: 2018 Chevrolet Volt, VIN: 1G1RC6S55JU129042


Docket 13


Tentative Ruling:

Tentative for 11/3/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Arnel Arcilla Represented By

Gregory M Shanfeld

Joint Debtor(s):

10:00 AM

CONT...


Arnel Arcilla and Sarah Marie Arcilla


Chapter 7

Sarah Marie Arcilla Represented By Gregory M Shanfeld

Trustee(s):

Charles W Daff (TR) Pro Se

10:00 AM

6:20-16197


Christian Sheena Bowden


Chapter 7


#2.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Santander Consumer USA, Inc. vs. DEBTOR, Lynda Bui, trustee (Motion filed 10/9/20)


Re: 2012 Toyota Camry, VIN: 4T1BF1FK3CU158394


Docket 8


Tentative Ruling:

Tentative for 11/3/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Christian Sheena Bowden Represented By Paul Y Lee

10:00 AM

CONT...

Trustee(s):


Christian Sheena Bowden


Chapter 7

Lynda T. Bui (TR) Pro Se

10:00 AM

6:20-16786


Paul Douglas Jones


Chapter 7


#2.10


Law Offices of William E. Windham - movant attorney Motion for Relief from Stay

Noel Wilson vs. DEBTOR (Motion filed 10/15/20)


Re: 6435 N. Beechwood Ave, Rialto 92376 EH            

Docket 7


Tentative Ruling:

Tentative for 11/3/20:


This matter is CONTINUED to December 1, 2020, at 10:00 a.m.


Movant filed this matter on shortened time without a Court order as required by the Court's published procedures. Further, even if this matter could be heard on shortened time, the notice advises that a written response must by filed and served by no later than November 3, 2020, at 10:00 a.m., which is not a requirement found in this Court's published procedures.


Movant is to serve a notice of continuance by no later than November 6, 2020, which advises Debtor that a response is due by no later than November 17, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

10:00 AM

CONT...

Debtor(s):


Paul Douglas Jones


Chapter 7

Paul Douglas Jones Represented By Paul Y Lee

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:20-14683


Bulldog Coatings LLC


Chapter 7


#2.20


Barbara R. Gross, attorney at Law - movant attorney CONT Motion for Relief from Stay

U.S. Bank National Association dba U.S. Bank Equipment Finance (Motion filed 9/17/20)


(From 10/20/20)


Re: Pulse Jet Dust Collector, Premium New York Blower, and Concrete 3000 psi 1" Rock


EH            


Docket 20


Tentative Ruling:

Revised tentative for 11/3/20:


Having reviewed the Declaration filed 10/30/20 [Dk. 35], the Court hereby GRANTS pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


Movant to lodge an order within seven (7) days.


***************************************************************************

Tentative for 11/3/20 is to CONTINUE to December 1, 2020, at 10:00 a.m. to allow Movant to effectuate proper service upon Debtor.

10:00 AM

CONT...


Bulldog Coatings LLC


Chapter 7

This matter was previously continued to allow Movant to serve Debtor pursuant to FRBP 7004(b)(3). While Movant filed a Notice of Continuance and Supplemental Proof of Service on 10/16/20 [Dks. 32 & 33] which was properly served to the officer of Debtor, such notice did not contain a copy of the motion or provide required details, including opposition deadlines.


Movant is to file an amended Notice of Continuance and Supplemental Proof of Service by no later than November 6, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*****************************************************************************

Tentative for 10/20/20 is to CONTINUE to November 3, 2020, at 10:00 a.m. to allow Movant to effectuate proper service upon Debtor.


Debtor was not served pursuant to FRBP 7004. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than October 16, 2020.


Appearances for the 10/20 hearing are excused.

Party Information

Debtor(s):

Bulldog Coatings LLC Represented By Julie J Villalobos

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:11-20421


Charles A Tumbrello and Monika C Tumbrello


Chapter 7


#3.00


Hrg. on chapter 7 trustee's Motion filed 9/25/20 Objecting to Claim Number 17 by Claimant TSC Accounts Receivable, in the amount of $695.91


EH            


Docket 174


Tentative Ruling:

Tentative for 11/3/20 is to CONTINUE to December 15, 2020, at 11:00 a.m. to allow Movant to effectuate proper service on the Claimant.


Claimant was not properly served. LBR 3007-1(b)(2) requires claim objections to be served pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than November 13, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Charles A Tumbrello Pro Se

Joint Debtor(s):

Monika C Tumbrello Pro Se

Movant(s):

Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk

11:00 AM

CONT...


Trustee(s):


Charles A Tumbrello and Monika C Tumbrello

Matthew J Eandi


Chapter 7

Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

11:00 AM

6:11-20421


Charles A Tumbrello and Monika C Tumbrello


Chapter 7


#4.00


Hrg. on Chapter 7 Trustee's Motion filed 9/25/20 Objecting to Claim Number 3 by Claimant Temecula Chiropractic, in the amount of $1045.00 and claim #4 by Midland Credit Management, Inc. in the amount of $966.44


EH            


Docket 175


Tentative Ruling:

Tentative for 11/3/20 is to CONTINUE to December 15, 2020, at 11:00 a.m. to allow Movant to effectuate proper service on the Claimant.


Claimant was not properly served. LBR 3007-1(b)(2) requires claim objections to be served pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than November 13, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Charles A Tumbrello Pro Se

Joint Debtor(s):

Monika C Tumbrello Pro Se

Movant(s):

Howard B Grobstein (TR) Represented By

11:00 AM

CONT...


Trustee(s):


Charles A Tumbrello and Monika C Tumbrello

Byron Z Moldo John W Shenk Matthew J Eandi


Chapter 7

Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

11:00 AM

6:18-20287


Charles Braden


Chapter 7


#5.00 Hrg re Status Conference on Debtor's Compliance with Order and Whether an Order to Show Cause re Civil Contempt should be entered for the Debtor's Failure to Comply


(Cont. from 9/1/20)


EH            


Docket 0

*** VACATED *** REASON: Order Approving stipulation between chapter 7 trustee and debtor to resolve turnover of unscheduled Ameritrade account funds entered 9/9/20 (doc. 61 ) - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Braden Represented By Natalie A Alvarado

Trustee(s):

John P Pringle (TR) Represented By Brandon J Iskander Melissa Davis Lowe

11:00 AM

6:18-20527


George Lee Carpenter


Chapter 7


#6.00


Hrg. on trustee's final report; applications for compensation EH     

[Lynda Bui, chapter 7 trustee] [Fees; $9996.12; Expenses; $557.70]


[LEA Accountancy; accountant for trustee] [Fees; $4144.50]


Docket 48


Tentative Ruling:

Tentative for 11/3/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

George Lee Carpenter Represented By Todd L Turoci

11:00 AM

CONT...

Trustee(s):


George Lee Carpenter


Chapter 7

Lynda T. Bui (TR) Represented By Christa Ramey

11:00 AM

6:19-18844


Deward Childs, III and Lameka Shannet Childs


Chapter 7


#7.00


Hrg. on Trustee's Final Report and Applications for Compensation EH            

[Re: Larry D. Simons, chapter 7 trustee] [Fees; $1551.43; Expenses $81.60]


Docket 0


Tentative Ruling:

Tentative for 11/3/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.


Party Information

Debtor(s):

Deward Childs III Represented By Todd L Turoci

Joint Debtor(s):

Lameka Shannet Childs Represented By Todd L Turoci

11:00 AM

CONT...

Trustee(s):


Deward Childs, III and Lameka Shannet Childs


Chapter 7

Larry D Simons (TR) Pro Se

11:00 AM

6:19-19750


Delta Hospice of California Inc


Chapter 7


#8.00


CONT Hrg. on Motion filed 9/14/20 to Compel the Debtor to Appear for Its Meeting of Creditors and to Produce Documents Requested by Trustee pursuant to 11 U.S.C. §§341(a) 521 and 542


(Cont. from 10/6/20 EH            

Docket 90


Tentative Ruling:

Tentative for 11/3/20 is to CONTINUE to December 1, 2020, at 11:00 a.m., to allow Trustee to effectuate proper service on Debtor.


This matter was previously continued from October 6, 2020, as service of the motion was not directed to an officer of Debtor. While, in response to the below tentative, Movant filed a supplemental proof of service on October 2, 2020 [Dk. 93], which indicates that it was served via mail to Debtor's address, and directed to an officer of Debtor; it reflected the prior hearing date of October 6, 2020 and not the continued hearing date of November 2, 2020.


A third supplemental proof of service must be filed by no later than November 6, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


***************************************************************************** Tentative for 10/6/20 is to CONTINUE to November 3, 2020, at 11:00 a.m., to allow Trustee to effectuate service on Debtor in the manner described below.


The proof of service attached to Trustee's motion indicates that it was served via mail to Debtor's address, but was not directed to the attention of an officer or agent for service of process, which is what the Court requires.

11:00 AM

CONT...


Delta Hospice of California Inc


Chapter 7


A Supplemental Proof of Service must be filed, reflecting service in the manner required above, by no later than October 9, 2020.


Appearances for the 10/6 hearing are excused.

Party Information

Debtor(s):

Delta Hospice of California Inc Pro Se

Movant(s):

Todd A. Frealy (TR) Represented By Carmela Pagay

Trustee(s):

Todd A. Frealy (TR) Represented By Carmela Pagay

11:00 AM

6:19-20521


Sean Randall Ehart and Kristi Ann Ehart


Chapter 7


#9.00


CONT Hrg. on Chapter 7 Trustee's Motion filed 8/3/20 Objecting to Claim #38 filed by Prosper Marketplace, Inc.


(Cont. from 9/22/20)


Docket 35

*** VACATED *** REASON: NOTICE OF WITHDRAWAL BY TRUSTEE FILED 10/20/20 (DOC. 47)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sean Randall Ehart Represented By Todd L Turoci

Joint Debtor(s):

Kristi Ann Ehart Represented By Todd L Turoci

Movant(s):

Robert Whitmore (TR) Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-14340


Naghmeh Zand


Chapter 7


#10.00


Hrg. on Debtor's Motion filed 9/29/20 for redemption under 11 U.S.C. Section 722


EH            


Docket 12


Tentative Ruling:

Tentative for 11/3/20 is to CONTINUE to December 15, 2020, at 11:00 a.m., to allow the Debtor to properly effectuate service on Mercedes Benz Financial Services ("Lienholder").


Lienholder was not served pursuant to FRBP 7004. The advisory committee notes to FRBP 6008 state that a proceeding under 11 U.S.C. Section 722 “is governed by Rule 9014." FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than November 6, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Naghmeh Zand Represented By

Ethan Kiwhan Chin

11:00 AM

CONT...

Movant(s):


Naghmeh Zand


Chapter 7

Naghmeh Zand Represented By

Ethan Kiwhan Chin

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-15322


Jesus Jimenez Rivera


Chapter 7


#11.00


Hrg. on Chapter 7 trustee's Motion filed 10/5/20 to Extend Time for Chapter 7 Trustee to Object to Debtor's Exemptions


EH            


Docket 9


Tentative Ruling:

Tentative for 11/3/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Jesus Jimenez Rivera Represented By Jaime A Cuevas Jr.

Movant(s):

Larry D Simons (TR) Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:12-28006


City of San Bernardino, California


Chapter 9


#12.00


Hrg. on Debtor's Motion filed 10/13/20 by City of San Bernardino for a Seventh Order Extending the Deadline to File Motions to Make Additions to the Schedule of Contracts and Leases to be Assumed


EH            


Docket 2959


Tentative Ruling:

Tentative for 11/3/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

City of San Bernardino, California Represented By

Paul R. Glassman Fred Neufeld Laura L Buchanan

1:30 PM

6:12-28006


City of San Bernardino, California


Chapter 9


#13.00


Hrg. on City of San Bernardino for a Seventh Order Extending the Deadlines to:

(I) File and Serve Objections to Claims; and (II) Provide ADR Notices to Claimants


EH     


Docket 2957


Tentative Ruling:

Tentative for 11/3/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

City of San Bernardino, California Represented By

Paul R. Glassman Fred Neufeld Laura L Buchanan

1:30 PM

6:12-28006


City of San Bernardino, California


Chapter 9

Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


#14.00


CONT Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings


(Cont. from 9/22/20)


EH            


Docket 0

*** VACATED *** REASON: CONTINUED TO 12/15/20 @ 1:30 P.M. BY ORDER ENTERED ON 10/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

City of San Bernardino, California Represented By

Paul R. Glassman Fred Neufeld Laura L Buchanan

Defendant(s):

City of San Bernardino Represented By Paul R. Glassman

Plaintiff(s):

PLACO SAN BERNARDINO, Represented By Raymond B Kim

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#15.00


CONT Hrg. on Objection filed 8/21/20 to Claim Number 10 by Claimant Ryan Greer, in the amount of $5000.00


(Cont. from 9/22/20) EH            

Docket 322


Tentative Ruling:

Tentative for 11/3/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.


***************************************************************************** Tentative for 9/22/20 is to CONTINUE to November 3, 2020, at 1:30 p.m., to allow Movant to effectuate proper service of the claim objection on the claimant, unless Movant files an amended proof of service by no later than September 21, 2020, at 12:00 p.m.


FRBP 3007(a)(2)(A) requires that the objection and notice be served on a claimant. The proof of service which accompanies the claim objection does not indicate that Clamaint, Ryan Greer, was served.

1:30 PM

CONT...


O'Linn Security Incorporated


Chapter 11


Appearances for the 9/22 hearing are excused.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

Movant(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#16.00


Musick, Peeler & Garrett, LLP - movant attorney Evidentiary hearing on Motion for Relief from Stay Luther Burbank Savings vs. DEBTOR

Re: 41999 Calle de Suenos, Murrieta, CA 92562 (Cont. from 10/6/20)

EH            


Docket 46


Tentative Ruling:

Tentative for 11/3/20:


The Court shall conduct an evidentiary hearing regarding the value of the property at issue. The respective appraisers of both parties should be prepared to provide sworn testimony, and be cross examined.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615629329 Meeting ID: 161 562 9329

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11


Password: 634895

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 562 9329

Password: 634895


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************

Tentative for 10/6/20 is to set an evidentiary hearing for November 3, 2020, at 1:30 p.m. The respective appraisers of both parties should be prepared to provide sworn testimony and be cross examined by the opposing parties at the 11/3 hearing. The parties are welcome to stipulate to and lodge an order setting the evidentiary hearing for different date, if necessary.


Appearances for the 10/6 hearing are excused.

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

************************************************************************************* Tentative for 5/12/20 to CONTINUE to July 14, 2020 at 1:30 p.m. A status report is due 14 days in advance.


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


The Parties are reminded to have all relevant filings/information easily accessible.


Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Luther Burbank Savings Represented By Steven Casselberry

Roksana D. Moradi-Brovia

1:30 PM

6:20-14307


Pimlico Ranch, LLC


Chapter 11


#17.00


Law Office of Vida Halavi - movant attorney Motion for Relief from Stay

Prime Lending, LLC vs. DEBTOR (Motion filed 10/5/20)


Re: REAL PROPERTY RE: 25 Lot Residential Subdivision; SW Corner of Kalmia Street and Hayes Avenue APN 906-250-020 thru 046 Murrieta, California 92562


EH            


Docket 65

*** VACATED *** REASON: CONTINUED TO 11/17/20 @ 1:30 BY ORDER ENTERED ON 10/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pimlico Ranch, LLC Represented By Robert M Yaspan

Movant(s):

Prime Lending, LLC Represented By Vida Halavi

10:00 AM

6:20-13729


Julie Irene Bergman


Chapter 7


#1.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and Balboa Thrift & Loan, in the amount of $6,257.66


Re: 2015 Hyundai Sonata Sedan


Docket 12


Tentative Ruling:

Tentative for 11/4/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616696720 Meeting ID: 161 669 6720

Password: 987456


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Julie Irene Bergman


Chapter 7

Meeting ID: 161 669 6720

Password: 987456


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Julie Irene Bergman Represented By Norma Duenas

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-15110


Eduardo Trejo and Laura Trejo


Chapter 7


#2.00


Hrg. on approval of Reaffirmation Agreement Between Debtors and Logix Federal Credit Union, in the amount of $1,381.61


Re: 2011 Kia Sorento


Docket 12


Tentative Ruling:

Tentative for 11/4/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616696720 Meeting ID: 161 669 6720

Password: 987456


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 669 6720

10:00 AM

CONT...


Eduardo Trejo and Laura Trejo


Chapter 7


Password: 987456


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eduardo Trejo Represented By

James D. Hornbuckle

Joint Debtor(s):

Laura Trejo Represented By

James D. Hornbuckle

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:19-14874


Wok Fired Holding, Inc


Chapter 7

Adv#: 6:20-01043 Frealy v. Young


#19.00


CONT STATUS CONFERENCE re: Complaint by Todd Frealy against Rick Young for: 1. Avoidance of Preferential Transfers (§547);

  1. Avoidance of Fraudulent Transfers (§548);

  2. Recovery of Property of The Estate (§550); and,

  3. Objection to Scheduled Claim


    EH            


    (Cont. from 9/23/20)


    Docket 1

    *** VACATED *** REASON: ORDER DISMISSING ADVERSARY ENTERED ON 10/23/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Wok Fired Holding, Inc Represented By Julie J Villalobos

    Defendant(s):

    Rick Young Pro Se

    Plaintiff(s):

    Todd Frealy Represented By

    Maria L Garcia

    Trustee(s):

    Todd A. Frealy (TR) Represented By Amy L Goldman

    1:30 PM

    6:19-21098


    Charles Slone


    Chapter 7

    Adv#: 6:20-01031 Khaddour et al v. Slone et al


    #20.00


    CONT STATUS CONFERENCE re: Complaint by Nazih Khaddour, Robin Khaddour against Charles Slone, Lynn Slone for 523(a)(2) & 523(a)(6) causes of action


    (Cont. from 6/10/20) EH            

    Docket 1


    Tentative Ruling:

    Tentative for 11/4/20:


    The Court is inclined to set the following dates and deadlines, in accordance with the stipulation agreed to by the parties and filed on 10/26/20 [Dk. 27]:


    1. Mediation shall be completed by January 28, 2021.


    2. Discovery cutoff: February 27, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    3. Motion cutoff: March 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    4. Pretrial conference: April 27, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

1:30 PM

CONT...


Charles Slone


Chapter 7

Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1602603958 Meeting ID: 160 260 3958

Password: 987462

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 260 3958

Password: 987462


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio,

1:30 PM

CONT...


Charles Slone


Chapter 7

"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


***************************************************************************** Tentative for 6/10/20 is to set a continued date of November 4, 2020 at 1:30

p.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1611094534 Meeting ID: 161 109 4534

Password: 657534

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 109 4534

Password: 657534

Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

1:30 PM

CONT...


Debtor(s):


Charles Slone


Party Information


Chapter 7

Charles Slone Represented By Michael J Hemming

Defendant(s):

Charles Slone Represented By Michael J Hemming

Lynn Slone Represented By

Michael J Hemming

Joint Debtor(s):

Lynn Slone Represented By

Michael J Hemming

Plaintiff(s):

Nazih Khaddour Represented By Tyler H Brown

Robin Khaddour Represented By Tyler H Brown

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:19-21098


Charles Slone


Chapter 7

Adv#: 6:20-01031 Khaddour et al v. Slone et al


#21.00


Hrg. on Motion filed 7/30/20 to Dismiss First Amended Complaint pursuant to 523(a)(2)(A)


EH           


Docket 17


Tentative Ruling:

Tentative for 11/4/20 is to GRANT the motion to dismiss, with leave to amend:


Plaintiffs’ First Amended Complaint (FAC), filed 6/29/20 [Dk. 14], seeks a determination that debt related to Defendants’ failure to perform under a construction contract is non-dischargeable pursuant to § 523(a)(2)(A).

Defendants (Charles and Lynn Slone) have filed a motion to dismiss, alleging multiple grounds, including failure to state a claim.


In order to state a claim for relief under § 523(a)(2)(A), a plaintiff must establish five elements: (1) misrepresentation, fraudulent omission, or deceptive conduct by the defendant; (2) knowledge of the falsity or deceptiveness of his statement or conduct at the time the statement was made; (3) an intent to deceive; (4) justifiable reliance by the plaintiff on the defendant’s statement or conduct; and (5) damage to the plaintiff proximately caused by its reliance on the defendant’s statement or conduct. Turtle Rock Meadows Homeowners Ass’n v. Slyman (In re Slyman), 234 F.3d 1081, 1085 (9th Cir. 2000).


To survive a Rule 12(b)(6) motion to dismiss, a complaint must state "with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b). "[M]ere conclusory allegations of fraud are insufficient." Moore v. Kayport Package Express, 885 F.2d 531, 540 (9th Cir. 1989).


Generally, the FAC alleges conclusory recitals of the foregoing elements,

1:30 PM

CONT...


Charles Slone


Chapter 7

while failing to allege particular facts in support of those conclusions. For example, Plaintiffs do not allege that Defendant Lynn Slone made representations related to the construction contract at issue. Further, Plaintiffs do not allege particular facts to show that: (1) Defendant Charles Slone made false representations with the knowledge that such representations were false at the time that he made them, (2) Defendant Charles Slone made such misrepresentations with the intent and purpose to deceive Plaintiffs, and (3) that Plaintiffs' reliance on the statements profferred by Defendant Charles Slone was justifiable.


Therefore, the Court is inclined to GRANT the motion to dismiss.


Plaintiffs shall be permitted to file a Second Amended Complaint not later than December 4, 2020, and should take care to address all deficiencies, including but not limited to those deficiencies described above, pursuant to relevant case law and legal standards.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1602603958 Meeting ID: 160 260 3958

Password: 987462

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

Charles Slone

Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 260 3958


Password: 987462


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Charles Slone Represented By Michael J Hemming

Defendant(s):

Charles Slone Represented By Michael J Hemming

Lynn Slone Represented By

Michael J Hemming

Joint Debtor(s):

Lynn Slone Represented By

Michael J Hemming

1:30 PM

CONT...

Movant(s):


Charles Slone


Chapter 7

Charles Slone Represented By Michael J Hemming

Lynn Slone Represented By

Michael J Hemming

Plaintiff(s):

Nazih Khaddour Represented By Tyler H Brown

Robin Khaddour Represented By Tyler H Brown

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-10700


Javier A Garcia Hernandez


Chapter 7

Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.


#22.00


STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay and Violation of Section 19719 of the Cal. Rev. and Tax Code

EH             


Docket 1


Tentative Ruling:

Tentative for 11/4/20:


The Court notes that, as of the date of the posting of this tentative, no status report has been filed. Therefore, the Parties have failed to adhere to the requirements of LBR 7016-1(a), as well as the Court's Early Meeting of Counsel and Status Conference Instructions, issued 8/11/20 [Dk. 2].


Accordingly, the Court will set a continued status conference date of December 16, 2020, at 1:30 p.m. and issue an order to show cause why the case should not be dismissed for lack of prosecution, to be heard on December 16, 2020. Any opposition to the order to show cause must be filed by December 2, 2020.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1602603958

1:30 PM

CONT...


Javier A Garcia Hernandez


Chapter 7


Meeting ID: 160 260 3958

Password: 987462

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 260 3958

Password: 987462


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Javier A Garcia Hernandez Represented By

George C Panagiotou

Defendant(s):

Curacao, LTD A California Limited Pro Se

1:30 PM

CONT...


Javier A Garcia Hernandez


Chapter 7

Southwest Law Group PC Pro Se

Ramy Wasef Shoukry Pro Se

Joint Debtor(s):

Tatiana Ferrufino Represented By

George C Panagiotou

Plaintiff(s):

Tatiana Ferrufino Represented By

George C Panagiotou Stephan A Hoover

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:20-11545


Fernando A Sanchez


Chapter 7

Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al


#23.00


STATUS CONFERENCE re: Complaint by All Nations Realty Ontario against Fernando A Sanchez, Marisol Alba Topete under 523(a)(2), (a)(4), and (a)(6)


EH            


Docket 1


Tentative Ruling:

Tentative for 11/4/20 is to CONTINUE to February 2, 2021, at 1:30 p.m. A status report, whether unilateral or joint, is due 14 days before the continued status conference.


Plaintiff filed a late status report on 10/29/20 [Dk. 14]. The Court had previously ordered that a status report be filed not later than 14 days before this 11/4 hearing. Therefore, Plaintiff has failed to adhere to the order of this Court, as well as the requirements of LBR 7016-1(a). The Court will excuse the non-compliance in this instance, but future violations of this Court's orders and applicable rules may result in monetary or non-monetary sanctions, including dismissal of the action.


Appearances for the 11/4 hearing are excused.


****************************************************************************

Tentative for 8/19/20 is to CONTINUE to November 4, 2020 at 1:30 p.m. If the matter is not otherwise resolved and taken off calendar, a status report (unilateral or joint) will be due 14 days prior to the continued hearing.


Appearances for the 8/19 hearing are excused.

Party Information

Debtor(s):

Fernando A Sanchez Represented By A Mina Tran

1:30 PM

CONT...


Fernando A Sanchez


Chapter 7

Defendant(s):

Fernando A Sanchez Pro Se

Marisol Alba Topete Pro Se

Joint Debtor(s):

Marisol Alba Topete Represented By A Mina Tran

Plaintiff(s):

ALL NATIONS REALTY Represented By Omero Banuelos

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:20-11936


Yun Ho Choi


Chapter 7

Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


#24.00


CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6)


EH         


(Cont. from 9/2/20)


Docket 1


Tentative Ruling:

Tentative for 11/4/20 is to CONTINUE to January 19, 2021, at 1:30 p.m. If not otherwise resolved, a status report is due 14 days before the continued status conference.


Appearances for the 11/4 hearing are excused.


******************************************************************************* Tentative for 9/2/20 is to CONTINUE to November 4, 2020 at 1:30 p.m., in light of the representation in Plaintiff's Unilateral Status Report [Dk. 4] that the parties are engaged in settlement discussions. A status report (unilateral or joint), which contains details regarding the status of settlement discussions and proposed dates for completion of discovery, trial readiness, etc., shall be due no later than 14 days before the continued status conference.


Appearances for the 9/2 hearing are excused.

Party Information

Debtor(s):

Yun Ho Choi Represented By

Young K Chang

Defendant(s):

Yun Ho Choi Pro Se

1:30 PM

CONT...


Yun Ho Choi


Chapter 7

Plaintiff(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#3.00


Hearing RE: Motion For Judgment On The Pleadings And Establishing Briefing Schedule

(Set per Order Entered 10-2-2020 - (Dk. 233)


Docket 233


Tentative Ruling:

Tentative for 11/4/20:


The Court has carefully reviewed all of the pleadings related to this Motion, as well as all other pleadings in the main case, all pleadings within other adversary proceedings in this case, and the entirety of this adversary proceeding.


For purposes of managing its own docket, the Court allocates the following time for oral presentations:


The Movants shall have fifteen minutes without interruption to present any oral arguments in support of their case. They may divide the time among any and all counsels, as they desire. Time may be reserved for rebuttal, within the time limit set forth above.


The Plaintiff and Intervenors shall have fifteen minutes without interruption to present any oral arguments in support of their opposition. They may divide the time among any and all counsels, as they desire.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

Password: 032159

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 545 4686

Password: 032159


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#4.00


CONT'D Hearing RE: Emergency Motion To Quash, Or In The Alternative, Motion For Protective Order, Concerning Plaintiffs' Subpoenas Served On (1) Transamerica Life Insurance Company (2) Principal Life Insurance Company (3) Pacific Life Insurance Company (4) Huntertown Farm, LLC (5) Morgan Stanley Smith Barney Holdings, LLC (6) Ally Finance Corporation (7) NTCH, Inc. And

(8) Joseph Sofio (Motion filed 9/29/2020)

(OST Entered 9/30/2020) FR: 10-2-20

Docket 217


Tentative Ruling:

Tentative for 11/4/20:


The Court has carefully reviewed all of the pleadings related to this Motion, as well as all other pleadings in the adversary proceeding and the main case.


For purposes of managing its own docket, the Court allocates the following time for oral presentations:


The Movants shall have ten minutes without interruption to present any oral arguments in support of their case. They may divide the time among any and all counsels, as they desire. Time may be reserved for rebuttal, within the time limit set forth above.


The Plaintiff and Intervenors shall have ten minutes without interruption to present any oral arguments in support of their opposition. They may divide the time among any and all counsels, as they desire.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

Password: 032159

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 545 4686

Password: 032159


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7


****************************************************************************** Tentative for 10/2/20:


All counsels should have a copy of the Casey v. Steinmann et. al. Complaint filed 9/6/18 [Dk. 1] in their possession and available for reference during the hearing.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1618035395 Meeting ID: 161 803 5395

Password: 946883

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 803 5395

Password: 946883

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

11:00 AM

CONT...

Andrea Steinmann Downs

Chapter 7


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Tessie (Stapleton) Steinmann Represented By

11:00 AM

CONT...


Andrea Steinmann Downs


Aram Ordubegian Annie Y Stoops


Chapter 7

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#4.10


Hearing RE: Motion To Dismiss Claims (1) To Avoid And Recover Transfers Pursuant To Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 544(b) And 550 (4) For Preservation Of The Transfer For The Benefit Of The Estate; (5) For Attorneys' Fees And Costs

(Motion filed 10/15/2020)

(Set per Response and Notice of Hearing filed 10/20/2020)


Docket 268


Tentative Ruling:

Tentative for 11/4/20:


The Court has carefully reviewed all of the pleadings related to this Motion, all of the pleadings in this adversary proceeding, as well as all other pleadings in the main case.


For purposes of managing its own docket, the Court allocates the following time for oral presentations:


The Movants shall have ten minutes without interruption to present any oral arguments in support of their case. They may divide the time among any and all counsels, as they desire. Time may be reserved for rebuttal, within the time limit set forth above.


The Defendants shall have ten minutes without interruption to present any oral arguments in support of their opposition. They may divide the time among any and all counsels, as they desire.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

Password: 032159

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 545 4686

Password: 032159


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

11:00 AM

CONT...

Debtor(s):


Andrea Steinmann Downs


Chapter 7

Andrea Steinmann Downs Pro Se

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By

11:00 AM

CONT...


Andrea Steinmann Downs


Aram Ordubegian Annie Y Stoops


Chapter 7

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#5.00


Hearing RE: Motion by Chapter 7 Trustee For Award Of Attorneys' Fees And Requiring Status Report

[Case transferred from CB on 7/31/2020]


Docket 862


Tentative Ruling:

Tentative for 11/4/20 is to CONTINUE to March 4, 2021, at 11:00 a.m. A status report which details the status of the relevant appeal shall be due by not later than 14 days in advance of the continued hearing.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

Password: 032159


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Meeting ID: 160 545 4686

Password: 032159


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#6.00


Hearing RE: Defendants' Motion for Judgment On The Pleadings Under Rule 12(c)

(Motion filed 10/14/2020)


Docket 262

*** VACATED *** REASON: DUPLICATE OF CALENDAR NUMBER 3.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

John Steinmann Represented By Gerald P Kennedy

11:00 AM

CONT...


Andrea Steinmann Downs


Aram Ordubegian Annie Y Stoops


Chapter 7

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen

11:00 AM

CONT...


Andrea Steinmann Downs


Jeffrey I Golden Faye C Rasch Ryan W Beall


Chapter 7

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#7.00


CONT'D Hearing RE: Intervenors' And Trustee's Joint Motion For Terminating Sanctions

(Motion filed 9/30/2020) FR: 10-21-20

Docket 222


Tentative Ruling:

Tentative for 11/4/20:


The Court has carefully reviewed all of the pleadings related to this Motion, all of the pleadings in this adversary proceeding, as well as all other pleadings in the main case, and all pleadings in the other related adversary proceedings.


For purposes of managing its own docket, the Court allocates the following time for oral presentations:


The Movants shall have ten minutes without interruption to present any oral arguments in support of their case. They may divide the time among any and all counsels, as they desire. Time may be reserved for rebuttal, within the time limit set forth above.


The Defendants shall have ten minutes without interruption to present any oral arguments in support of their opposition. They may divide the time among any and all counsels, as they desire.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

Password: 032159

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 545 4686

Password: 032159


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#8.00


Hearing RE: Objection To Proof Of Claim:


Claim No. 1-2 Internal Revenue Service $200.00 (Motion filed 10/15/2020)

(OST signed 10/16/2020)


Docket 949


Tentative Ruling:

Tentative for 11/4/20:


The Court has carefully reviewed this Claim Objection, and all other pleadings in the main case.


For purposes of managing its own docket, the Court allocates the following time for oral presentations:


The Objecting Party shall have ten minutes without interruption to present any oral arguments in support of their case. They may divide the time among any and all counsels, as they desire.


Any party having timely filed a responsive pleading to the Objection shall have ten minutes without interruption to present any oral arguments in support of its Response. No other party shall provide oral argument in this matter. The Court observes that no responsive pleadings have been filed in this matter.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

Password: 032159

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 545 4686

Password: 032159


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

11:00 AM

CONT...

Trustee(s):


Andrea Steinmann Downs


Chapter 7

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:17-12746


Du Sik Kang


Chapter 7


#9.00


Hearing RE: Chapter 7 Trustee's Motion for Entry of an Order Authorizing:

  1. The Sale of Real Property Located at 4361 Pioneer Street, Irvine, California, Free and Clear of Liens and Interests;

  2. Approving Overbid Procedures;

  3. Authorizing Payment of Undisputed Liens, Real Estate Broker's Commission, and Costs of Sale; and

  4. Finding Purchaser is a Good Faith Purchaser; (Motion filed 10/14/2020)


Docket 52


Tentative Ruling:

Tentative for 11/4/20 is to APPROVE, and allow Trustee to conduct an action.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

Password: 032159


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Du Sik Kang


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 545 4686

Password: 032159


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Du Sik Kang Represented By

Jisoo Hwang

Trustee(s):

Jeffrey I Golden (TR) Represented By Noreen A Madoyan Meghann A Triplett

11:00 AM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:19-01176 Golden v. Caufield et al


#10.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint for Judgment:

  1. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);

  2. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);

  3. Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And

  4. Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)

(Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)


FR: 11-19-19; 5-27-20; 8-5-20


Docket 20

*** VACATED *** REASON: CONTINUED TO JANUARY 20, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE HEARING ENTERED 10-28-2020 - (DOCKET NO. [38])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Jason Caufield Represented By Tyler H Brown

Plaintiff(s):

Jeffrey I. Golden Represented By Reem J Bello Ryan W Beall

11:00 AM

CONT...

Trustee(s):


Tim M McKenna


Chapter 7

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

11:00 AM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01118 Marshack v. Discover Financial


#11.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

[11 U.S.C. Sections 547, 550, 551 And 502(d)]

(Complaint filed 8/19/2020)


Docket 1


Tentative Ruling:

Tentative for 11/4/20 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report is due 14 days prior.


Appearances for the 11/4 hearing are excused.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Discover Financial Pro Se

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

11:00 AM

CONT...

Trustee(s):


Ian G. Winterbotham


Chapter 7

Richard A Marshack (TR) Represented By Larry D Simons

11:00 AM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01119 Marshack v. Kabbage, Inc.


#12.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

[11 U.S.C. Sections 547, 550, 551 And 502(d)]

(Complaint filed 8/19/2020)


Docket 1


Tentative Ruling:

Tentative for 11/4/20 is to CONTINUE to February 17, 2021, at 1:30 p.m. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


Plaintiff shall file a motion for default judgment by no later than January 15, 2021.


Appearances for the 11/4 hearing are excused.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Kabbage, Inc. Pro Se

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Plaintiff(s):

Richard A Marshack Represented By

11:00 AM

CONT...


Trustee(s):


Ian G. Winterbotham


Larry D Simons


Chapter 7

Richard A Marshack (TR) Represented By Larry D Simons

11:00 AM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01120 Marshack v. Citicards


#13.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

[11 U.S.C. Sections 547, 550, 551 And 502(d)]

(Complaint filed 8/19/2020)


Docket 1


Tentative Ruling:

Tentative for 11/4/20 is to CONTINUE to February 17, 2021, at 1:30 p.m. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


Appearances for the 11/4 hearing are excused.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Citicards Pro Se

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

11:00 AM

CONT...

Trustee(s):


Ian G. Winterbotham


Chapter 7

Richard A Marshack (TR) Represented By Larry D Simons

11:00 AM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.


#14.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

    [11 U.S.C. Sections 547, 550, 551 And 502(d)]

    (Complaint filed 8/19/2020)


    Docket 1


    Tentative Ruling:

    Tentative for 11/4/20 is to CONTINUE to February 17, 2021, at 1:30 p.m. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


    Plaintiff shall file a motion for default judgment by no later than January 15, 2021.


    Appearances for the 11/4 hearing are excused.

    Party Information

    Debtor(s):

    Ian G. Winterbotham Represented By Michael D Franco

    Defendant(s):

    Ashley Furniture Industries, Inc. Pro Se

    Joint Debtor(s):

    Bree C. Winterbotham Represented By Michael D Franco

    Plaintiff(s):

    Richard A Marshack Represented By

    11:00 AM

    CONT...


    Trustee(s):


    Ian G. Winterbotham


    Larry D Simons


    Chapter 7

    Richard A Marshack (TR) Represented By Larry D Simons

    11:00 AM

    8:18-14425


    Wallace Raymond Steffen, Jr


    Chapter 7

    Adv#: 8:19-01107 Steffen v. Steffen, Jr.


    #15.00


    CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)


    FR: 6-10-20; 7-1-20; 9-30-20


    Docket 22


    Tentative Ruling:

    Tentative for 11/4/20 is to CONTINUE to February 3, 2021, at 1:30 p.m. A joint status report, which details the status of the probate judgment, is due 14 days prior to the continued hearing.


    Appearances for the 11/4 hearing are excused.


    **************************************************************************** Tentative for 9/30/20 is to CONTINUE to November 4, 2020, at 11:00 a.m. A

    joint status report, which details the status of the probate judgment, is due 14 days prior to the continued hearing. An earlier hearing may be set upon written request.


    Appearances for the 9/30 hearing are excused.


    Party Information

    Debtor(s):

    Wallace Raymond Steffen Jr Represented By Anerio V Altman

    Defendant(s):

    Wallace Raymond Steffen Jr. Represented By Anerio V Altman

    11:00 AM

    CONT...

    Movant(s):


    Wallace Raymond Steffen, Jr


    Chapter 7

    Linda Steffen Represented By Christopher J Langley

    Plaintiff(s):

    Linda Steffen Represented By Christopher J Langley

    Trustee(s):

    Richard A Marshack (TR) Represented By

    Misty A Perry Isaacson

    11:00 AM

    8:18-14425


    Wallace Raymond Steffen, Jr


    Chapter 7

    Adv#: 8:19-01107 Steffen v. Steffen, Jr.


    #16.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

    [11 U.S.C. Section 523(a)(4)]

    (Complaint filed 6/4/19)


    FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20; 6-10-20 at 10:00; 6-10-20; 7-1-20;

    9-30-20


    Docket 1


    Tentative Ruling:

    Tentative for 11/4/20 is to CONTINUE to February 3, 2021, at 1:30 p.m., pursuant to the Court's tentative on related matter #15.


    Appearances for the 11/4 hearing are excused.


    ***************************************************************************** Tentative for 9/30/20 is to CONTINUE to November 4, 2020, at 11:00 a.m., pursuant to the Court's tentative on related matter #19.


    Appearances for the 9/30 hearing are excused.


    ****************************************************************************** Tentative for 3/11/20 is to CONTINUE this status conference to June 10 at 10:00 a.m. A status report, unilateral or joint, is due 14 days in advance of the continued hearing, and should provide information regarding the status of the State Court ruling.


    The Court notes that the joint status report filed on 3/6/20 was not timely filed. Future failure to comply with LBR 7016-1(a)(2) & (3) may result in the imposition of monetary and/or non-monetary sanctions, including the entry of judgment of dismissal or default.

    11:00 AM

    CONT...


    Wallace Raymond Steffen, Jr


    Chapter 7

    Appearances for the 3/11 hearing are excused.


    ********************************************************************* Tentative for 09/12/19:


    Having received and reviewed the latest Joint Status Report [Dk. 7], the Court notes that the report does not clearly provide the status of the State Probate Action. Therefore, appearances are required and the Parties should be prepared to provide a concise, oral status of the State Probate Action at the September 12, 2019 hearing. If continued, the Court is inclined to set the continued status conference for December 19, 2019 at 11:00 a.m.

    Party Information

    Debtor(s):

    Wallace Raymond Steffen Jr Represented By Anerio V Altman

    Defendant(s):

    Wallace Raymond Steffen Jr. Represented By Anerio V Altman

    Plaintiff(s):

    Linda Steffen Represented By Christopher J Langley

    Trustee(s):

    Richard A Marshack (TR) Represented By

    Misty A Perry Isaacson

    11:00 AM

    8:20-11007


    Sharif M. Atta


    Chapter 7

    Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta


    #17.00


    CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Dischargeability

    [11 U.S.C. Section 523(a)(6)]

    (Complaint filed 6/29/2020) (Amended Complant filed 7/1/2020) (Another Summons issued 7/1/2020) (Another Summons issued 7/6/2020)

    (First Amended Complaint filed 9/10/2020) FR: 9-23-20

    Docket 4


    Tentative Ruling:

    Tentative for 11/4/20:


    The Court is inclined to set the following dates/deadlines:


    1. Discovery cutoff: May 6, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: June 18, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: July 14, 2021, at 1:30 p.m.


    The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.


    Plaintiff is to lodge a scheduling order within seven (7) days.

    11:00 AM

    CONT...


    Sharif M. Atta


    Chapter 7

    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

    Password: 032159

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 545 4686

    Password: 032159


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio,

    11:00 AM

    CONT...


    Sharif M. Atta


    Chapter 7

    "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Sharif M. Atta Represented By Leonard W Stitz

    Defendant(s):

    Sharif Atta Represented By

    Leonard W Stitz

    Plaintiff(s):

    Econo Lube Franchisor SPV LLC Represented By

    Lawrence J Hilton

    Meineke Franchisor SPV LLC Represented By Lawrence J Hilton

    Trustee(s):

    Jeffrey I Golden (TR) Pro Se

    11:00 AM

    8:20-11007


    Sharif M. Atta


    Chapter 7

    Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta


    #18.00


    Hearing RE: Debtor's Second Motion To Dismiss Adversary Proceeding (Motion filed 9/25/2020)


    Docket 20


    Tentative Ruling:

    Tentative for 11/4/20 is to DENY.


    Plaintiffs seek nondischargeability under 11 U.S.C. § 523(a)(6) for debts related to Defendant's willful and malicious trademark infringement.

    Defendant's prior motion to dismiss was granted by this Court, to allow Plaintiffs to file an amended complaint addressing the issue of Defendant’s malice. Plaintiffs filed a first amended complaint on 9/10/20 [Dk. 17].


    Defendant admits that his infringement of Plaintiffs’ trademarks was "willful and intentional" [Dk. 27; Pg. 4:3-4]. However, Defendant’s present motion to dismiss again argues that Plaintiffs failed to properly plead the statute’s "malicious" requirement.


    To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).


    The "malicious injury" requirement is satisfied where there is: "(1) a wrongful act, (2) done intentionally, (3) which necessarily causes injury, and (4) is done without just cause or excuse." In re Ormsby v. First Am. Title Co. of Nev, 591 F.3d 1199, 1207 (9th Cir. 2010).


    Plaintiffs’ amended complaint properly pleads plausible facts to show that Defendant intentionally engaged in the wrongful act of trademark infringement, which would necessarily cause injury to Plaintiffs, and Defendant had no just cause or excuse in doing so.

    11:00 AM

    CONT...


    Sharif M. Atta


    Chapter 7

    Therefore, the Court is inclined to DENY the motion to dismiss.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1605454686 Meeting ID: 160 545 4686

    Password: 032159

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 545 4686

    Password: 032159


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at

    11:00 AM

    CONT...


    Sharif M. Atta


    Chapter 7

    https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Sharif M. Atta Represented By Leonard W Stitz

    Defendant(s):

    Sharif Atta Represented By

    Leonard W Stitz

    Movant(s):

    Sharif Atta Represented By

    Leonard W Stitz Leonard W Stitz

    Plaintiff(s):

    Econo Lube Franchisor SPV LLC Represented By

    Lawrence J Hilton

    Meineke Franchisor SPV LLC Represented By Lawrence J Hilton

    Trustee(s):

    Jeffrey I Golden (TR) Pro Se

    10:00 AM

    8:20-12522


    Andrew Douglas King


    Chapter 7


    #1.00


    Motion for relief from stay [Personal Property]


    American Honda Finance Corporation vs. DEBTOR (Motion filed 10/9/20)


    [RE: 2015 Honda Cr-V - VIN No.: 5J6R M4H71FL063744]


    Docket 14


    Tentative Ruling:

    Tentative for 11/05/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Andrew Douglas King Represented By

    10:00 AM

    CONT...


    Movant(s):


    Andrew Douglas King


    Timothy McFarlin


    Chapter 7

    American Honda Finance Represented By Vincent V Frounjian

    Trustee(s):

    Jeffrey I Golden (TR) Pro Se

    11:00 AM

    8:17-11743


    Cecilio Romero Murrietta and Irma Bonilla Murrietta


    Chapter 11


    #2.00


    CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

    (Petition filed 5/1/17)


    FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;

    8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20;

    7-16-20; 10-1-20


    Docket 6

    *** VACATED *** REASON: CONTINUED TO DECEMBER 17, 2020 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION TO CONTINUE HEARING ON CONFIRMATION OF THE TRUSTEE'S FIRST AMENDED PLAN OF REORGANIZATION ENTERED 10-15-2020

    - (DOCKET NO. [373])

    Tentative Ruling:

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#4.00


Hearing RE: First And Final Report Of Chapter 11 Trustee And Request For Allowance Of Fees and Costs For The Period From February 13, 2019, Through And Including October 13, 2020

(Application filed 10/15/20)


[RE: HOWARD B. GROBSTEIN - Chapter 11 Trustee] [Fees: $748,758.67; Expenses: $1,564.04]


Docket 355


Tentative Ruling:

Tentative for 11/5/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

Trustee(s):

Howard B Grobstein (TR) Represented By

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


David Wood Matthew Grimshaw Tinho Mang

Annie Y Stoops

M Douglas Flahaut


Chapter 11

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#4.10


Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From August 11, 2020 Through September 21, 2020

(Application filed 9/29/2020)


[RE: ARENT FOX LLP - Special Regulatory Counsel For Howard B. Grobstein, Chapter 11 Trustee]

[Fees: $25,000.00; Expenses: $0.00]


Docket 348


Tentative Ruling:

Tentative for 11/5/20 is to APPROVE, provided that a client declaration is filed in support of the application.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

11:00 AM

CONT...

Trustee(s):


Kendall Frozen Fruits, Inc.


Chapter 11

Howard B Grobstein (TR) Represented By David Wood

Matthew Grimshaw Tinho Mang

Annie Y Stoops

M Douglas Flahaut

11:00 AM

8:18-14277


Progressive Solutions, Inc.


Chapter 11


#5.00


CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: Setting

Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

(3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

And (5) Setting Date For 11 U.S.C. Section 1111(b) Election (Set per Order Entered 2/24/2020)


FR: 4-9-20; 6-11-20


Docket 162


Tentative Ruling:

Tentative for 11/5/20 is to CONTINUE to April 8, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 11/5 hearing are excused.


***************************************************************************

Tentative for 6/11/20 is to set a continued date of November 5, 2020 at 11:00

a.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

11:00 AM

CONT...


Progressive Solutions, Inc.


Chapter 11

and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619624197

Meeting ID: 161 962 4197

Password: 585810

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 962 4197

Password: 585810


Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


************************************************************************************* Tentative for 4/9/20:


The Court has read the status report filed 3/26 [Dk. 176] and would appreciate a supplemental report filed by Debtor before April 7, 2020, with respect to all of the active steps that have been undertaken to proceed in this case as a Subchapter V proceeding. For instance, it appears that Debtor has sought no extensions of deadlines that are mandatorily set by statute under Subchapter V, including, but not limited to, 11 U.S.C. §§ 1189(b) and 1116(1).


The Court would also like to understand what role the Subchapter V Trustee has undertaken with respect to this case.

11:00 AM

CONT...


Progressive Solutions, Inc.


Chapter 11

Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


The Parties are reminded to have all relevant filings/information easily accessible.

Party Information

Debtor(s):

Progressive Solutions, Inc. Represented By Lewis R Landau

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:19-13930


Jonathan James Lagman and Samantha Page Lagman


Chapter 11


#6.00


CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case

Management Conference And (2) Requiring Status Report (Petition filed 10/7/19)


FR: 11-21-19; advanced from 2-12-20; 1-30-20; 4-29-20; 6-11-20


Docket 7


Tentative Ruling:

Tentative for 11/5/20 is to CONTINUE to April 8, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 11/5 hearing are excused.


****************************************************************************

Tentative for 6/11/20 is to set a continued date of November 5, 2020 at 11:00

a.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619624197


Meeting ID: 161 962 4197


Password: 585810

11:00 AM

CONT...


Jonathan James Lagman and Samantha Page Lagman


Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 962 4197

Password: 585810


Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


*********************************************************************** Tentative for 1/30/20:


The Court is inclined to set the following dates/deadlines:


  1. Deadline for filing a plan and disclosure Statement: February 7, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


  2. Deadline to object to claims: February 29, 2020.


  3. Continued status conference: April 29, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are required.


Debtor is to lodge an order within seven days.


****************************************************************************

Tentative for 11/21/19 is to CONTINUE this status conference to February 12, 2020. A status report is due 14 days in advance.


Appearances are excused.

11:00 AM

CONT...


Debtor(s):


Jonathan James Lagman and Samantha Page Lagman

Party Information


Chapter 11

Jonathan James Lagman Represented By Michael Jones Sara Tidd

Joint Debtor(s):

Samantha Page Lagman Represented By Michael Jones Sara Tidd

11:00 AM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#7.00


Hearing RE: Motion To Approve Disclosure Statement Describing Chapter 11 Plan Of Reorganization As Having Adequate Information

(D.S. filed 9/15/2020)


Docket 64


Tentative Ruling:

Tentative for 11/5/20:


The Court is inclined to APPROVE the disclosure statement, provided that the

D.S. and Plan are amended to provide discharge only upon completion of plan payments pursuant to 11 U.S.C. Section 1141(d)(5), and not after "substantial consummation" of the plan.


Additionally, the Court is inclined to set the following dates/deadlines:


  1. Deadline to serve Solicitation Package: 11/13/20


  2. Deadline to vote: 12/2/20


  3. Deadline to file and serve objection to the plan: 12/2/20


  4. Deadline to file ballot summary and confirmation brief: 12/17/20


  5. Confirmation hearing: January 7, 2021, at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

11:00 AM

CONT...


Gary Song Jiunn Mor


Chapter 11

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1613638756 Meeting ID: 161 363 8756

Password: 964351

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 363 8756

Password: 964351


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw

11:00 AM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#8.00


Hearing RE: Interim Application For Allowance Of Compensation And Reimbursement Of Expenses For The Period Of January 3, 2020 Through September 29, 2020

(Application filed 10/5/2020)


[RE: FINANCIAL RELIEF LAW CENTER - Attorneys For Debtor-In- Possession]

[Fees: $32,371; Expenses: $88.15]


Docket 67


Tentative Ruling:

Tentative for 11/5/20 is to CONTINUE to January 7, 2021, at 11:00 a.m., to allow Applicant to file an amended application not later than December 4, 2020, addressing the following:


  1. There is insufficient evidence to support the requested fee application. The time records attached to the Declaration of Andy Warshaw at Exhibit B do not contain billing amounts which match the requested fee amounts.


  2. It is unclear whether Debtor seeks compensation for pre-petition activities. Debtor filed his petition on 3/2/20. The requested application period starts on 1/3/20, which is pre-petition.


  3. It is unclear whether Applicant seeks to hold back payment of a portion of his fees. By way of this application, Applicant requests interim approval of

$32,371.00 in fees, and $88.15 in expenses. Applicant further requests authorization to draw down the balance in his trust account totaling $2,685.00, and seeks a court order directing Debtor to pay Applicant in the amount of

$23,366.15. The foregoing payments leave approximately $6,408.00 of the requested fee application unpaid.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using

11:00 AM

CONT...


Gary Song Jiunn Mor


Chapter 11

Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1613638756 Meeting ID: 161 363 8756

Password: 964351

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 363 8756

Password: 964351


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

11:00 AM

CONT...

Debtor(s):


Gary Song Jiunn Mor


Chapter 11

Gary Song Jiunn Mor Represented By Andy C Warshaw

11:00 AM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#8.10


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 3/2/2020) FR: 5-7-20; 10-22-20

Docket 13


Tentative Ruling:

Tentative for 11/5/20 is to set a CONTINUED date of January 7, 2021, at 11:00 a.m. A status report is required 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613638756 Meeting ID: 161 363 8756

Password: 964351


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Gary Song Jiunn Mor


Chapter 11


Meeting ID: 161 363 8756

Password: 964351


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


**************************************************************************** Tentative for 10/22/20 is to CONTINUE to November 5, 2020, at 11:00 a.m., to be heard concurrently with the hearing on the approval of Debtor's

disclosure statement filed September 15, 2020 [Dk. 62]. A status report is not required.


Appearances for the 10/22 hearing are excused.


**************************************************************************** Tentative for 5/7/20:


The Court is inclined to set the following dates/deadlines:


  1. Deadline for filing a plan and disclosure Statement: September 30, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


  2. Deadline to object to claims: August 7, 2020.

    11:00 AM

    CONT...


    Gary Song Jiunn Mor


    Chapter 11

  3. Continued status conference: October 22, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Debtor is to lodge an order within seven days.


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


Party Information

Debtor(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11


#9.00


Hearing RE: Motion For Order: (1) Authorizing Sale Of Real Property At 3500 Moore Street, Los Angeles, CA (A) Outside The Ordinary Course Of Business;

(B) Free And Clear Of Liens, Claims, And Encumbrances; (C) Subject To Overbid; (D) For Determination Of Good Faith Purchaser Under 11 U.S.C. Section 363(M)

[Rockport Development, Inc., ONLY]

(Motion filed 10/15/2020)


Docket 332


Tentative Ruling:

Tentative for 11/5/20 is to APPROVE, and allow Trustee to conduct an auction.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613638756 Meeting ID: 161 363 8756

Password: 964351


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Rockport Development, Inc.


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 363 8756

Password: 964351


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11


#10.00


Hearing RE: Motion For Order (1) Authorizing Sale Of Property Located At 12416 Allin Street, Los Angeles, CA (A) Outside The Ordinary Course Of Business; (B) Free And Clear Of Liens, Claims, And Encumbrances; (C) Subject To Overbid; And (D) For Determination Of Good Faith Purchaser Under 11

U.S.C. Section 363(M) (Motion filed 10/19/2020)


Docket 338


Tentative Ruling:

Tentative for 11/5/20 is to APPROVE, and allow Trustee to conduct an auction.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613638756 Meeting ID: 161 363 8756

Password: 964351


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Rockport Development, Inc.


Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 363 8756

Password: 964351


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11


#11.00


Hearing RE: Debtor And Debtor-In-Possession's Motion For Order Extending The Deadline To File A Plan Under Section 1189(b)

(Motion filed 10/2/2020)


Docket 77

*** VACATED *** REASON: OFF CALENDAR - PER ORDER GRANTING MOTION FOR ORDER EXTENDING THE DEADLINE TO FILE A PLAN UNDER 11 SECTION 1189(b) ENTERED 10-14-20 - (DOCKET NO. [84])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11


#11.10


Hearing RE: Motion In Individual Chapter 11 Case For Order Authorizing Debtor In Possession To Employ Zinser Law Group, PC As General Bankruptcy Counsel

(Motion filed 9/30/2020)

(Set per Notice of Hearing filed 10/19/2020)


Docket 76

*** VACATED *** REASON: OFF CALENDAR - ORDER ENTERED GRANTING MOTION AND TO VACATE HEARING 11-5-2020 (DOCKET NO. [91])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12611


Stephen Jairyun Jung


Chapter 11


#12.00


STATUS CONFERENCE Hearing RE: Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report (Petition filed 9/16/2020)


Docket 12


Tentative Ruling:

Tentative for 11/5/20:


This Chapter 11 proceeding is being transferred to Judge Klein. An order setting a status conference will be issued by Judge Klein shortly.


The 11/5 hearing before Judge Clarkson is hereby vacated; therefore, no appearances will be permitted.

Party Information

Debtor(s):

Stephen Jairyun Jung Represented By Jaenam J Coe

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#12.10


STATUS CONFERENCE RE: Scheduling And Case Management Conference (Petition filed 9/21/2020)


Docket 93


Tentative Ruling:

Tentative for 11/5/20:


The Court is inclined to set the following dates and deadlines:


  1. Claims Bar Date: February 5, 2021


  2. Notice of Claims Bar Date: November 30, 2020


  3. Deadline to file Plan and Disclosure Statement: December 21, 2020 (statutory deadline)


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613638756 Meeting ID: 161 363 8756

Password: 964351


If a participant is unable to send and receive audio through his/her computer,

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 363 8756

Password: 964351


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#12.20


CONT'D Hearing RE: Motion For Order Authorizing Debtor To Obtain Unsecured Line Of Credit Pursuant To 11 U.S.C. Section 364(b) (Motion filed 10/9/2020) (OST signed 10/9/2020)


FR: 10-22-20


Docket 62


Tentative Ruling:

Tentative for 11/5/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613638756 Meeting ID: 161 363 8756

Password: 964351


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 161 363 8756

Password: 964351


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

11:00 AM

CONT...


Golden Hotel LLC


Michael Simon


Chapter 11

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#12.30


CONT'D Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral And Turnover Of Estate Property

(Motion filed 9/22/2020) FR: 9-23-20; 10-22-20

Docket 15


Tentative Ruling:

Tentative for 11/5/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613638756 Meeting ID: 161 363 8756

Password: 964351


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 161 363 8756

Password: 964351


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

1:00 PM

8:20-11056


Mershad Javan


Chapter 13


#13.00


Hearing RE: To Determine If The Bankruptcy Case Should Be Converted To Chapter 7

(Set Per Order Entered 10/15/2020)


Docket 132


Tentative Ruling:

Tentative for 11/5/20 is to conduct an evidentiary hearing. Parties should be prepared to have witnesses present in the virtual courtroom.


Movant’s motion alleges that conversion to Chapter 7 is appropriate for three reasons: (1) Debtor is ineligible pursuant to 11 U.S.C. § 109(e), (2) Debtor has not confirmed a plan pursuant to 11 U.S.C. § 1307(c)(5), and (3) Debtor's filing was made in bad faith.


As to the issue of Debtor’s eligibility, Movant is correct that disputed claims are not per se excluded from the eligibility calculation under § 109(e).

However, "[i]f the dispute itself makes the claim difficult to ascertain or prevents the ready determination of the amount due, the debt is unliquidated and excluded from the § 109(e) computation." In re Nicholes, 184 B.R. 82, 90-91 (B.A.P. 9th Cir. 1995). Having reviewed the proof of claims filed by Norris, individually and on behalf of JMD, which would exceed the requisite debt limitation, the Court notes that the amounts of the claims are not "readily determinable." Therefore, they are properly excluded from the eligibility calculation referenced above.


As to whether grounds under 11 U.S.C. § 1307(c)(5) exist, the Court notes that "there are two essential elements that each must be satisfied in order to constitute ‘cause’ to convert or dismiss a case following the denial of confirmation of a plan: (1) denial of confirmation; and (2) denial of a request for time to file a new or a modified plan. As written, the requirements of § 1307(c)(5) are cumulative and mandatory. In other words, both elements must exist in order to constitute ‘cause’ to dismiss or convert a chapter 13 case under that authority." In re Nelson, 343 B.R. 671, 675–76 (B.A.P. 9th Cir.

1:00 PM

CONT...


Mershad Javan


Chapter 13

2006) (internal quotations omitted). There is no evidence to show that the second prong is met.


A finding of bad faith is sufficient cause to convert under 11 U.S.C. § 1307. In so finding, "the bankruptcy court should consider the following factors: (1) whether the debtor misrepresented facts in his petition or plan, unfairly manipulated the Bankruptcy Code, or otherwise filed his Chapter 13 petition or plan in an inequitable manner, (2) the debtor's history of filings and dismissals, (3) whether the debtor only intended to defeat state court litigation; and (4) whether egregious behavior is present." In re Leavitt, 171 F.3d 1219, 1224–25 (9th Cir. 1999) (internal citations and quotations omitted).


Movant should be prepared to point the Court to admissible evidence which supports the foregoing factors contributing to Debtor’s alleged bad faith.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608777785 Meeting ID: 160 877 7785

Password: 654891

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:00 PM

CONT...

Mershad Javan

Chapter 13

Meeting ID: 160 877 7785


Password: 654891


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Mershad Javan Represented By Todd L Turoci

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

1:00 PM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Norris et al v. Javan et al


#14.00


CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:

  1. Avoid And Recover Fraudulent Transfers;

  2. Obtain Declaratory Relief As To Ownership Of Property;

  3. Turnover Of Property;

  4. Authorize Sale Of Real Property; And

  5. For Declaratory Relief (Complaint filed 4/18/2020)

    [Adversary transferred from CB on 7/31/2020]


    FR: 7-7-20; 9-30-20


    Docket 1


    Tentative Ruling:

    Tentative for 11/5/20:


    In light of related matter #15, this matter will be taken off calendar.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1608777785 Meeting ID: 160 877 7785

    Password: 654891

    1:00 PM

    CONT...


    Mershad Javan


    Chapter 7


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 877 7785

    Password: 654891


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


    ****************************************************************************** Tentative for 9/30/20:

    In light of related matter #26, this matter will be taken off calendar. Virtual appearances are required.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Todd L Turoci

    1:00 PM

    CONT...


    Mershad Javan


    Chapter 7

    Defendant(s):

    Javan Mershad Represented By Todd L Turoci

    Maija Olivia Javan Represented By Todd L Turoci

    Mershad Javan and Maija Olivia Pro Se

    Maija Olivia Javan, Trustee of the Pro Se

    Plaintiff(s):

    Steve Norris Represented By

    David Brian Lally

    Steve Norris Derivatively on Behalf Represented By

    David Brian Lally

    Trustee(s):

    Richard A Marshack (TR) Pro Se

    1:00 PM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:20-01055 Norris et al v. Javan et al


    #15.00


    CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)

    [Adversary transferred from CB on 7/31/2020]


    [FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20


    Docket 4


    Tentative Ruling:

    Tentative for 11/5/20 is to DISMISS without leave to amend:


    Plaintiffs seeks relief on the following causes of action: (1) - (4) Avoidance of Transfers pursuant to Section 544(b), (5) Recovery of Avoided Transfer pursuant to Section 550(a), (6) Declaratory Relief, (7) Turnover pursuant to Section 542(a), and (8) Approval of Sale pursuant to Section 363.


    Plaintiffs, who are not a trustee, and have not been appointed by the Court to bring claims otherwise reserved for a trustee, have not established standing to pursue Claims 1-5, 7 and 8.


    The court's determination of whether to provide declaratory relief "is discretionary." In re Young, No. EDCV 11-1626-GW, 2012 WL 5832431, at *7 (C.D. Cal. Nov. 13, 2012). The Court notes that the declaratory relief requested in Claim 6 (which seeks to recharacterize property by virtue of the very transfers sought to be avoided by other causes of action), appears to be Plaintiff's attempt to manufacture standing to bring relief that is statutorily reserved for the trustee.


    As all of the claims alleged above are estate assets not otherwise belonging

    1:00 PM

    CONT...


    Mershad Javan


    Chapter 7

    to Plaintiffs, amendment of the complaint would be futile. Leave to amend may be denied if the proposed amendment is futile. Saul v. United States, 928 F.2d 829, 843 (9th Cir. 1991). Therefore, the Court is inclined to DENY without leave to amend.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1608777785 Meeting ID: 160 877 7785

    Password: 654891

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 877 7785

    Password: 654891

    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

    Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the

    1:00 PM

    CONT...

    Mershad Javan

    Chapter 7

    videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


    ***************************************************************************** Tentative for 9/30/20 is to DISMISS without leave to amend:


    Plaintiffs seeks relief on the following causes of action: (1) - (4) Avoidance of Transfers pursuant to Section 544(b), (5) Recovery of Avoided Transfer pursuant to Section 550(a), (6) Declaratory Relief, (7) Turnover pursuant to Section 542(a), and (8) Approval of Sale pursuant to Section 363.


    Plaintiffs, who are not a trustee, and have not been appointed by the Court to bring claims otherwise reserved for a trustee, have not established standing to pursue Claims 1-5, 7 and 8.


    The court's determination of whether to provide declaratory relief "is discretionary." In re Young, No. EDCV 11-1626-GW, 2012 WL 5832431, at *7 (C.D. Cal. Nov. 13, 2012). The Court notes that the declaratory relief requested in Claim 6 (which seeks to recharacterize property by virtue of the very transfers sought to be avoided by other causes of action), appears to be Plaintiff's attempt to manufacture standing to bring relief that is statutorily reserved for the trustee.


    As all of the claims alleged above are estate assets not otherwise belonging to Plaintiff, amendment of the complaint would be futile. Leave to amend may be denied if the proposed amendment is futile. Saul v. United States, 928 F.2d 829, 843 (9th Cir. 1991). Therefore, the Court is inclined to DENY without leave to amend.


    Virtual appearances are required.

    Party Information

    1:00 PM

    CONT...

    Debtor(s):


    Mershad Javan


    Chapter 7

    Mershad Javan Represented By Todd L Turoci

    Defendant(s):

    Javan Mershad Represented By Todd L Turoci

    Maija Olivia Javan Represented By Todd L Turoci

    Mershad Javan and Maija Olivia Pro Se

    Maija Olivia Javan, Trustee of the Pro Se

    Movant(s):

    Javan Mershad Represented By Todd L Turoci

    Plaintiff(s):

    Steve Norris Represented By

    David Brian Lally

    Steve Norris Derivatively on Behalf Represented By

    David Brian Lally

    Trustee(s):

    Richard A Marshack (TR) Pro Se

    1:00 PM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:20-01085 Norris et al v. Javan


    #16.00


    CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt

    [11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]

    (Complaint filed 5/19/2020)

    [Case transferred from CB on 7/31/2020]


    FR: 8-4-20; 8-19-20; 9-30-20


    Docket 1


    Tentative Ruling:

    Tentative for 11/5/20:


    The Court is inclined to set the following dates and deadlines:


    1. Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: March 5, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: April 28, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and

1:00 PM

CONT...


Mershad Javan


Chapter 7

videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608777785 Meeting ID: 160 877 7785

Password: 654891

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 877 7785

Password: 654891


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

1:00 PM

CONT...


Mershad Javan


Chapter 7

***************************************************************************** Tentative for 9/30/20:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: November 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: January 1, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: February 3, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.

Plaintiff is to lodge a scheduling order within seven (7) days. Virtual appearances are required.

Party Information

Debtor(s):

Mershad Javan Represented By Todd L Turoci

Defendant(s):

Mershad Javan Represented By Todd L Turoci

Plaintiff(s):

Steve Norris Represented By

David Brian Lally

Steve Norris Derivatively on Behalf Represented By

David Brian Lally

1:00 PM

CONT...

Trustee(s):


Mershad Javan


Chapter 7

Richard A Marshack (TR) Pro Se

10:00 AM

6:20-16114


Alton Gamble


Chapter 7


#1.00

Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

(Motion filed 10/14/20)


Mercedes-Benz Financial Services USA LLC


Re: Mercedes-Benz M2PV144; VIN# 8BRPE7DD9GE125144


EH     


(Tele. appr. John Kim, rep. creditor, Mercedes-Benz Financial Services USA)


Docket 10


Tentative Ruling:

Tentative for 11/17/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

10:00 AM

CONT...


Debtor(s):


Alton Gamble


Party Information


Chapter 7

Alton Gamble Represented By Kevin Tang

Movant(s):

Mercedes-Benz Financial Services Represented By

John H Kim

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:20-16114


Alton Gamble


Chapter 7


#2.00


Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

Ford Motor Credit Company LLC vs. DEBTOR, Howard Grobstein, trustee (Motion filed 10/21/20)


Re: 2017 Ford Focus, VIN: 1FADP3F23HL344090


EH     


(Tele. appr. John Kim, rep. creditor, Ford Motor Credit Company)


Docket 14


Tentative Ruling:

Tentative for 11/17/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

10:00 AM

CONT...


Debtor(s):


Alton Gamble


Party Information


Chapter 7

Alton Gamble Represented By Kevin Tang

Movant(s):

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:16-15464


Maria Hazhel Ylagan Cosico


Chapter 7


#3.00


Hrg. on Trustee's Final Report; Applications for Compensation EH            

[Re: Robert S. Whitmore, chapter 7 trustee] [Fees; $6443.44; Expenses; $174.11]


[Julie Philippi, attorney for trustee] [Fees; $9125.00; Expenses; $297.87]


[Donald Fife, Account for trustee] [Fees; $2508.00; Expenses; $0]


Docket 59


Tentative Ruling:

Tentative for 11/17/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


Maria Hazhel Ylagan Cosico


Chapter 7

Maria Hazhel Ylagan Cosico Represented By Nathan Fransen Julie Philippi

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:17-15755


River Crest Estates, LLC


Chapter 7


#4.00


Hrg. on trustee's final report; applications for compensation EH            

[Larry D. Simons, chapter 7 trustee] [Fees; $19823.68; Expenses; $286.10]


[Levene Neal Bender Rankin & Brill LLP, attorneys for trustee] [Fees; $52000.00; Expenses; $745.62]


[Lane & Nach, P.C., attorneys for trustee (other firm)] [Fees; $8265.00]


[Hahn Fife; accountant for trustee] [Fees; $6512.00; Expenses; $0]


Docket 195


Tentative Ruling:

Tentative for 11/17/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

11:00 AM

CONT...


River Crest Estates, LLC


Chapter 7


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

River Crest Estates, LLC Represented By Todd L Turoci

Trustee(s):

Larry D Simons (TR) Represented By Carmela Pagay Todd A Frealy Lindsey L Smith

11:00 AM

6:19-11223


Marisol Silva and Gustavo Silva


Chapter 7


#5.00


Hrg. on trustee's final report; applications for compensation EH            

[Lynda Bui, chapter 7 trustee] [Fees; $1467.10]


(Tele. appr. Lynda T. Bui, rep. Ch 7 Trustee)


Docket 29


Tentative Ruling:

Tentative for 11/17/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Marisol Silva Represented By

Jessica De Anda Leon

11:00 AM

CONT...


Marisol Silva and Gustavo Silva


Chapter 7

Joint Debtor(s):

Gustavo Silva Represented By

Jessica De Anda Leon

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:19-20791


Juan Gabriel Alvarez Leriget


Chapter 7


#6.00


Hrg. on trustee's final report; applications for compensation EH            

[Larry D. Simons, chapter 7 trustee[ [Fees; $1286.90; Expenses; $66.00]


Docket 36


Tentative Ruling:

Tentative for 11/17/20 is to APPROVE.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom.

There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Trustee to lodge an order within seven (7) days.

Party Information

Debtor(s):

Juan Gabriel Alvarez Leriget Represented By Patricia A Mireles

11:00 AM

CONT...

Trustee(s):


Juan Gabriel Alvarez Leriget


Chapter 7

Larry D Simons (TR) Pro Se

1:30 PM

6:11-28115


DAVID LIN and CHRISTINE YIU


Chapter 11


#7.00


CONT Hrg. on Debtors' Motion filed 8/21/20 For Final Entry of Discharge and Final Decree and Order Closing Chapter 11 Case


(From 9/22/20) EH            

Docket 171


Tentative Ruling:

Tentative for 11/17/20 is to CONTINUE to January 19, 2021, at 1:30 p.m., with a status report due 14 days before.


Appearances for the 11/17 hearing are excused.


******************************************************************************* Tentative for 10/20/20 is to CONTINUE to November 17, 2020, at 1:30 p.m., with a status report due 14 days before.


Appearances for the 10/20 hearing are excused.


**************************************************************************** Tentative for 9/22/20:


Debtor is to appear and address the Opposition filed 9/8/20 [Dk. 173] by Creditor, PNC Bank, N.A.


Virtual appearances are required.

Party Information

Debtor(s):

DAVID LIN Represented By

Michael J Jaurigue Elaine Le

1:30 PM

CONT...


DAVID LIN and CHRISTINE YIU


Ryan A. Stubbe


Chapter 11

Joint Debtor(s):

CHRISTINE YIU Represented By Michael J Jaurigue Elaine Le

Ryan A. Stubbe

Movant(s):

DAVID LIN Represented By

Michael J Jaurigue Elaine Le

Ryan A. Stubbe

CHRISTINE YIU Represented By Michael J Jaurigue Michael J Jaurigue Elaine Le

Elaine Le Ryan A. Stubbe Ryan A. Stubbe

1:30 PM

6:18-11937


Lisa Duarte


Chapter 7

Adv#: 6:20-01025 Rose v. Duarte


#8.00


CONT STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - §523(a)(2)(A), §523(a)(4), §523(a)(6)


EH            


(Cont. from 9/23/20)


Docket 1


Tentative Ruling:

Tentative for 11/17/20 is to CONTINUE to January 19, 2021, at 1:30 p.m. A status report which details the status of the pending arbitration efforts is due no later than 14 days prior to the continued hearing.


Appearances for the 11/17 hearing are excused.


***************************************************************************

Tentative for 9/23/20 is to CONTINUE to November 17, 2020, at 1:30 p.m. A status report which details the status of the pending arbitration efforts is due no later than 14 days prior to the continued hearing.


Appearances for the 9/23 hearing are excused.


****************************************************************************** Tentative for 5/27/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


This adversary was filed on March 11, 2020. The Court notes that, as of the posting of this tentative, the docket does not reflect any activity beyond the original filing. Thus, in addition to failing to serve the case initiating documents, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued March 11, 2020 [Dk. 2].

1:30 PM

CONT...


Lisa Duarte


Chapter 7


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


Party Information

Debtor(s):

Lisa Duarte Pro Se

Defendant(s):

Lisa Duarte Pro Se

Plaintiff(s):

Stacey Rose Represented By

Michael D Anderson Andrei Serpik

Trustee(s):

Karl T Anderson (TR) Pro Se

1:30 PM

6:20-14307


Pimlico Ranch, LLC


Chapter 11


#9.00


Law Office of Vida Halavi - movant attorney CONT. Motion for Relief from Stay

Prime Lending, LLC vs. DEBTOR (Motion filed 10/5/20)


From: 11/3/20)


Re: REAL PROPERTY RE: 25 Lot Residential Subdivision; SW Corner of Kalmia Street and Hayes Avenue APN 906-250-020 thru 046 Murrieta, California 92562


EH            


Docket 65


Tentative Ruling:

Tentative for 11/17/20 is to DENY.


The Court has carefully considered the Motion, the Oppositions filed by Debtor and by the Chapter 11 Trustee, Debtor's evidentiary objections and Movant's Reply.


For the significant amount of reasons stated in both the Trustee's and Debtor's Objections, and the evidentiary objections, this Court denies this Motion without prejudice.


Debtor's Evidentiary Objections to the Declaration of Vida Halavi filed in support of the Motion [Dk. 734] are ruled on as follows:


Paragraph 5 - Sustained. Hearsay.


Paragraph 6 - Sustained. Hearsay, lack of foundation, and the best evidence

1:30 PM

CONT...

rule.


Pimlico Ranch, LLC


Chapter 11


The Debtor's Evidentiary Objections the Declaration of Farzad Halavi filed in support of the Motion [Dkt. 75] are ruled on as follows:


Paragraph 5 (the portions objected to by the Debtor) - Sustained. Lack of foundation.


Paragraph 8 - Sustained. Lack of foundation.


Paragraph 12 (both objections) - Sustained. Lack of foundation.


Paragraphs 13, 14, 16 (both objections), and 17 (both objections) - Sustained.


The Debtor's Evidentiary Objections the Declaration of Farzad Halavi filed in support of the Motion [Dkt. 76] are ruled on as follows:


Paragraphs 11d (both objections), 11g, 11i, and 11j - Sustained. Lack of foundation.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1602434809 Meeting ID: 160 243 4809

Password: 312256

1:30 PM

CONT...

Pimlico Ranch, LLC

Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 243 4809


Password: 312256


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Pimlico Ranch, LLC Represented By Robert M Yaspan

Movant(s):

Prime Lending, LLC Represented By Vida Halavi

1:30 PM

6:20-14307


Pimlico Ranch, LLC


Chapter 11


#10.00


Hrg. on Disclosure Statement EH            

Docket 0


Tentative Ruling:

Tentative for 11/17/20 is to DENY.


The Court has carefully considered the proposed Disclosure Statement and Plan, the oobjections to approval of the proposed Disclosure Statement filed by the Chapter 11 Trustee of Ben Clymer's The Body Shop Perris, Inc., and the secured creditor Prime Lending, LLC, and Debtor's Omnibus Reply to the Objections.


For the significant amount of reasons stated in the Chapter 11 Trustee's Objection, this Court denies the approval of the Disclosure Statement without prejudice. Debtor is invited to file a new Disclosure Statement and Plan within thirty (30) days.


Debtor's Evidentiary Objections to the Declaration of Farzad Halavi filed in support of Prime Lending, LLC's Objection to Debtor's First Amended Plan [Dk. 90] are ruled on as follows:


Paragraph 6 (the portions objected to by Debtor) - Sustained. Lack of foundation. In the next presentation of evidence, the declarant needs to lay a proper foundation.


Paragraphs 8 (first sentence), 10, 11 - Overruled.


Paragraphs 12, 13, 14, 15, 16, 17, 18, 19 - Sustained. Lack of foundation. Paragraph 20 - Overruled.

1:30 PM

CONT...


Pimlico Ranch, LLC


Chapter 11

Paragraph 21 - Sustained. Lack of foundation. Paragraph 22 - Overruled.

Paragraph 23, 24 - Sustained. Lack of foundation. Paragraph 25 - Overruled.

Paragraph 26, 27 - Sustained. Lack of foundation.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1602434809 Meeting ID: 160 243 4809

Password: 312256

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 243 4809

Password: 312256

1:30 PM

CONT...

Pimlico Ranch, LLC

Chapter 11

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Pimlico Ranch, LLC Represented By Robert M Yaspan

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#11.00


Hrg. on Chapter 11 Trustee's application To Employ Setec Investigations As Computer Forensics Specialist and To Pay Compensation


EH     


Docket 209


Tentative Ruling:

Tentative for 11/17/20 is to APPROVE.


The protections requested by Creditor's Limited Opposition filed 11/3/20 [Dk. 241] are not related to the fact of the employment sought by Trustee's motion, and are, therefore, premature.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1602434809 Meeting ID: 160 243 4809

Password: 312256


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 243 4809

Password: 312256


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#12.00


Hrg. on chapter 11 trustee's Motion filed 10/27/20 for (1) Approval of Substantive Consolidation and (2) Authority to pursue avoidance actions


EH            


Docket 215


Tentative Ruling:

Tentative for 11/17/20 is to set an evidentiary hearing. The parties should be prepared to discuss scheduling at the 11/17 hearing.


The Court is inclined to conduct the evidentiary hearing virtually via Zoom for Government, on December 17, 2020, at 1:30 p.m. Any supplemental declarations shall be due by not later than December 7, 2020.


The Court requires additional evidence in support of the motion, including but not limited to the following:


  1. More specificity regarding how the finances of the entities sought to be consolidated are entangled and untraceable, or able to be traced at a very high expense;


  2. Why the creditors of the entities are being harmed by not consolidating the entities; and


  3. Why the objecting banks will not be harmed by the consolidation.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1602434809 Meeting ID: 160 243 4809

Password: 312256

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 243 4809

Password: 312256


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

1:30 PM

CONT...

Trustee(s):


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#13.00


Hrg. on creditor, Ben Clymer's The Body Shop Perris LLC.'s Motion To Compel Assumption Or Rejection Of Unexpired Lease And For Post-Petition Lease Payments, Or, In The Alternative, Motion To Lift Automatic Stay


EH     


Docket 204


Tentative Ruling:

Tentative for 11/17/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1602434809 Meeting ID: 160 243 4809

Password: 312256


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Meeting ID: 160 243 4809

Password: 312256


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:19-16136


Daniel D. Neifer


Chapter 7

Adv#: 6:20-01152 Whitmore, Chapter 7 Trustee v. Tyrone aka Jennifer Neifer


#22.00


STATUS CONFERENCE re: Complaint by Robert S. Whitmore, Chapter 7 Trustee against Jennifer Lynn Tyrone aka Jennifer Neifer for Recovery of money/property - 542 turnover of property; Recovery of money/property - 548 fraudulent transfer


EH            


Docket 1


Tentative Ruling:

Tentative for 11/18/20:


The Court is inclined to set the following dates and deadlines:


  1. Discovery cutoff: March 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: May 14, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: July 13, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference

1:30 PM

CONT...


Daniel D. Neifer


Chapter 7

capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1609486882 Meeting ID: 160 948 6882

Password: 741258

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 948 6882

Password: 741258


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

1:30 PM

CONT...

Debtor(s):


Daniel D. Neifer


Chapter 7

Daniel D. Neifer Represented By Gregory Ashcraft

Defendant(s):

Jennifer Lynn Tyrone aka Jennifer Pro Se

Plaintiff(s):

Robert S. Whitmore, Chapter 7 Represented By Hydee J Riggs

Trustee(s):

Robert Whitmore (TR) Represented By Hydee J Riggs

1:30 PM

6:20-13541


Mason Robert Entrican


Chapter 7

Adv#: 6:20-01139 Mayall v. Entrican


#23.00


STATUS CONFERENCE re: Amended Complaint by Alec Mayall against Mason Robert Entrican to Determine Dischargeability of Debt under Sections 523(a)(2) and 523(a)(4)


EH            


Docket 3


Tentative Ruling:

Tentative for 11/18/20:


The Court notes that, as of the date of the posting of this tentative, no status report has been filed. Therefore, the Parties have failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued August 24, 2020 [Dk. 4].


Accordingly, the Court will set a continued status conference date of January 20, 2021 at 1:30 p.m. and issue an order to show cause why the case should not be dismissed for lack of prosecution, to be heard on January 20, 2021. Any opposition to the order to show cause must be filed by January 6, 2021.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609486882

1:30 PM

CONT...


Mason Robert Entrican


Chapter 7


Meeting ID: 160 948 6882

Password: 741258

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 948 6882

Password: 741258


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Mason Robert Entrican Represented By Daniel King

1:30 PM

CONT...


Mason Robert Entrican


Chapter 7

Defendant(s):

Mason Robert Entrican Pro Se

Joint Debtor(s):

Qiana Lynette Dietz Represented By Daniel King

Plaintiff(s):

Alec Mayall Represented By

C Scott Rudibaugh

Trustee(s):

Howard B Grobstein (TR) Pro Se

9:30 AM

8:20-12097


Silvia Gallegos


Chapter 7


#1.00


Hearing RE: Reaffirmation Agreement Between Debtor And American Honda Finance Corporation

(Motion filed 10/1/2020)

(ES CASE]


[RE: 2018 Honda Accord - Amount: $23,226.49] [VIN No.: 1HGCV1F31JA217298]


Docket 11


Tentative Ruling:

Tentative for 11/18/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613090780 Meeting ID: 161 309 0780

Password: 730632


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Silvia Gallegos


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 309 0780

Password: 730632


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Silvia Gallegos Represented By Kevin J Kunde

Trustee(s):

Thomas H Casey (TR) Pro Se

9:30 AM

8:20-12237


Oscar Castillo Chavarrin and Blanca Rosa Orozco


Chapter 7


#2.00


Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Santander Consumer USA, Inc.

(Motion filed 10/2/2020)

[ES CASE]


[RE: 2014 Nissan Altima - Amount: $8,776.46] [VIN No: 1N4AL3AP7EN247136]


Docket 7


Tentative Ruling:

Tentative for 11/18/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613090780 Meeting ID: 161 309 0780

Password: 730632


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Oscar Castillo Chavarrin and Blanca Rosa Orozco


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 309 0780

Password: 730632


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Oscar Castillo Chavarrin Pro Se

Joint Debtor(s):

Blanca Rosa Orozco Pro Se

Trustee(s):

Richard A Marshack (TR) Pro Se

9:30 AM

8:20-12237


Oscar Castillo Chavarrin and Blanca Rosa Orozco


Chapter 7


#3.00


Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc.

(Motion filed 10/2/2020)

[ES CASE]


[RE: 10 Honda Civic - Amount: $4,211.53] [VIN No.: 2HGFG1B62AH523743]


Docket 8


Tentative Ruling:

Tentative for 11/18/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613090780 Meeting ID: 161 309 0780

Password: 730632


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Oscar Castillo Chavarrin and Blanca Rosa Orozco


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 309 0780

Password: 730632


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Oscar Castillo Chavarrin Pro Se

Joint Debtor(s):

Blanca Rosa Orozco Pro Se

Trustee(s):

Richard A Marshack (TR) Pro Se

9:30 AM

8:20-12295


Miguel Augusto Grano and Valeria Analia Grano


Chapter 7


#4.00


Hearing RE: Reaffirmation Agreement Between Debtor And Wells Fargo Bank,

N.A., d/b/a Wells Fargo Auto (Motion filed 9/28/2020)


[RE: 2015 Nissan Versa - Amount: $4,224.32] [VIN No.: 3N1CE3CP4FL394541]


Docket 8


Tentative Ruling:

Tentative for 11/18/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613090780 Meeting ID: 161 309 0780

Password: 730632


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Miguel Augusto Grano and Valeria Analia Grano


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 309 0780

Password: 730632


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Miguel Augusto Grano Represented By Sara E Razavi

Joint Debtor(s):

Valeria Analia Grano Represented By Sara E Razavi

Trustee(s):

Richard A Marshack (TR) Pro Se

9:30 AM

8:20-12370


Samantha Michelle Flores


Chapter 7


#5.00


Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation

(Motion filed 10/13/2020)

[ES CASE]


[RE: 2016 Toyota Corolla - Amount: $8,811.35] [VIN No.: 5YFBURHE7GP506281]


Docket 10


Tentative Ruling:

Tentative for 11/18/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613090780 Meeting ID: 161 309 0780

Password: 730632


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Samantha Michelle Flores


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 309 0780

Password: 730632


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Samantha Michelle Flores Represented By Barry E Borowitz

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:30 AM

8:20-12556


Anna Hwang


Chapter 7


#6.00


Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation

(Motion filed 10/13/2020)

[ES CASE]


RE: 2017 Lexus RX350 - Amount: $12,982.43] [VIN No.: 2T2ZZMCA3HC036013]


Docket 18


Tentative Ruling:

Tentative for 11/18/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613090780 Meeting ID: 161 309 0780

Password: 730632


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Anna Hwang


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 309 0780

Password: 730632


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Anna Hwang Represented By

Ji Yoon Kim

Trustee(s):

Weneta M Kosmala (TR) Pro Se

10:00 AM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#6.10


Hearing RE: Motion For Reconsideration Pursuant To FRCP 60(b) (Motion filed 11/4/2020)


Docket 32

*** VACATED *** REASON: CONTINUED TO DECEMBER 16, 2020 AT 11:00 A.M. PER ORDER CONTINUING HEARING ON MOTION FOR RECONSIDERATION AND SETTING BRIEFING SCHEDULE ENTERED 11-5-2020 - (DOCKET NO. [34])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran

Defendant(s):

Alisandro Romero Represented By Thomas J Polis

Plaintiff(s):

Michael Petersen Pro Se

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

10:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01123 Scottsdale Insurance Company v. Castanon


#7.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint RE: Declaratory Relief Pursuant To 28 U.S.C. Sections 2201, 2202 And 1332

[Complaint Transferred From U.S. District Court on 7/20/2020]

[8:20-ap-01104-SC (Lead) consolidated with 8:20-ap-01123-SC (Member)]


FR: 10-21-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER OF CONSOLIDATION ENTERED 10-27-2020 [CASE CONSOLIDATED WITH LEAD ADVERSARY CASE 8:20-01104-SC] - DOCKET NO. [7])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Michael E Castanon Represented By Carlos A De La Paz

Plaintiff(s):

Scottsdale Insurance Company Represented By Sabrina C Haurin Valerie D Rojas Christopher B Burch

Trustee(s):

Richard A Marshack (TR) Represented By

10:00 AM

CONT...


Luminance Recovery Center, LLC


D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch


Chapter 7

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01171 Casey v. Downs


#8.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint: Avoidance Of Transfers Under CCC Section 3439.04(a)(1) & (2) and 3439.05; Recovery; Preservation; Declaratory Relief; Turnover; and Attorneys' Fees And Costs (Complaint filed 9/17/2020)

(Another summons issued on 11/27/2018)

[Case transferred from CB on 7/31/2020]


FR: 2-12-19; 4-23-19; 6-25-19; 9-10-19; 12-3-19; 3-24-20


Docket 1


Tentative Ruling:

Tentative for 11/18/20 is to CONTINUE to December 16, 2020, at 11:00 a.m., in light of the Settlement Motion filed in the main case, 16-12589 [Dk. 959], which indicates that a dismissal of this adversary proceeding may be forthcoming.


Appearances for the 11/18 hearing are excused.


Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Whitney Downs Pro Se

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch

11:00 AM

CONT...

Trustee(s):


Andrea Steinmann Downs


Chapter 7

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01048 Marshack v. Queen Funding LLC


#9.00


CONT'D Hearing RE: Motion To Strike Defendants Answer To The Complaint And For Entry Of Default

(Motion filed 8/11/2020) FR: 9-30-20

Docket 58

*** VACATED *** REASON: CONTINUED TO JANUARY 6, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ON MOTION TO STRIKE ANSWER AND FOR ENTRY OF DEFAULT ENTERED 11-5-2020 - (DOCKET NO. [73])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Queen Funding LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

11:00 AM

CONT...


Luminance Recovery Center, LLC


D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch


Chapter 7

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01048 Marshack v. Queen Funding LLC


#10.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For: Avoidance Of Preferential Transfers; Avoidance Of Fraudulent Transfers; Recovery Of Property; Preservation Of Avoided Transfers; Disallowance Of Claims; Turnover;

Fraud; Equitable Subordination; Declaratory Relief; and Usury (Complaint filed 3/20/19)

(Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)

(PTC converted to S/C per Order Entered 6-24-2020 (docket no. [24])


FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 5-27-20; 7-1-20 at 10:00

a.m.; 7-1-20; 9-2-20; 9-30-20


Docket 31


Tentative Ruling:

Tentative for 11/18/20 is to CONTINUE to January 6, 2021, at 1:30 p.m., to be heard concurrently with Plaintiff's motion to strike. A status report is required 14 days in advance.


Appearances for the 11/18 hearing are excused.


****************************************************************************** Tentative for 9/30/20 is to CONTINUE to November 18, 2020, at 11:00 a.m., to be heard concurrently with Plaintiff's motion to strike. A status report is required 14 days in advance.


Appearances for the 9/30 hearing are excused.


*****************************************************************************

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

Tentative for 9/2/20 is to CONTINUE to September 30, 2020 at 11:00 a.m. to be heard concurrently with Plaintiff's motion to strike filed August 11, 2020 [Dk. 58]. A status report is not required.


Appearances for the 9/2 hearing are excused.


**************************************************************************** Tentative for 7/1/20 is to CONTINUE to September 2, 2020 at 11:00 a.m.


As of the posting of this tentative, the parties have not filed a pretrial stipulation in compliance with the requirements of LBR 7016-1(b). If the parties fail to comply with applicable rules and instructions in the future, the Court may dismiss this adversary proceeding pursuant to LBR 7016-1(f).


Appearances for the 7/1 hearing are excused.


*********************************************************************************** Tentative for 11/06/19:


The Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: March 06, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: April 17, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: May 27, 2020 at 11:00 a.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

********************************************************************************** Tentative for 6/26/19:


This matter is CONTINUED to September 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


Debtor(s):


Party Information

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Queen Funding LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch

11:00 AM

CONT...


Luminance Recovery Center, LLC


Faye C Rasch


Chapter 7

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01034 Marshack v. Jaid Appliance


#11.00


STATUS CONFERENCE Hearing RE: Complaint For: Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 and 3439.05 et seq.]

(Complaint filed 3/20/2020) FR: 6-10-20; 8-19-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF AN ADVERSARY PROCEEDING FILED 11-4-2020 - (DOCKET NO. [12])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Jaid Appliance Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy

11:00 AM

CONT...


Luminance Recovery Center, LLC


Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch


Chapter 7

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01036 Marshack v. Krohn Construction


#12.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

  1. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C.

    Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers

[11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)

(PTC set at S/C held 7/15/2020)


FR: 6-10-20; 7-15-20


Docket 1

*** VACATED *** REASON: CONTINUED TO JANUARY 20, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRETRIAL CONFERENCE AND EXENDED RELATED SCHEDULING ORDER DEADLINES ENTERED 8-27-2020 - (DOCKET NO. [17])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Krohn Construction Represented By Reed H Olmstead

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack

11:00 AM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

11:00 AM

8:18-13140


Martin Lambaren


Chapter 7

Adv#: 8:18-01214 Trinity Equipment Rentals, Inc. v. Lambaren


#13.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Determination Of Nondischargeability Of Debt

[11 U.S.C. Sections 523(a)(2), (a)(4), And (a)(6)]

(Complaint filed 12/3/2018]

[Case transferred from CB on 7/31/2020]


FR: 2-26-19; 5-28-19; 9-3-19; 11-5-19; 2-25-20; 4-28-20; 6-23-20; 7-21-20;

8-4-20; 8-19-20; 10-21-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION RE JUDGMENT OF NON- DISCHARGEABILITY ENTERED 10-27-2020 - (DOCKET NO. [27])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Martin Lambaren Represented By Douglas A Crowder

Defendant(s):

Martin Lambaren Represented By Douglas A Crowder

Joint Debtor(s):

Heather Stovall Represented By Douglas A Crowder

Plaintiff(s):

Trinity Equipment Rentals, Inc. Represented By

11:00 AM

CONT...


Trustee(s):


Martin Lambaren


Michael J Walsh


Chapter 7

Richard A Marshack (TR) Pro Se

11:00 AM

8:18-13666


Brooks T Morgan


Chapter 7

Adv#: 8:20-01101 Casey v. Morgan


#14.00


Hearing RE: Order Directing Plaintiff, Thomas H. Casey, Trustee For The Estate Of Brooks T. Morgan, Through Counsel, To Appear And Show Cause Why This Adversary Proceeding Seeking To Deny Debtor's Discharge Should Not Be Dismissed In Light Of The Order Approving Debtor's Waiver Of Discharge Pursuant To 11 U.S.C. Section 727(a)(10) Entered September 8, 2020 (Docket No.

[397] In The Main Case, No. 8:18-bk-13666-SC (Set per OSC Entered 9-23-2020)


Docket 23

*** VACATED *** REASON: OFF CALENDAR - PER ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING ENTERED 9-25-2020 - (DOCKET NO. [26])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Brooks T Morgan Represented By Donald W Sieveke

Defendant(s):

Brooks T. Morgan Represented By Donald W Sieveke

Plaintiff(s):

Thomas H Casey Represented By Thomas H Casey

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

11:00 AM

8:19-10347


Hassan Abbas Kassir


Chapter 7

Adv#: 8:19-01080 Marshack v. Kassir


#15.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727

(Complaint filed 5/6/19)

(Another summons issued 6/17/19) (PTC set at S/C held 11-20-19)


FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20


Docket 1


Tentative Ruling:

Tentative for 11/18/20:


The Court has received and reviewed the Joint Pre-Trial Stipulation filed on 11/4/20 [Dk. 73]. At the 11/18 hearing, the parties should be prepared to discuss the relevance of the "issues of fact" beginning on Page 8 as matters #21 – 34, # 48, #56 – 57, #68, #70 – 72, #79 – 81, and #84 – 89, and "issues of law"

beginning on Page 20 as matters #6 – #9.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616888953 Meeting ID: 161 688 8953

11:00 AM

CONT...


Hassan Abbas Kassir


Chapter 7


Password: 334571

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 688 8953

Password: 334571


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


**************************************************************************** Tentative for 11/20/19:


The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.


The Court is inclined to set the following dates/deadlines:

11:00 AM

CONT...


Hassan Abbas Kassir


Chapter 7

  1. Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: May 13, 2020 at 11:00 a.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.

Party Information

Debtor(s):

Hassan Abbas Kassir Pro Se

Defendant(s):

Hassan Abbas Kassir Pro Se

Plaintiff(s):

Richard A Marshack Represented By Donald W Sieveke

Trustee(s):

Richard A Marshack (TR) Represented By Donald W Sieveke

11:00 AM

8:19-11389


Kiet Tuan Tran


Chapter 7

Adv#: 8:20-01062 Kosmala v. Ho


#16.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Judgment:

  1. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 544 And California Civil Code Section 3439.04(a)(1);

  2. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 544 And California Civil Code Section 3439.04(a)(2);

  3. Recovery Of Transfer Pursuant To 11 U.S.C. Section 550;

  4. Preserving Transfer Pursuant To 11 U.S.C. Section Section 551;

  5. For Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And

  6. For Turnover Of Property Of The Estate (Complaint filed 4/22/2020)

    (PTC set at S/C held 7/15/2020)


    Docket 1

    *** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION OF CHAPTER 7 TRUSTEE FOR SUMMARY JUDGMENT AGAINST NGAN KIM HO ENTERED 9-29-2020 - (DOCKET NO. [25])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Kiet Tuan Tran Pro Se

    Defendant(s):

    Ngan Kim Ho Represented By

    Phu D Nguyen

    Plaintiff(s):

    Weneta M.A. Kosmala Represented By Jeffrey I Golden

    11:00 AM

    CONT...


    Trustee(s):


    Kiet Tuan Tran


    Reem J Bello


    Chapter 7

    Weneta M Kosmala (TR) Represented By Reem J Bello

    11:00 AM

    8:19-13560


    Eagan Avenatti, LLP


    Chapter 7


    #17.00


    Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)


    Docket 212


    Tentative Ruling:

    Tentative for 11/18/20:


    In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


    The 11/18 hearing is hereby vacated; appearances will not be permitted.

    Party Information

    Debtor(s):

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    Trustee(s):

    Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

    Judith E Marshack John P. Reitman Meghan C Murphey

    11:00 AM

    8:19-13560


    Eagan Avenatti, LLP


    Chapter 7


    #18.00


    Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR

    (Motion filed 10/16/2020)


    Docket 219


    Tentative Ruling:

    Tentative for 11/18/20:


    In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


    The 11/18 hearing is hereby vacated; appearances will not be permitted.

    Party Information

    Debtor(s):

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    Trustee(s):

    Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

    Judith E Marshack John P. Reitman Meghan C Murphey

    11:00 AM

    8:19-13560


    Eagan Avenatti, LLP


    Chapter 7

    Adv#: 8:19-01186 Marshack v. Avenatti et al


    #19.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers; Preference; Declaratory Relief; Turnover; Preliminary And Permanent Injunction; Breach Of Fiduciary Duty; Disallowance Of Proofs Of Claim; Equitable Subordination

    (Complaint filed 9/16/2019)

    (Adversary case transferred from CB on 7/31/2020)

    (S/C advanced from 9-29-20 per Order Entered 8/7/2020)


    FR: 12-2-19; 2-25-20; 3-31-20; 6-2-20; 9-23-20;


    Docket 1


    Tentative Ruling:

    Tentative for 11/18/20:


    The Court will CONTINUE this status conference to June 2, 2021, at 1:30 p.m. A status report is due 14 days in advance.


    Appearances for the 11/18 hearing are excused.


    **************************************************************************** Tentative for 9/23/20:


    Virtual appearances are required. The parties should be prepared to discuss whether this matter should be stayed as to all Defendants pending the resolution of Defendant Avenatti's criminal proceeding. The Court is not inclined to stay this matter in a piecemeal fashion.


    The court is inclined to CONTINUE to November 18, 2020, at 11:00 a.m. A status report is due 14 days in advance.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Eagan Avenatti, LLP


    Chapter 7

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    Defendant(s):

    Michael Avenatti Represented By Ryan D O'Dea

    Lisa Storie-Avenatti Pro Se

    Avenatti & Associates APC Represented By Ryan D O'Dea

    Plaintiff(s):

    Richard A Marshack Represented By Jack A. Reitman

    Trustee(s):

    Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

    Judith E Marshack John P. Reitman Meghan C Murphey

    11:00 AM

    8:20-10032


    Christina Olinger


    Chapter 7

    Adv#: 8:20-01048 Rosenbaum v. Olinger et al


    #20.00


    CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A), To Object To Debtor's Discharge Pursuant To 11 U.S.C. Section 727, And To Avoid Fraudulent Transfer Of Estate Property Pursuant To 11 U.S.C. Sections 548 And 544(b) (Complaint filed 4/13/2020)

    [Third Claim of Relief Dismissed with Prejudice against Defendants F3 Custom, LLC and Su T. Dang on 6-10-2020 - docket no. [14])

    (PTC set per Order Entered 6-25-2020 - (docket no. [18])


    FR: 7-1-20 at 10:00 a.m; 7-1-20 at 11:00 a.m.


    Docket 1

    *** VACATED *** REASON: OFF CALENDAR; ORDER APPROVING STIPULATION DISMISSING ALL CAUSES OF ACTION IN THE COMPLAINT ENTERED 11/16/2020, - (DOCKET NO. [25])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Christina Olinger Represented By Michael D Franco

    Defendant(s):

    Christina Olinger Represented By David Brian Lally

    Velocity Manufacturing Group, Pro Se

    Grasshopper, LLC Pro Se

    F3 Custom, LLC Represented By

    11:00 AM

    CONT...


    Christina Olinger


    Glenn Ward Calsada


    Chapter 7

    Su T. Dang Represented By

    Glenn Ward Calsada

    Plaintiff(s):

    Ron Rosenbaum Represented By Darren G Smith

    Trustee(s):

    Karen S Naylor (TR) Pro Se

    11:00 AM

    8:20-10376


    Cody Lee Engelmann


    Chapter 7

    Adv#: 8:20-01027 Hesse v. Engelmann


    #21.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debts under 11 U.S.C. Section 523(a)(6)

    (Complaint filed 3/13/2020)

    (First Amended Complaint filed 10/2/2020)

    [Adversary transferred from CB on 7/31/2020]


    FR: 6-2-20; 9-29-20; 9-30-20


    Docket 20


    Tentative Ruling:

    Tentative for 11/18/20:


    The Court is inclined to set the following dates and deadlines:


    1. Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: March 5, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: April 28, 2021, at 1:30 p.m.


      The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


      Plaintiff is to lodge a scheduling order within seven (7) days.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for

      11:00 AM

      CONT...


      Cody Lee Engelmann


      Chapter 7

      Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1616888953 Meeting ID: 161 688 8953

      Password: 334571

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 688 8953

      Password: 334571


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the

      11:00 AM

      CONT...


      Cody Lee Engelmann


      Chapter 7

      imposition of monetary and non-monetary sanctions.


      ****************************************************************************

      Tentative for 9/30/20 is to CONTINUE to November 18, 2020, at 11:00 a.m. A status report is due 14 days in advance.


      Appearances for the 9/30 hearing are excused.

      Party Information

      Debtor(s):

      Cody Lee Engelmann Represented By

      James D. Hornbuckle

      Defendant(s):

      Cody Lee Engelmann Represented By

      James D. Hornbuckle

      Plaintiff(s):

      Michael V Hesse Represented By Michael V Hesse

      Trustee(s):

      Thomas H Casey (TR) Pro Se

      10:00 AM

      8:20-12129


      Damion Michael Pugh


      Chapter 7


      #1.00


      Motion for relief from stay [Personal Property]


      VW Credit Leasing, Ltd. vs. DEBTOR (Motion filed 10/14/2020)


      [RE: 2017 Audi RS7 - VIN No.: WUAWRAFCXHN902180]


      Docket 10


      Tentative Ruling:

      Tentative for 11/19/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.



      Party Information

      Debtor(s):

      Damion Michael Pugh Represented By

      10:00 AM

      CONT...


      Trustee(s):


      Damion Michael Pugh


      Jeffrey B Smith


      Chapter 7

      Thomas H Casey (TR) Pro Se

      10:00 AM

      8:20-12159


      Gerardo Camacho Alvarez


      Chapter 7


      #2.00


      Motion for relief from stay [Personal Property]


      VW Credit, Inc. vs. DEBTOR (Motion filed 10/16/2020)


      [RE: 2012 Audi A420 - VIN. No: WAUEFAFL5CN004447]


      Docket 9


      Tentative Ruling:

      Tentative for 11/19/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.



      Party Information

      Debtor(s):

      Gerardo Camacho Alvarez Represented By

      10:00 AM

      CONT...


      Movant(s):


      Gerardo Camacho Alvarez


      Anthony B Vigil


      Chapter 7

      VW Credit Inc. Represented By Kirsten Martinez

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:20-12351


      Antonio Navarrete


      Chapter 7


      #3.00


      Motion for relief from stay [Personal Property]


      Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 10/8/2020)


      [RE: 2018 Toyota Camry - VIN No.: 4T1B11HK2JU083373]


      Docket 9


      Tentative Ruling:

      Tentative for 11/19/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Antonio Navarrete Represented By

      J.D. Cuzzolina

      10:00 AM

      CONT...

      Movant(s):


      Antonio Navarrete


      Chapter 7

      TOYOTA MOTOR CREDIT Represented By Kirsten Martinez

      Trustee(s):

      Richard A Marshack (TR) Pro Se

      10:00 AM

      8:20-12571


      Candise Nomellini


      Chapter 7


      #4.00


      Motion for relief from stay [Personal Property]


      Santander Consumer USA Inc. vs. DEBTOR (Motion filed 10/14/2020)


      [RE: 2011 Buick Enclave - VIN. No: 5GAKRCED1BJ383473]


      Docket 8


      Tentative Ruling:

      Tentative for 11/19/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Candise Nomellini Represented By Christopher J Langley

      10:00 AM

      CONT...

      Movant(s):


      Candise Nomellini


      Chapter 7

      Santander Consumer USA Inc. Represented By Sheryl K Ith

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:20-12635


      Clayton Dellena Calhoun III


      Chapter 7


      #5.00


      Motion for relief from stay [Personal Property]


      Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 10/20/2020)


      [RE: 2017 Toyota Camry - VIN No.: 4T1BF1FK8HU783204]


      Docket 15


      Tentative Ruling:

      Tentative for 11/19/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Clayton Dellena Calhoun III Represented By Laleh Ensafi

      10:00 AM

      CONT...

      Trustee(s):


      Clayton Dellena Calhoun III


      Chapter 7

      Thomas H Casey (TR) Pro Se

      11:00 AM

      8:16-11389


      Carl Vernon and Serene Vernon


      Chapter 11


      #6.00


      CONT'D Hearing RE: Post-Confirmation Debtor's Motion For Discharge Of Their Individual Chapter 11 Case

      (Motion filed 9/10/2020) FR: 10-8-20

      Docket 176


      Tentative Ruling:

      Tentative for 11/19/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      ****************************************************************************** Tentative for 10/8/20 is to CONTINUE to November 19, 2020, at 11:00 a.m., to allow the Debtor to effectuate proper service on Chase Bank.


      The filed proof of service indicates that Chase Bank was served to a P.O. Box; however, this Court requires that service be made to the attention of an officer, or agent authorized to receive service of process, pursuant to FRBP 7004(c).


      Appearances for the 10/8 hearing are excused.

      11:00 AM

      CONT...


      Debtor(s):


      Carl Vernon and Serene Vernon

      Party Information


      Chapter 11

      Carl Vernon Represented By

      John H Bauer

      Joint Debtor(s):

      Serene Vernon Represented By John H Bauer

      Movant(s):

      Carl Vernon Represented By

      John H Bauer John H Bauer

      11:00 AM

      8:16-11389


      Carl Vernon and Serene Vernon


      Chapter 11


      #7.00


      CONT'D Hearing RE: Motion In Chapter 11 Case For Entry Of A Final Decree And Order Closing Case

      (Motion filed 9/10/2020) FR: 10-7-20


      Docket 178


      Tentative Ruling:

      Tentative for 11/19/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      ***************************************************************************** Tentative for 10/8/20 is to CONTINUE to November 19, 2020, at 11:00 a.m., to allow the Debtor to effectuate proper service on Chase Bank.


      The filed proof of service indicates that Chase Bank was served to a P.O. Box; however, this Court requires that service be made to the attention of an officer, or agent authorized to receive service of process, pursuant to FRBP 7004(c).


      Appearances for the 10/8 hearing are excused.

      11:00 AM

      CONT...


      Debtor(s):


      Carl Vernon and Serene Vernon

      Party Information


      Chapter 11

      Carl Vernon Represented By

      John H Bauer

      Joint Debtor(s):

      Serene Vernon Represented By John H Bauer

      Movant(s):

      Carl Vernon Represented By

      John H Bauer John H Bauer

      11:00 AM

      8:17-12010


      TD REO Fund LLC


      Chapter 11

      Adv#: 8:19-01087 TD REO Fund LLC v. Nih


      #8.00


      STATUS CONFERENCE Hearing RE: Settlement (Set per Order Entered 4-30-2020 - Docket No. [26])


      Docket 1

      *** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING PURSUANT TO A COURT-APPROVED SETTLEMENT AGREEMENT ENTERED 10-27-2020 - (DOCKET NO. [31])

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      TD REO Fund LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

      Defendant(s):

      Paul Nih Represented By

      Donald W Reid

      Plaintiff(s):

      TD REO Fund LLC Represented By Michael W Davis

      11:00 AM

      8:20-12611


      Stephen Jairyun Jung


      Chapter 11


      #9.00


      Motion for relief from stay [Personal Property]


      Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 10/26/2020)


      [RE: 2016 Ford Transit Cargo Van - VIN No.: 1FTYE1YGXGKA36644]


      Docket 43

      *** VACATED *** REASON: OFF CALENDAR - CASE TRANSFERRED ON 11-3-2020 TO JUDGE KLEIN - NEW CASE NUMBER ASSIGNED 2:20-bk-19963-SK - (LOS ANGELES DIVISION)

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Stephen Jairyun Jung Represented By Jaenam J Coe

      11:00 AM

      8:20-12611


      Stephen Jairyun Jung


      Chapter 11


      #10.00


      Hearing RE: Motion In Individual Chapter 11 Case For Order Authorizing Use Of Cash Collateral

      (Motion filed 10/16/2020)

      (Amended Notice of Hearing filed 10/28/2020)


      Docket 33

      *** VACATED *** REASON: OFF CALENDAR - CASE TRANSFERRED ON 11-3-2020 TO JUDGE KLEIN - NEW CASE NUMBER ASSIGNED 2:20-bk-19963-SK - (LOS ANGELES DIVISION)

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Stephen Jairyun Jung Represented By Jaenam J Coe

        11:00 AM

        8:20-12686


        TNP 3745 Pentagon Blvd., LLC


        Chapter 11


        #11.00


        Hearing RE: Debtor's Motion For Voluntary Dismissal Of Chapter 11 Case (Motion filed 10/29/2020)


        Docket 18

        *** VACATED *** REASON: CONTINUED TO DECEMBER 3, 2020 PER ORDER GRANTING STIPULATION TO CONTINUE HEARING RE:

        1. DEBTOR'S MOTION FOR VOLUNTARY DISMISSAL OF CHAPTER 11 CASE AND (2) CHAPTER 11 STATUS CONFERENCE ENTERED ON 11/17/2020 (DOCKET NO. # [30])

          Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        TNP 3745 Pentagon Blvd., LLC Represented By Leonard M Shulman

        11:00 AM

        8:20-12686


        TNP 3745 Pentagon Blvd., LLC


        Chapter 11


        #12.00


        STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

        1. Requiring Status Report (Petition filed 9/25/2020)


          Docket 6

          *** VACATED *** REASON: CONTINUED TO DECEMBER 3, 2020 PER ORDER GRANTING STIPULATION TO CONTINUE HEARING RE:

          1. DEBTOR'S MOTION FOR VOLUNTARY DISMISSAL OF CHAPTER 11 CASE AND (2) CHAPTER 11 STATUS CONFERENCE ENTERED ON 11/17/2020 (DOCKET NO. # [30])

            Tentative Ruling:

      • NONE LISTED -

      Party Information

      Debtor(s):

      TNP 3745 Pentagon Blvd., LLC Represented By Leonard M Shulman

      11:00 AM

      8:17-11996


      WJA Asset Management LLC


      Chapter 11


      #13.00


      Hearing RE: Motion Of Clairton Residential Renewal For An Order Authorizing Sale Of Real Property Subject To Liens, Claims And Encumbrances

      (Motion filed 10/29/2020)


      Docket 1335


      Tentative Ruling:

      Tentative for 11/19/20 is to GRANT.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1605402576 Meeting ID: 160 540 2576

      Password: 114563


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 160 540 2576

      11:00 AM

      CONT...


      WJA Asset Management LLC


      Chapter 11

      Password: 114563


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      WJA Asset Management LLC Represented By

      Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

      Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

      1:00 PM

      8:19-11843


      Adam Foster


      Chapter 7

      Adv#: 8:19-01172 Cervantes v. Foster


      #14.00


      TRIAL RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11

      U.S.C. Section 523(a)(5) And (a)(15) (Complaint filed 8/26/19)

      (PTC set at S/C held 11/20/19)

      (PTC reset per Order Entered 9-11-2020 - Docket No. [34]) (Trial set at PTC held 10/21/2020)


      FR: 11-20-19; 5-13-20; 6-24-20; 8-19-20; 10-21-20


      Docket 1


      Tentative Ruling:

      Tentative for 11/19/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1616537306 Meeting ID: 161 653 7306

      Password: 999455


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

      1:00 PM

      CONT...


      Adam Foster


      Chapter 7

      conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 653 7306

      Password: 999455


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Adam Foster Represented By

      Amanda G Billyard

      Defendant(s):

      Adam Thomas Foster Represented By

      Richard L. Sturdevant Natali A Ron

      Plaintiff(s):

      Trina C. Cervantes Represented By Natali A Ron

      Richard L. Sturdevant

      1:00 PM

      CONT...

      Trustee(s):


      Adam Foster


      Chapter 7

      Richard A Marshack (TR) Pro Se

      9:30 AM

      6:19-10538


      Raymond Richard Quinto,, Jr.


      Chapter 7

      Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al


      #2.00


      CONT'D TRIAL re: Complaint by Steven M Speier, Chapter 7 Trustee against Jeffrey Pont, Shantal Pont for: (1) Avoidance and Recovery of Fraudulent Transfers Pursuant to §§ 544, 548, 550 and CA Civ. Code §§ 3439.04, 3439.07; and (2) Preservation of Avoided and Recovered Transfers Pursuant to § 551. [TRIAL set at PT held 2/19/2020]

      [Trial set as "initial Trial date per Order Entered 8/3/2020] From: 8/25/20


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: Order approving stipulation between plaintiff and defendants to dismiss adversary proceeding with prejudice entered on 8/12/20 (doc. 30) - jc

      Party Information

      Raymond Richard Quinto, Jr. Represented By John D Faucher

      Defendant(s):

      Jeffrey Pont Pro Se

      Shantal Pont Pro Se

      Plaintiff(s):

      Steven M Speier, Chapter 7 Trustee Represented By

      Robert P Goe Ryan S Riddles

      Trustee(s):

      Steven M Speier (TR) Represented By Robert P Goe

      9:30 AM

      CONT...


      Raymond Richard Quinto,, Jr.


      Elizabeth A LaRocque


      Chapter 7


      Monday, November 23, 2020 Hearing Room 5C


      9:30 AM

      8:19-10153


      Thomas Joseph Lynch, JR


      Chapter 7

      Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch


      #1.00


      TRIAL RE: First Amended Complaint To Determine The Dischargeability Of Debts Pursuant To 11 U.S.C. Section 523(a)(2)(A)

      (Complaint filed 4/23/19)

      (First Amended Complaint filed 7/3/19) (PTC set at S/C held 10/2/19)

      (Trial set at PTC held 6/24/2020)


      FR: 7-17-19; 10-2-19; 4-29-20; 6/24/20


      Docket 8


      Debtor(s):

      *** VACATED *** REASON: OFF CALENDAR - ORDER ON STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING ENTERED 7-6-2020 - (DOCKET NO. [57])

      Party Information

      Thomas Joseph Lynch JR Pro Se

      Defendant(s):

      Thomas Joseph Lynch Jr. Pro Se

      Plaintiff(s):

      NuVision Federal Credit Union Represented By Alana B Anaya

      Trustee(s):

      Karen S Naylor (TR) Pro Se

      10:00 AM

      8:20-13223


      Innovation Pet, Inc., a California corporation


      Chapter 11


      #1.00


      Hearing RE: Debtor And Debtor-In-Possession's Emergency Motion For Entry Of Interim And Final Orders Authorizing: (1) Debtor To Obtain Postpetition Financing Pursuant To 11 U.S.C. Sections 105, 361, 362 And 364; (2) Debtor To Enter Into A License Agreement And Secondment Agreement With The Stalking Horse Bidder; (3) Directing Turnover And Sequestration Of Cash Collateral; And (4) Granting Related Relief

      (Motion filed 11/20/2020)


      Docket 5


      Tentative Ruling:

      Tentative for 11/24/20:


      Debtor should appear virtually and be prepared to provide greater detail regarding Debtor's financial performance, especially with respect to the cash flow issues that Debtor encountered beginning in 2019. See Coopman Declaration [Dk. 9, ¶ 22].


      Further, the Court requests that Debtor submit a supplemental declaration by no later than 5:00 p.m. on 11/23, which provides additional background information on the loans described in the Coopman Declaration. Specifically, the supplement should contain the missing exhibits (A and B) to the Intercreditor Agreement, Exhibit A to the Coopman Declaration, as well as any original notes, amendments to those notes, security agreements, and personal guarantees related to the loans.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

      10:00 AM

      CONT...


      Innovation Pet, Inc., a California corporation


      Chapter 11

      and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1606929098 Meeting ID: 160 692 9098

      Password: 943310

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 692 9098

      Password: 943310


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Innovation Pet, Inc., a California Represented By

      James C Bastian Jr Melissa Davis Lowe

      10:00 AM

      CONT...

      Trustee(s):


      Innovation Pet, Inc., a California corporation


      Chapter 11

      Mark M Sharf (TR) Pro Se

      10:00 AM

      8:20-13223


      Innovation Pet, Inc., a California corporation


      Chapter 11


      #2.00


      Hearing RE: Chapter 11 Debtor's Emergency Motion For Order: (1) Approving Procedures In Connection With The Sale Of Substantially All Of The Debtor's Assets; (2) Scheduling A Hearing On A Separate Motion To Approve The Sale Of Assets; And (3) Granting Related Relief

      (Motion filed 11/20/2020)


      Docket 8


      Tentative Ruling:

      Tentative for 11/24/20:


      Debtor should appear virtually and be prepared to provide greater detail regarding Debtor's financial performance, especially with respect to the cash flow issues that Debtor encountered beginning in 2019. See Coopman Declaration [Dk. 9, ¶ 22].


      Further, the Court requests that Debtor submit a supplemental declaration by no later than 5:00 p.m. on 11/23, which provides additional background information on the loans described in the Coopman Declaration. Specifically, the supplement should contain the missing exhibits (A and B) to the Intercreditor Agreement, Exhibit A to the Coopman Declaration, as well as any original notes, amendments to those notes, security agreements, and personal guarantees related to the loans.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      10:00 AM

      CONT...


      Innovation Pet, Inc., a California corporation


      Chapter 11

      Videoconference URL: https://cacb.zoomgov.com/j/1606929098 Meeting ID: 160 692 9098

      Password: 943310

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 692 9098

      Password: 943310


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Innovation Pet, Inc., a California Represented By

      James C Bastian Jr Melissa Davis Lowe

      10:00 AM

      CONT...

      Trustee(s):


      Innovation Pet, Inc., a California corporation


      Chapter 11

      Mark M Sharf (TR) Pro Se

      10:00 AM

      6:20-16509


      Charline Lewis


      Chapter 7


      #1.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Santander Consumer USA vs. DEBTOR, Charles Daff, trustee (Motion filed 10/26/20)


      Re: 2018 Jeep Renegade, VIN: ZACCJBAB4JPJ52040


      EH     


      Docket 10


      Tentative Ruling:

      Tentative for 12/1/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 777 5941


      Password: 654379

      10:00 AM

      CONT...


      Charline Lewis


      Chapter 7

      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Charline Lewis Represented By Kevin Cortright

      Trustee(s):

      Charles W Daff (TR) Pro Se

      10:00 AM

      6:20-16738


      Gloria Duran


      Chapter 7


      #2.00


      Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay

      Santander Consumer USA vs. DEBTOR, Howard B. Grobstein, trustee (Motion file 10/30/20)


      Re: 2018 Dodge Charger, VIN: 2C3CDXGJXJH113819


      EH     


      Docket 11


      Tentative Ruling:

      Tentative for 12/1/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 777 5941


      Password: 654379


      Parties making telephonic appearances are reminded to have all relevant

      10:00 AM

      CONT...


      Gloria Duran


      Chapter 7

      filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Gloria Duran Represented By

      Rabin J Pournazarian

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-16786


      Paul Douglas Jones


      Chapter 7


      #3.00


      Law Offices of William E. Windham - movant attorney CONT. Motion for Relief from Stay

      Noel Wilson vs. DEBTOR (Motion filed 10/15/20) From: 11/3/20


      Re: 6435 N. Beechwood Ave, Rialto 92376 EH            

      Docket 7


      Tentative Ruling:

      Tentative for 12/1/20 is to GRANT.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617775941 Meeting ID: 161 777 5941

      Password: 654379

      10:00 AM

      CONT...


      Paul Douglas Jones


      Chapter 7

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 777 5941

      Password: 654379


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


      ****************************************************************************** Tentative for 11/3/20:


      This matter is CONTINUED to December 1, 2020, at 10:00 a.m.


      Movant filed this matter on shortened time without a Court order as required by the Court's published procedures. Further, even if this matter could be heard on shortened time, the notice advises that a written response must by filed and served by no later than November 3, 2020, at 10:00 a.m., which is not a requirement found in this Court's published procedures.


      Movant is to serve a notice of continuance by no later than November 6,

      10:00 AM

      CONT...


      Paul Douglas Jones


      Chapter 7

      2020, which advises Debtor that a response is due by no later than November 17, 2020.


      The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


      Party Information

      Debtor(s):

      Paul Douglas Jones Represented By Paul Y Lee

      Trustee(s):

      Steven M Speier (TR) Pro Se

      10:00 AM

      6:20-17145


      Christine Elizabeth Bullard


      Chapter 7


      #4.00


      Law Offices of Vincent V Frounjian PC - movant attorney Motion for Relief from Stay

      Mechanics Bank vs DEBTOR, Robert Whitmore, trustee (Motion filed 11/4/20)


      RE: 2015 Chevrolet Equinox, VIN: 1GNA LCEK 2FZ1 33295 EH         

      Docket 7


      Tentative Ruling:

      Tentative for 12/1/20:


      Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 777 5941


      Password: 654379

      10:00 AM

      CONT...


      Christine Elizabeth Bullard


      Chapter 7

      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Christine Elizabeth Bullard Represented By Karen E Lockhart

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      11:00 AM

      6:13-28836


      Ann Lighthall Marshall


      Chapter 7


      #5.00


      Hrg. on trustee's final report; applications for compensation EH     

      [John Pringle, chapter 7 trustee] [Fees; $8299.00; Expenses; $307.11]


      [Roquemore, Pringle & Moore, Inc., attorneys for trustee] [Fees; $45955.00; Expenses; $846.35]


      [LEA Accountancy LLP, accountant for trustee] [Fees; $6465.00; Expenses; $690.07]


      [Dominique Varner, special counsel for trustee] [Fees; $1170.00; Expenses; $60.90]


      Docket 101


      Tentative Ruling:

      Tentative for 12/1/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      11:00 AM

      CONT...


      Ann Lighthall Marshall


      Chapter 7

      Meeting ID: 161 748 4598

      Password: 965892


      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Ann Lighthall Marshall Represented By Karen E Lockhart

      Trustee(s):

      John P Pringle (TR) Represented By Patricia Miller

      Michelle A Marchisotto

      11:00 AM

      6:15-14566


      Halo Sports Bar and Grill, Inc.


      Chapter 7


      #6.00


      Hrg. on Chapter 7 trustee's motion for an order (1) authorizing sale of estate's right and interest in Judgment against City of Hesperia; (2) approving overbid procedures; and (3) finding purchaser is a good faith purchaser


      EH     


      Docket 153


      Tentative Ruling:

      Tentative for 12/1/20 is to APPROVE.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617484598 Meeting ID: 161 748 4598

      Password: 965892


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      11:00 AM

      CONT...


      Halo Sports Bar and Grill, Inc.


      Chapter 7

      Meeting ID: 161 748 4598

      Password: 965892


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade

      W. Derek May

      Trustee(s):

      Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin

      Stephen F Biegenzahn

      11:00 AM

      6:15-20279


      Mohammad Far and Ruth Ann Far


      Chapter 7


      #7.00


      Hrg. on Debtors' Motion to For Violation of this Courts Discharge Order and For Issuance of an Order to Show Cause Re: Contempt Why Mehdi Hallaj, Nice Ride Auto Brokers, Brian Stuart and Arya Law Center, PC Should Not Be Held in Contempt of Court for Violation of the Discharge in Junction; For a Determination that the Pending State Action is Void


      EH            


      Docket 70


      Tentative Ruling:

      Tentative for 12/1/20:


      Counsels should appear virtually, and have all evidence and pleadings readily available during the hearing.


      The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617484598 Meeting ID: 161 748 4598

      Password: 965892


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

      11:00 AM

      CONT...


      Mohammad Far and Ruth Ann Far


      Chapter 7

      conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 748 4598

      Password: 965892


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Mohammad Far Represented By Stephen H Darrow

      Joint Debtor(s):

      Ruth Ann Far Represented By

      Stephen H Darrow

      Trustee(s):

      Larry D Simons (TR) Represented By

      Howard M Ehrenberg Jessica Vogel

      11:00 AM

      6:16-19793


      Emanuel V Katsaros and Wendy L Katsaros


      Chapter 7


      #8.00


      Hrg. on trustee's final report; applications for compensation EH            

      [Robert Whitmore; chapter 7 trustee] [Fees; $11376.31; Expenses; $121.22]


      [Hydee Riggs, attorney for trustee] [Fees; $25650.00; Expenses $360.06]


      [Donald T. Fife, Accountant for trustee] [Fees; $1568.00; Expenses; $259.80]


      Docket 66


      Tentative Ruling:

      Tentative for 12/1/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 748 4598

      11:00 AM

      CONT...


      Emanuel V Katsaros and Wendy L Katsaros


      Chapter 7


      Password: 965892


      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Emanuel V Katsaros Represented By Stephen R Wade

      Joint Debtor(s):

      Wendy L Katsaros Represented By Stephen R Wade

      Trustee(s):

      Robert Whitmore (TR) Represented By Hydee J Riggs

      11:00 AM

      6:18-16853


      Sidney Serafini


      Chapter 7


      #9.00


      Hrg. on Ch 7 Trustee's Application for Payment of Interim Fees and/or Expenses; for Marshack Hays LLP, General Counsel, Period: 2/25/2019 to 10/30/2020, Fee: $33,566.50, Expenses: $1,021.42


      EH         


      Docket 62


      Tentative Ruling:

      Tentative for 12/1/20 is to APPROVE.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 748 4598


      Password: 965892


      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.

      Party Information

      Debtor(s):

      Sidney Serafini Represented By

      11:00 AM

      CONT...


      Trustee(s):


      Sidney Serafini


      Amid Bahadori


      Chapter 7

      Larry D Simons (TR) Represented By

      D Edward Hays Laila Masud

      11:00 AM

      6:19-19261


      Santos Rodriguez


      Chapter 7


      #10.00


      Hrg. on trustee's final report; applications for compensation EH          

      [Larry Simons, chapter 7 trustee] [Fees; $302.08; Expenses; $31.25]


      Docket 22


      Tentative Ruling:

      Tentative for 12/1/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 748 4598


      Password: 965892


      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Santos Rodriguez


      Chapter 7

      Santos Rodriguez Represented By James G. Beirne

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:19-19750


      Delta Hospice of California Inc


      Chapter 7


      #11.00


      CONT Hrg. on Motion filed 9/14/20 to Compel the Debtor to Appear for Its Meeting of Creditors and to Produce Documents Requested by Trustee pursuant to 11 U.S.C. §§341(a) 521 and 542


      From: 10/6/20, 11/3/20 EH            

      Docket 90


      Tentative Ruling:

      Tentative for 12/1/20 is to GRANT.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 748 4598


      Password: 965892


      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.


      *****************************************************************************

      11:00 AM

      CONT...


      Delta Hospice of California Inc


      Chapter 7

      Tentative for 11/3/20 is to CONTINUE to December 1, 2020, at 11:00 a.m., to allow Trustee to effectuate proper service on Debtor.


      This matter was previously continued from October 6, 2020, as service of the motion was not directed to an officer of Debtor. While, in response to the below tentative, Movant filed a supplemental proof of service on October 2, 2020 [Dk. 93], which indicates that it was served via mail to Debtor's address, and directed to an officer of Debtor; it reflected the prior hearing date of October 6, 2020 and not the continued hearing date of November 2, 2020.


      A third supplemental proof of service must be filed by no later than November 6, 2020.


      The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


      ***************************************************************************** Tentative for 10/6/20 is to CONTINUE to November 3, 2020, at 11:00 a.m., to allow Trustee to effectuate service on Debtor in the manner described below.


      The proof of service attached to Trustee's motion indicates that it was served via mail to Debtor's address, but was not directed to the attention of an officer or agent for service of process, which is what the Court requires.


      A Supplemental Proof of Service must be filed, reflecting service in the manner required above, by no later than October 9, 2020.


      Appearances for the 10/6 hearing are excused.

      Party Information

      Debtor(s):

      Delta Hospice of California Inc Pro Se

      Movant(s):

      Todd A. Frealy (TR) Represented By Carmela Pagay

      11:00 AM

      CONT...

      Trustee(s):


      Delta Hospice of California Inc


      Chapter 7

      Todd A. Frealy (TR) Represented By Carmela Pagay

      11:00 AM

      6:19-21255


      Virjean K Nance


      Chapter 7


      #12.00


      Hrg. on Trustee's Final Report; Applications for Compensation EH            

      [Howard Grobstein, Chapter 7 Trustee] [Fees; $1129.00; Expenses; $0]


      Docket 25


      Tentative Ruling:

      Tentative for 12/1/20 is to APPROVE as requested.


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 748 4598


      Password: 965892


      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Trustee to lodge an order within seven (7) days.

      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Virjean K Nance


      Chapter 7

      Virjean K Nance Represented By Solomon A Cheifer

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      1:30 PM

      6:20-14798


      Ben Clymer's The Body Shop Perris Inc.


      Chapter 11


      #13.00


      Hrg. on Application filed 11/9/20 for Compensation for Pope's Antiques & Auctions Inc, Other Professional, Period: 7/24/2020 to 10/29/2020, Fee:

      $24,050.00, Expenses: $876.24


      Docket 255


      Tentative Ruling:

      Tentative for 12/1/20 is to APPROVE, as modified by the Notice of Further Modified Fee Request filed 11/25/20 [Dk. 292].


      Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


      The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


      Meeting ID: 161 918 2015


      Password: 126894


      Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


      Movant to lodge an order within seven (7) days.


      Party Information

      Debtor(s):

      Ben Clymer's The Body Shop Perris Represented By

      1:30 PM

      CONT...


      Trustee(s):


      Ben Clymer's The Body Shop Perris Inc.

      Robert M Yaspan


      Chapter 11

      Todd A. Frealy (TR) Represented By Monica Y Kim

      Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

      11:00 AM

      8:17-11743


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      #4.10


      Hearing RE: Chapter 11 Trustee's Emergency Motion For Order Authorizing The Use Of Property Of The Estate In The Ordinary Course Of Business Pursuant To 11 U.S.C. Section 363(b), And In The Alternative, For Order Authorizing The Use Of Property Of The Estate Outside The Ordinary Course Of Business Pursuant To 11 U.S.C. Section 363(b)(1)

      (Motion filed 11/30/2020)


      Docket 378


      Tentative Ruling:

      Tentative for 12/1/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1617484598 Meeting ID: 161 748 4598

      Password: 965892


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      11:00 AM

      CONT...


      Cecilio Romero Murrietta and Irma Bonilla Murrietta


      Chapter 11


      Meeting ID: 161 748 4598

      Password: 965892


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Cecilio Romero Murrietta Represented By Andrew S Bisom

      Joint Debtor(s):

      Irma Bonilla Murrietta Represented By Andrew S Bisom

      Trustee(s):

      David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

      10:00 AM

      6:20-16380


      Arturo Lopez and Onoria Lopez


      Chapter 7


      #1.00


      Hrg on Approval of Reaffirmation Hearing Between Debtor and Ford Motor Credit Company LLC, in the amount of $33,047.46


      Re: 2017 Ford F150


      Docket 18


      Tentative Ruling:

      Tentative for 12/2/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1612882278 Meeting ID: 161 288 2278

      Password: 184520


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Arturo Lopez and Onoria Lopez


      Chapter 7


      Meeting ID: 161 288 2278

      Password: 184520


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Arturo Lopez Represented By

      Steven A Alpert

      Joint Debtor(s):

      Onoria Lopez Represented By Steven A Alpert

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      10:00 AM

      6:20-15110


      Eduardo Trejo and Laura Trejo


      Chapter 7


      #2.00


      Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $2,904.83


      Re: 2013 Kia Rio


      Docket 19


      Tentative Ruling:

      Tentative for 12/2/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1612882278 Meeting ID: 161 288 2278

      Password: 184520


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      10:00 AM

      CONT...


      Eduardo Trejo and Laura Trejo


      Chapter 7

      Meeting ID: 161 288 2278

      Password: 184520


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Eduardo Trejo Represented By

      James D. Hornbuckle

      Joint Debtor(s):

      Laura Trejo Represented By

      James D. Hornbuckle

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      1:30 PM

      6:20-13807


      MA KAZAZ


      Chapter 7

      Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ


      #13.00


      STATUS CONFERENCE re: Complaint by NextGear Capital Inc against MA KAZAZ. for Dischargeability under Section 523(a)(2) , 523(a)(4), and 523(a)(6)


      EH            


      Docket 1


      Tentative Ruling:

      Tentative for 12/2/20:


      The Court notes that, as of the date of the posting of this tentative, no status report has been filed. Therefore, the Parties have failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued September 9, 2020 [Dk. 5].


      Accordingly, the Court is inclined to set a continued status conference date of February 3, 2021 at 1:30 p.m. and issue an order to show cause why the case should not be dismissed for lack of prosecution, to be heard on February 3, 2021. Any opposition to the order to show cause must be filed

      by January 13, 2021.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1602754846

      1:30 PM

      CONT...


      MA KAZAZ


      Chapter 7

      Meeting ID: 160 275 4846

      Password: 235478

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 275 4846

      Password: 235478


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


      Party Information

      Debtor(s):

      MA KAZAZ Represented By

      Lotfy Mrich

      Defendant(s):

      MA KAZAZ Represented By

      1:30 PM

      CONT...


      MA KAZAZ


      Lotfy Mrich


      Chapter 7

      Plaintiff(s):

      NextGear Capital Inc Represented By

      Tom Roddy Normandin

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      1:30 PM

      6:18-17314


      Harry Haro


      Chapter 7

      Adv#: 6:19-01134 Cube v. Haro et al


      #14.00


      CONT PRE-TRIAL CONFERENCE re: Complaint by Abigael Cube against Harry Haro, Lagrimas Haro for Determination of Dischargeability of Debt Pursuant to 11 USC Section 523(a)(3), 11 USC 523(a)(4)


      (Cont,. from 9/23/20) EH             

      Docket 1

      *** VACATED *** REASON: ADVERSARY CASE DISMISSED ON 12/1/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Harry Haro Represented By

      Andrew M Rosenfeld James F Drake

      Defendant(s):

      Harry Haro Represented By

      Andrew M Rosenfeld

      Lagrimas Haro Represented By

      Andrew M Rosenfeld

      Joint Debtor(s):

      Lagrimas Haro Represented By James F Drake

      Plaintiff(s):

      Abigael Cube Represented By

      1:30 PM

      CONT...


      Trustee(s):


      Harry Haro


      Gene Koon


      Chapter 7

      Larry D Simons (TR) Pro Se

      1:30 PM

      6:19-19296


      John Paul Salvador


      Chapter 7

      Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


      #15.00


      CONT STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


      (Cont. from 08/05/20, 107/20)


      Docket 1


      Tentative Ruling:

      Tentative for 12/2/20:


      The Court shall set a continued status conference on February 3, 2021, at 1:30 p.m., as a holding date. A status report is due 14 days in advance.


      It appears that service was properly effectuated to the Internal Revenue Service and United States Attorney of Central District of CA addresses; however, the Attorney General may not have been properly served, because when Debtor served to the address for the United States Department of Justice, he did not address it to the "Attorney General."


      The Court has reviewed Plaintiff's Motion to Deem Defendants Served filed 11/30/20 [Dk. 29], and notes that it does not comply with all applicable rules and procedures. As such, Plaintiff's motion is procedurally infirm and will be DENIED via separate order of the Court.


      Plaintiff shall obtain a new summons no later than December 18, 2020, and properly serve the Attorney General pursuant to the address contained in the Court Manual, which states the following:


      Attorney General

      United States Department of Justice Ben Franklin Station

      1:30 PM

      CONT...


      John Paul Salvador


      Chapter 7

      P. O. Box 683 Washington, DC 20044


      The 12/2 hearing is hereby vacated; therefore, no appearances shall be permitted.


      **************************************************************************** Tentative for 10/7/20:


      Having reviewed the Proof of Service of Summons filed 6/9/20 [Dk. 13], the Court notes that while Plaintiff sent the summons to the entity addresses identified in the Court Manual Register of Federal & State Government Unit Addresses, the service was not labeled (i.e., service was not specifically sent to the Civil Process Clerk and Attorney General) as listed in Court Manual Appendix D, Section 2.4.


      Plaintiff shall obtain a new summons no later than November 1, 2020, and properly serve the entities. As a holding date, which is subject to change after a new summons is issued, the Court shall set a continued status conference of December 2, 2020, at 1:30 p.m. A status report is due 14 days in advance.


      Appearances for the 10/7 hearing are excused.


      *********************************************************************************** Tentative for 8/5/20 is to CONTINUE to October 7, 2020 at 1:30 p.m. A status report is due 14 days in advance.


      Appearances for the 8/5 hearing are excused.

      Party Information

      Debtor(s):

      John Paul Salvador Pro Se

      Defendant(s):

      United States Department of Justice Represented By

      John D Ellis

      1:30 PM

      CONT...


      John Paul Salvador


      Chapter 7

      Internal Revenue Service Represented By John D Ellis

      United States Attorney Central Pro Se

      Plaintiff(s):

      John Paul Salvador Pro Se

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      10:15 AM

      8:16-12589


      Andrea Steinmann Downs


      Chapter 7


      #2.10


      Hearing RE: Emergency Motion For Order Compelling Return And Destruction Of Confidential Documents

      (Motion filed 11/24/2020) (OST Granted 11/25/2020)


      Docket 975


      Tentative Ruling:

      Tentative for 12/2/20:


      The Court has reviewed the Emergency Motion for Order Compelling Return and Destruction of Confidential Documents filed November 24, 2020 [Dk.

      975].


      Review of the relevant documents indicate to the Court that the terms of the stipulation in this matter are self-effectuating, and that no order is necessary. Further, this Court has no doubt that parties holding documents that they have agreed to be returned will fulfill their duties in a timely and professional manner. Only a very brief response, if any, to the Motion is necessary, in this Court's view. No arguments or positions will be waived by this Court's suggestion of economy or brevity.


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


      Videoconference URL: https://cacb.zoomgov.com/j/1609169479

      10:15 AM

      CONT...


      Andrea Steinmann Downs


      Chapter 7


      Meeting ID: 160 916 9479

      Password: 896694

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 916 9479

      Password: 896694


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

      Party Information

      Debtor(s):

      Andrea Steinmann Downs Pro Se

      Movant(s):

      Lora Rae Steinmann Represented By Shannon Gallagher

      10:15 AM

      CONT...


      Andrea Steinmann Downs


      D Edward Hays Laila Masud


      Chapter 7

      Heinz H. Steinmann Represented By

      D Edward Hays Laila Masud

      Eric J. Steinmann Represented By

      D Edward Hays Laila Masud

      Trustee(s):

      Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

      10:15 AM

      8:16-12589


      Andrea Steinmann Downs


      Chapter 7


      #2.20


      Hearing RE: Status Conference (Set per Order Entered 11/25/2020)


      Docket 0


      Tentative Ruling:

      Tentative for 12/2/20:


      Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


      Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

      Videoconference URL: https://cacb.zoomgov.com/j/1609169479 Meeting ID: 160 916 9479

      Password: 896694

      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 160 916 9479

      10:15 AM

      CONT...

      Andrea Steinmann Downs

      Chapter 7

      Password: 896694


      For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


      Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


      As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


      Party Information

      Debtor(s):

      Andrea Steinmann Downs Pro Se

      Trustee(s):

      Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

      11:00 AM

      8:17-12887


      Dana Kim Shelton


      Chapter 7

      Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al


      #3.00


      CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint: (1) To Determine The Validity, Priority, And Extent Of Liens;

        1. Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017; (3) To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And (4) Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e

(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)


FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19; 3-20-19;

5-15-19; 8-14-19; 12-18-19; advanced from 3-18-20; 3-11-20; 7-15-20


Docket 1


Tentative Ruling:

Tentative for 12/2/20 is to CONTINUE to April 7, 2021, at 1:30 p.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances for the 12/2 hearing are excused.


****************************************************************************** Tentative for 7/15/20 is to CONTINUE to December 2, 2020, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances for the 7/15 hearing are excused.


************************************************************************************** Tentative for 3/11/20:

11:00 AM

CONT...


Dana Kim Shelton


Chapter 7

This matter is CONTINUED to July 15, 2020, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances are excused


*************************************************************************** Tentative for 12/18/19:


This matter is CONTINUED to March 18, 2020, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances are excused


************************************************************************** Tentative for 8/14/19:


This matter is CONTINUED to December 18, 2019, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances are excused.


*************************************************************************** Tentative for 5/15/19:


This matter is CONTINUED to August 14, 2019, at 10:00 a.m., as a holding date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.


If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances are excused.

Party Information

11:00 AM

CONT...

Debtor(s):


Dana Kim Shelton


Chapter 7

Dana Kim Shelton Represented By Christopher P Walker

Defendant(s):

Daniel Keith Larson Pro Se

Erin Ellen Larson Pro Se

Peter Kote Pro Se

BANK OF AMERICA, N.A Represented By

E. Christine Hehir

Plaintiff(s):

Richard A. Marshack, Chapter 7 Represented By

Misty A Perry Isaacson

Trustee(s):

Richard A Marshack (TR) Represented By

Misty A Perry Isaacson

11:00 AM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01198 Moersch v. Zahedi


#4.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt: (1) False Pretenses, False Representation, Fraud

(11 U.S.C. Section 523(a)(2)(A)( and (2) Wilful And Malicious Injury (11 U.S.C. Section 523(a)(6))

(Complaint filed 9/30/19)

(PTC set at S/C held 12/18/19)


FR: 12-18-19; 7-1-20; 8-5-20; 9-23-20


Docket 1


Tentative Ruling:

Tentative for 12/2/20:


Virtual appearances are required. The Court notes that, as of the date of the posting of this tentative, no pre-trial stipulation has been filed. Therefore, the Parties have failed to adhere to the requirements of LBR 7016-1(b). Pursuant to LBR 7016-1(f), such failure to comply may result in monetary or non- monetary sanctions, including dismissal.


Accordingly, the Court is inclined to impose a sanction on both parties in the amount of $500.00 each for failure to prepare and file a pre-trial stipulation, and set a continued pre-trial conference date of January 20, 2021, at 1:30

p.m. and issue an order to show cause why the case should not be dismissed for lack of prosecution, to be heard on January 20, 2021. Any opposition to the order to show cause must be filed by January 6, 2021.


The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

11:00 AM

CONT...


Charles S Zahedi


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1613079100 Meeting ID: 161 307 9100

Password: 748213

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 307 9100

Password: 748213


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

11:00 AM

CONT...

Debtor(s):


Charles S Zahedi


Chapter 7

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Carlo Moersch Represented By Jeffrey D Schreiber

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01068 Marshack v. Silver Star Sounds & Communications, Inc


#5.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 5/1/2020)

[Adversary transferred from CB on 7/31/2020]

(S/C set per Order Entered 8/7/2020) FR: 7-21-20; 9-30-20

Docket 1


Tentative Ruling:

Tentative for 12/2/20:


The Court is inclined to set the following dates and deadlines:


  1. Discovery cutoff: April 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: June 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: August 18, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1613079100 Meeting ID: 161 307 9100

Password: 748213

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 307 9100

Password: 748213


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7


***************************************************************************** Tentative for 9/30/20 is to CONTINUE to December 2, 2020, at 10:00 a.m. A status report is due, whether unilateral or joint, 14 days in advance.

Plaintiff shall seek entry of default by no later than November 6, 2020. Appearances for the 9/30 hearing are excused.

Party Information

Debtor(s):

Simeon Osborn Represented By Aaron J Malo

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Silver Star Sounds & Represented By Jeffrey I Golden

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01035 Marshack v. American Express et al


#6.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, and Fraudulent Transfers


FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20


Docket 1

*** VACATED *** REASON: CONTINUED TO JANUARY 20, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS HEARING ENTERED 11/17/20 (DOCKET NO. [30])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

American Express Pro Se

American Express National Bank Represented By

Kelly Sweeney

American Express Company Represented By Kelly Sweeney

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack David Wood

11:00 AM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01031 Marshack v. Sotiris, LLC


#7.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]

(Complaint filed 3/20/2020)


FR: 6-10-20; 8-19-20; 10-21-20


Docket 1


Tentative Ruling:

Tentative for 12/2/20 is to CONTINUE to February 3, 2021, at 1:30 p.m., in light of the tentative for related matter #8. A status report is required 14 days in advance.


Appearances for the 12/2 hearing are excused.


**************************************************************************** Tentative for 10/21/20 is to CONTINUE to December 2, 2020, at 11:00 a.m. Plaintiff is required to file a motion for default judgment no later than

November 6, 2020. If a motion for default judgment is not filed, a status report detailing the Plaintiff's reasons for non-compliance with the foregoing deadline, is due 14 days in advance.


Appearances for the 10/21 hearing are excused.


***************************************************************************** Tentative for 8/19/20 is to CONTINUE to October 21, 2020 at 11:00 a.m. If a motion for default judgment is not filed, a status report is due 14 days in advance.


Appearances for the 8/19 hearing are excused.


****************************************************************************************

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 6/10 hearing are excused.

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Sotiris, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01031 Marshack v. Sotiris, LLC


#8.00


Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Sotiris, LLC

(Motion filed 11/6/2020)


Docket 16


Tentative Ruling:

Tentative for 12/2/20 is to CONTINUE to February 3, 2021, at 1:30 p.m., and require supplemental briefing and evidence in support of Plaintiff’s motion for default judgment. Supplemental filings are due by no later than January 20, 2021. Plaintiff should also address the differences in the amounts requested in the motion as opposed to the complaint.


"Entry of a default by the bankruptcy court clerk does not automatically entitle a plaintiff to entry of a default judgment, regardless of the fact that generally the effect of entry of a default is to deem allegations admitted... Bankruptcy courts are accordingly provided the discretion to require proof of the facts necessary to determine a valid claim for relief against the defaulting parties." In re Beltran, 182 B.R. 820, 823–24 (9th Cir. B.A.P. 1995).


Appearances for the 12/2 hearing are excused.

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Sotiris, LLC Pro Se

11:00 AM

CONT...

Movant(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A. Marshack Represented By Judith E Marshack

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC


#9.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

  3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


FR: 6-10-20; 8-19-20; 10-21-20


Docket 1


Tentative Ruling:

Tentative for 12/2/20 is to CONTINUE to February 3, 2021, at 1:30 p.m., in light of the tentative for related matter #10. A status report is required 14 days in advance.


Appearances for the 12/2 hearing are excused.


***************************************************************************** Tentative for 10/21/20 is to CONTINUE to December 2, 2020, at 11:00 a.m. Plaintiff is required to file a motion for default judgment no later than

November 6, 2020. If a motion for default judgment is not filed, a status report detailing the Plaintiff's reasons for non-compliance with the foregoing deadline, is due 14 days in advance.


Appearances for the 10/21 hearing are excused.


***************************************************************************** Tentative for 8/19/20 is to CONTINUE to October 21, 2020 at 11:00 a.m. If a motion for default judgment is not filed, a status report is due 14 days in advance.

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7


Appearances for the 8/19 hearing are excused.


**************************************************************************************** Tentative for 6/10/20 is to CONTINUE to August 19, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 6/10 hearing are excused.

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Exclusive Fitness, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC


#10.00


Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Exclusive Fitness, LLC

(Motion filed 11/6/2020)


Docket 18


Tentative Ruling:

Tentative for 12/2/20 is to CONTINUE to February 3, 2021, at 1:30 p.m., and require supplemental briefing and evidence in support of Plaintiff’s motion for default judgment. Supplemental filings are due by no later than January 20, 2021. Plaintiff should also address the differences in the amounts requested in the motion as opposed to the complaint.


"Entry of a default by the bankruptcy court clerk does not automatically entitle a plaintiff to entry of a default judgment, regardless of the fact that generally the effect of entry of a default is to deem allegations admitted... Bankruptcy courts are accordingly provided the discretion to require proof of the facts necessary to determine a valid claim for relief against the defaulting parties." In re Beltran, 182 B.R. 820, 823–24 (9th Cir. B.A.P. 1995).


Appearances for the 12/2 hearing are excused.

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Exclusive Fitness, LLC Pro Se

11:00 AM

CONT...

Movant(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A. Marshack Represented By Judith E Marshack

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC


#11.00


Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Sotiris, LLC

(Motion filed 11/6/2020)


Docket 16

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF ERRATA AND VOLUNTARY DISMISSAL OF DOCKET NO. [16] ENTITLED PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED 11-6-2020 - (DOCKET NO. [19])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Exclusive Fitness, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

11:00 AM

CONT...


Luminance Recovery Center, LLC


Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello


Chapter 7

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01033 Marshack v. 27 Diamonds


#12.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

  1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)

(PTC set at S/C held 7/15/2020) FR: 6-10-20; 7-15-20; 8-19-20

Docket 1

*** VACATED *** REASON: CONTINUED TO FEBRUARY 3, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRETRIAL CONFERENCE AND EXTEND RELATED SCHEDULING ORDER DEADLINES ENTERED 9-24-2020 - (DOCKET NO. [21])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

27 Diamonds Represented By

Andrew Edward Smyth

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack

11:00 AM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

10:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#1.00


Motion for relief from stay [Personal Property]


Jonathan Lam vs. DEBTORS (Motion filed 11/9/2020)


[RE: Accounts At JPMorgan Chase Bank Identified In Exhibit D]


Docket 22

*** VACATED *** REASON: CONTINUED TO JANUARY 6, 2021 AT 10:00 A.M. PER ORDER SETTING HEARING ON OBJECTION TO CLAIMED EXEMPTIONS, ESTABLISHING BRIEFING SCHEDULE, AND CONTINUING HEARING ON MOTION FOR RELIEF FROM STAY ENTERED 11-20-2020 - (DOCKET NO. [30])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Trustee(s):

Weneta M Kosmala (TR) Pro Se

10:00 AM

8:20-11056


Mershad Javan


Chapter 7


#1.10


Hearing RE: Emergency Motion For Stay Pending Appeal Of Conversion To Chapter 7 From Chapter 13

(Motion Filed 11/20/2020)

(Set per OST Entered 11/20/2020)


Docket 152


Tentative Ruling:

Tentative for 12/3/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605796592 Meeting ID: 160 579 6592

Password: 333648


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Mershad Javan


Chapter 7

Meeting ID: 160 579 6592

Password: 333648


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Mershad Javan Represented By Todd L Turoci

Movant(s):

Mershad Javan Represented By Todd L Turoci Todd L Turoci Todd L Turoci Todd L Turoci

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:16-12856


Michael Edward Favreau


Chapter 11

Adv#: 8:16-01229 Ruiz et al v. Favreau


#2.00


CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)


FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17; 12-14-17; 1-11-18; 5-3-18; 10-18-18;

10-25-18; 4-18-19; 12-19-19; 5-14-20


Docket 16


Tentative Ruling:

Tentative for 12/3/20 is to CONTINUE to June 17, 2021, at 10:00 a.m. A status report is due 14 days in advance.


Appearances for 12/3 hearing are excused.


****************************************************************************** Tentative for 12/19/19:


This matter is CONTINUED to May 14, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


**************************************************************************** Tentative for 4/18/19:


This matter is CONTINUED to December 19, 2019 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


******************************************************************************

11:00 AM

CONT...


Michael Edward Favreau


Chapter 11

Tentative for 10/25/18:


This matter is CONTINUED to April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


****************************************************************************** Tentative for 5/03/18:


The Court has received and reviewed the status report filed 4/19/18 [Dk. 28] and will CONTINUE this matter to October 18, 2018 at 11:00 a.m. A status report is due 14 days in advance.


Appearances are excused.


Party Information

Debtor(s):

Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow

Favreau's Custom Woodworking, Represented By

Robert P Goe

Defendant(s):

Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin

Plaintiff(s):

Christopher P. Ruiz Represented By John W Lucas James Stang

11:00 AM

CONT...


Michael Edward Favreau


Garrick A Hollander


Chapter 11

Theresa-Keane Ruiz Represented By John W Lucas James Stang

Garrick A Hollander

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 11


#3.00


Hearing RE: Debtor's Motion To Convert Case Under 11 U.S.C. Sections 706(a) Or 1112(a) From Chapter 11 To A Case Under Chapter 7

(Motion filed 11/4/2020) (Opposition filed 11/5/2020)

(Hearing Set per Order Entered 11/6/2020)


Docket 92

*** VACATED *** REASON: CONTINUED TO DECEMBER 3, 2020 AT 1:30 P.M. PER AMENDED ORDER SETTING HEARING ON DEBTOR'S MOTION ENTERED 11-6-2020 - (DOCKET NO. [99])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#4.00


CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case

Management Conference And (2) Requiring Status Report (Petition filed 11/5/18)

(PESC set at Confirmation hearing held 9/3/2020)


FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19; 3-7-19; 6-13-19; 9-19-19; 1-9-20;

4-16-20; 6-11-20; 6-25-20; 9-3-20


Docket 14


Tentative Ruling:

Tentative for 12/3/20 is to CONTINUE to April 29, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 12/3 hearing are excused.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

Trustee(s):

Howard B Grobstein (TR) Represented By David Wood

Matthew Grimshaw Tinho Mang

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11


#5.00


Hearing RE: First Interim Application For Allowance Of Fees And Costs For The Period From May 7, 2020 Through And Including October 31, 2020 (Application filed 11/12/2020)


[RE: MARSHACK HAYS, LLP - Attorneys For Debtor And Debtor-In-

Possession

[Fees: $304,957.59; Expenses: $10,584.57]


Docket 376


Tentative Ruling:

Tentative for 12/3/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 361 6653


Password: 347852


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


Rockport Development, Inc.


Chapter 11

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11

Adv#: 8:20-01127 Tiara Townhomes, LLC v. Jiang


#6.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Actual and Constructive Fraudulent Transfers

(Complaint filed 9/4/2020)


Docket 1


Tentative Ruling:

Tentative for 12/3/20 is to CONTINUE to January 21, 2021, at 10:00 a.m., in light of the representation contained in the latest status report [Dk. 7] that a settlement has been reached between the parties. Unless otherwise resolved, a status report is required not later than 14 days in advance for the continued hearing.


Appearances for the 12/3 hearing are excused.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Defendant(s):

Degang Jiang Pro Se

Plaintiff(s):

Tiara Townhomes, LLC Represented By David Wood

Matthew Grimshaw

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11

Adv#: 8:20-01128 Tiara Townhomes, LLC v. Everwin Investment, Inc.


#7.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Actual & Constructive Fraudulent Transfers

(Complaint filed 9/4/2020)


Docket 1


Tentative Ruling:

Tentative for 12/3/20:


The Court is inclined to set the following dates and deadlines:


  1. Discovery cutoff: June 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: August 20, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: October 7, 2021, at 10:00 a.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


Plaintiff is to lodge a scheduling order within seven (7) days.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser

11:00 AM

CONT...


Rockport Development, Inc.


Chapter 11

by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603616653 Meeting ID: 160 361 6653

Password: 347852

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 361 6653

Password: 347852


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By

11:00 AM

CONT...


Rockport Development, Inc.


Matthew Grimshaw David Wood


Chapter 11

Defendant(s):

Everwin Investment, Inc. Pro Se

Plaintiff(s):

Tiara Townhomes, LLC Represented By David Wood

Matthew Grimshaw

11:00 AM

8:19-13728


Thompson National Properties, LLC


Chapter 11


#8.00


Hearing RE: Confirmation Of Second Amended Chapter 11 Plan Proposed By The Debtor

(D.S. filed 2/12/20) (Motion filed 2/27/20)

(First Amended D.S. filed 7/30/2020) (First Amended Plan filed 7/30/2020) (Second Amended D.S. filed 8/28/2020) (Second Amended Plan filed 8/28/2020) (Ch 11 Plan filed 8/28/2020)

(Confirmation hrg set at D.S. hrg. held 9/24/2020) FR: 5-7-20; 8-6-20; 9/24/20


Docket 286


Tentative Ruling:

Tentative for 12/3/20 is to APPROVE, and set a post-confirmation status conference on March 25, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603616653 Meeting ID: 160 361 6653

11:00 AM

CONT...


Thompson National Properties, LLC


Chapter 11


Password: 347852

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 361 6653

Password: 347852


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Thompson National Properties, LLC Represented By

Leonard M Shulman

11:00 AM

8:19-13728


Thompson National Properties, LLC


Chapter 11


#9.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 9/26/19)


FR: 11-21-19; 1-9-20; 4-16-20; 8-6-20; 8-20-20; 9-24-20


Docket 5


Tentative Ruling:

Tenative for 12/3/20:


Pursuant to the tentative in related matter #8, a post-confirmation status conference shall be set on March 25, 2021, at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603616653 Meeting ID: 160 361 6653

Password: 347852


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Thompson National Properties, LLC


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 361 6653

Password: 347852


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Thompson National Properties, LLC Represented By

Leonard M Shulman

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#10.00


Hearing RE: Confirmation Of Chapter 11 Plan Of Liquidation Of WJA Secure Income Fund, LLC

(D.S. filed 8/13/2020)

(Order Approving D.S. Entered 9-24-2020) (Ch 11 Plan filed 8/13/2020)


Docket 1263


Tentative Ruling:

Tentative for 12/3/20 is to APPROVE.


As in the standard practice in this case, post-confirmation status of this plan shall be discussed at the status conference being continued by tentative in related matter #11 to May 6, 2021, at 11:00 a.m.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603616653 Meeting ID: 160 361 6653

Password: 347852

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 361 6653

Password: 347852


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner

11:00 AM

CONT...


WJA Asset Management LLC


Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#11.00


CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case

Management Conference And (2) Requiring Status Report (Petition filed 5/18/17)

(Amended S/C Order Entered 6-9-17) (PE S/C set per hrg. held 6/25/2020)


FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18; 7-12-18; 9-20-18; 12-20-18; 4-18-19;

9-19-19; 2-6-20; 2-13-20; 1-30-20; 6-10-20; 6-25-2020


Docket 50


Tentative Ruling:

Tentative for 12/3/20:


The Court is inclined to set a continued status conference date of May 6, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603616653 Meeting ID: 160 361 6653

Password: 347852

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 361 6653

Password: 347852


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber

11:00 AM

CONT...


WJA Asset Management LLC


Michael W Davis Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#12.00


Hearing RE: Application For (1) Compensation Of Contingency Fees Related To The Settlement With Thomas R. Kroesche, KroescheSchindler LLP, And Cooksey Toolen Gage Duffy & Woog; And (2) Reimbursement Of Expenses For The Period From November 15, 2017 Through November 11, 2020

(Application filed 11/11/2020)


[RE: BRUTZKUS GUBNER - Special Litigation Counsel For Debtor and Debtor-In-Possession]

[Fees: $218,750.00; Expenses: $20,100.47]


Docket 1351


Tentative Ruling:

Tentative for 12/3/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 361 6653


Password: 347852


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

11:00 AM

CONT...


Debtor(s):


WJA Asset Management LLC

Party Information


Chapter 11

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#13.00


Hearing RE: Sixth Interim Fee Application For Compensation And Reimbursement Of Expenses For The Period From April 1, 2020 Through October 31, 2020

(Application filed 11/11/2020)


[RE: SULMEYERKUPETZ, A Professional Corporation - Attorneys For Official Committee Of Unsecured Creditors Of TD REO, LLC; TD Opportunity Fund, LLC; Equity Index Mangement Fund, LLC; And WJA Real Estate Fund]

[Fees: $27,250.00; Expenses: $0.00]


Docket 1352


Tentative Ruling:

Tentative for 12/3/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 361 6653


Password: 347852


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#14.00


Hearing RE: Eighth Interim Application For Order Approving Payment Of Fees And Reimbursement Of Expenses For The Period From April 16, 2020 Through November 11, 2020

(Application filed 11/11/2020)


[RE: MENCHACA & COMPANY, LLC - Accounts For Debtor And Debtor-In- Possession]

Fees: $32,040.00; Expenses: $0.00]


Docket 1353


Tentative Ruling:

Tentative for 12/3/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 361 6653


Password: 347852


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


WJA Asset Management LLC


Chapter 11

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#15.00


Hearing RE: Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 1, 2020 Through November 11, 2020

(Application filed 11/12/2020)


[BORDE LAW PLLC - Attorneys for Debtor - TD REO Fund, LLC] [Fees: $2,725.50; Expenses: $8.80]


Docket 1354


Tentative Ruling:

Tentative for 12/3/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 361 6653


Password: 347852


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


WJA Asset Management LLC


Chapter 11

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#16.00


Hearing RE: Eighth Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 9, 2020 Through November 11, 2020

(Application filed 11/12/2020)


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]

Fees: $252,074.00; Expenses: $4,704.27]


Docket 1359


Tentative Ruling:

Tentative for 12/3/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 361 6653


Password: 347852


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


WJA Asset Management LLC


Chapter 11

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

11:00 AM

8:20-12686


TNP 3745 Pentagon Blvd., LLC


Chapter 11


#17.00


Hearing RE: Debtor's Motion For Voluntary Dismissal Of Chapter 11 Case (Motion filed 10/29/2020)


FR: 11-19-20


Docket 18


Tentative Ruling:

Tentative for 12/3/20:


The status of this matter is unclear to the Court. The stipulation continuing this hearing to 12/3 [Dk. 29] indicates that Debtor would file a Motion for an Order Approving Corporate Governance Changes ("Motion") to be heard concurrently with this matter; however, the Court notes that no such Motion has been filed.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603616653 Meeting ID: 160 361 6653

Password: 347852


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

11:00 AM

CONT...


TNP 3745 Pentagon Blvd., LLC


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 361 6653

Password: 347852


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************** Tentative for 11/19/20 is to GRANT, provided that Debtor appears and addresses the concerns raised in the Response filed 11/6/20 [Dk. 27].


Virtual appearances are required.

Party Information

Debtor(s):

TNP 3745 Pentagon Blvd., LLC Represented By Leonard M Shulman

11:00 AM

8:20-12686


TNP 3745 Pentagon Blvd., LLC


Chapter 11


#18.00


STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

(2) Requiring Status Report (Petition filed 9/25/2020)


FR: 11-19-20


Docket 6


Tentative Ruling:

Tentative for 12/3/20:


The court notes that a recent status report has not been filed. As such, the Court is unable to ascertain the status of this case. In the event that this matter is not dismissed, the Court is inclined to set a continued status conference on January 21, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603616653 Meeting ID: 160 361 6653

Password: 347852


If a participant is unable to send and receive audio through his/her computer,

11:00 AM

CONT...


TNP 3745 Pentagon Blvd., LLC


Chapter 11

or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 361 6653

Password: 347852


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


***************************************************************************** Tenative for 11/19/20:


In light of the tentative on related matter #11, this status conference will be taken off calendar.


Virtual appearances are required.

Party Information

Debtor(s):

TNP 3745 Pentagon Blvd., LLC Represented By Leonard M Shulman

1:30 PM

8:20-11939


Vasken K Kiladjian


Chapter 11


#19.00


Hearing RE: Debtor's Motion To Convert Case Under 11 U.S.C. Sections 706(a) Or 1112(a) From Chapter 11 To A Case Under Chapter 7

(Motion filed 11/4/2020) (Opposition filed 11/5/2020)

(Hearing Set per Order Entered 11/6/2020) FR: 12-3-20 at 11:00 a.m.

Docket 92


Tentative Ruling:

Tentative for 12/3/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604779115 Meeting ID: 160 477 9115

Password: 617358


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...


Vasken K Kiladjian


Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 477 9115

Password: 617358


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Movant(s):

Vasken K Kiladjian Represented By Kelly H. Zinser Kelly H. Zinser Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-11939


Vasken K Kiladjian


Chapter 11


#20.00


Hearing RE: Creditor Beth Kiladjian's Motion To Dismiss Case Under 11 U.S.C. Section 1112(b), Or To Abstain From And Dismiss Case Under 11 U.S.C.

Section 305

(Motion filed 11/12/2020)


Docket 109


Tentative Ruling:

Tentative for 12/3/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604779115 Meeting ID: 160 477 9115

Password: 617358


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Vasken K Kiladjian


Chapter 11

Meeting ID: 160 477 9115

Password: 617358


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Movant(s):

Beth Kiladjian Represented By Robert P Goe Charity J Manee

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-11939


Vasken K Kiladjian


Chapter 11


#21.00


Hearing RE: Debtor And Debtor-In-Possession's Motion For Order Extending The Deadline To File A Plan Under Section 1189(a)

(Motion filed 11/7/2020)


Docket 100


Tentative Ruling:

Tentative for 12/3/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604779115 Meeting ID: 160 477 9115

Password: 617358


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 477 9115

1:30 PM

CONT...


Vasken K Kiladjian


Chapter 11


Password: 617358


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Movant(s):

Vasken K Kiladjian Represented By Kelly H. Zinser Kelly H. Zinser Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-11939


Vasken K Kiladjian


Chapter 11


#22.00


CONT'D STATUS CONFERENCE Hearing on Subchapter V case (Petition filed 7/7/2020)


FR: 8-20-20; 10-8-20


Docket 9


Tentative Ruling:

Tentative for 12/3/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604779115 Meeting ID: 160 477 9115

Password: 617358


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Vasken K Kiladjian


Chapter 11

Meeting ID: 160 477 9115

Password: 617358


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************** Tentative for 10/8/20:


The Court has reviewed the Joint Status Report [Dk. 72] and Trustee's First Report of Investigation [Dk. 71], and is inclined to order the parties to mediation as requested by all parties.


The Court shall set a continued status conference on December 3, 2020, at 11:00 a.m. A joint status report, and supplemental report of investigation, is due no later than 14 days in advance.


Virtual appearances are required.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

CONT...


Vasken K Kiladjian


Chapter 11

10:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:17-01235 Hausman Holdings, LLC et al


#1.00


Hearing RE: Order For Judgment Debtor Andrea S. Downs To Appear For Examination

(Set per Order Entered 10/27/2020)


Docket 79


Tentative Ruling:

Tentative for 12/4/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616535484 Meeting ID: 161 653 5484

Password: 945631


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 653 5484

10:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7


Password: 945631


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Plaintiff(s):

Hausman Holdings, LLC Represented By Hamid R Rafatjoo Brett Ramsaur

David Moellenhoff Represented By Hamid R Rafatjoo Brett Ramsaur

Pamela Moellenhoff Represented By Hamid R Rafatjoo Brett Ramsaur

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden

10:00 AM

CONT...


Andrea Steinmann Downs


Faye C Rasch Ryan W Beall


Chapter 7

10:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:17-01235 Hausman Holdings, LLC et al


#2.00


Hearing RE: Order For Third Person Brian Chase To Appear For Examination (Set per Order Entered 10/27/2020)


Docket 82

*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION FILED 11-17-2020 - (DOCKET NO. [90])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Plaintiff(s):

Hausman Holdings, LLC Represented By Hamid R Rafatjoo Brett Ramsaur

David Moellenhoff Represented By Hamid R Rafatjoo Brett Ramsaur

Pamela Moellenhoff Represented By Hamid R Rafatjoo Brett Ramsaur

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

10:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

9:30 AM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


#1.00


TRIAL RE: Complaint Objecting To Debtor's Discharge Under 11 U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

(Complaint filed 1/4/19)

(TRIAL set at PTC held 12/18/19)

[Trial set as "initial Trial date per Order Entered 3/19/2020]

(S/C set at hearing held 8/7/2020)


FR: 4-3-19; 12-18-19; 4-20-20; 6-16-20; 7-28-20; 8-7-20


[Tele. appr., Michael G. Spector, repr., Tim McKenna, Defendant]


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO APRIL 19, 2021 AT 9:30

A.M. PER ORDER CONTINUING TRIAL ENTERED ON 10-19-2020 - (DOCKET NO. [158])

Party Information

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Tim M McKenna Represented By Michael G Spector

Plaintiff(s):

Law Offices of Michelle J. Sukhov, Represented By

Michelle J Nelson Roger F Friedman

Trustee(s):

Jeffrey I Golden (TR) Represented By

9:30 AM

CONT...


Tim M McKenna


Ryan W Beall Reem J Bello


Chapter 7

10:00 AM

6:20-16132


MILES D. THOMPSON


Chapter 7


#1.00


Best Best & Krieger LLP - movant attorney Motion for Relief from Stay

Peter Wallace vs. DEBTOR (Motion filed 11/24/20)


Re: ACTION IN NON-BANKRUPTCY FORUM RE: Pending Lawsuit In Re

Robert A. Wallace Revocable Trust and Peter Wallace v. Robert J. Wallace, et al, Riverside Superior Court Case No. PRIN 1702822 C/W SC 1706828.


EH     


Docket 15

*** VACATED *** REASON: ORDER APPROVING STIPULATION TO DISMISS MOTION ENTERED ON 12/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

MILES D. THOMPSON Represented By Jeffrey T Gwynn

Movant(s):

Peter Wallace Represented By Caroline Djang

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-16205


Sandra Ramirez


Chapter 7


#2.00


Barrry Lee O'Connor - movant attorney Motion for Relief from Stay

Jonacar Nevada Corp vs. DEBTOR (Motion filed 11/18/20)


RE: 217 N. Allyn Ave Ontario, CA, 91764 EH        

Docket 21


Tentative Ruling:

Tentative for 12/15/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver. The request for extraordinary relief is denied as Movant has not submitted facts demonstrating that such relief is warranted. A single prior case, which was dismissed for failure to file documents, immediately proceeding the instant case, is insufficient.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 664 8293

10:00 AM

CONT...


Sandra Ramirez


Chapter 7


Password: 946276


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Sandra Ramirez Pro Se

Movant(s):

Jonacar Nevada Corp Represented By Barry L O'Connor

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-16685


Darryl Ward Beatty


Chapter 7


#3.00


Malcolm Cisneros - movant attorney Motion for Relief from Stay

Citizens Bank N.A. vs. DEBTOR (Motion filed 11/12/20)


Re: 11866 Begonia Road, Adelanto CA 92301 EH        


Docket 11


Tentative Ruling:

Tentative for 12/15/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 664 8293


Password: 946276

10:00 AM

CONT...


Darryl Ward Beatty


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Darryl Ward Beatty Represented By Aaron Lloyd

Movant(s):

CITIZENS BANK N.A. Represented By Christina J Khil

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:20-16738


Gloria Duran


Chapter 7


#4.00


Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay

Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 10/30/20)


Re: 2019 Toyota Tacoma EH            

Docket 9


Tentative Ruling:

Tentative for 12/15/20:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 664 8293


Password: 946276

10:00 AM

CONT...


Gloria Duran


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Gloria Duran Represented By

Rabin J Pournazarian

Movant(s):

TOYOTA MOTOR CREDIT Represented By Kirsten Martinez

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:11-20421


Charles A Tumbrello and Monika C Tumbrello


Chapter 7


#5.00


CONT. Hrg. on chapter 7 trustee's Motion filed 9/25/20 Objecting to Claim Number 17 by Claimant TSC Accounts Receivable, in the amount of $695.91


From: 11/3/20 EH            

Docket 174


Tentative Ruling:

Tentative for 12/15/20 is to CONTINUE to January 19, 2021, at 11:00 a.m., to allow Movant to effectuate proper service on the Claimant.


While Movant previously sent out a notice of continuance served in accordance with FRBP 7004, the notice of continuance is insufficient, as it does not comply with Local Rule 3007-1(b)(3) which provides as follows: "notice must advise the claimant of the date, time, and place of hearing, and state: (A) A response must be filed and served not later than 14 days prior to the date of hearing set forth in the notice; and (B) If a response is not timely filed and served, the court may grant the relief requested in the objection without further notice or hearing."


Movant is to file a Notice of Continuance and Supplemental Proof of Service which addresses the foregoing by no later than December 23, 2020.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*****************************************************************************

Tentative for 11/3/20 is to CONTINUE to December 15, 2020, at 11:00 a.m. to allow Movant to effectuate proper service on the Claimant.


Claimant was not properly served. LBR 3007-1(b)(2) requires claim objections to be served pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a

11:00 AM

CONT...


Charles A Tumbrello and Monika C Tumbrello


Chapter 7

corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than November 13, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Charles A Tumbrello Pro Se

Joint Debtor(s):

Monika C Tumbrello Pro Se

Movant(s):

Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

Trustee(s):

Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

11:00 AM

6:11-20421


Charles A Tumbrello and Monika C Tumbrello


Chapter 7


#6.00


CONT. Hrg. on Chapter 7 Trustee's Motion filed 9/25/20 Objecting to Claim Number 3 by Claimant Temecula Chiropractic, in the amount of $1045.00 and claim #4 by Midland Credit Management, Inc. in the amount of $966.44


From: 11/3/20 EH            


Docket 175


Tentative Ruling:

Tentative for 12/15/20 is to CONTINUE to January 19, 2021, at 11:00 a.m., to allow Movant to effectuate proper service on the Claimant.


While Movant previously sent out a notice of continuance served in accordance with FRBP 7004, the notice of continuance is insufficient, as it does not comply with Local Rule 3007-1(b)(3) which provides as follows: "notice must advise the claimant of the date, time, and place of hearing, and state: (A) A response must be filed and served not later than 14 days prior to the date of hearing set forth in the notice; and (B) If a response is not timely filed and served, the court may grant the relief requested in the objection without further notice or hearing."


Movant is to file a Notice of Continuance and Supplemental Proof of Service which addresses the foregoing by no later than December 23, 2020.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


****************************************************************************** Tentative for 11/3/20 is to CONTINUE to December 15, 2020, at 11:00 a.m. to allow Movant to effectuate proper service on the Claimant.

11:00 AM

CONT...


Charles A Tumbrello and Monika C Tumbrello


Chapter 7

Claimant was not properly served. LBR 3007-1(b)(2) requires claim objections to be served pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than November 13, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Charles A Tumbrello Pro Se

Joint Debtor(s):

Monika C Tumbrello Pro Se

Movant(s):

Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

Trustee(s):

Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

11:00 AM

6:13-25806


Ruben Tarin Garcia and Juana Lopez Garcia


Chapter 7


#7.00


Hrg. on Debtor's Motion filed 11/09/2020 to Reconsider Debtors' Motion to Reopen under Bankruptcy Rule Section 9024


EH        


Docket 20

*** VACATED *** REASON: ORDER DENYING MOTION ENTERED 12/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruben Tarin Garcia Represented By Dana Travis

Vasu Vijayraghavan

Joint Debtor(s):

Juana Lopez Garcia Represented By Dana Travis

Vasu Vijayraghavan

Movant(s):

Ruben Tarin Garcia Represented By Dana Travis

Vasu Vijayraghavan

Juana Lopez Garcia Represented By Dana Travis

Vasu Vijayraghavan

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:18-10153


Matthew A Krechmery and Regina Krechmery


Chapter 7


#8.00


Hrg. on Ch 7 Trustee's Motion filed 11/10/20 to Allow Claim 5,6 of Synchrony Bank as Late Filed, Allowable Against a Surplus Only


EH        


Docket 59


Tentative Ruling:

Tentative for 12/15/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 481 4642


Password: 341125


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Matthew A Krechmery Represented By Terrence Fantauzzi

11:00 AM

CONT...


Matthew A Krechmery and Regina Krechmery


Chapter 7

Joint Debtor(s):

Regina Krechmery Represented By Terrence Fantauzzi

Movant(s):

John P Pringle (TR) Represented By Toan B Chung

Trustee(s):

John P Pringle (TR) Represented By Toan B Chung

11:00 AM

6:18-11001


San Juanita Rodriguez


Chapter 7


#9.00


Hrg. on trustee's final report; applications for compensation EH            

[Lynda Bui, chapter 7 trustee] [Fees; $1183.67]


Docket 29


Tentative Ruling:

Tentative for 12/15/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 481 4642


Password: 341125


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


San Juanita Rodriguez


Chapter 7

San Juanita Rodriguez Pro Se

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:18-19043


Donald Meredith Dible


Chapter 7


#10.00


Hrg. on trustee's final report; applications for compensation EH            

[Larry D. Simons, chapter 7 trustee] [Fees:$3,350.00; Expenses: $47.95]


[Levene Neale Bender Rankin & Brill LLP, attorney for trustee] [Fees:$15,500.00; Expenses: $707.24]


Docket 62


Tentative Ruling:

Tentative for 12/15/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 481 4642


Password: 341125


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

11:00 AM

CONT...


Debtor(s):


Donald Meredith Dible

Party Information


Chapter 7

Donald Meredith Dible Represented By Stephen H Darrow

Trustee(s):

Larry D Simons (TR) Represented By Anthony A Friedman

11:00 AM

6:19-10008


LaTronia Chantanise Gipson and Roy Lester Colbert, Jr


Chapter 7


#11.00


Hrg. on chapter 7 trustee's Motion filed 11/20/20 to Reconsider Order on Motion to Reopen Case in Order to Amend Schedules A/B and C


EH            


Docket 42


Tentative Ruling:

Tentative for 12/15/20 is to DENY:


Trustee's motion states that reconsideration of the Court Order reopening this case to allow Debtor to amend schedules is appropriate because a debtor does not have the right, as a matter of course, to amend schedules after the bankruptcy is closed.


The Court notes that Trustee cites to no Ninth Circuit legal authority to support his contention, and in fact, the Ninth Circuit BAP has indicated, even after the Law v. Siegel decision, that "for the purposes of filing amendments, there is no difference between an open case and a reopened case, and [a debtor in a reopened case does] not need the court's permission to amend." Parker v.

Smith (In re Smith), No. EC-16-1140-BJuTa, 2017 Bankr. LEXIS 1119, at * 11-12 (B.A.P. 9th Cir. Apr. 24, 2017) (citing Goswami v. MTC Distrib. (In re Goswami), 304 B.R. 386, 393 (9th Cir. BAP 2003)).


In light of the foregoing, the Court is inclined to DENY Trustee's Motion for Reconsideration.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser

11:00 AM

CONT...


LaTronia Chantanise Gipson and Roy Lester Colbert, Jr


Chapter 7

by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1604814642 Meeting ID: 160 481 4642

Password: 341125

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 481 4642

Password: 341125


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

LaTronia Chantanise Gipson Represented By Nicholas M Wajda

11:00 AM

CONT...


LaTronia Chantanise Gipson and Roy Lester Colbert, Jr


Chapter 7

Joint Debtor(s):

Roy Lester Colbert Jr Represented By Nicholas M Wajda

Movant(s):

Steven M Speier (TR) Represented By Robert P Goe

Trustee(s):

Steven M Speier (TR) Represented By Robert P Goe

11:00 AM

6:19-10008


LaTronia Chantanise Gipson and Roy Lester Colbert, Jr


Chapter 7


#12.00


Hrg. on chapter 7 trustee's Motion filed 11/20/20 Objecting to Debtors' Claim of Exemption in Proceeds from Pending Malpractice Claim Pursuant to CCP Section 704.140


EH            


Docket 43


Tentative Ruling:

Tentative for 12/15/20 is to OVERRULE:


"[T]he Debtor must meet two criteria before an exemption pursuant to CCP §

704.140 may be taken. First, the funds sought to be exempted must arise as a result of 'personal injury.' Second, the funds are only exempt 'to the extent necessary for the support" of the Debtor.' Sylvester v. Hafif (In re Sylvester), 220 B.R. 89, 91 (B.A.P. 9th Cir. 1998).


In the context of a malpractice action, the Court should look "beyond the malpractice action itself in order to determine the character of the funds sought to be recovered" to evaluate the first prong. Sylvester v. Hafif (In re Sylvester), 220 B.R. 89, 92 (B.A.P. 9th Cir. 1998).


Debtors' schedules state that the malpractice lawsuit sought to be exempted pursuant to CCP § 704.140 is "related to a personal injury claim," and that the amount recovered will be "based on future support requiremen[ts]." Debtors’ reply, albeit late filed, further supports the foregoing.


Additionally, Trustee’s arguments for equitable estoppel are insufficient. Four elements must be present in order to apply the doctrine of equitable estoppel: "(1) the party to be estopped must be apprised of the facts; (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estoppel had a right to believe it was so intended; (3) the other party must be ignorant of the true state of facts; and (4) he must rely upon the conduct to his injury." Krolikowski v. San Diego City Employees' Ret. Sys., 24 Cal. App.

11:00 AM

CONT...


LaTronia Chantanise Gipson and Roy Lester Colbert, Jr


Chapter 7

5th 537, 564–65, 234 Cal. Rptr. 3d 499, 521 (2018), review denied (Sept. 19, 2018) (emphasis added). Trustee fails to provide an adequate showing of two crucial elements to the analysis: 1) Debtors' intent to mislead the Trustee, and

2) Trustee’s injury.


Therefore, the Court is inclined to OVERRULE the objection to Debtor's claimed exemption.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1604814642 Meeting ID: 160 481 4642

Password: 341125

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 481 4642

Password: 341125

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

11:00 AM

CONT...

LaTronia Chantanise Gipson and Roy Lester Colbert, Jr

Chapter 7


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

LaTronia Chantanise Gipson Represented By Nicholas M Wajda

Joint Debtor(s):

Roy Lester Colbert Jr Represented By Nicholas M Wajda

Movant(s):

Steven M Speier (TR) Represented By Robert P Goe

Trustee(s):

Steven M Speier (TR) Represented By Robert P Goe

11:00 AM

6:19-17966


Genaro Rodriguez


Chapter 7


#13.00


Hrg. on trustee's final report; applications for compensation


[Lynda Bui, chapter 7 trustee] [Fees; $1323.72]


EH     


Docket 29


Tentative Ruling:

Tentative for 12/15/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 481 4642


Password: 341125


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


Genaro Rodriguez


Chapter 7

Genaro Rodriguez Represented By James G. Beirne

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:19-18882


Samuel Munoz and Maria C Padilla-Betancourt


Chapter 7


#14.00


Hrg. on approval of trustee's final report; applications for compensation EH            

[Todd A. Frealy, chapter 7 trustee] [Fees: $1,197.91; Expenses; $45.85]


Docket 24


Tentative Ruling:

Tentative for 12/15/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 481 4642


Password: 341125


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


Samuel Munoz and Maria C Padilla-Betancourt


Chapter 7

Samuel Munoz Represented By

Michael H Colmenares

Joint Debtor(s):

Maria C Padilla-Betancourt Represented By

Michael H Colmenares

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-11383


Jeffrey Allen Pringle and Jennifer Lynn Pringle


Chapter 7


#15.00


Hrg. on approval of trustee's final report; applications for compensation EH            

[Robert S. Whitmore, chapter 7 trustee] [Fees; $864.00; Expenses; $99.75]


Docket 29


Tentative Ruling:

Tentative for 12/15/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 481 4642


Password: 341125


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


Jeffrey Allen Pringle and Jennifer Lynn Pringle


Chapter 7

Jeffrey Allen Pringle Represented By Daniel King

Joint Debtor(s):

Jennifer Lynn Pringle Represented By Daniel King

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-14340


Naghmeh Zand


Chapter 7


#16.00


CONT. Hrg. on Debtor's Motion filed 9/29/20 for redemption under 11 U.S.C. Section 722


From: 11/3/20 EH            


Docket 12


Tentative Ruling:

Tentative for 12/15/20 is to GRANT.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 481 4642


Password: 341125


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.


***************************************************************************

11:00 AM

CONT...


Naghmeh Zand


Chapter 7

Tentative for 11/3/20 is to CONTINUE to December 15, 2020, at 11:00 a.m., to allow the Debtor to properly effectuate service on Mercedes Benz Financial Services ("Lienholder").


Lienholder was not served pursuant to FRBP 7004. The advisory committee notes to FRBP 6008 state that a proceeding under 11 U.S.C. Section 722 “is governed by Rule 9014." FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than November 6, 2020.


The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Naghmeh Zand Represented By

Ethan Kiwhan Chin

Movant(s):

Naghmeh Zand Represented By

Ethan Kiwhan Chin

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:12-28006


City of San Bernardino, California


Chapter 9

Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


#17.00


CONT Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings


From: 9/22/20, 11/3/20


EH            


Docket 15

*** VACATED *** REASON: CONTINUED TO 2/16/21 BY ORDER ENTERED 12/8/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

City of San Bernardino, California Represented By

Paul R. Glassman Fred Neufeld Laura L Buchanan

Defendant(s):

City of San Bernardino Represented By Paul R. Glassman

Movant(s):

City of San Bernardino Pro Se

City of San Bernardino Represented By Paul R. Glassman

Plaintiff(s):

PLACO SAN BERNARDINO, Represented By

1:30 PM

CONT...


City of San Bernardino, California


Raymond B Kim


Chapter 9

1:30 PM

6:18-12715


Big Bear Bowling Barn, Inc.


Chapter 11


#18.00


CONT Hrg. on Order to Show Cause why this case should not be dismissed or converted to chapter 7


(From: 9/29/20)


Docket 0

*** VACATED *** REASON: CASE CLOSED 11/12/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

Lawrence R Fieselman

1:30 PM

6:18-12715


Big Bear Bowling Barn, Inc.


Chapter 11


#19.00


CONT Hrg. on Post Confirmation Status Conference EH            

(From 9/29/20)


Docket 0

*** VACATED *** REASON: CASE CLOSED 11/12/20 - slh

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos

Lawrence R Fieselman

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#20.00


CONT Hrg. on Chapter 11 Status Conference EH            

From: 9/29/20, 10/20/20


Docket 0


Tentative Ruling:

Tentative for 12/15/20 is to CONTINUE to January 5, 2021, at 1:30 p.m., to be heard concurrently with the hearing on the adequacy of Debtor's Disclosure Statement. A status report is due 14 days in advance.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#21.00


Hrg. on Debtor's Motion filed 11/24/20 for entry of an order authorizing assumption of non-residential real property lease with RJG properties, LLC


EH            


Docket 59


Tentative Ruling:

Tentative for 12/15/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615856615 Meeting ID: 161 585 6615

Password: 946523


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 585 6615

1:30 PM

CONT...


Camp Croteau, Inc.


Chapter 11


Password: 946523


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Camp Croteau, Inc. Represented By Todd L Turoci

Trustee(s):

Caroline Renee Djang Pro Se

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#22.00


CONT Hrg. on Debtor's Motion to Approve Use Cash Collateral for Ordinary Expenses and Adequate Protection


(Cont. from 8/18/20) EH            


Docket 7


Tentative Ruling:

Tentative for 12/15/20 is to GRANT.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615856615 Meeting ID: 161 585 6615

Password: 946523


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...


Camp Croteau, Inc.


Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 585 6615

Password: 946523


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Camp Croteau, Inc. Represented By Todd L Turoci

Movant(s):

Camp Croteau, Inc. Represented By Todd L Turoci Todd L Turoci Todd L Turoci

Trustee(s):

Caroline Renee Djang Pro Se

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#23.00


CONT Hrg. on Subchapter V Status Conference From 8/18/20

Docket 0


Tentative Ruling:

Tentative for 12/15/20 is to set a CONTINUED status conference hearing for March 9, 2021, at 1:30 p.m. A status report is due 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1615856615 Meeting ID: 161 585 6615

Password: 946523

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 585 6615

1:30 PM

CONT...

Camp Croteau, Inc.

Chapter 11


Password: 946523


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Camp Croteau, Inc. Represented By Todd L Turoci

Trustee(s):

Caroline Renee Djang Pro Se

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#24.00


Hrg. on Confirmation of Chapter 11 Plan EH     

Docket 0

*** VACATED *** REASON: CONTINUED TO 3/9/21 BY ORDER ENTERED 12/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Camp Croteau, Inc. Represented By Todd L Turoci

Trustee(s):

Caroline Renee Djang Pro Se

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#25.00


Hrg. on creditor, Ben Clymer's The Body Shop Perris, LLC's Motion For An Order Allowing And Ordering Payment Of The Administrative Claim Of Ben Clymer's The Body Shop Perris, LLC.


EH            


Docket 280


Tentative Ruling:

Tentative for 12/15/20 is to CONTINUE to 1/21/21 at 1:30 p.m., to be heard concurrently with the evidentiary hearing Trustee's Motion to Consolidate.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#26.00


Farivar Law Firm, APC - movant attorney Motion for Relief from Stay

Creditor, Ben Clymer's The Body Shop Perris, LLC vs. DEBTOR (Motion filed 11/24/20)


Re: 12203 Magnolia Avenue, Riverside, CA 92503 EH            

Docket 283


Tentative Ruling:

Tentative for 12/15/20 is to CONTINUE to 1/21/21 at 1:30 p.m., to be heard concurrently with the evidentiary hearing Trustee's Motion to Consolidate.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

1:30 PM

6:18-10058


Lisa M Garcia


Chapter 7

Adv#: 6:18-01065 Fawzy v. Garcia


#12.00

Hearing After Remand


Docket 0

*** VACATED *** REASON: CONTINUED TO 1/19/21 BY ORDER ENTERED ON 12/15/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lisa M Garcia Represented By Stephen R Wade David N LeGrande

Defendant(s):

Lisa M. Garcia Represented By Stephen R Wade

Plaintiff(s):

Sameh Fawzy Represented By Christopher O Rivas

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:18-14917


Hao Wang


Chapter 7

Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang


#13.00


CONT PRE-TRIAL CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Hao Wang - 727(c),(d),(e)


(Cont. from 9/2/20) EH            


Docket 1

*** VACATED *** REASON: CONTINUED TO 2/16/21 @ 1:30 P.M. BY ORDER ENTERED ON 11/2/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hao Wang Represented By

Sam X J Wu

Defendant(s):

Hao Wang Pro Se

Plaintiff(s):

United States Trustee for the Central Represented By

Everett L Green Abram Feuerstein esq

Trustee(s):

Arturo Cisneros (TR) Represented By Thomas H Casey

1:30 PM

6:19-13251


David Henry Hilton, Jr.


Chapter 7

Adv#: 6:19-01110 Redd v. Hilton, Jr.


#14.00


CONT PRE-TRIAL CONFERENCE re: Complaint by LaToya S Redd against David Henry Hilton Jr.. - 727, 523(a)(2)


EH            


(Cont. from 9/23/20)


Docket 1

*** VACATED *** REASON: Cont. to 2/16/21 @ 1:30 p.m. - jc Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

David Henry Hilton Jr. Pro Se

Defendant(s):

David Henry Hilton Jr. Pro Se

Plaintiff(s):

LaToya S Redd Represented By LaToya Redd

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:19-16136


Daniel D. Neifer


Chapter 7

Adv#: 6:20-01152 Whitmore, Chapter 7 Trustee v. Tyrone aka Jennifer Neifer


#15.00


CONT. STATUS CONFERENCE re: Complaint by Robert S. Whitmore, Chapter 7 Trustee against Jennifer Lynn Tyrone aka Jennifer Neifer for Recovery of money/property - 542 turnover of property; Recovery of money/property - 548 fraudulent transfer


From: 10/18/20 EH            

Docket 1

*** VACATED *** REASON: ADVERSARY DISMISSED ON 11/24/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel D. Neifer Represented By Gregory Ashcraft

Defendant(s):

Jennifer Lynn Tyrone aka Jennifer Pro Se

Plaintiff(s):

Robert S. Whitmore, Chapter 7 Represented By Hydee J Riggs

Trustee(s):

Robert Whitmore (TR) Represented By Hydee J Riggs

1:30 PM

6:20-10700


Javier A Garcia Hernandez


Chapter 7

Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.


#16.00


CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay and Violation of Section 19719 of the Cal. Rev. and Tax Code


From: 11/4/20 EH             

Docket 1

*** VACATED *** REASON: CONTINUED TO 2/17/21 @ 1:30 BY ORDER ENTERED 12/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Javier A Garcia Hernandez Represented By

George C Panagiotou

Defendant(s):

Curacao, LTD A California Limited Pro Se Southwest Law Group PC Pro Se

Ramy Wasef Shoukry Pro Se

Joint Debtor(s):

Tatiana Ferrufino Represented By

George C Panagiotou

Plaintiff(s):

Tatiana Ferrufino Represented By

1:30 PM

CONT...


Trustee(s):


Javier A Garcia Hernandez


George C Panagiotou Stephan A Hoover


Chapter 7

Larry D Simons (TR) Pro Se

1:30 PM

6:20-10700


Javier A Garcia Hernandez


Chapter 7

Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.


#17.00


Hrg. on Order to Appear and Show Cause why the adversary proceeding should not be dismissed for lack of prosecution


EH            


Docket 0

*** VACATED *** REASON: ORDER DISCHARGING ORDER TO SHOW CAUSE ENTERED ON 12/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Javier A Garcia Hernandez Represented By

George C Panagiotou

Defendant(s):

Curacao, LTD A California Limited Pro Se Southwest Law Group PC Pro Se

Ramy Wasef Shoukry Pro Se

Joint Debtor(s):

Tatiana Ferrufino Represented By

George C Panagiotou

Plaintiff(s):

Tatiana Ferrufino Represented By

George C Panagiotou Stephan A Hoover

1:30 PM

CONT...

Trustee(s):


Javier A Garcia Hernandez


Chapter 7

Larry D Simons (TR) Pro Se

10:00 AM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:20-01138 Golden v. McKenna et al


#1.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance Of Post-Petition Transfer Pursuant To 11 U.S.C. Section 549(a);

  2. Recovery Of Avoided Transfer Under 11 U.S.C. Section 550;

  3. Preservation Of Transfer For The Benefit Of The Estate Pursuant To 11

    U.S.C. Section 551;

  4. Revocation Of Trust;

  5. Declaratory Relief; And

  6. Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542 (Complaint filed 9/25/2020)


Docket 1

*** VACATED *** REASON: CONTINUED TO JANUARY 20, 2021 AT 1:30 P.M. PER ORDER GRANTING STIPULATION BETWEEN PLAINTIFF AND DEFENDANTS ENTERED 10-22-2020 - (DOCKET NO. [8])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Tim M McKenna Represented By Robert P Goe

Courtney Statham Represented By Robert P Goe

Tim M. McKenna Pro Se

10:00 AM

CONT...


Tim M McKenna


Chapter 7

Plaintiff(s):

Jeffrey I Golden Represented By Reem J Bello

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

11:00 AM

8:16-11039


Mohsen Mehrtash


Chapter 7

Adv#: 8:17-01044 Samuels et al v. Mehrtash


#2.00


CONT'D STATUS CONFERENCE: Complaint To Determine Non-

Dischargeability Of Debt (Complaint filed 3/22/2017)

[Case transferred from CB on 7/31/2020]

(PTC set per Order Entered 8/5/2020)

(S/C set per Order Entered 10-6-2020 - Dk. No. [57])


FR: 6-7-17; 9-13-17; 11-29-17; 2-14-18; 5-9-18; 7-11-18; 8-29-18; 10-10-18;

12-12-18; 1-9-19; 2-27-19' 4-3-19; 5-7-19; 11-21-19; 5-22-20; 10-21-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - PER ORDER DISMISSING ENTIRE ACTION PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE RULE 41(a)(1)(A)(ii) - (DOCKET NO. [64])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mohsen Mehrtash Represented By Michael Jones

Defendant(s):

Mohsen Mehrtash Represented By Michael Jones

Plaintiff(s):

Sondra M Samuels Represented By Lisa A Stepanski

Sondra M Samuels Represented By Lisa A Stepanski

11:00 AM

CONT...

Trustee(s):


Mohsen Mehrtash


Chapter 7

Jeffrey I Golden (TR) Represented By Reem J Bello

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01171 Casey v. Downs


#3.00


CONT'D Hearing RE: Motion To Dismiss Adversary Proceeding For Failure To Prosecute Pursuant To Rule 41(b)

(Motion filed 8/28/2020)


FR: 9-23-20; 10-7-20; advanced from 12-18-20


Docket 38

*** VACATED *** REASON: OFF CALENDAR PER ORDER DISMISSING ADVERSARY PROCEEDING ENTERED 12-2-2020 - (DOCKET NO. [58])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Whitney Downs Represented By Donald W Reid

Movant(s):

Whitney Downs Represented By Donald W Reid

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch

Trustee(s):

Thomas H Casey (TR) Represented By

11:00 AM

CONT...


Andrea Steinmann Downs


Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall


Chapter 7

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01171 Casey v. Downs


#4.00


CONT'D STATUS CONFERENCE Hearing RE:Complaint: Avoidance Of Transfers Under CCC Section 3439.04(a)(1) & (2) and 3439.05; Recovery; Preservation; Declaratory Relief; Turnover; and Attorneys' Fees And Costs (Complaint filed 9/17/2020)

(Another summons issued on 11/27/2018)

[Case transferred from CB on 7/31/2020]


FR: 2-12-19; 4-23-19; 6-25-19; 9-10-19; 12-3-19; 3-24-20; 11-28-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER DISMISSING ADVERSARY PROCEEDING ENTERED 12-2-2020 - (DOCKET NO. [58])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Whitney Downs Represented By Donald W Reid

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen

11:00 AM

CONT...


Andrea Steinmann Downs


Jeffrey I Golden Faye C Rasch Ryan W Beall


Chapter 7

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01050 Marshack v. West Coast Business Capital LLC,


#5.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:

  1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;

  2. Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);

  3. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B)

  4. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

  5. Recovery Of Property Pursuant To 11 U.S.C. Section 550;

  6. Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;

  7. Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);

  8. Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;

  9. Fraud;

  10. Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);

  11. Declaratory Relief; And

  12. Usury

    (Complaint filed 3/20/19)

    (First Amended Complaint filed 8/16/19) (First Amended Complaint filed 12/4/19) (PTC set at S/C held 11/6/19)


    FR: 6-26-19; 8-7-19; 9-18-19; 11-6-19; 8-19-20; 10-21-20


    Docket 53

    *** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION FOR ORDER DISMISSING ADVERSARY PROCEEDING WITH PREJUDICE - (DOCKET NO. [69])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Luminance Recovery Center, LLC


    Chapter 7

    Luminance Recovery Center, LLC Represented By

    Jeffrey I Golden Beth Gaschen

    Defendant(s):

    West Coast Business Capital LLC, Represented By

    Michael W Davis

    Plaintiff(s):

    Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen Faye C Rasch

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

    Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

    11:00 AM

    8:18-13145


    James L Conkey


    Chapter 7

    Adv#: 8:18-01212 Saab et al v. Conkey


    #6.00


    CONT'D PRE-TRIAL CONFERENCE Hearing RE: Second Amended Complaint To Determine Dischargeability Of Debt

    (Complaint filed 12/3/18)

    Advanced from 11/6/19 - Order Entered 8-15-19) (Second Amended Complaint filed 3/19/19) (PTC set at S/C held 12/18/19)


    FR: 2-27-19; 5-1-19; 5-15-19; advanced from 11-6-19; 9-18-19; 12-18-19;

    12-16-20


    Docket 22

    *** VACATED *** REASON: CONTINUED TO APRIL 7, 2021 AT 1:30

    P.M. PER ORDER AMENDING STATUS CONFERENCE AND SCHEDULING ORDER ENTERED 8-11-2020 - (DOCKET NO. [74])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    James L Conkey Represented By Laleh Ensafi

    Defendant(s):

    James L Conkey Represented By Donald W Reid

    Plaintiff(s):

    Camil Saab Represented By

    Douglas Jaffe

    Helou Saab, Inc. Represented By Douglas Jaffe

    11:00 AM

    CONT...

    Trustee(s):


    James L Conkey


    Chapter 7

    Jeffrey I Golden (TR) Pro Se

    11:00 AM

    8:18-13666


    Brooks T Morgan


    Chapter 7

    Adv#: 8:19-01013 Lopez et al v. Morgan


    #7.00


    CONT'D PRE-TRIAL CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt And Objecting To Discharge

    [11 USC Sections 523(a)(4), 523(a)(6)]

    (Complaint filed 1/14/19) (PTC set at S/C held 4-4-19)


    FR: 4-4-19; 2-5-20; 2-12-20; 2-19-20; 7-15-20


    Docket 1

    *** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING PURSUANT TO F.R.B.C. 7041 AND F.R.C.P. 41(a)(1)(ii) ENTERED 10-27- 2020 - (DOCKET NO. [31])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Brooks T Morgan Represented By Donald W Sieveke

    Defendant(s):

    Brooks T Morgan Represented By Anerio V Altman

    Plaintiff(s):

    Joanna N Lopez Represented By Katrina Anne Foley B James Pantone

    Maria Arellano Represented By Katrina Anne Foley B James Pantone

    11:00 AM

    CONT...

    Trustee(s):


    Brooks T Morgan


    Chapter 7

    Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden

    11:00 AM

    8:19-13560


    Eagan Avenatti, LLP and Simeon Osborn


    Chapter 7


    #8.00


    CONT'D Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-cv-08313- JAK-JPR

    (Motion filed 10/16/2020) FR: 11-18-20

    Docket 212


    Tentative Ruling:

    Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


    The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    ******************************************************************************* Tentative for 11/18/20:


    In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


    The 11/18 hearing is hereby vacated; appearances will not be permitted.

    Party Information

    Debtor(s):

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    Simeon Osborn Represented By Aaron J Malo

    Movant(s):

    Hrayr Shahinian Represented By

    11:00 AM

    CONT...


    Trustee(s):


    Eagan Avenatti, LLP and Simeon Osborn

    Erick Kuylman


    Chapter 7

    Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

    Judith E Marshack John P. Reitman Meghan C Murphey

    11:00 AM

    8:19-13560


    Eagan Avenatti, LLP and Simeon Osborn


    Chapter 7


    #9.00


    CONT'D Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)


    FR: 11-18-20


    Docket 219


    Tentative Ruling:

    Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


    The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    ****************************************************************************** Tentative for 11/18/20:


    In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


    The 11/18 hearing is hereby vacated; appearances will not be permitted.

    Party Information

    Debtor(s):

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    Simeon Osborn Represented By Aaron J Malo

    Movant(s):

    Hrayr Shahinian Represented By

    11:00 AM

    CONT...


    Trustee(s):


    Eagan Avenatti, LLP and Simeon Osborn

    Erick Kuylman


    Chapter 7

    Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

    Judith E Marshack John P. Reitman Meghan C Murphey

    11:00 AM

    8:19-14348


    Alisandro Romero


    Chapter 7

    Adv#: 8:20-01015 Petersen v. Romero


    #10.00


    CONT'D Hearing RE: Motion For Reconsideration Pursuant To FRCP 60(b) (Motion filed 11/4/2020)


    FR: 11-18-20


    Docket 32


    Tentative Ruling:

    Tentative for 12/16/20:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1601216130 Meeting ID: 160 121 6130

    Password: 999462


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    11:00 AM

    CONT...


    Alisandro Romero


    Chapter 7

    Meeting ID: 160 121 6130

    Password: 999462


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Alisandro Romero Represented By Rex Tran

    Defendant(s):

    Alisandro Romero Represented By Thomas J Polis

    Movant(s):

    Michael Petersen Pro Se

    Plaintiff(s):

    Michael Petersen Pro Se

    Trustee(s):

    Karen S Naylor (TR) Represented By Nanette D Sanders

    11:00 AM

    8:20-10521


    Lina Ghaleb Abdelrahim


    Chapter 7


    #11.00


    Hearing RE: Chapter 7 Trustee's Report And Applications For Compensation And Reimbursement Of Expenses

    (Final Report filed 11/9/2020)


    [RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $560.25; Expenses: $247.80]


    Docket 0


    Tentative Ruling:

    Tentative for 12/16/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 121 6130

    Password: 999462


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Trustee to lodge an order within seven (7) days.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Lina Ghaleb Abdelrahim


    Chapter 7

    Lina Ghaleb Abdelrahim Represented By Brian J Soo-Hoo

    Trustee(s):

    Karen S Naylor (TR) Pro Se

    11:00 AM

    8:18-13010


    Liezl Diaz Deocampo and Julius B. Deocampo


    Chapter 7


    #11.10


    Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From May 9, 2019 Through November 25, 2020

    (Application filed 11/25/2020)


    [RE: WEILAND GOLDEN GOODRICH, LLP - Attorneys For Chapter 7 Trustee]

    [Fees: $60,405.00; Expenses: $352.50]


    Docket 174


    Tentative Ruling:

    Tentative for 12/16/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 160 121 6130


    Password: 999462


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Liezl Diaz Deocampo and Julius B. Deocampo


    Chapter 7

    Liezl Diaz Deocampo Represented By

    James D. Hornbuckle

    Joint Debtor(s):

    Julius B. Deocampo Represented By

    James D. Hornbuckle

    Trustee(s):

    Jeffrey I Golden (TR) Represented By Reem J Bello

    Riverside

    Judge Scott Clarkson, Presiding Courtroom 126 Calendar


    Thursday, December 17, 2020

    Hearing Room

    126


    2:00 PM

    6:20-14798


    Ben Clymer's The Body Shop Perris Inc.


    Chapter 11


    #25.00


    Hrg. on Motion for Turnover of Property as against Robert M. Yaspan and Law Offices of Robert M. Yaspan


    EH        


    Docket 317


    Tentative Ruling:

    Tentative for 12/17/20 is to GRANT.


    The 12/17 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    Debtor(s):

    Ben Clymer's The Body Shop Perris Represented By

    Robert M Yaspan

    Trustee(s):

    Todd A. Frealy (TR) Represented By Monica Y Kim

    Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

    David B Golubchik

    10:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7


    #1.00


    Motion for relief from stay [Action In Non-Bankruptcy Forum]


    Hausman Holdings, LLC And David and Pamela Moellenhoff vs. DEBTOR (Motion filed 11/23/2020)


    Docket 973


    Tentative Ruling:

    Tentative for 12/17/20:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1607032261 Meeting ID: 160 703 2261

    Password: 341572


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 160 703 2261

    10:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7


    Password: 341572


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Andrea Steinmann Downs Pro Se

    Movant(s):

    Hausman Holdings, LLC Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

    Hausman Holdings, David and Represented By Malhar S Pagay Brett Ramsaur

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden

    10:00 AM

    CONT...


    Andrea Steinmann Downs


    Faye C Rasch Ryan W Beall


    Chapter 7

    10:00 AM

    8:19-13560


    Eagan Avenatti, LLP and Simeon Osborn


    Chapter 7


    #2.00


    CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]


    Stoll, Nussbaum & Polakov vs. DEBTOR (Motion filed 9/26/2019)

    [Case transferred from CB on 7/31/2020]


    [RE: Case Name: Eagan Avenatti LLP v. Stoll, Nussbaum & Polakov, et al.] [Docket No: 30-2011-00483570 Consolidated With 30-2013-00627604] [Pending In: California Superior Court For The County Of Orange


    FR: 11-5-19; 11-12-19; 12-3-19; 1-28-20; 3-24-20; 6-2-20; 9-24-20


    Docket 13

    *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FOR RELIEF FROM STAY FILED 12-7- 2020 - (DOCKET NO. [250])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    Simeon Osborn Represented By Aaron J Malo

    Movant(s):

    Stoll, Nussbaum & Polakov Represented By

    H James Keathley Karen S. Naylor

    Trustee(s):

    Richard A Marshack (TR) Represented By

    10:00 AM

    CONT...


    Eagan Avenatti, LLP and Simeon Osborn

    Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

    Meghan C Murphey


    Chapter 7

    10:00 AM

    8:20-13129


    Jon Alan Steelman and Carmen Steelman


    Chapter 7


    #3.00


    Motion for relief from stay [Personal Property]


    Exeter Finance LLC vs. DEBTOR (Motion filed 11/19/2020)


    [RE: 2017 Dodge Journey - VIN No.: 3C4PDCBB9HT562142]


    Docket 12


    Tentative Ruling:

    Tentaive for 12/17/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 160 703 2261


    Password: 341572


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    10:00 AM

    CONT...


    Debtor(s):


    Jon Alan Steelman and Carmen Steelman

    Party Information


    Chapter 7

    Jon Alan Steelman Represented By Paul Y Lee

    Joint Debtor(s):

    Carmen Steelman Represented By Paul Y Lee

    Movant(s):

    Exeter Finance LLC Represented By Sheryl K Ith

    Trustee(s):

    Richard A Marshack (TR) Pro Se

    11:00 AM

    8:20-10754


    Gary Song Jiunn Mor


    Chapter 11


    #4.00


    Motion for relief from stay [Personal Property]


    Ally Financial vs. DEBTOR (Motion filed 11/16/2020)


    [RE: 2016 Mclaren 650 Spider - VIN No.: SBM11FAA8GW005778]


    Docket 84


    Tentative Ruling:

    Tentative for 12/17/20:


    Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 161 301 7500


    Password: 212975


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

    11:00 AM

    CONT...


    Gary Song Jiunn Mor


    Chapter 11


    Movant to lodge an order within seven (7) days.

    Party Information

    Debtor(s):

    Gary Song Jiunn Mor Represented By Andy C Warshaw

    Movant(s):

    Ally Financial Represented By Greg P Campbell

    11:00 AM

    8:17-11743


    Cecilio Romero Murrietta and Irma Bonilla Murrietta


    Chapter 11


    #5.00


    CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization

    (D.S. filed 6/4/2020)

    (First Amended D.S filed 7/30/2020)

    (Plan Confirmation hearing set at D.S. hearing held 7/16/2020) (First Amended Plan filed 7/30/2020)


    FR: 7/16/20; 10-1-20; 11-5-20


    Docket 357

    *** VACATED *** REASON: CONTINUED TO JANUARY 21, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ON CONFIRMATION OF THE TRUSTEE'S FIRST AMENDED PLAN OF REORGANIZATION ENTERED 12-3-2020 - (DOCKET NO. [384])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Cecilio Romero Murrietta Represented By Andrew S Bisom

    Joint Debtor(s):

    Irma Bonilla Murrietta Represented By Andrew S Bisom

    Trustee(s):

    David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

    11:00 AM

    8:17-11743


    Cecilio Romero Murrietta and Irma Bonilla Murrietta


    Chapter 11


    #6.00


    CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

    (Petition filed 5/1/17)


    FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;

    8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20;

    7-16-20; 10-1-20; 11-5-20


    Docket 6

    *** VACATED *** REASON: CONTINUED TO JANUARY 21, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ON CONFIRMATION OF THE TRUSTEE'S FIRST AMENDED PLAN OF REORGANIZATION ENTERED 12-3-2020 - (DOCKET NO. [384])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Cecilio Romero Murrietta Represented By Andrew S Bisom

    Joint Debtor(s):

    Irma Bonilla Murrietta Represented By Andrew S Bisom

    Trustee(s):

    David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

    11:00 AM

    8:18-11116


    Luxent Inc.


    Chapter 11


    #7.00


    CONT'D Hearing RE: Post Confirmation Status Conference (Petition filed 3/30/2018)

    [Case transferred from CB on 7/31/2020]

    (S/C Advanced from 12/23/2020 per Order Entered 8/7/2020)


    FR: 4-11-18; 4-17-18; 8-1-28; 9-26-18; 11-28-18; 3-6-19; 3-13-19; 4-30-19;

    6-5-19; 7-31-19; 8-28-19; 10-9-19; 4-8-20; 4-15-20; 7-22-20


    Docket 1


    Tentative Ruling:

    Tentative for 12/17/20 is to CONTINUE to July 15, 2021, at 11:00 a.m. A status report is due 14 days in advance.


    The 12/17 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    Debtor(s):

    Luxent Inc. Represented By

    Todd C. Ringstad Brian R Nelson Richard C Donahoo

    11:00 AM

    8:20-11339


    Rockport Development, Inc.


    Chapter 11


    #8.00


    CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

    (Petition filed 5/7/2020)


    FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB); 7-16-20; 10-8-20


    Docket 1


    Tentative Ruling:

    Tentative for 12/17/20 is to CONTINUE to February 18, 2021, at 11:00 a.m., to be heard concurrently with the hearing on the adequacy of Debtor's dislosure statement, which is aniticipated to be filed prior to this hearing. A status report is due 14 days in advance.


    The 12/17 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    ****************************************************************************** Tentative for 10/8/20 is to CONTINUE to December 17, 2020, at 11:00 a.m. A status report is due 14 days in advance.


    Appearances for the 10/8 hearing are excused.


    ***************************************************************************** Tentative for 7/16/20 is to CONTINUE to October 8, 2020 at 11:00 a.m., and set the following dates/deadlines:


    1. Claims Bar Date: 8/15/20

    2. Deadline for filing Claim Objections: 12/31/20

    3. Deadline to file Plan and Disclosure Statement: 9/4/20


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and

11:00 AM

CONT...


Rockport Development, Inc.


Chapter 11

videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1604927436 Meeting ID: 160 492 7436

Password: 959938

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 492 7436

Password: 959938

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

Please note that default matters will be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-11939

Vasken K Kiladjian

Chapter 11

Adv#: 8:20-01139 Kiladjian v. Kiladjian

#9.00

STATUS CONFERENCE Hearing RE: Complaint For Declaratory Judgment And Nondischargeability Of Debt

(Complaint filed 9/28/2020)

Docket 1

*** VACATED *** REASON: CONTINUED TO JANUARY 7, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE TO COINCIDE WITH HEARING ON DEFENDANT'S MOTION TO DISMISS COMPLAINT ENTERED 12-4- 2020 - (DOCKET NO. [11])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Defendant(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Plaintiff(s):

Beth Kiladjian Represented By Robert P Goe Charity J Manee

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-11963


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11


#10.00


CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report

(Petition filed 7/10/2020) FR: 9-3-20


Docket 8


Tentative Ruling:

Tentative for 12/17/20 is to set an CONTINUED status conference on February 4, 2021, at 11:00 a.m. A status report is due 14 days in advance.


The Court has reviewed Debtor's Status Report filed 11/6/20 [Dk. 57], and the Response filed 11/13/20 [Dk. 60]. The Court is inclined to extend the deadline to file a plan and disclosure statement to December 30, 2020, unless Debtor provides additional evidence at the 12/17 hearing to show that good cause warrants further extension.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613017500 Meeting ID: 161 301 7500

Password: 212975

11:00 AM

CONT...


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 301 7500

Password: 212975


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************** Tentative for 9/3/20:


This is a single asset real estate Chapter 11. The Court is inclined to set the following dates/deadlines:


  1. Deadline to file Plan and D.S. - October 8, 2020


  2. Deadline to serve Plan and D.S. - September 15, 2020


  3. Proof of Claims Deadline - November 15, 2020

    11:00 AM

    CONT...


    TNP Spring Gate Plaza, LLC a Delaware limited liab


    Chapter 11

  4. Deadline to file Objections to Claims - January 15, 2021


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1612536348 Meeting ID: 161 253 6348

Password: 872218

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 253 6348

Password: 872218


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at

11:00 AM

CONT...


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11

https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#11.00


Hearing RE: Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 9, 2020 Through October 4, 2020

(Application filed 11/18/2020)


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]

[Fees: $72,653.00; Expenses: $5,068.08]


Docket 1373


Tentative Ruling:

Tentative for 12/17/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 301 7500


Password: 212975


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


WJA Asset Management LLC


Chapter 11

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

Movant(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#12.00


Hearing RE: Eighth And Final Application For Order Seeking Allowance And Payment Of Fees On A Final Basis For The Period From April 16, 2020 Through October 4, 2020

(Application filed 11/19/2020)

[For Debtor WJA Secure Real Estate Fund, LLC, Only]


[RE: MENCHACA & COMPANY - Accountants For Debtors And Debtors-In- Possession]

[Fees: $3,024.00, Expenses: $0.00]


[Approval of Fees on a Final Basis: Fees: 15,229.94; Expenses: $0.00] [Total Fees: $18,253.94 - Period From June 7, 2017 Through October 4, 2020]


Docket 1378


Tentative Ruling:

Tentative for 12/17/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 301 7500

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

Password: 212975


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.rder within seven (7) days.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston

Movant(s):

Menchaca & Company LLP Pro Se

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al


#13.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;

  1. Breach Of Security Instrument (Complaint filed 5/17/19)


    FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20; 7-16-20; 8-20-20; 10-22-20


    Docket 1


    Tentative Ruling:

    Tentative for 12/17/20 is to CONTINUE to February 4, 2021 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    The 12/17 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    *****************************************************************************

    Tentative for 10/22/20 is to CONTINUE to December 17, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    Appearances for the 10/22 hearing are excused.


    ****************************************************************************

    Tentative for 8/20/20 is to CONTINUE to October 22, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    Appearances for the 8/20 hearing are excused.


    **********************************************************************************

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11

    Tentative for 7/16/20 is to CONTINUE to August 20, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    Appearances for the 7/16 hearing are excused.


    *************************************************************************************** Tentative for 4/9/20 is to CONTINUE to July 16, 2020 at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before the hearing.


    Plaintiff is required to submit its motion seeking approval of the settlement by no later than May 15, 2020.


    Appearances for the 4/9 hearing are excused.


    ************************************************************************************* Tentative for 1/23/20:

    The Court has received and reviewed the status report filed 1/15/20 [Dk. 28] and will CONTINUE this status conference to April 9, 2020 at 11:00 a.m. A status report (whether joint or unilateral) for the April 9, 2020 hearing is due 14 days prior.


    The Court notes that settlement discussions were also referenced in a previous status report filed on 10/31/19 [Dk. 26]. Absent a showing of significant forward progress in the next status report, the Court will issue a scheduling order at the next status conference.


    Further, pursuant to the 11/7/19 tentative (set forth below), Plaintiff was instructed to file a status report 14 days in advance of this hearing (by 11/9/20). Plaintiff did not comply with this directive. Plaintiff also failed to timely file a status report for the 11/7/19 status conference, as directed by the 8/08/19 tentative (also set forth below). The Court will excuse the noncompliance in this instance; however, in light of the repeat violations, Plaintiff is cautioned that it may be subject to sanctions for

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11

    future violations.


    Appearances are excused.


    *************************************************************************** Tentative for 11/07/19:


    The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.


    The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.


    Appearances are excused.


    ************************************************************************************** Tentative for 8/08/19:


    This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.


    Appearances are excused.


    Debtor(s):


    Party Information

    WJA Asset Management LLC Represented By

    Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok

    Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Kathy Bazoian Phelps Timothy W Evanston


    Chapter 11

    Defendant(s):

    Suneet Singal Pro Se

    First Capital Real Estate Pro Se

    Stephen Howell Pro Se

    Central Valley Gas Stations Atwater Pro Se

    Plaintiff(s):

    TD REO Fund, LLC Represented By Michael W Davis Corey R Weber

    TD Opportunity Fund, LLC Represented By Michael W Davis Corey R Weber

    11:00 AM

    8:19-13728


    Thompson National Properties, LLC


    Chapter 11


    #14.00


    Hearing RE: Second Application For Approval Of Fees And Reimbursement Of Expenses For The Period From September 26, 2019 Through November 17, 2020

    (Application filed 11/18/2020)


    [RE: SHULMAN BASTIAN FRIEDMAN & BUI, LLP - Attorneys for the Debtor and Debtor in Possession]

    [Fees: $391,715.00; Expenses: $39,989.76]


    Docket 317


    Tentative Ruling:

    Tentative for 12/17/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 161 301 7500


    Password: 212975


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Thompson National Properties, LLC


    Chapter 11

    Thompson National Properties, LLC Represented By

    Leonard M Shulman

    Movant(s):

    Thompson National Properties, LLC Represented By

    Leonard M Shulman Leonard M Shulman

    11:00 AM

    8:18-14052


    Kendall Frozen Fruits, Inc. and KFF Holdings, Inc., fka


    Chapter 11


    #15.00


    Hearing RE: Application For Payment Of: Final Fees And/Or Expenses (11 U.S.C. Section 330) Period: 8/19/2020 to 11/16/2020

    (Application filed 11/16/20)


    [RE: LAW OFFICE OF DAVID AGLER, SPECIAL TAX COUNSEL]

    [Fees: $13,510.00; Expenses: $1,080.00]


    Docket 383


    Tentative Ruling:

    Tentative for 12/17/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 161 301 7500


    Password: 212975


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    11:00 AM

    CONT...


    Debtor(s):


    Kendall Frozen Fruits, Inc. and KFF Holdings, Inc., fka

    Party Information


    Chapter 11

    KFF Holdings, Inc., fka Kendall Represented By

    David Wood

    Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

    Movant(s):

    David Agler Pro Se

    Trustee(s):

    Howard B Grobstein (TR) Represented By David Wood

    Matthew Grimshaw Tinho Mang

    Annie Y Stoops

    M Douglas Flahaut Aram Ordubegian

    11:00 AM

    8:18-13324


    Ruby's Franchise Systems, Inc., a California


    Chapter 11


    #16.00


    Hearing RE: First Interim Fee Application For Approval Of Compensation And Reimbursement Of Costs For The Period From May 4, 2020 Through November 16, 2020

    (Application filed 11/19/2020)


    [RE: SL BIGGS - A Division Of SingerLewak - Accountants For Chapter 11 Trustee]

    [Fees: $60,267.00; Costs: $84.20]


    Docket 516


    Tentative Ruling:

    Tentative for 12/17/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 161 301 7500


    Password: 212975


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Ruby's Franchise Systems, Inc., a California


    Chapter 11

    Ruby's Franchise Systems, Inc., a Represented By

    Eric J Fromme Christopher J Harney

    Movant(s):

    SLBiggs Pro Se

    Trustee(s):

    Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

    11:00 AM

    8:18-13324


    Ruby's Franchise Systems, Inc., a California


    Chapter 11


    #17.00


    Hearing RE: First Interim Fee Application For Allowance And Payment Of Compensation And Reimbursement Of Expenses For The Period From April 16, 2020 Through November 23, 2020

    (Application filed 11/23/2020)


    [RE: PETER J. MASTAN - Chapter 11 Trustee] [Fees: $75,750.59; Expenses: $0.00]


    Docket 520


    Tentative Ruling:

    Tentative for 12/17/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 161 301 7500


    Password: 212975


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Ruby's Franchise Systems, Inc., a California


    Chapter 11

    Ruby's Franchise Systems, Inc., a Represented By

    Eric J Fromme Christopher J Harney

    Movant(s):

    Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

    Trustee(s):

    Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

    11:00 AM

    8:18-13324


    Ruby's Franchise Systems, Inc., a California


    Chapter 11


    #18.00


    Hearing RE: First Interim Fee Application For Allowance And Payment Of Compensation And Reimbursement Of Expenses Covering The Period From April 16, 2020 Through October 31, 2020

    (Application filed 11/24/2020)


    [RE: DINSMORE & SHOHL LLP - Attorneys For Chapter 11 Trustee] [Fees: $198,324.50; Expenses: $0.00]


    Docket 522


    Tentative Ruling:

    Tentative for 12/17/20 is to APPROVE as requested.


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


    The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 161 301 7500


    Password: 212975


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


    Movant to lodge an order within seven (7) days.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Ruby's Franchise Systems, Inc., a California


    Chapter 11

    Ruby's Franchise Systems, Inc., a Represented By

    Eric J Fromme Christopher J Harney

    Movant(s):

    Dinsmore & Shohl LLP Represented By Christopher Celentino

    Trustee(s):

    Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

    11:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7


    #19.00


    Hearing RE: First And Final Application For Compensation And Reimbursement Of Expenses For Period From September 4, 2018 Through April 14, 2020 (Application filed 11/25/2020)


    [RE: GLASSRATNER ADVISORY & CAPITAL GROUP, LLC - Financial

    Advisor For The Debtor]

    [Fees: $864,308.50; Expenses: $1,379.01]


    Docket 936


    Tentative Ruling:

    Tentative for 12/17/20 is to CONTINUE to February 4, 2021, at 11:00 a.m. to allow Applicant to file an amended application which addresses the following:


    1. On Pg. 11, the application appears to contain duplicative narrative summaries for the section entitled "13. Category 120 'Data Analysis.'"


    2. Pg. 12 is missing from the application. Accordingly, the Court is not provided the opportunity to evaluate the narrative summary pertaining to the section entitled "14. Category 130 'Litigation.'"


    3. The time entries located at Exhibit A are too small for the Court to review.


    4. A client declaration must be filed in support of the fee application pursuant to LBR 2016-1(a)(1)(J).


Applicant is advised to file a supplement which addresses the foregoing by not later than January 14, 2021, with a client declaration due by not later than January 21, 2021.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

11:00 AM

CONT...

Debtor(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

GlassRatner Advisory & Capital Represented By

William N Lobel

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#20.00


Hearing RE: First And Final Fee Applicaton for Compensation And Reimbursement Of Expenses For The Period From August 29, 2019 Through April 15, 2020

(Application filed 11/25/2020)


[RE: PACHULSKI STANG ZIEHL & JONES, LLP - General Bankruptcy Counsel for Debtors and Debtors-in-Possession]

[For RDI: - Fees: $4,053,170.50; Expenses: $51,495.21]

[For SoCal Debtors: Fees: $547,971.50; Expenses: $11,330.87]


Docket 935

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF FIRST AND FINAL APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FILED 12-10

-2020 - (DOCKET NO. [957])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Pachulski Stang Ziehl & Jones LLP Represented By

William N Lobel

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#21.00


Hearing RE: First And Final Application For Professional Fees And Reimbursement Of Expenses For The Period From September 22, 2018 Through And Including April 15,2020

(Application filed 11/25/2020)


[RE: WINTHROP GOLUBOW HOLLANDER, LLP - Attorneys For General Unsecured Creditors]

[Fees: $851,150.50; Expenses: $11,382.72]


Docket 934


Tentative Ruling:

Tentative for 12/17/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 301 7500


Password: 212975


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Winthrop Golubow Hollander, LLP Represented By

Garrick A Hollander

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#22.00


Hearing RE: First And Final Fee Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From September 27, 2018 Through April 15, 2020

(Application filed 11/30/2020)


[FORCE TEN PARTNERS, LLC - Former Financial Advisor To The Committee Of Unsecured Creditors]

[Fees: $336,181.00; Expenses: $1,942.23]


Docket 941


Tentative Ruling:

Tentative for 12/17/20 is to APPROVE as requested.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 301 7500


Password: 212975


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


Movant to lodge an order within seven (7) days.

Party Information

11:00 AM

CONT...

Debtor(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Force 10 Partners LLC Pro Se

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 11


#23.00


Hearing RE: Motion For Order (1) Converting The Bankruptcy Case To Chapter 7, Nunc Pro Tunc To November 24, 2020; (2) Approving The Continued Employment Of The Trustee's Professionals And Staff; And (3) Authorizing The Trustee To Continue To Use And Compensate Certain Independent Contractors And Eide Baily LLP As Bookkeepers

(Motion filed 11/24/2020)


Docket 524


Tentative Ruling:

Tentative for 12/17/20 is to APPROVE conversion and the continued employment of professionals as requested, except that the Court would like to discuss more completely the reasons and practical effects for a retroactive conversion date of November 24, 2020. For instance, is this relief sought solely to eliminate Chapter 11 US Trustee quarterly fees assessments? Are other Chapter 11 administrative fees being moved from a subpriority position to a priority (Chapter 7 administrative) position?


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613017500 Meeting ID: 161 301 7500

Password: 212975

11:00 AM

CONT...


Ruby's Franchise Systems, Inc., a California


Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 301 7500

Password: 212975


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

Eric J Fromme Christopher J Harney

Movant(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

11:00 AM

CONT...

Trustee(s):


Ruby's Franchise Systems, Inc., a California


Chapter 11

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

11:00 AM

8:20-12636


Golden Hotel LLC and Golden Capital Venture LLC


Chapter 11


#24.00


Hearing RE: Motion For Order Approving Bid Procedures For Sale Of The Real Property Located At 7762 Beach Boulevard, Buena Park, California, And Certain Related Personal Property

(Motion filed 12/8/2020)


Docket 126


Tentative Ruling:

Tentative for 12/17/20:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1613017500 Meeting ID: 161 301 7500

Password: 212975


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 301 7500

11:00 AM

CONT...


Golden Hotel LLC and Golden Capital Venture LLC


Chapter 11


Password: 212975


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01171 Casey v. Downs


#1.00


CONT'D Hearing RE: Motion To Dismiss Adversary Proceeding For Failure To Prosecute Pursuant To Rule 41(b)

(Motion filed 8/28/2020) FR: 9-23-20; 10-7-20

Docket 38


Debtor(s):

*** VACATED *** REASON: ADVANCED TO DECEMBER 16, 2020 AT 11:00 A.M. PER ORDER ADVANCING HEARING ON MOTION TO DISMISS ENTERED 10-2-2020 - (DOCKET NO. [51])

Party Information

Andrea Steinmann Downs Pro Se

Defendant(s):

Whitney Downs Represented By Donald W Reid

Movant(s):

Whitney Downs Represented By Donald W Reid

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch

11:00 AM

CONT...


Andrea Steinmann Downs


Ryan W Beall


Chapter 7


Wednesday, December 23, 2020 Hearing Room 5C


10:00 AM

8:20-13223


Innovation Pet, Inc., a California corporation


Chapter 11


#1.00


Final Hearing RE: Debtor And Debtor-In-Possession's Emergency Motion For Entry Of Interim And Final Orders Authorizing: (1) Debtor To Obtain Postpetition Financing Pursuant To 11 U.S.C. Sections 105, 361, 362 And 364;

(2) Debtor To Enter Into A License Agreement And Secondment Agreement With The Stalking Horse Bidder; (3) Directing Turnover And Sequestration Of Cash Collateral; And (4) Granting Related Relief

(Motion filed 11/20/2020)

(Final hearing set per Order Entered 12/2/2020) FR: 11-24-20

Docket 5

*** VACATED *** REASON: CONTINUED TO JANUARY 7, 2021 AT 1:30 P.M. PER AMENDED INTERIM ORDER ENTERED 12-3-2020 - (DOCKET NO. [34])

Party Information

Debtor(s):

Innovation Pet, Inc., a California Represented By

James C Bastian Jr Melissa Davis Lowe

Trustee(s):

Mark M Sharf (TR) Pro Se