10:00 AM
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 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.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey
10:00 AM
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 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.
Debtor(s):
Adolfo Preciado Delira Represented By Benjamin R Heston
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Christian Cain Morris Represented By Norma Duenas
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Max Montoy Lopez Sr. Represented By Todd L Turoci
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
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 for 01/07/20 is to DENY.
Movant possesses an equity cushion of 35%. See, Movant's Declaration at ¶
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):
Eric Lee Tavious Hill Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Eric Lee Tavious Hill Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Eric Lee Tavious Hill Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Charles D. Showalter Represented By Gregory Ashcraft
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Marilyn Yvette Harris Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Cynthia Ranee Trudeau Represented By Kristin R Lamar
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Maricel Palomino Represented By Gregory Ashcraft
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Denalonor Zuniga Represented By Stephen H Darrow
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 12/3/19 to Reopen Chapter 7 Case EH
Docket 15
- NONE LISTED -
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
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 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.
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
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 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.
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
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 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.
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
Hrg. on trustee's final report and applications for compensation EH
Docket 0
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.
Debtor(s):
Lee Collin Korman Represented By Jenny L Doling
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 12/2/19 to Change Venue EH
Docket 14
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
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.
Debtor(s):
Edilberto Norales Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
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 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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 for 01/07/20:
The Movant should come prepared to discuss the following issues:
Counsel’s authority to move on behalf of unrepresented claimants,
Status of class certification activities,
Deficiencies, if any, in the notices of bar date,
Whether the confusion of claimants is in any way attributable to the Debtors,
Why proofs of claim could not have been timely filed.
Appearances required.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
- NONE LISTED -
Debtor(s):
Delta Hospice of California Inc Represented By
David A Akintimoye
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 1
Tentative for 01/07/20 is to set the following dates/deadlines:
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.
March 15, 2020 - Claims Bar Date (as requested by Debtor in 12/23/19 Status Report [Dk. 13]).
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.
Debtor(s):
Nakamoto Bullies, Inc. Represented By Kevin Tang
10:00 AM
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 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.
Debtor(s):
Lorraine J. Ortiz Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
Maria Candelaria Rojas Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Colleen E Tabor Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Praise Chinecherem Okoh Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Derek Lavelle Williams Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Derek Lavelle Williams Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Denalonor Zuniga Represented By Stephen H Darrow
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
Jose Ricardo Garcia Pro Se
Joint Debtor(s):
Ana Garcia Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Nicholas Salotti Represented By
James D. Hornbuckle
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang
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 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.
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
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey
1:30 PM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
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 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
************************************************************************** Tentative for 5/15/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: July 31, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 15, 2019. Note: this is the date by which all non-discovery motions must be heard and resolved.
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.
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
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al
Hrg. on Plaintiff's Motion For Summary Judgment EH
Docket 15
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:
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
appears to be a legitimate supervening purpose.
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).
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.
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.
Debtor(s):
Raymond Richard Quinto, Jr. Represented By John D Faucher
Defendant(s):
Jeffrey Pont Represented By
1:30 PM
Roger F Friedman Heather N Herd
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
Adv#: 6:19-01139 Westmont Development, L.P. v. CIT Bank N.A., and its successors and/or
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
- NONE LISTED -
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
Adv#: 6:19-01141 Friend, Jr v. Eisenhower
STATUS CONFERENCE re: Complaint by Robert M Friend Jr against William Horace Eisenhower - 523(a)(4)
EH
Docket 1
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):
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
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:19-01143 Borders et al v. Gomez et al
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 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):
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
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Adv#: 8:09-01725 Sutton et al v. Shah
Hearing Re: Application For Appearance And Examination; Enforcement Of Judgment; Third Person: Ming Jun Chen
Docket 19
Tentative for 01/08/20:
Creditor is advised to file a proof of service no later than January 6, 2020.
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
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
Adv#: 8:09-01725 Sutton et al v. Shah
Hearing RE: Application And Order For Appearance And Examination Enforcement of Judgment, Third Person: Ariana Shah Blenkers aka Ariana Blenkers
Docket 20
Tentative for 01/08/20:
Creditor is advised to file a proof of service no later than January 6, 2020.
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
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
Adv#: 8:09-01725 Sutton et al v. Shah
Hearing RE: Application And Order For Appearance And Examination; Enforcement Of Judgment; Third Person: Ping Hsuan Li
Docket 23
Tentative for 01/08/20:
Creditor is advised to file a proof of service no later than January 6, 2020.
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
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
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];
Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];
Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
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
- NONE LISTED -
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
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
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty
Conversion
Negligence
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 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
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
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
11:00 AM
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
- NONE LISTED -
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
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 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.
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
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 for 01/08/19:
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
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 for 01/08/19:
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
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 for 01/08/19:
Appearances are required.
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hrg. on Post Confirmation Status Conference EH
(Hrg. cont. from 11/19/19)
Docket 0
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
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.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By
11:00 AM
Julie J Villalobos
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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.
Debtor(s):
Michael Donald Darling Represented By William R Cumming
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Michael Joseph Wilson Represented By Christopher J Langley
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Jasmine Hoa Nguyen Represented By Julie Nong
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Third Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 11/8/19)
Docket 0
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.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By
11:00 AM
Michael Jones Sara Tidd
11:00 AM
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 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
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:
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.
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
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:
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.
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.
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.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
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 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
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):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
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 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
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:
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.
Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.
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):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
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 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
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:
May 20, 2019: Last date to file a plan and disclosure statement.
March 15, 2019: Last date to file claims ("Claims Bar Date").
January 14, 2019: Last date for Debtor to serve notice of the Claims Bar Date.
April 15, 2019: Last date to file objections to claim.
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):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
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 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
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
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 for 01/09/20:
The Court is inclined to set the following dates/deadlines:
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.
Deadline to object to claims: February 29, 2020.
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.
11:00 AM
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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 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.
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
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 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.
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
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Delta Hospice of California Inc Represented By
David A Akintimoye
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Elizabeth Garcia Represented By Timothy McFarlin
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
J.D. Logistics, Inc. Represented By
Bryant C MacDonald
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
Debtor(s):
MABEL VIRGINIA LEMOI Represented By
Owen T Mascott - DISBARRED -
11:00 AM
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Brandon J Iskander
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
Debtor(s):
Jessica Reyes Represented By Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion Objecting to certain of Debtior's claimed exemptions in property of the estate
EH
Docket 0
- NONE LISTED -
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
Hrg. on Debtors' Motion filed 12/17/19 for an Order Compelling Interim Distribution to Priority Claimants
EH
Docket 31
- NONE LISTED -
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
Hrg. on Trustee's Motion to Dismiss Case and Vacate Discharge if Previously Entered
EH
Docket 33
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.
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
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 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.
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
Order to Show Cause re: Dismissal for Failure to comply with Rule 1006(b) EH
Docket 0
- NONE LISTED -
Debtor(s):
Rosamaria Rivera Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
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 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):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Adv#: 6:19-01152 Cisneros et al v. United States of America et al
Hrg. on United States of America's Motion filed 12/9/19 to Dismiss Adversary complaint for failure to state actual controversy
Docket 8
- NONE LISTED -
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
Adv#: 6:19-01152 Cisneros v. United States of America
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
- NONE LISTED -
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
Adv#: 6:18-01239 Virginia Bills a deceased individual, by and throu v. Uy
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 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
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):
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
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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 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
status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
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
Adv#: 8:19-01007 WJA Asset Management LLC et al v. Jordan et al
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
- NONE LISTED -
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
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
Kyra E Andrassy
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
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 for 1/22/20:
Appearances are required.
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
11:00 AM
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
- NONE LISTED -
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
Hearing RE: Objection To Claim:
(Motion filed 12/4/19)
Claim No. 1 Hassan Essayli $117,443.94
Docket 66
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
1:30 PM
Adv#: 6:19-01044 Simons (TR) v. County Of San Bernardino et al
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
- NONE LISTED -
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
Stephen F Biegenzahn
10:00 AM
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 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.
Debtor(s):
Reha Soylular Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
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 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
************************************************************************ 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.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
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 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
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:
Deadline to file a plan and disclosure statement - June 30, 2019.
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):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Guaranty Contracts;
Breach Of Lease Agreement;
Breach Of Security Instrument (Complaint filed 5/17/19)
FR: 8-8-19; 11-7-19
Docket 1
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
*************************************************************************** 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):
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
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
Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al
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
- NONE LISTED -
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
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 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.
11:00 AM
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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
- NONE LISTED -
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
10:00 AM
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
- NONE LISTED -
Debtor(s):
Julian DeLaCruz Represented By Marlin Branstetter
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Kristina Imelda Zanki Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Martina Lorena Torres Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Denalonor Zuniga Represented By Stephen H Darrow
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:19-01164 Cho v. Jacsen
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 for 1/29/20:
Appearances are required. The Court is inclined to set the following dates/deadlines:
Discovery cutoff: April 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 28, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
Debtor(s):
Adrianna Alexis Jacsen Pro Se
1:30 PM
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
Adv#: 6:19-01158 Anderson v. Laffranchini
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
- NONE LISTED -
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
Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Chapter 7 Trustee, v. Garcia
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And
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 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):
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
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
Adv#: 8:19-01165 Kassir v. Essayli
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
- NONE LISTED -
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
Adv#: 8:19-01219 Lubeck v. Internal Revenue Service et al
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 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.
Debtor(s):
Suzy Lubeck Represented By
11:00 AM
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
Adv#: 8:19-01224 Merchants Acquisition Group LLC v. Ceja
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 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.
Debtor(s):
Guillermo Ceja Represented By Lorrie A Walton
Defendant(s):
Guillermo Ceja Pro Se
11:00 AM
Plaintiff(s):
Merchants Acquisition Group LLC Represented By
Richard W Snyder
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
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 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
***************************************************************************** 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
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):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
11:00 AM
Michael Simon Philip E Strok Kyra E Andrassy
11:00 AM
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
NONE LISTED -
Debtor(s):
Tina Hong-Ngoc Trinh Represented By Michael Jones
11:00 AM
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; advanced from 2-13-19
Docket 0
NONE LISTED -
Debtor(s):
MyTailor.com Represented By Christopher P Walker
11:00 AM
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 for 1/30/20:
The Court is inclined to set the following dates/deadlines:
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.
Deadline to object to claims: February 29, 2020.
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
Debtor(s):
Jonathan James Lagman Represented By Michael Jones
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones
11:00 AM
Adv#: 8:19-01013 Lopez et al v. Morgan
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):
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
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):
Tina Hong-Ngoc Trinh Represented By Michael Jones
11:00 AM
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):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
10:00 AM
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 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.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey
10:00 AM
10:00 AM
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 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.
Debtor(s):
Jerry Michael Gutierrez Represented By James P Doan
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Delta Hospice of California Inc Represented By
David A Akintimoye
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Delta Hospice of California Inc Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Danny Kurtis Traylor Represented By Paul M Stoddard
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Vanessa M. Sanchez Represented By Gregory Ashcraft
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Christopher K Rose Represented By Paul Y Lee
Joint Debtor(s):
Jessica P Rose Represented By Paul Y Lee
10:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Barbara Jeanette Doud Represented By Robert J Spitz
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Christopher Welton Represented By Benjamin R Heston
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
J.D. Logistics, Inc. Represented By
Bryant C MacDonald
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
J.D. Logistics, Inc. Represented By
Bryant C MacDonald
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation
EH
Docket 0
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.
Debtor(s):
Hilda Rosario Wilkinson Represented By Phillip Myer
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Kevin Marroquin-Mayen Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
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
- NONE LISTED -
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
Hrg. on creditor and claimant Robert Coleman and Karen Welch-Coleman's Motion filed 1/8/20 to Substitute Party
EH
Docket 125
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.
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
11:00 AM
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 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.
Debtor(s):
Esteban Brito Gallegos Represented By
Stuart G Steingraber
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
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 for 2/11/20: Appearances are required.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Motion in Ch 11 Case for Order Employing Professional (LBR 2014-1) Tang & Associates as General Bankruptcy Counsel
Docket 11
Tentative for 2/11/20 is to GRANT the motion. Debtor to lodge an order within seven (7) days.
Appearances are excused.
Debtor(s):
Nakamoto Bullies, Inc. Represented By Kevin Tang
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
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):
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
Trustee(s):
Ian Landsberg
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
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):
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
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
Adv#: 6:19-01134 Cube v. Haro et al
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):
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
Adv#: 6:19-01164 Cho v. Jacsen
STATUS CONFERENCE re Complaint filed by Rebecca Maie Jimenez against Coracel Suratos Templo to determine nondischargeability of debt
Docket 1
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
Adv#: 6:19-01158 Anderson v. Laffranchini
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):
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
Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Cha v. Garcia et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And
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):
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
Adv#: 8:19-01013 Lopez et al v. Morgan
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):
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
Adv#: 8:19-01165 Kassir v. Essayli
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):
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
Adv#: 8:19-01219 Lubeck v. Internal Revenue Service et al
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):
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
Adv#: 8:19-01224 Merchants Acquisition Group LLC v. Ceja
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):
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
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):
Jonathan James Lagman Represented By Michael Jones
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones
11:00 AM
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):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
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):
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'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):
Tina Hong-Ngoc Trinh Represented By Michael Jones
11:00 AM
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):
MyTailor.com Represented By Christopher P Walker
10:00 AM
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 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.
Debtor(s):
Maricel Palomino Represented By Gregory Ashcraft
Movant(s):
10:00 AM
The Bank of New York Mellon Trust Represented By
Josephine E Salmon
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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
- NONE LISTED -
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
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 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.
Debtor(s):
Felipe Contreras Alfaro Represented By Kevin Tang
Movant(s):
Toyota Motor Credit Corporation Represented By
Kirsten Martinez
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
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
- NONE LISTED -
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
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 0
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.
Debtor(s):
Agavni Sandaldzhyan Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Richard A Marshack David Wood Matthew Grimshaw
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 0
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.
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
Hrg. on trustee's final report and applications for compensation
EH
Docket 0
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.
Debtor(s):
Yvette Rachel Kuglin Represented By
Thomas E Brownfield
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:19-01044 Simons (TR) v. City of Hesperia
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 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.
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
Trustee(s):
Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin
Stephen F Biegenzahn
1:30 PM
Hrg. on Debtor for attorney motion for Interim Fees and/or Expenses
Docket 212
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)
, 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
$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.
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
Adv#: 6:16-01018 O'Laverty et al v. Far et al
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
- NONE LISTED -
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
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
Adv#: 6:16-01018 O'Laverty et al v. Far et al
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
- NONE LISTED -
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
Ian Landsberg
Merilee Sousa Represented By Ian Landsberg
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:19-01162 Jimenez v. Templo
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 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):
Coracel Suratos Templo Represented By Neil R Hedtke
Christopher Hewitt
Defendant(s):
Coracel Suratos Templo Pro Se
1:30 PM
Plaintiff(s):
Rebecca Marie Jimenez Represented By Jeffrey G Jacobs
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:18-01056 Whitmore v. McKay V et al
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
- NONE LISTED -
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
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
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
- NONE LISTED -
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
Adv#: 6:19-01134 Cube v. Haro et al
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 for 2/19/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: July 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 7, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
Debtor(s):
Harry Haro Represented By
1:30 PM
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
Adv#: 6:19-01086 United States Trustee for the Central District of v. Obrien et al
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
- NONE LISTED -
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
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto
1:30 PM
Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al
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 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:
Discovery cutoff: November 15, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: February 19, 2020 at 1:30 p.m.
1:30 PM
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.
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
Adv#: 6:19-01164 Cho v. Jacsen
STATUS CONFERENCE re Complaint filed by Andrew Cho against Adrianna Alexis Jacsen to determine nondischargeability of debt
(Cont. from 1/29/20)
Docket 1
- NONE LISTED -
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
Adv#: 6:19-01164 Cho v. Jacsen
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
- NONE LISTED -
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
Adv#: 8:19-01226 Naylor, solely in her capacity as the chapter 7 tr v. The Machine Group, Inc.,
STATUS CONFERENCE Hearing RE: Complaint:
To Avoid Preferrential Transfer Pursuant To 11 U.S.C. Section 547(b); And
To Recover Preferential Transfer Pursuant To 11 U.S.C. Sections 550 And 551
(Complaint filed 12/2/19)
Docket 1
- NONE LISTED -
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
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 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.
Debtor(s):
Magnetar Technologies Corporation Represented By
Jacqueline D Serrao
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
Christopher Minier
11:00 AM
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 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.
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
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 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.
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
Adv#: 8:19-01013 Lopez et al v. Morgan
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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.
Debtor(s):
Lizzette Michelle Aguilllen Represented By Gregory E Nassar
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Martin Duran-Tello Represented By Richard M Moss III
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01077 Harrison et al v. PM Factors, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
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;
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 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:
Discovery cutoff: December 1, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 31, 2020. Note: this is the date by which all non-
11:00 AM
discovery motions must be heard and resolved.
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.
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
Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al
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
- NONE LISTED -
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
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 for 2/20/20:
Appearances are required.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
Hearing RE: Motion To Confirm Plan Under 11 U.S.C. Section 1191(b) (Motion filed 1/30/20)
Docket 145
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.
11:00 AM
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
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 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
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:
May 20, 2019: Last date to file a plan and disclosure statement.
March 15, 2019: Last date to file claims ("Claims Bar Date").
January 14, 2019: Last date for Debtor to serve notice of the Claims Bar Date.
April 15, 2019: Last date to file objections to claim.
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):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 11/19/19)
Docket 1
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Chapter 11 Disclosure Statement
Docket 0
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
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
- NONE LISTED -
Debtor(s):
Kristin Elaine Hanley Pro Se
Joint Debtor(s):
Johnathan Wayne Hanley Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Iyrene Giovanna Brenda Hurley Pro Se
Joint Debtor(s):
Cory James Hurley Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Mary Karen Chastain Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Kim Marie Kidd Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 9/17/19)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Hrg. on Creditor, The Minority Voting Trust Objection to claim of Esther Veyna EH
(Cont. from 12/17/19)
Docket 0
- NONE LISTED -
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Adv#: 6:19-01044 Simons (TR) v. City of Hesperia
Hrg on Plaintiff's Motion filed 2/12/20 for Default Judgment against City of Hesperia
EH
Docket 23
- NONE LISTED -
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
Adv#: 6:19-01044 Simons (TR) v. City of Hesperia
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
- NONE LISTED -
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
Adv#: 6:19-01152 Cisneros et al v. United States of America et al
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
- NONE LISTED -
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
Adv#: 6:19-01152 Cisneros v. United States of America
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
- NONE LISTED -
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
Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang
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 for 3/04/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: June 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: July 31, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
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.
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
Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Ch. 7 Trustee, v. Garcia et al
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 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.
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
Trustee(s):
Ryan W Beall
Weneta M Kosmala (TR) Represented By Reem J Bello
11:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
Hearing RE: Motion For Summary Judgment Or, In The Alternative, Partial Summary Adjudication
(Motion filed 1/22/20)
Docket 59
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
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
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
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
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:19-01224 Merchants Acquisition Group LLC v. Ceja
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1
[RE: Guillermo Ceja aka Guillermo Ceja Gonzalez]
Docket 18
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.
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
Adv#: 8:19-01224 Merchants Acquisition Group LLC v. Ceja
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 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
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
10:00 AM
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 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.
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
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 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.
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
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
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
- NONE LISTED -
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
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
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
- NONE LISTED -
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
- NONE LISTED -
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
10:00 AM
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 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.
Debtor(s):
J.D. Logistics, Inc. Represented By
Bryant C MacDonald
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
J.D. Logistics, Inc. Represented By
Bryant C MacDonald
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Jerome Fredrick Roehm Represented By Julie J Villalobos
Joint Debtor(s):
Shay Roehm Represented By
Julie J Villalobos
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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.
Debtor(s):
Enas K Mosaad Represented By Todd L Turoci
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Jesus Tinoco Represented By
Giovanna M Gallo
Joint Debtor(s):
Eva M Gonzalez Represented By Giovanna M Gallo
10:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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
so the 3/10/20 hearing will not be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Mary Karen Chastain Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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
- NONE LISTED -
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
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 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.
Debtor(s):
Trinay Brown Represented By
M. Wayne Tucker
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Kenneth Gregory Rice Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on trustee's final report and applications for compensation EH
Docket 0
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.
Debtor(s):
Heinrich Sonksen Represented By
W. Derek May
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
Debtor(s):
Brenda Mendoza Represented By James G. Beirne
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
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
- NONE LISTED -
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
Hrg. on chapter 7 trustee's motion filed 2/11/20 objecting to Debtor's Exemptions EH
Docket 0
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.
Debtor(s):
Juan Gabriel Alvarez Leriget Represented By Patricia A Mireles
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
1:30 PM
Hrg. on Emergency ex parte application to hold dissolution of Orange County Nursery, Inc. in abeyance
EH
Docket 0
Tentative for 3/10/20:
Appearances are required.
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Hrg. on Creditor, The Minority Voting Trust Objection to claim of Esther Veyna EH
(Cont. from 3/4/20)
Docket 0
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):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 3/4/20)
EH
Docket 0
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
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):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Hrg. on Chapter 11 Disclosure Statement (Cont. from 3/3/20)
(Tele. appr. Amy Lawrence, rep Defendant O'Linn Security, Inc.)
Docket 0
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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.
1:30 PM
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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):
Nakamoto Bullies, Inc. Represented By Kevin Tang
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
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
- NONE LISTED -
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
Adv#: 6:18-01217 Liao v. Zhuang
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 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.
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
1:30 PM
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:19-01164 Cho v. Jacsen
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 for 3/11/20:
Appearances are required.
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
1:30 PM
Adv#: 6:19-01164 Cho v. Jacsen
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 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:
Discovery cutoff: April 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 28, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: June 10, 2020 at 1:30 p.m.
1:30 PM
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.
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
Adv#: 6:19-01173 Cathay Bank v. Chang
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 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):
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
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:19-01176 Sekermestrovich v. Paiva
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 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.
1:30 PM
Debtor(s):
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
Adv#: 6:19-01176 Sekermestrovich v. Paiva
STATUS CONFERENCE re: Complaint by Dennis Sekermestrovich against Gregory Allen Paiva - §§523(a)(2), 523(a)(6)
EH
Docket 1
Tentative for 3/11/20:
Appearances are required. The Court is inclined to set the following dates/deadlines:
Discovery cutoff: July 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 27, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
Debtor(s):
Gregory Allen Paiva Represented By
1:30 PM
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
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint:
To Determine The Validity, Priority, And Extent Of Liens;
Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;
To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And
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 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
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):
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
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
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty
Conversion
Negligence
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
- NONE LISTED -
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
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
10:00 AM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
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 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.
10:00 AM
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
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
Hearing RE: Motion For Summary Judgment (Motion filed 1/24/20)
Docket 39
- NONE LISTED -
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
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
Hearing RE: Defendant Thomas Joseph Lynch Jr.'s Motion For Enlargement Of Time
(Motion filed 2/25/20)
Docket 41
- NONE LISTED -
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
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
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.
Debtor(s):
Kevin Donato Pro Se
10:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Lizzette Michelle Aguilllen Represented By Gregory E Nassar
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
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 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
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:
Deadline to file a plan and disclosure statement - June 30, 2019.
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):
Cecilio Romero Murrietta Represented By Andrew S Bisom
11:00 AM
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
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 for 3/12/20:
Appearances are required.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hearing RE: Motion For Authority To Obtain Post-Petition Financing For Insurance Premiums
(Motion filed 2/20/20)
Docket 190
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.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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 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):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hearing RE: Debtor's Motion To Enforce And Approve Settlement Agreement With James DeMarco
(Motion filed 2/20/20)
Docket 182
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
attorneys. As no such representation has been made here, the Court is inclined to DENY the motion.
Appearances are required.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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 for 3/12/20 is to CONTINUE this hearing to April 9, 2020 at 11:00 a.m.
Appearances are required.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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 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):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
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 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:
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.
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
Debtor is to submit a scheduling order within seven (7) days.
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 1/22/20)
Docket 5
- NONE LISTED -
Debtor(s):
Wayne Ervin Owens Pro Se
11:00 AM
Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
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;
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
- NONE LISTED -
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
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
Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association
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
NONE LISTED -
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
Axis CP I, LLC Represented By Michael Jones
9:30 AM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
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
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
9:30 AM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
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
NONE LISTED -
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
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 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.
Debtor(s):
Veronique's Gourmet Corporation Represented By
Lionel E Giron
9:30 AM
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 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.
Debtor(s):
Veronique's Gourmet Corporation Represented By
Lionel E Giron
9:30 AM
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 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.
Debtor(s):
Veronique's Gourmet Corporation Represented By
Lionel E Giron
10:00 AM
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 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.
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
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
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):
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
Adv#: 6:18-01217 Liao v. Zhuang
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):
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
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint:
To Determine The Validity, Priority, And Extent Of Liens;
Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;
To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And
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):
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
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
Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association
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
- NONE LISTED -
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
Michael Jones
Axis CP I, LLC Represented By Michael Jones
11:00 AM
Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
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;
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
- NONE LISTED -
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
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
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 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
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):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
1:00 PM
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 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):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
1:00 PM
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 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):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
3:00 PM
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 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
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
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
3:00 PM
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 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
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):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
3:00 PM
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 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
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):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
10:00 AM
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 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.
10:00 AM
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
10:00 AM
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 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.
10:00 AM
Debtor(s):
Hector Munoz Jr. Represented By Raymond Perez
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
J.D. Logistics, Inc. Represented By
Bryant C MacDonald
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Edna Williams Webster Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Enas K Mosaad Represented By Todd L Turoci
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
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
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 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.
10:00 AM
Debtor(s):
Alvin Leo Brown Represented By Nicholas M Wajda
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Sandra Lee Hargrove Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
Mychal Jarrett Adams Represented By Brian J Soo-Hoo
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; applications for compensation EH
Docket 0
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.
Debtor(s):
Bernardino Rivera Heredia Represented By James Mortensen
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Armando Rivera Represented By Keith Q Nguyen
11:00 AM
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
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 44
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.
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
11:00 AM
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 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.
Debtor(s):
Advantage Performance Represented By Benjamin R Heston
Movant(s):
Karl T Anderson (TR) Represented By Tinho Mang
11:00 AM
Trustee(s):
Karl T Anderson (TR) Represented By Tinho Mang
11:00 AM
Adv#: 6:19-01110 Redd v. Hilton, Jr.
Hrg. on Plaintiff's Emergency Motion for Order Modifying Scheduling Order EH
Docket 15
- NONE LISTED -
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
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings
EH
Docket 0
- NONE LISTED -
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
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 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.
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
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 3/31/20 is to set the following dates/deadlines:
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.
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.
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
2:00 PM
Adv#: 8:19-01130 Marshack v. Kassir et al
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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
2:00 PM
Adv#: 8:19-01080 Marshack v. Kassir
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
- NONE LISTED -
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
Adv#: 8:19-01081 Marshack v. Kassir
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Ricardo Garcia Jr Pro Se
Joint Debtor(s):
Laura Guadalupe Garcia Ramirez Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Cathy Espy-Cook Represented By Judy P Hsu
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Cathy Espy-Cook Represented By Judy P Hsu
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Jacquelyn Denise Howard Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Iyrene Giovanna Brenda Hurley Pro Se
Joint Debtor(s):
Cory James Hurley Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
Douglas Vincent Klohn Jr Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Mary LaTrice Gibson Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Thomas Anthony Fuentes Represented By Marc A Duxbury
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Thomas Anthony Fuentes Represented By Marc A Duxbury
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Elio Alberto Moya Pro Se
Joint Debtor(s):
Inez Moya Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
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 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
Appearances are required.
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
Adv#: 6:16-01018 O'Laverty et al v. Far et al
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 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
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.
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
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
Adv#: 6:16-01018 O'Laverty et al v. Far et al
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 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.
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
1:30 PM
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
Adv#: 6:18-01217 Liao v. Zhuang
Defendant's Motion to Dismiss for Lack of Prosecution EH
Docket 87
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
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.
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
Adv#: 6:18-01217 Liao v. Zhuang
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 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
Debtor(s):
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
Adv#: 6:19-01018 Simons v. Bosher
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
- NONE LISTED -
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
Adv#: 6:19-01078 Main Credit Corporation v. Stevens et al
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 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.
Debtor(s):
Wesley L Stevens Represented By Neil R Hedtke
Defendant(s):
Wesley L Stevens Represented By
1:30 PM
Richard A Hofman
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
Adv#: 6:19-01113 Segovia v. Portillo
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 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:
Discovery cutoff: December 31, 2019. Note: this is the date by which
1:30 PM
all discovery motions must be heard and resolved.
Motion cutoff: February 14, 2020. Note: this is the date by which all non-discovery motions must be heard and resolved.
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.
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
Adv#: 6:19-01141 Friend, Jr v. Eisenhower
STATUS CONFERENCE re: Complaint by Robert M Friend Jr against William Horace Eisenhower - 523(a)(4)
EH
Docket 1
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.
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
Adv#: 6:19-01143 Borders et al v. Gomez et al
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 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):
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
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
Adv#: 6:20-01002 He et al v. Yap et al
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 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.
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
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
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
Hearing RE: Motion For The Trustee To Abandon The Asset Or File Adversary Complaint
(Motion filed 1/24/2020)
Docket 37
NONE LISTED -
Debtor(s):
Martha Lucrecia Diaz Represented By Dennise S Henderson
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al
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
NONE LISTED -
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
Adv#: 8:20-01001 Roman et al v. United States of America, Treasury Department, Int
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 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.
Debtor(s):
Israel Roman Represented By
James D. Hornbuckle
Defendant(s):
United States of America, Treasury Represented By
11:00 AM
John D Ellis
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
Adv#: 8:20-01001 Roman et al v. United States of America, Treasury Department, Int
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Section 523] (Complaint filed 1/8/20)
Docket 1
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.
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
Trustee(s):
James D. Hornbuckle
Richard A Marshack (TR) Pro Se
11:00 AM
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
NONE LISTED -
Debtor(s):
Kristine Riesgo Constantino Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Martin Duran Tello Represented By Richard M Moss III
10:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Neil Oliver Nebrida Casasola Pro Se
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
11:00 AM
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
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 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
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.
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
Adv#: 8:19-01077 Harrison et al v. PM Factors, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
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;
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
- NONE LISTED -
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
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
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 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.
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
Timothy W Evanston
11:00 AM
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Guaranty Contracts;
Breach Of Lease Agreement;
Breach Of Security Instrument (Complaint filed 5/17/19)
FR: 8-8-19; 11-7-19; 1-23-20
Docket 1
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
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):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
11:00 AM
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
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 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.
11:00 AM
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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 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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
Trustee(s):
Rich Porter Pro Se
11:00 AM
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
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
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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
Trustee(s):
Rich Porter Pro Se
11:00 AM
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 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.
11:00 AM
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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 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:
Deadline to file confirmation motion with evidence: 4/30/20
Deadline to vote on plan: 5/21/20
Deadline to file objections to plan: 5/21/20
Ballot tabulation deadline: 5/28/20
Deadline to file replies: 6/4/20
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.
Debtor(s):
Jonathan James Lagman Represented By Michael Jones
11:00 AM
Sara Tidd
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones Sara Tidd
11:00 AM
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 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.
Debtor(s):
Veronique's Gourmet Corporation Represented By
Lionel E Giron
10:00 AM
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 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
Debtor(s):
Kenneth Gregory Rice Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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.
10:00 AM
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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
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.
Debtor(s):
Reginald C Shaw Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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
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
Debtor(s):
WC Hardwood Floors Represented By Julie J Villalobos
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on trustee's final report and applications for compensation EH
Docket 38
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.
Debtor(s):
Jamie Burst Spada Represented By Marc E Grossman
Trustee(s):
Robert Whitmore (TR) Represented By David Kuttles David Kuttles
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
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
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
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
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.
Debtor(s):
Sofia Miranda Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Aaron E de Leest
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
Debtor(s):
Claudia E. Garcia Represented By Frank X Ruggier
Trustee(s):
Karl T Anderson (TR) Represented By Hydee J Riggs
11:00 AM
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 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.
Debtor(s):
Thomas Richard Steferak Represented By Jenny L Doling
Joint Debtor(s):
Bonnie Diane Barkley Represented By Jenny L Doling
11:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Thomas Richard Steferak Represented By Jenny L Doling
Joint Debtor(s):
Bonnie Diane Barkley Represented By Jenny L Doling
11:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Thomas Richard Steferak Represented By Jenny L Doling
Joint Debtor(s):
Bonnie Diane Barkley Represented By Jenny L Doling
11:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Thomas Richard Steferak Represented By Jenny L Doling
Joint Debtor(s):
Bonnie Diane Barkley Represented By Jenny L Doling
11:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
Debtor(s):
HK Fitness, Inc. Represented By Robert L Firth
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Trustee's Motion to authorized interim distribution to: 1) Domestic Support Creditor; and 2) Chapter 7 Trustee
EH
Docket 31
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.
Debtor(s):
Michael Anthony Ward Represented By Jenny L Doling
11:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
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 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.
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
1:30 PM
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 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
[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
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on Post Confirmation Status Conference EH
(Hrg. cont. from 1/9/20)
Docket 0
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
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
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.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on First Amended Disclosure Statement (Cont. from 3/10/20)
Docket 0
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:
Counsel employment for the Unsecured Creditors Committee was denied, and that information should be included in the amended Disclosure Statement.
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.
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
added to the amended Disclosure Statement and Plan. Without the funds in place, the Court will not confirm a plan.
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).
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.
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.
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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Chapter 11 Status Conference
Docket 0
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:
December 30, 2019: Last date to file a plan and disclosure statement.
December 15, 2019: Last date to file claims ("Claims Bar Date").
October 9, 2019: Last date for Debtor to serve notice of the Claims Bar Date.
1:30 PM
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):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Adv#: 6:19-01119 B. SPRAGG ENTERPRISES LLC v. Blas-Sanchez
PRE-TRIAL CONFERENCE re: Complaint by B. Spragg Enterprises LLC against Jorge Alberto Blas-Sanchez - §§ 523(a)(2), 523(a)(4)
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01011 Salvador v. US Department of Education et al
STATUS CONFERENCE re: Complaint by John Paul Salvador against US Department of Education § 523(a)(8)
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Raul Ramiro Salazar Represented By Marlin Branstetter
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Courtney Lima Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Jasmine Hoa Nguyen Represented By Julie Nong
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Myranda Cai Poletiek Represented By Christopher J Langley
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Enrique Villagomez Represented By Alaa A Ibrahim
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Brandi Elizabeth Lynn Newell Represented By Arlene M Tokarz
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
David Loera Represented By
Daniel King
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Sergio Luna Gonzalez Represented By Lauren M Foley
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
Maria Montoya Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Veronica Delgado Martinez Represented By Omar Zambrano
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Florentino G Jiminez Represented By Jennifer A Carlton
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
April Dawn Miller Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Gloria Gutierrez-Cortez Represented By Marlin Branstetter
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];
Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];
Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
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
- NONE LISTED -
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
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
Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Chapter 7 Trustee, v. Garcia
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And
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
- NONE LISTED -
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
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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 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
********************************************************************************* 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):
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
Kyra E Andrassy Jeffrey I Golden Beth Gaschen Matthew Grimshaw
11:00 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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
- NONE LISTED -
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
Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz
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 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
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)
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.
Debtor(s):
Juan Arcos Munoz Represented By Onyinye N Anyama
11:00 AM
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
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):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
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):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
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):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
Adv#: 8:19-01087 TD REO Fund LLC v. Nih
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):
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
Adv#: 8:19-01090 TD REO Fund LLC v. Will
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):
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
9:00 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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
- NONE LISTED -
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
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 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.
10:00 AM
Debtor(s):
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
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 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
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
Christian Alejandro Hadad Represented By Keith Q Nguyen
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Rene Beltran Represented By
Leonard Pena
Joint Debtor(s):
Nora Beltran Represented By
Leonard Pena
11:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
(Tele. appr. David Goodrich, rep. trustee, Lynda Bui)
Docket 0
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.
Debtor(s):
Luis A Ranero Represented By Aaron Lloyd
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich
11:00 AM
Dale K Galipo
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
Debtor(s):
Chantal Aleman Gomez Represented By Paul Y Lee
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 56
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.
Debtor(s):
Carlos R. Garcia Represented By Keith Q Nguyen
Joint Debtor(s):
Margarita Garcia Represented By Keith Q Nguyen
11:00 AM
Trustee(s):
Karl T Anderson (TR) Represented By Hydee J Riggs
1:30 PM
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
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
- NONE LISTED -
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
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 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
Movant to lodge an order within seven (7) days.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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.
1:30 PM
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
Movant(s):
Lawrence & Associates Pro Se
1:30 PM
Adv#: 6:19-01044 Simons (TR) v. City of Hesperia
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):
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
Adv#: 6:19-01044 Simons (TR) v. City of Hesperia
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):
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
Adv#: 6:19-01162 Jimenez v. Templo
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
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
Adv#: 6:18-01201 Turoci v. Mulvania
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
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
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
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
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
Adv#: 8:20-01017 Casey v. Arroyo et al
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:
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);
Avoidance Of Preferential Transfer Under 11 U.S.C. Section 547;
Recovery Of Transfer Per 11 U.S.C. Section 550; And
Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542 (Complaint filed 2/11/20)
Docket 1
Debtor(s):
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
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
10:00 AM
Adv#: 8:20-01015 Petersen v. Romero
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):
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
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
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):
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
Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al
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):
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
Adv#: 8:19-01080 Marshack v. Kassir
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):
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
Adv#: 8:19-01081 Marshack v. Kassir
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):
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
Adv#: 8:19-01130 Marshack v. Kassir et al
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
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
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
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):
Jonathan James Lagman Represented By Michael Jones
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones
11:00 AM
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):
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
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 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.
Debtor(s):
Shyanne Margarita Palos Represented By
Pamela N Buckner-Davis
10:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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 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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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 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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
Trustee(s):
Rich Porter Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 3/2/2020)
Docket 13
Tentative for 5/7/20:
The Court is inclined to set the following dates/deadlines:
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.
Deadline to object to claims: August 7, 2020.
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.
Debtor(s):
Gary Song Jiunn Mor Represented By
11:00 AM
Andy C Warshaw
11:00 AM
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 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.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 3/4/2020)
Docket 13
- NONE LISTED -
Debtor(s):
Cynthia Lee Owens Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Cynthia Lee Owens Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 3/5/2020)
Docket 14
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.
Debtor(s):
Veronique's Gourmet Corporation Represented By
Lionel E Giron
11:00 AM
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
11:00 AM
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
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]
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]
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 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
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.
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
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
11:00 AM
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
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
11:00 AM
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
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
11:00 AM
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
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall
11:00 AM
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
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 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
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.
Debtor(s):
GRK Property LLC Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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
******************************************************************************* 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.
Debtor(s):
Kenneth Gregory Rice Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Tracie Anne Mckray Represented By Brad Weil
Movant(s):
M&T Bank Represented By
10:00 AM
Trustee(s):
Nancy L Lee
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
(Tele. appr. Stacey Alvarez, rep. trustee, Steven Speier)
Docket 0
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.
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
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
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
Karen S. Naylor
Ringstad & Sanders LLP
1:30 PM
Hrg. on Second Amended Disclosure Statement (Cont. from 4/14/20)
Docket 0
- NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 4/14/20)
Docket 0
- NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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.
Debtor(s):
Nakamoto Bullies, Inc. Represented By Kevin Tang
1:30 PM
Hrg. on Debtor's Motion filed 4/18/20 to Approve Compromise on Controversy Under Rule 9019
EH
Docket 52
Debtor(s):
Nakamoto Bullies, Inc. Represented By Kevin Tang
10:00 AM
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
- NONE LISTED -
Debtor(s):
Diego Benavidez Represented By Donald M Medeiros
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Mary LaTrice Gibson Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Oscar Sebastian Velasco Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
Jesse Reyes Gonzalez Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Elizabeth Lopez Represented By Terrence Fantauzzi
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Elizabeth Lopez Represented By Terrence Fantauzzi
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Elizabeth Lopez Represented By Terrence Fantauzzi
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
- NONE LISTED -
Debtor(s):
Gregory Zwart Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Martha Lucrecia Diaz Represented By Dennise S Henderson
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];
Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];
Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
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
- NONE LISTED -
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
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
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c); And
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
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
11:00 AM
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
Adv#: 8:19-01174 Casey v. Morgan
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Elizabeth Morgan For:
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Per 11 U.S.C. Section 550;
Declaratory Relief;
Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542; And
Attorney Fees (Complaint filed 8/26/19)
(PTC set at S/C held 11/20/19) FR: 11-20-19
Docket 1
- NONE LISTED -
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
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
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 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.
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
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 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.
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
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
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
- NONE LISTED -
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
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Adv#: 8:19-01172 Cervantes v. Foster
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Kevin Donato Represented By Bruce A Wilson
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Adv#: 8:16-01229 Ruiz et al v. Favreau
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
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
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):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Adv#: 8:19-01087 TD REO Fund LLC v. Nih
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):
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
Adv#: 8:19-01089 TD REO Fund LLC v. Mukda
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):
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
Adv#: 8:19-01090 TD REO Fund LLC v. Will
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):
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
Adv#: 8:19-01091 TD REO Fund LLC v. Masunaga et al
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):
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
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
- NONE LISTED -
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
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 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.
10:00 AM
Debtor(s):
Mychal Jarrett Adams Represented By Brian J Soo-Hoo
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Santos Estuardo Chajon Rodriguez Represented By
George C Panagiotou
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
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 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
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.
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
Hrg. on Chapter 7 Trustee's Motion filed 5/1/20 Objecting to the Debtors' Exemption
EH
Docket 0
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.
Debtor(s):
Manny E Arroyo Represented By Kian Mottahedeh
Joint Debtor(s):
Gloria Arroyo Represented By Kian Mottahedeh
11:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Mariela Rosse Jackson Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
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
- NONE LISTED -
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
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 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.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
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 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.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
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
- NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Second Amended Disclosure Statement (Cont. from 5/12/20)
Docket 0
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
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:
Counsel employment for the Unsecured Creditors Committee was denied, and that information should be included in the amended Disclosure Statement.
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.
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
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).
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.
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.
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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 5/12/20)
Docket 0
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
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
**************************************************************************** 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:
December 30, 2019: Last date to file a plan and disclosure statement.
December 15, 2019: Last date to file claims ("Claims Bar Date").
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):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Adv#: 6:18-01056 Whitmore v. McKay V et al
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
- NONE LISTED -
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
1:30 PM
Adv#: 6:20-01025 Rose v. Duarte
STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - § 523(a)(2)(A), §523(a)(4), §523(a)(6)
EH
Docket 1
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.
Debtor(s):
Lisa Duarte Pro Se
Defendant(s):
Lisa Duarte Pro Se
1:30 PM
Plaintiff(s):
Stacey Rose Represented By
Michael D Anderson Andrei Serpik
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:18-01239 Virginia Bills a deceased individual, by and throu v. Uy
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
- NONE LISTED -
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
Adv#: 6:19-01078 Main Credit Corporation v. Stevens et al
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
- NONE LISTED -
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
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:20-01002 He et al v. Yap et al
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
- NONE LISTED -
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
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
Sandy Vuong Represented By Stephen J Thomas
Yanchengzi Cai Represented By Stephen J Thomas
Jiewei Lin Represented By
Stephen J Thomas
1:30 PM
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
Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial v. Dorsten
Hrg. on Plaintiff's Motion filed 4/29/20 for Default Judgment
Docket 21
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
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.
Debtor(s):
Jacob Dorsten Represented By David L Nelson
Defendant(s):
Jacob Dorsten Pro Se
1:30 PM
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
Adv#: 8:09-01725 Sutton et al v. Shah
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
- NONE LISTED -
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
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
Adv#: 8:09-01725 Sutton et al v. Shah
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
- NONE LISTED -
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
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
Trustee(s):
James J Joseph (TR) Pro Se
10:00 AM
Adv#: 8:09-01725 Sutton et al v. Shah
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
- NONE LISTED -
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
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
Trustee(s):
James J Joseph (TR) Pro Se
10:00 AM
Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al
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
- NONE LISTED -
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
Adv#: 8:19-01176 Golden v. Caufield
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint for Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And
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
- NONE LISTED -
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
Ryan W Beall Reem J Bello
10:00 AM
Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Genesis Title Holding Corporation Represented By
Bert Briones
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen
11:00 AM
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);
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;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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)
FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
11:00 AM
Jeffrey I Golden Beth Gaschen
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
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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
- NONE LISTED -
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
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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
- NONE LISTED -
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
Adv#: 8:19-01080 Marshack v. Kassir
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
- NONE LISTED -
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
Adv#: 8:19-01081 Marshack v. Kassir
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
- NONE LISTED -
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
Adv#: 8:19-01130 Marshack v. Kassir et al
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
- NONE LISTED -
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
Donald W Sieveke
10:00 AM
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 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.
Debtor(s):
Jesus F. Marquez-Ramirez Represented By
10:00 AM
Trustee(s):
Julie J Villalobos
Weneta M Kosmala (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Marcel Delontate Lyons Represented By
10:00 AM
Nicholas M Wajda
Joint Debtor(s):
Sonya Nichole Castellon Represented By Nicholas M Wajda
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Adv#: 8:19-01198 Moersch v. Zahedi
Hearing RE: Plaintiff's Motion For Summary Judgment (Motion filed 4/16/2020)
Docket 11
- NONE LISTED -
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
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 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.
Debtor(s):
Miriana Figueredo Represented By
10:00 AM
Trustee(s):
Julie J Villalobos
Jeffrey I Golden (TR) Pro Se
11:00 AM
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 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
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.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
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 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
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
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 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.
11:00 AM
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
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 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
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
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
- NONE LISTED -
Debtor(s):
Veronique's Gourmet Corporation Represented By
Lionel E Giron
11:00 AM
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 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
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.
Debtor(s):
Veronique's Gourmet Corporation Represented By
Lionel E Giron Joanne P Sanchez
11:00 AM
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 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.
11:00 AM
Debtor(s):
Veronique's Gourmet Corporation Represented By
Lionel E Giron
11:00 AM
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
- NONE LISTED -
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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 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
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.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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 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
Tentative for 09/12/19 is to set the dates/deadlines, as follows:
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.
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.
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
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
- NONE LISTED -
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
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
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 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.
10:00 AM
Debtor(s):
Robert Clymer III Represented By Christopher Hewitt
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Ann Lighthall Marshall Represented By Karen E Lockhart
Trustee(s):
John P Pringle (TR) Represented By Patricia Miller
11:00 AM
Michelle A Marchisotto
11:00 AM
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 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.
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
11:00 AM
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 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
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.
Debtor(s):
Oscar Sanchez Represented By Douglas A Plazak
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
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 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.
Debtor(s):
Geoffrey Acosta Nagum Represented By James P Doan
Trustee(s):
Larry D Simons (TR) Represented By Daniel A Lev
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 5/19/20 for Turnover of Property Unscheduled Ameritrade Account Funds
EH
Docket 40
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
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.
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
Hrg. on Order to Show Cause why re dismissal for failure to pay installment fee EH
Docket 0
- NONE LISTED -
Debtor(s):
Raymond Ramirez Jr Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Post Confirmation Status Conference EH
(Hrg. cont. from 4/14/20)
Docket 0
NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
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 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
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.
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
Hrg. on Chapter 11 Status Conference EH
(Cont. from 3/31/20)
Docket 0
NONE LISTED -
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
1:30 PM
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 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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
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
NONE LISTED -
Debtor(s):
Sharon Rose Vonderohe Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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
NONE LISTED -
Debtor(s):
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
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
NONE LISTED -
Debtor(s):
Elizabeth Lopez Represented By Terrence Fantauzzi
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
NONE LISTED -
Debtor(s):
Elizabeth Lopez Represented By Terrence Fantauzzi
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
NONE LISTED -
Debtor(s):
Elizabeth Lopez Represented By Terrence Fantauzzi
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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
NONE LISTED -
Debtor(s):
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
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
NONE LISTED -
Debtor(s):
Evelyn Caraig Ongos Pro Se
Joint Debtor(s):
Giovanni Ongos Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
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
NONE LISTED -
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
Adv#: 6:19-01018 Simons v. Bosher
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
NONE LISTED -
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
Adv#: 6:19-01110 Redd v. Hilton, Jr.
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 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
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.
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
Adv#: 6:19-01113 Segovia v. Portillo
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
NONE LISTED -
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
Adv#: 6:19-01119 B. SPRAGG ENTERPRISES LLC v. Blas-Sanchez
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
NONE LISTED -
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
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:19-01141 Friend, Jr v. Eisenhower
Hrg. on Plaintiff's Motion filed 4/30/2 for Default Judgment [LBR 7055-1]
Docket 18
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
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.
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
Adv#: 6:19-01143 Borders et al v. Gomez et al
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
NONE LISTED -
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
Jalena Dawn Borders Represented By Douglas A Plazak
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten
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
NONE LISTED -
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
Adv#: 6:20-01031 Khaddour et al v. Slone et al
Hrg. on Defendants' motion filed 4/23/20 to dismiss adversary case EH
Docket 5
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
Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Charles Slone Represented By Michael J Hemming
Defendant(s):
Charles Slone Represented By Michael J Hemming
1:30 PM
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
Adv#: 6:20-01031 Khaddour et al v. Slone et al
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 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
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.
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
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
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
- NONE LISTED -
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
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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)(D), 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
Docket 1
NONE LISTED -
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
Baruch C Cohen
Liberty Debt Solution, LLC Represented By Baruch C Cohen
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al
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
NONE LISTED -
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
Adv#: 8:20-01031 Marshack v. Sotiris, LLC
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 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.
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
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops
11:00 AM
Adv#: 8:20-01033 Marshack v. 27 Diamonds
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 et seq.] And;
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
- NONE LISTED -
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
Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops
11:00 AM
Adv#: 8:20-01034 Marshack v. Jaid Appliance
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 et seq.] And;
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 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.
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
Kyra E Andrassy Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops
11:00 AM
Adv#: 8:20-01035 Marshack v. American Express et al
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]
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;
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
- NONE LISTED -
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
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
Adv#: 8:20-01036 Marshack v. Krohn Construction
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 et seq.] And
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
- NONE LISTED -
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
Kyra E Andrassy Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops
11:00 AM
Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];
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;
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 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.
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
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops
11:00 AM
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
11:00 AM
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
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 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.
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
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
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
- NONE LISTED -
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
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)
Docket 22
- NONE LISTED -
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
Adv#: 8:20-01048 Rosenbaum v. Olinger et al
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 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.
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
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
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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
NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yes Funding Services LLC Pro Se
1:30 PM
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
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 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
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:
Deadline to file a plan and disclosure statement - June 30, 2019.
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
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
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 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
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
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
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):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
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
11:00 AM
NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
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 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
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.
Debtor(s):
Jonathan James Lagman Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones Sara Tidd
11:00 AM
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 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
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:
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.
Deadline to object to claims: February 29, 2020.
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):
Jonathan James Lagman Represented By Michael Jones
11:00 AM
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones
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 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.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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 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
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.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Trustee(s):
Mark M Sharf (TR) Pro Se
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 for 6/11/20 is to set a continued date of November 5, 2020 at 11:00
11:00 AM
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
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.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Trustee(s):
Mark M Sharf (TR) Pro Se
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
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.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Trustee(s):
Mark M Sharf (TR) Pro Se
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
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.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Trustee(s):
Mark M Sharf (TR) Pro Se
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
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.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Trustee(s):
Mark M Sharf (TR) Pro Se
9:00 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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
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
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
NONE LISTED -
Debtor(s):
Rodolfo Benavente Martinez Represented By Brian J Soo-Hoo
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Alejandro Cervantes Represented By Ahren A Tiller
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
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
- NONE LISTED -
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
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 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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Steve William Nolan Represented By Nathan Fransen
Trustee(s):
Karl T Anderson (TR) Represented By
11:00 AM
D Edward Hays Tinho Mang
1:30 PM
Hrg. on Third Amended Disclosure Statement EH
(Cont. from 5/26/20)
(Tele. appr. Amy Lawrence, rep. O'Linn Security)
Docket 0
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
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
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:
Counsel employment for the Unsecured Creditors Committee was denied, and that information should be included in the amended Disclosure Statement.
1:30 PM
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.
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.
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).
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.
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
Court will not confirm a plan.
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 5/26/20)
(Tele. appr. Amy Lawrence, rep. O'Linn Security)
Docket 0
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
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
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
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:
December 30, 2019: Last date to file a plan and disclosure statement.
December 15, 2019: Last date to file claims ("Claims Bar Date").
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):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
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 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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 1/7/20)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Nakamoto Bullies, Inc. Represented By Kevin Tang
1:30 PM
Adv#: 6:19-01162 Jimenez v. Templo
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 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
Counsel and Status Conference Instructions, issued November 18, 2019 [Dk. 3].
Appearances are required.
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
Adv#: 6:19-01125 Simons v. Mulvania
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
- NONE LISTED -
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
Trustee(s):
Brandon J Iskander
Larry D Simons (TR) Represented By Lynda T Bui Brandon J Iskander
1:30 PM
Adv#: 6:19-01110 Redd v. Hilton, Jr.
PRE-TRIAL CONFERENCE re: Complaint by LaToya S Redd against David Henry Hilton Jr.. - 727, 523(a)(2)
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:19-01141 Friend, Jr v. Eisenhower
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 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.
Debtor(s):
William Horace Eisenhower Represented By Alon Darvish
Defendant(s):
William Horace Eisenhower Pro Se
1:30 PM
Plaintiff(s):
Robert M Friend Jr Represented By Aaron F Garcia
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
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
- NONE LISTED -
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
Adv#: 6:20-01011 Salvador v. US Department of Education et al
STATUS CONFERENCE re: Complaint by John Paul Salvador against US Department of Education § 523(a)(8)
EH
(Cont. from 4/15/20)
Docket 1
NONE LISTED -
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
Adv#: 6:20-01036 Grobstein, Chapter 7 Trustee v. Perez et al
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 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.
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
Trustee(s):
Howard B Grobstein (TR) Represented By Roye Zur
10:00 AM
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
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 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
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:
Discovery cutoff: February 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 19, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
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):
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
Adv#: 8:19-01172 Cervantes v. Foster
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 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:
Discovery cutoff: February 20, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 at 11:00 a.m.
10:00 AM
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.
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
Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada
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 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.
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
Adv#: 8:20-01070 Crowley v. Pollei
Hearing RE: Motion To Dismiss Adversary Complaint (Motion filed 6/1/2020)
Docket 6
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
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.
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
Trustee(s):
Brett Ramsaur
Weneta M Kosmala (TR) Pro Se
11:00 AM
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
NONE LISTED -
Debtor(s):
Martha Lucrecia Diaz Represented By Dennise S Henderson
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Adv#: 8:19-01198 Moersch v. Zahedi
CONT'D Hearing RE: Plaintiff's Motion For Summary Judgment (Motion filed 4/16/2020)
FR: 5-28-20
Docket 11
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
Court.
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
Participants may connect to the videoconference through an Internet browser 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.
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
Plaintiff(s):
Carlo Moersch Represented By Jeffrey D Schreiber
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
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 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
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.
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
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 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
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.
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
Adv#: 8:19-01092 WJA Secure Income Fund, LLC v. Winget, Spadafora & Schwartzberg, LLP
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
NONE LISTED -
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
11:00 AM
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 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
**************************************************************************** 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):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
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 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
audio of the 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.
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
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 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
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
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:
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.
Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.
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.
11:00 AM
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
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
NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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 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
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.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
Hearing RE: Motion Authorizing The Assumption Of Real And Personal Property Leases
(Motion filed 5/15/20)
Docket 46
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.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
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
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.
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
1:30 PM
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
NONE LISTED -
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
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 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
Password: 244889
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Debtor(s):
Kapres Ward Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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
Password: 244889
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Debtor(s):
Randy Arron Angle Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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
Password: 244889
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Debtor(s):
Dominick Ernesto Andre Alvarado Represented By
Neil R Hedtke
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
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 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
Password: 244889
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
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 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
Password: 244889
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
Adv#: 6:19-01173 Cathay Bank v. Chang
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
NONE LISTED -
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
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);
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;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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)
FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 5-27-20
Docket 36
NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
10:00 AM
Jeffrey I Golden Beth Gaschen
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
Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz
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
NONE LISTED -
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
Adv#: 8:20-01048 Rosenbaum v. Olinger et al
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
NONE LISTED -
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
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);
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;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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)
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
- NONE LISTED -
11:00 AM
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 Judith E Marshack
11:00 AM
Adv#: 8:20-01048 Rosenbaum v. Olinger et al
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
- NONE LISTED -
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
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
Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz
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
- NONE LISTED -
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
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)
FR: 6-10-20
Docket 22
- NONE LISTED -
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
Misty A Perry Isaacson
11:00 AM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
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
- NONE LISTED -
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
Adv#: 8:20-01017 Casey v. Arroyo et al
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:
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);
Avoidance Of Preferential Transfer Under 11 U.S.C. Section 547;
Recovery Of Transfer Per 11 U.S.C. Section 550; And
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
- NONE LISTED -
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
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
Adv#: 8:19-01198 Moersch v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt:
False Pretenses, False Representation, Fraud [11 U.S.C. Section 523(a)(2)(A)]
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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01190 Murray v. Zahedi
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
- NONE LISTED -
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
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
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
- NONE LISTED -
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
Timothy W Evanston
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
Hrg. on Debtor's Motion to Approve Use Cash Collateral for Ordinary Expenses and Adequate Protection
EH
Docket 7
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
Password: 427341
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
2:00 PM
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
10:00 AM
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 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.
10:00 AM
Debtor(s):
WC Hardwood Floors Represented By Julie J Villalobos
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Rodolfo Benavente Martinez Represented By Brian J Soo-Hoo
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
Nehemias Antonio Rodriguez Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Donald Lewis Hendrix Represented By
10:00 AM
Trustee(s):
Neil R Hedtke
Karl T Anderson (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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
Trustee to lodge an order within seven (7) days.
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
#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 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.
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
Hrg. on trustee's final report; applications for compensation EH
Docket 0
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.
Debtor(s):
Jerry Jay Norris Represented By Timothy S Huyck
Joint Debtor(s):
Muriel Marie Norris Represented By Timothy S Huyck
11:00 AM
Trustee(s):
Charles W Daff (TR) Represented By Melissa Davis Lowe Lynda T Bui
11:00 AM
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 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
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.
Debtor(s):
Rebecca Lopez Vasquez Represented By
Miguel Alexandre Valente
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 6/9/20 for order Disallowing Claim of Comenity Bank (Claim 4-1)
EH
Docket 0
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
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.
Debtor(s):
Rebecca Lopez Vasquez Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation
[Re: Lynda Bui, chapter 7 trustee] [Fees; $1081.47; Expenses ; $0]
Docket 0
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.
Debtor(s):
Edgar Gutierrez Represented By Paul Y Lee
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
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
- NONE LISTED -
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
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 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
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
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
Hrg. on Third Amended Disclosure Statement EH
(Cont. from 6/23/20)
Docket 0
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:
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."
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
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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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
Counsel employment for the Unsecured Creditors Committee was denied, and that information should be included in the amended Disclosure Statement.
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.
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.
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).
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
will not exist and will have no effect.
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.
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 6/23/20)
Docket 0
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
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
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
************************************************************************************* 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
December 30, 2019: Last date to file a plan and disclosure statement.
December 15, 2019: Last date to file claims ("Claims Bar Date").
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):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
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 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
audio of the 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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
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
- NONE LISTED -
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
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
- NONE LISTED -
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
PRE-TRIAL CONFERENCE Re: Complaint by Commonwealth Land Title Insurance Company against Jason Ortiz, Brianna Ortiz - §§ 523(a)(2), (a)(6)
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01043 Frealy v. Young
STATUS CONFERENCE re: Complaint by Todd Frealy against Rick Young for: 1. Avoidance of Preferential Transfers (§547);
Avoidance of Fraudulent Transfers (§548);
Recovery of Property of The Estate (§550); and,
Objection to Scheduled Claim
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:19-01164 Cho v. Jacsen
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 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
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
Appearances are required. The Court is inclined to set the following dates/deadlines:
Discovery cutoff: April 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 28, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
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
Adv#: 6:20-01002 He et al v. Yap et al
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 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.
1:30 PM
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
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
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
Stephen J Thomas
Chunxin Zhao Represented By Stephen J Thomas
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:20-01002 He et al v. Yap et al
Hrg. on Order to Show Cause Why Adversary Proceeding Should Not Be Dismissed
EH
Docket 0
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.
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
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
Da Hai He Represented By
Stephen J Thomas
Chunxin Zhao Represented By Stephen J Thomas
1:30 PM
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
Adv#: 6:20-01046 Murray et al v. Anderson
STATUS CONFERENCE re: Complaint by Vernon E Murray, The Walnut Plaza Ltd against Aaron K Anderson - §523(a)(2)(A)
EH
Docket 1
- NONE LISTED -
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
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 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
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.
Debtor(s):
Christina Olinger Represented By Michael D Franco
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Gustavo Eduardo Bohorquez Represented By Marlin Branstetter
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Lorena Morales Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
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
- NONE LISTED -
Debtor(s):
Juan Gerardo Lopez Morales Represented By Francis Guilardi
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Jay F. Wells Represented By
Tina H Trinh
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Mackenna Pefley Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Josedavid Sandoval Espinoza Represented By Marlin Branstetter
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
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 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
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.
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
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 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
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.
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
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 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
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.
Debtor(s):
Christine Jane Healey Represented By John A Harbin
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];
Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];
Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
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
- NONE LISTED -
Debtor(s):
Du Sik Kang Represented By
Jisoo Hwang
Defendant(s):
Ik Soo Bang Represented By
Young K Chang
11:00 AM
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
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint:
To Determine The Validity, Priority, And Extent Of Liens;
Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;
To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And
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 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
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.
Debtor(s):
Dana Kim Shelton Represented By
11:00 AM
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
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c); And
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 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:
Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
11:00 AM
Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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):
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
Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack
11:00 AM
Adv#: 8:20-01033 Marshack v. 27 Diamonds
CONT'D 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 et seq.] And;
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 7/15/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: October 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: November 6, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden
11:00 AM
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 David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack
11:00 AM
Adv#: 8:20-01035 Marshack v. American Express et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]
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;
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
- NONE LISTED -
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
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
Adv#: 8:20-01036 Marshack v. Krohn Construction
CONT'D 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 et seq.] And
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 7/15/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: September 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 9, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Luminance Recovery Center, LLC Represented By
11:00 AM
Jeffrey I Golden Beth Gaschen
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
Adv#: 8:19-01007 WJA Asset Management LLC et al v. Jordan et al
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
- NONE LISTED -
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
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
Kyra E Andrassy Timothy W Evanston
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
Timothy W Evanston
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
Adv#: 8:19-01013 Lopez et al v. Morgan
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
- NONE LISTED -
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
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
Adv#: 8:19-01173 Casey v. Arroyo Investment Properties, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Arroyo Investment Properties, LLC For:
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Per 11 U.S.C. Section 550;
Declaratory Relief; And
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
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Arroyo Investment Properties, LLC Represented By
Donald W Sieveke
11:00 AM
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
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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)(D), 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
Docket 1
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
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 24, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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):
Thomas Joseph Lynch JR Pro Se
Defendant(s):
Thomas Joseph Lynch Pro Se
Plaintiff(s):
OC West, LLC Represented By
11:00 AM
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
Adv#: 8:19-01081 Marshack v. Kassir
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
- NONE LISTED -
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
Adv#: 8:19-01130 Marshack v. Kassir et al
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
- NONE LISTED -
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
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:20-01062 Kosmala v. Ho
STATUS CONFERENCE Hearing RE: Complaint For Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 544 And California Civil Code Section 3439.04(a)(1);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 544 And California Civil Code Section 3439.04(a)(2);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550;
Preserving Transfer Pursuant To 11 U.S.C. Section Section 551;
For Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And
For Turnover Of Property Of The Estate (Complaint filed 4/22/2020)
Docket 1
Tentative for 7/15/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: September 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
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.
11:00 AM
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 Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
11:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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.
Debtor(s):
Lester Ivan Polanco Represented By Dianna M Heck
10:00 AM
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
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 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.
Debtor(s):
Anthony Michael Martinez Represented By Harlene Miller
10:00 AM
Movant(s):
SchoolsFirst Federal Credit Union Represented By
Paul V Reza
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Sylvia Herman Represented By Scott Dicus
10:00 AM
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
Hearing RE: Motion For Order Approving Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 6/4/2020)
Docket 321
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
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.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Movant(s):
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
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 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
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
[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:
Deadline to file a plan and disclosure statement - June 30, 2019.
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
including a summary of all claims.
Appearances required.
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
Hearing RE: Objection To Claim:
(Motion filed 6/11/2020)
Claim No. 13 Francisco Javier Oliveros Garcia $5,000.00
Docket 324
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.
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
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Guaranty Contracts;
Breach Of Lease Agreement;
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 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
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
Appearances are excused.
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
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
Adv#: 8:19-01089 TD REO Fund LLC v. Mukda
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
- NONE LISTED -
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
Adv#: 8:19-01087 TD REO Fund LLC v. Nih
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
- NONE LISTED -
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
Adv#: 8:19-01090 TD REO Fund LLC v. Will
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
- NONE LISTED -
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
Adv#: 8:19-01091 TD REO Fund LLC v. Masunaga et al
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
- NONE LISTED -
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
Corey R Weber
11:00 AM
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 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.
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
Movant(s):
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
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 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.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
11:00 AM
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
Hearing RE: Motion For Relief From Court's Order Entered December 17, 2019 (Motion filed 6/25/2020)
Docket 221
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
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.
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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 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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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 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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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
- NONE LISTED -
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw
11:00 AM
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 for 7/16/20 is to CONTINUE to October 8, 2020 at 11:00 a.m., and set the following dates/deadlines:
Claims Bar Date: 8/15/20
Deadline for filing Claim Objections: 12/31/20
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
audio of the 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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw
11:00 AM
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
- NONE LISTED -
Debtor(s):
Tiara Townhomes LLC Represented By Matthew Grimshaw
10:00 AM
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 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
audio of the 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.
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
1:00 PM
Hrg. on Reconsideration of Order directing the appointment of a Chapter 11 Trustee
EH
Docket 0
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
Password: 101635
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
9:00 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
Debtor(s):
Yun Ho Choi Represented By
10:00 AM
Movant(s):
Young K Chang
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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.
Debtor(s):
Andres Martinez Sandoval Represented By
10:00 AM
Curtis R Aijala
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
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
11:00 AM
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 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.
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
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
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.
Debtor(s):
Dennison Orlando McKenzie Represented By
Stuart G Steingraber
Joint Debtor(s):
Louise M. McKenzie Represented By
Stuart G Steingraber
11:00 AM
Trustee(s):
Karl T Anderson (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
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.
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
11:00 AM
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 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
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.
Debtor(s):
Masao A Miller Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Trustee's Motion filed 6/17/20 to Dismiss Case and Vacate Discharge if Previously Entered
EH
Docket 38
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
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.
Debtor(s):
Eric Lee Tavious Hill Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Hrg. on Application to Employ Law Offices of Robert M. Yaspan as General Counsel for Debtor-in-Possession
EH
Docket 5
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
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.
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
Movant(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
Hrg. on Emergency Motion filed 8/3/20 to use cash of the estate EH
Docket 57
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
Password: 456017
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
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 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
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.
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
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 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
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.
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
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 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
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.
Debtor(s):
Robin Michelle Bradford Represented By Larissa L Lazarus
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Ashley Marie Michl-Betts Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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 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
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.
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
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 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
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.
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
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 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
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.
Debtor(s):
Renald F Lintong Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:19-01162 Jimenez v. Templo
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 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
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
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):
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
Adv#: 6:19-01162 Jimenez v. Templo
Hrg. on Defendant's Motion to Dismiss Adversary Proceeding for Failure to File Complaint Within Time Allowed by Law
EH
Docket 31
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
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.
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
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:18-01239 Virginia Bills a deceased individual, by and throu v. Uy
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
- NONE LISTED -
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
Adv#: 6:19-01110 Redd v. Hilton, Jr.
Hrg. on Plaintiff's Motion filed 7/14/20 for Order Modifying Scheduling Order EH
Docket 32
- NONE LISTED -
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
Adv#: 6:19-01141 Friend, Jr v. Eisenhower
Hrg. on Plaintiff's Motion filed 4/30/2 for Default Judgment [LBR 7055-1] (Cont. from 6/10/20)
Docket 18
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
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
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
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.
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
Adv#: 6:19-01141 Friend, Jr v. Eisenhower
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 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
audio of the 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.
Debtor(s):
William Horace Eisenhower Represented By Alon Darvish
1:30 PM
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
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
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 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.
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
Adv#: 6:20-01011 Salvador v. US Department of Education et al
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
- NONE LISTED -
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
Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial v. Dorsten
Hrg. on Plaintiff's Amended Motion for Default Judgment
(Cont. from 5/27/20)
Docket 21
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
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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
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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.
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
Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten
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 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
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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.
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
Adv#: 8:09-01725 Sutton et al v. Shah
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 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.
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
Movant(s):
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
Adv#: 8:09-01725 Sutton et al v. Shah
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 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
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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.
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
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
Adv#: 8:09-01725 Sutton et al v. Shah
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 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
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.
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
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
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
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
- NONE LISTED -
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
Aaron E de Leest Sonia Singh
11:00 AM
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
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
- NONE LISTED -
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
Jonathan A. Michaels Eric P Israel
Aaron E de Leest Sonia Singh
11:00 AM
Adv#: 8:19-01176 Golden v. Caufield et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint for Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And
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
- NONE LISTED -
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
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
11:00 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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 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
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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).
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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
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.
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
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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)(D), 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
Docket 1
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
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
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 24, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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):
Thomas Joseph Lynch JR Pro Se
Defendant(s):
Thomas Joseph Lynch Pro Se
Plaintiff(s):
OC West, LLC Represented By
11:00 AM
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
Adv#: 8:19-01198 Moersch v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt:
False Pretenses, False Representation, Fraud [11 U.S.C. Section 523(a)(2)(A)]
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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
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 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.
.
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
Adv#: 8:20-01070 Crowley v. Pollei
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 for 8/5/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 26, 20201. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 16, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Taylor Robinson Pollei Represented By Jeffrey B Smith
Defendant(s):
Taylor Robinson Pollei Represented By
11:00 AM
Jeffrey B Smith
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
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 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.
Debtor(s):
Eric Abraham Sandoval Represented By Donald A Green
Movant(s):
10:00 AM
AmeriCredit Financial Services, Inc. Represented By
Sheryl K Ith
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
- NONE LISTED -
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
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 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.
Debtor(s):
Jonathan James Lagman Represented By Michael Jones
11:00 AM
Sara Tidd
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones Sara Tidd
11:00 AM
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
1:00 PM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
Hearing RE: Evidentiary Objections To Direct Examination Testimony Of Michelle Nelson
(Motion filed 7/21/2020)
Docket 66
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
Password: 263772
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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 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
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.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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 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
Password: 263772
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
Hearing RE: Evidentiary Objections To Direct Examination Testimoney Of Catherine McKenna
(Motion filed 7/21/2020)
Docket 65
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
Password: 263772
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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 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
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.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
Hearing RE: Motion In Liimine To Exclude Evidence Of Claims Not Raised In the Complaint
(Motion filed 7/21/2020)
Docket 62
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
Password: 263772
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
Hearing RE: Motion In Limine To Exclude Documents Not Identified In The Pre-
Trial Stipulation
(Motion filed 7/21/2020)
Docket 61
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
Password: 263772
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
Hearing RE: Opening Statements (Set per Order Entered 7-15-2020)
Docket 1
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
Password: 263772
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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 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
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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 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
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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 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
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
CONT'D Hearing RE: Opening Statements (Set per Order Entered 7-15-2020)
FR: 8-5-20
Docket 1
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
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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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 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.
Debtor(s):
Jakob Jeremy Fite Represented By
10:00 AM
Glenn Park
Joint Debtor(s):
Melissa Legaspi Fite Represented By Glenn Park
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Patrick J Morning Represented By
10:00 AM
Trustee(s):
Robert W Stewart Jr
Robert Whitmore (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Bulldog Coatings LLC Represented By
10:00 AM
Trustee(s):
Julie J Villalobos
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
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
Debtor(s):
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
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
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.
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
Rika Kido
1:30 PM
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 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
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
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.
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
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
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
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 8/18/20:
The Court is inclined to set the following dates/deadlines:
Deadline to File Plan & D.S. - September 20, 2020 (statutory deadline)
Deadline to file Avoidance Actions - October 31, 2020
Proof of Claims Deadline - November 15, 2020
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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
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
- NONE LISTED -
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
Movant(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
Hrg. on Order to Show Cause why compensation paid to Debtors' Counsel should not be disgorged.
EH
Docket 1
- NONE LISTED -
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
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 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:
Actual income for July 2020 was $23,521.03, approximately
$2K less than the projected amount, $25,500.00.
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
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.
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
Trustee(s):
Todd L Turoci
Caroline Renee Djang (TR) Pro Se
1:30 PM
Hrg. on Subchapter V Status Conference
Docket 0
Tentative for 8/18/20:
The Court is inclined to set the following dates/deadlines:
Last Day to File a Plan: September 27, 2020, pursuant to 11 U.S.C. Section 1189(b)
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
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.
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
Trustee(s):
Caroline Renee Djang (TR) Pro Se
1:30 PM
Hrg. on Order to Show Cause why compensation paid to Debtors' Counsel should not be disgorged
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01036 Grobstein, Chapter 7 Trustee v. Perez et al
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
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
Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al
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 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.
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
10:00 AM
Adv#: 8:20-01101 Casey v. Morgan
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Debtor Brooks T. Morgan For Judgment:
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(2);
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(4)(A);
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(5);
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(6)(A);
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(3);
Denying Discharge RE Arroyo Membership Interest And Per 11 U.S.C. Section 727(a)(4)(A);
Denying Discharge RE Alleged Redemption Agreement And Updated
$33,350 Check Per 11 U.S.C. Section 727(a)(2);
Denying Discharge RE Post-Marital Agreement Per 11 U.S.C. Section 727(a)(2);
Denying Discharge RE Post-Marital Agreement Per 11 U.S.C. Section 727(a)(4);
Denying Discharge RE Unpaid Arroyo Membership Distributions Per 11
U.S.C. Section 727(a)(2); And
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 for 8/19/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: December 31, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
10:00 AM
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
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.
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
Adv#: 8:19-01172 Cervantes v. Foster
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
- NONE LISTED -
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
Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada
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 for 8/19/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 15, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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
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.
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
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
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
- NONE LISTED -
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
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
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
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
- NONE LISTED -
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
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
Adv#: 8:20-01085 Norris et al v. Javan
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 for 8/19/20:
The Court is inclined to set the following dates/deadlines:
Cutoff to file Motion for Leave to Amend: September 21, 2020.
Discovery cutoff: January 29, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 4, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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
10:00 AM
Adv#: 8:18-01214 Trinity Equipment Rentals, Inc. v. Lambaren
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 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.
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
Plaintiff(s):
Trinity Equipment Rentals, Inc. Represented By Michael J Walsh
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:18-01168 Casey v. Steinmann et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 544(b) And 550;
For Imposition Of A Resulting Trust;
For Declaratory Relief;
For Preservation Of The Transfer For The Benefit Of The Estate;
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
- NONE LISTED -
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
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
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
Adv#: 8:20-01015 Petersen v. Romero
Hearing RE: Motion To Compel Further Response To Special Interrogatories And Request For Production Of Documents
(Motion filed 8/3/2020)
Docket 12
- NONE LISTED -
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
Trustee(s):
Meghan C Murphey
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
Adv#: 8:20-01031 Marshack v. Sotiris, LLC
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 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.
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
Trustee(s):
Judith E Marshack
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
Adv#: 8:20-01033 Marshack v. 27 Diamonds
CONT'D 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 et seq.] And;
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
- NONE LISTED -
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
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
Adv#: 8:20-01034 Marshack v. Jaid Appliance
CONT'D 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 et seq.] And;
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 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.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Jaid Appliance Pro Se
11:00 AM
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
Adv#: 8:20-01035 Marshack v. American Express et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]
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;
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
- NONE LISTED -
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
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
Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];
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;
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 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.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
11:00 AM
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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
audio of the 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.
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
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 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.
Debtor(s):
Liezl Diaz Deocampo Represented By
James D. Hornbuckle
Joint Debtor(s):
Julius B. Deocampo Represented By
James D. Hornbuckle
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Represented By Reem J Bello
1:30 PM
Adv#: 8:19-01050 Marshack v. Yellowstone Capital West, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B)
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;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
Declaratory Relief; And
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
- NONE LISTED -
1:30 PM
Debtor(s):
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
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 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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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 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.
Debtor(s):
Benjamin Navarro Morales Represented By Christopher J Langley
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Alexis Mae Williams Represented By Brian J Soo-Hoo
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Gary Brian Hopkins Represented By Christopher J Langley
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
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 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
audio of the 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.
Debtor(s):
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe Charity J Manee James C Bastian Jr
11:00 AM
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 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
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.
Debtor(s):
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe
11:00 AM
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
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
- NONE LISTED -
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
Timothy W Evanston
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
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Guaranty Contracts;
Breach Of Lease Agreement;
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 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
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
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):
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
TD Opportunity Fund, LLC Represented By Michael W Davis
11:00 AM
Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 7/27/2020)
Docket 67
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.
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
Plaintiff(s):
Equity Indexed Managed Fund, LLC Represented By
Michael W Davis Talin Keshishian Jorge A Gaitan
11:00 AM
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 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.
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
- NONE LISTED -
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
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
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
rules.
Appearances for the 6/25 hearing are excused.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
Hearing RE: Motion For Order: (1) Authorizing Sale (A) Outside The Ordinary Course Of Business; (B) Free And Clear Of Liens, Claims, And Encumbrances;
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
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;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 7/6/2020)
Docket 0
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Linda Flora, LLC Represented By Randy Chang
Trustee(s):
Robert Paul Goe (TR) Pro Se
11:00 AM
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 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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
Debtor(s):
Linda Flora, LLC Represented By Randy Chang
Trustee(s):
Robert Paul Goe (TR) Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
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;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 7/7/2020)
Docket 9
NONE LISTED -
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
Hearing RE: Request For Appointment Of Trustee Pursuant To 11 U.S.C. Section 1183(b)(2) And Response To Status Reports Of Debtor And Subchapter V Trustee
(Motion filed 8/13/2020)
Docket 27
NONE LISTED -
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Trustee(s):
Mark M Sharf (TR) Pro Se
9:30 AM
Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al
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
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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
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
Adv#: 8:19-01092 WJA Secure Income Fund, LLC v. Winget, Spadafora & Schwartzberg, LLP
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):
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
Corey R Weber
10:00 AM
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 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.
Debtor(s):
Chet L. Millerd Represented By April E Roberts
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Rodolfo Benavente Martinez Represented By Brian J Soo-Hoo
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Donald St. Peter Represented By
James D. Hornbuckle
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Richard Anthony Castro Represented By Suzette Douglas
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
Nancy Magdaleno Represented By Paul Y Lee
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
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
- NONE LISTED -
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
Hrg. on Post Confirmation Status Conference EH
(Hrg. cont. from 6/6/20)
Docket 0
- NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on chapter 11 status conference EH
Docket 0
- NONE LISTED -
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
10:00 AM
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 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
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.
Debtor(s):
Yazmin Gonzalez Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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.
Debtor(s):
Martha Villalobos Represented By Marlin Branstetter
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang
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
- NONE LISTED -
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
Adv#: 6:19-01110 Redd v. Hilton, Jr.
Hrg. on Plaintiff's Motion filed 7/21/20 For Summary Judgment EH
Docket 38
- NONE LISTED -
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
Adv#: 6:19-01119 B. SPRAGG ENTERPRISES LLC v. Blas-Sanchez
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
- NONE LISTED -
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
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten
Hrg. on Plaintiff's Amended Motion for Default Judgment
(Cont. from 5/27/20; 8/5/20)
Docket 21
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
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
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.
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
Adv#: 6:20-01007 HLS of Nevada, LLC d.b.a. Nevada West Financial, a v. Dorsten
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 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
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.
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
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
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 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.
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
1:30 PM
Adv#: 6:20-01113 Sarno et al v. Fite et al
STATUS CONFERENCE re: Complaint by John Sarno, Leslee Sarno against Jakob Jeremy Fite, Melissa Legaspi Fite - §523(a)(6)
EH
Docket 1
- NONE LISTED -
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
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
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 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
Trustee to lodge an order within seven (7) days.
Debtor(s):
Genesis Title Holding Corporation Represented By
Bert Briones
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen
11:00 AM
Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al
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
- NONE LISTED -
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
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
STATUS CONFERENCE Hearing RE: Complaint:
Violation Of Automatic Stay/Discharge Injunction;
11 USC Section 525(a) Violation (Complaint filed 6/4/2020)
Docket 1
- NONE LISTED -
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
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
Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company
STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Contract;
Reformation For Unilateral Mistake;
Reformation For Fraud;
Unconscionability; and
Breach Of Duty Of Good Faith And Fair Dealing (Complaint filed 6/16/2020)
Docket 1
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.
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
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
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);
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;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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
Docket 31
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
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:
Discovery cutoff: March 06, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 17, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Appearances are excused.
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 Judith E Marshack Sharon Oh-Kubisch
11:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
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
- NONE LISTED -
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
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:19-01174 Casey v. Morgan
Hearing RE: Motion Of Plaintiff Trustee For Award Of Attorneys' Fees (Motion filed 6/29/2020)
Docket 20
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
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
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.
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
Hearing RE: Debtor's Objection To Claim: (Motion filed 8/1/2020)
Claim No. 1 Hassan Essayli $117,443.94
Docket 84
Tentative for 9/2/20 is to treat this claim objection as an adversary proceeding, and set the following dates and deadlines:
Discovery cutoff: December 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Sukeinah Hassan Kassir Represented By Vikrant Chaudhry
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:20-01062 Kosmala v. Ho
Hearing RE: Motion Of Chapter 7 Trustee For Summary Judgment Against Ngan Kim Ho
(Motion filed 7/22/2020)
Docket 9
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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
Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz
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
- NONE LISTED -
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
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta
Hearing RE: Motion To Dismiss Adversary Proceeding (Motion filed 7/31/2020)
Docket 11
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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.
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
Adv#: 8:19-01166 Aerofund Holdings, Inc. v. Mike, III
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 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:
Deadline for Mediation: November 30, 2020.
Discovery cutoff: January 29, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 15, 2021. Note: this is the date by which all non-
10:00 AM
discovery motions must be heard and resolved.
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
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.
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
CONT'D Hearing RE: Motion To Dismiss (Motion filed 7/2/2020)
FR: 8-4-20
Docket 31
- NONE LISTED -
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
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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
- NONE LISTED -
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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
- NONE LISTED -
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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
- NONE LISTED -
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
Movant(s):
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
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 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
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
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.
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
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 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
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.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
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
- NONE LISTED -
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
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 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
audio of the 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
Participants may connect to the videoconference through an Internet browser 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.
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
Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Adv#: 8:19-01092 WJA Secure Income Fund, LLC v. Winget, Spadafora & Schwartzberg, LLP
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
- NONE LISTED -
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
Plaintiff(s):
WJA Secure Income Fund, LLC Represented By Michael W Davis Talin Keshishian Corey R Weber
11:00 AM
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 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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Robert George Campoy Represented By Michael Jones
Trustee(s):
Robert Paul Goe (TR) Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 7/10/2020)
Docket 8
Tentative for 9/3/20:
This is a single asset real estate Chapter 11. The Court is inclined to set the following dates/deadlines:
Deadline to file Plan and D.S. - October 8, 2020
Deadline to serve Plan and D.S. - September 15, 2020
Proof of Claims Deadline - November 15, 2020
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
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.
Debtor(s):
TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman
11:00 AM
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 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
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
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.
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
Tinho Mang
11:00 AM
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 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
audio of the 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
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
**************************************************************************** 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:
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.
Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.
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
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):
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
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 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.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Movant(s):
Grobstein Teeple LLP Pro Se
11:00 AM
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
11:00 AM
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 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.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
11:00 AM
Movant(s):
SulmeyerKupetz, A Professional Represented By
Steven Werth
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
11:00 AM
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 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.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
11:00 AM
Movant(s):
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
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 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.
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
Trustee(s):
Matthew Grimshaw Tinho Mang
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
10:00 AM
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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
- NONE LISTED -
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
Trustee(s):
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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
- NONE LISTED -
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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
- NONE LISTED -
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
CONT'D Hearing RE: Motion To Dismiss (Motion filed 7/2/2020)
FR: 8-4-20; 9-3-20
Docket 31
- NONE LISTED -
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
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
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):
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
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
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 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
582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
Debtor(s):
Aaron Jesus Ramirez Represented By
10:00 AM
M. Wayne Tucker
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
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 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.
Debtor(s):
Brett Michael Dancy Represented By
10:00 AM
Movant(s):
Salvatore Bommarito
Santander Consumer USA Inc. dba Represented By
Sheryl K Ith
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
Hrg. on Chapter 7 Trustee's Motion filed 8/3/20 Objecting to Claim #38 filed by Prosper Marketplace, Inc.
Docket 35
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.
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
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 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.
Debtor(s):
Tonya S. Goff Represented By Lazaro E Fernandez
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
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 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.
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
1:30 PM
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 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
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.
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
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
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
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
- NONE LISTED -
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
Hrg. on Chapter 11 Status Conference (Cont. from 3/10/20)
EH
Docket 0
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
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):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Hrg. on Confirmation of Chapter 11 Plan EH
Docket 0
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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 7/14/20)
Docket 0
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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
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
- NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
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 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.
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
Everett L Green
1:30 PM
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 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.
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
Hrg. on Debtor's Motion to Modify Plan to Adjust Treatment of Pacific Premiere Bank
EH
Docket 326
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
audio of the 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.
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
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 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.
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
Everett L Green
1:30 PM
Hrg. on Debtor's Motion to Allow Late Cast Ballot and for the Debtor to count the ballot
EH
Docket 328
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.
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
Everett L Green
1:30 PM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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.
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
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P.
1:30 PM
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 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
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.
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
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P.
1:30 PM
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
- NONE LISTED -
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
Movant(s):
Todd A. Frealy Represented By Monica Y Kim
1:30 PM
Adv#: 6:20-01025 Rose v. Duarte
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 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
accessible during the hearing.
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
Adv#: 6:19-01134 Cube v. Haro et al
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 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:
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.
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
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
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:
Discovery cutoff: July 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 7, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
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
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
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
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 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:
Setting a deadline for the filing of motions in limine not less than 30 days prior to trial, and
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
Participants may connect to the videoconference through an Internet browser 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
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:
Discovery cutoff: May 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 11, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
1:30 PM
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
Adv#: 6:19-01110 Redd v. Hilton, Jr.
PRE-TRIAL CONFERENCE re: Complaint by LaToya S Redd against David Henry Hilton Jr.. - 727, 523(a)(2)
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01043 Frealy v. Young
STATUS CONFERENCE re: Complaint by Todd Frealy against Rick Young for:
Avoidance of Preferential Transfers (§547);
Avoidance of Fraudulent Transfers (§548);
Recovery of Property of The Estate (§550); and,
Objection to Scheduled Claim
EH
(Cont. from 7/15/20)
Docket 1
- NONE LISTED -
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
Trustee(s):
Todd A. Frealy (TR) Represented By Amy L Goldman
10:00 AM
Adv#: 8:18-01171 Casey v. Downs
Hearing RE: Motion To Dismiss Adversary Proceeding For Failure To Prosecute Pursuant To Rule 41(b)
(Motion filed 8/28/2020)
Docket 38
- NONE LISTED -
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
Faye C Rasch Ryan W Beall
10:00 AM
Adv#: 8:19-01172 Cervantes v. Foster
Hearing RE: First Amended Motion For Relief From Order Dismissing The Adversary Proceeding With Prejudice
(Amended Motion filed 8/18/2020)
Docket 23
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost
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 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
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
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.
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
John P. Reitman Meghan C Murphey
10:00 AM
Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost
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 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
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
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.
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey
10:00 AM
Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost
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 for 9/23/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 29, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 15, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Eagan Avenatti, LLP Represented By
10:00 AM
Jack A. Reitman
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
Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta
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
NONE LISTED -
Debtor(s):
Sharif M. Atta Represented By Leonard W Stitz
Defendant(s):
Sharif Atta Represented By
Leonard W Stitz
Plaintiff(s):
Meineke Franchisor SPV LLC Represented By Lawrence J Hilton
Econo Lube Franchisor SPV LLC Represented By
Lawrence J Hilton
10:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:18-01168 Casey v. Steinmann et al
Hearing RE: Trustee's And Intervenors' Joint Motion To Extend Discovery Cut-
Off Date
(Motion filed 8/12/2020)
[Tele. appr., Gerald P. Kennedy, repr., Defendants, Susanna Steinmanm Wilson, Thomas Steinmann, John Steinman, and Mary Steinmann]
Docket 183
NONE LISTED -
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
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
Movant(s):
Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
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
Adv#: 8:18-01168 Casey v. Steinmann et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 544(b) And 550;
For Imposition Of A Resulting Trust;
For Declaratory Relief;
For Preservation Of The Transfer For The Benefit Of The Estate;
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
- NONE LISTED -
Debtor(s):
Andrea Steinmann Downs Pro Se
Defendant(s):
Lora Rae Steinmann Represented By
D Edward Hays Laila Masud
11:00 AM
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
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
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];
Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];
Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
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
- NONE LISTED -
Debtor(s):
Du Sik Kang Represented By
Jisoo Hwang
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Sheri Kanesaka
11:00 AM
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
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
- NONE LISTED -
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
Laila Masud
D Edward Hays Tinho Mang
11:00 AM
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 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
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.
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
Trustee(s):
Thomas J Polis
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
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 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
audio of the 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.
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
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
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 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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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 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
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.
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
Tinho Mang
11:00 AM
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
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 for 9/23/20:
Virtual appearances are required. The pretrial stipulation is unacceptable and is DENIED for the following reasons:
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.
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]).
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
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
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:
Discovery cutoff: 02/17/2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: 04/03/2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
Debtor(s):
Huy Quang Dao Represented By Denise Ho
11:00 AM
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
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
- NONE LISTED -
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
Adv#: 8:19-01198 Moersch v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt:
False Pretenses, False Representation, Fraud [11 U.S.C. Section 523(a)(2)(A)]
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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
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 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
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
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
Adv#: 8:19-01186 Marshack v. Avenatti et al
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 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
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.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
11:00 AM
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
Adv#: 8:20-01049 Marshack v. Aledmi, LLC et al
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 for 9/23/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
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
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.
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
Judith E Marshack John P. Reitman Meghan C Murphey
11:00 AM
Adv#: 8:20-01050 Marshack v. Alki Bakery, Inc.
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 for 9/23/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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.
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
Adv#: 8:20-01051 Marshack v. Faieta dba Competition Motorsports
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 for 9/23/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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.
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
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];
Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];
Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
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
- NONE LISTED -
Debtor(s):
Du Sik Kang Represented By
Jisoo Hwang
Defendant(s):
Ik Soo Bang Represented By
Young K Chang
1:30 PM
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
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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.
Debtor(s):
Tim M McKenna Represented By
10:00 AM
Movant(s):
Michael G Spector
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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
- NONE LISTED -
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
D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey
10:00 AM
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
- NONE LISTED -
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
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 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.
Debtor(s):
Timothy R Ledbetter Represented By
Catherine Christiansen
10:00 AM
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
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
- NONE LISTED -
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
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 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.
Debtor(s):
Gloria Garcia Palmer Represented By
10:00 AM
Movant(s):
Chris T Nguyen
Partners Federal Credit Union Represented By Yuri Voronin
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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 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.
Debtor(s):
Fadi Moussaoui Represented By Paul Y Lee
10:00 AM
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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.
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
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
- NONE LISTED -
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
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 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
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):
Chrestotes, Inc Represented By David A Tilem Kevin Tang
11:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
Tinho Mang
11:00 AM
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
- NONE LISTED -
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
Adv#: 8:20-01107 Invensure Insurance Brokers, Inc. v. Prince et al
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
- NONE LISTED -
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
Adv#: 8:20-01107 Invensure Insurance Brokers, Inc. v. Prince et al
STATUS CONFERENCE Hearing RE: Complaint For:
Civil Rico Violations;
Fraud And Deceit;
Breach Of Fiduciary Duty;
Turnover And Accounting; And
Disallowance Of Claim And Interest (Complaint filed 7/6/2020)
Docket 1
- NONE LISTED -
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
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 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
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.
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
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 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
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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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 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
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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
Hearing RE: Motion To Disqualify Goe, Forsythe & Hodges As Counsel To Creditor Beth Kiladjian
(Motion filed 8/27/2020)
Docket 40
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
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.
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
11:00 AM
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
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
- NONE LISTED -
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
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 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
audio of the 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.
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
Timothy W Evanston
11:00 AM
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
11:00 AM
Movant(s):
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
Rutan & Tucker LLP Represented By Roger F Friedman
11:00 AM
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
11:00 AM
Movant(s):
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
Menchaca & Company LLP Pro Se
11:00 AM
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
11:00 AM
Movant(s):
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
Brutzkus Gubner Represented By Corey R Weber
11:00 AM
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
11:00 AM
Movant(s):
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
SulmeyerKupetz, A Professional Represented By
Mark S Horoupian Steven Werth
11:00 AM
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 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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
11:00 AM
Movant(s):
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
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
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
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
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
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
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
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
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
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
Lawrence R Fieselman
1:30 PM
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
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
Lawrence R Fieselman
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 6/9/20)
(Tele. appr. Diana Torres-Brito, rep. Cenlar FSB)
Docket 0
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
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
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
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
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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
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
Adv#: 6:18-01056 Whitmore v. McKay V et al
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
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
Adv#: 6:19-01110 Redd v. Hilton, Jr.
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
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
Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company
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
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
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
Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Contract;
Reformation For Unilateral Mistake;
Reformation For Fraud;
Unconscionability; and
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
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
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
Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company
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):
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
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
Adv#: 8:20-01058 Marshack v. Dillanos Coffee Roasters, Inc.
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
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
10:00 AM
Adv#: 8:20-01058 Marshack v. Dillanos Coffee Roasters, Inc.
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
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey
10:00 AM
Adv#: 8:20-01059 Marshack v. Eisenhower Carlson PLLC
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
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
Adv#: 8:20-01060 Marshack v. Gallo Builders, Inc.
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
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
Adv#: 8:20-01068 Marshack v. Silver Star Sounds & Communications, Inc
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
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
Adv#: 8:20-01069 Marshack v. Trackside Performance, LLC
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
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
Adv#: 8:20-01071 Marshack v. Vincent Builders, Inc.
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
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
10:00 AM
Adv#: 8:20-01071 Marshack v. Vincent Builders, Inc.
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
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
D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey
10:00 AM
Adv#: 8:20-01027 Hesse v. Engelmann
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
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
Adv#: 8:20-01027 Hesse v. Engelmann
Hearing RE: Motion For Leave To File First Amended Complaint To Determine Nondischargeability Of Debt
(Motion filed 8/27/2020)
Docket 12
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
Adv#: 8:09-01725 Sutton et al v. Shah
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
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
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
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
Hearing RE: Motion To Strike Defendants Answer To The Complaint And For Entry Of Default
(Motion filed 8/11/2020)
Docket 58
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
Judith E Marshack Sharon Oh-Kubisch
11:00 AM
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);
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;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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
Docket 31
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
11:00 AM
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
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
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
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
Trustee(s):
Faye C Rasch
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
Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Contract;
Reformation For Unilateral Mistake;
Reformation For Fraud;
Unconscionability; and
Breach Of Duty Of Good Faith And Fair Dealing (Complaint filed 6/16/2020)
FR: 9-2-20
Docket 1
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
Trustee(s):
Richard A Marshack (TR) Represented By
11:00 AM
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
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)
FR: 6-10-20; 7-1-20
Docket 22
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
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
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
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
Adv#: 8:19-01166 Aerofund Holdings, Inc. v. Mike, III
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
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
11:00 AM
Adv#: 8:20-01027 Hesse v. Engelmann
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):
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
STATUS CONFERENCE Hearing RE: Conversion (Set per Order Entered 9-17-2020 - docket no. [112])
Docket 0
Debtor(s):
Mershad Javan Represented By Todd L Turoci
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Adv#: 8:20-01055 Norris et al v. Javan et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:
Avoid And Recover Fraudulent Transfers;
Obtain Declaratory Relief As To Ownership Of Property;
Turnover Of Property;
Authorize Sale Of Real Property; And
For Declaratory Relief (Complaint filed 4/18/2020)
[Adversary transferred from CB on 7/31/2020]
FR: 7-7-20
Docket 1
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
Trustee(s):
David Brian Lally
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:20-01055 Norris et al v. Javan et al
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
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
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:20-01055 Norris et al v. Javan et al
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
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
Steve Norris Derivatively on Behalf Represented By
David Brian Lally
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:20-01085 Norris et al v. Javan
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
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
Adv#: 8:19-01090 TD REO Fund LLC v. Will
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
- NONE LISTED -
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
Jorge A Gaitan Corey R Weber
11:00 AM
Chapter 11 Status Conference
(S/C set per Order Entered 8/7/2020)
[Case transferred from CB on 7/31/2020]
Docket 0
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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
- NONE LISTED -
Debtor(s):
The Trial Group LLP Represented By Michael Avenatti
11:00 AM
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
- NONE LISTED -
Debtor(s):
The Trial Group LLP Represented By Michael Avenatti
11:00 AM
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
- NONE LISTED -
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hearing RE: Motion For Order: (1) Authorizing Sale (A) Outside The Ordinary Course Of Business; (B) Free And Clear Of Liens, Claims, And Encumbrances;
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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 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.
Debtor(s):
Linda Flora, LLC Represented By Randy Chang
Movant(s):
United States Trustee (SA) Represented By
11:00 AM
Trustee(s):
Michael J Hauser
Robert Paul Goe (TR) Pro Se
11:00 AM
Hearing RE: Motion Objecting To Debtor's Claims Of Exemptions (Motion filed 8/28/2020)
Docket 46
- NONE LISTED -
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
10:00 AM
Adv#: 8:18-01168 Casey v. Steinmann et al
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
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 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.
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
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 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
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
Movant(s):
Todd A. Frealy Represented By Monica Y Kim
1:30 PM
Hrg. on chapter 11 status conference EH
(Cont. from 9/1/20)
Docket 0
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
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.
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
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 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
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.
Debtor(s):
Alma Alvarado Castillejos Represented By Jason B Cruz
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Julie Irene Bergman Represented By Norma Duenas
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Vanessa Varieur Represented By Daniel King
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
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 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
Debtor(s):
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
Hrg. on Subchapter V Status Conference (Cont. from 8/18/20)
Docket 0
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:
Last Day to File a Plan: September 27, 2020, pursuant to 11 U.S.C. Section 1189(b)
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
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.
Debtor(s):
Camp Croteau, Inc. Represented By
1:30 PM
Trustee(s):
Todd L Turoci
Caroline Renee Djang (TR) Pro Se
11:00 AM
Adv#: 8:18-01171 Casey v. Downs
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
- NONE LISTED -
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
Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
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 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
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.
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
Adv#: 8:20-01035 Marshack v. American Express et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]
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;
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
- NONE LISTED -
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
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
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 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.
Debtor(s):
Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan Leo A Bautista
11:00 AM
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
Hearing RE: Debtor's Motion For Order Approving Debtor's Waiver Of Discharge
(Motion filed 9/3/2020)
Docket 388
- NONE LISTED -
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
Adv#: 8:20-01101 Casey v. Morgan
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
- NONE LISTED -
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
Adv#: 8:20-01101 Casey v. Morgan
Hearing RE: Trustee's Motion For Summary Judgment (Motion filed 8/24/2020)
Docket 15
- NONE LISTED -
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
11:00 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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)
, 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 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]:
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
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.
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.
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.
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.
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
All remaining "facts" set out in the respective Pre-Trial documents filed by Plaintiff and Defendant are issues of facts to be litigated.
All issues of law set out in the respective Pre-Trial documents filed by Plaintiff and Defendant, and no others, remain to be litigated.
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
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.
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
Adv#: 8:19-01080 Marshack v. Kassir
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
- NONE LISTED -
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
Adv#: 8:19-01081 Marshack v. Kassir
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
- NONE LISTED -
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
Donald W Sieveke
11:00 AM
Adv#: 8:19-01130 Marshack v. Kassir et al
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
- NONE LISTED -
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
Trustee(s):
Donald W Sieveke
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:19-01166 Aerofund Holdings, Inc. v. Mike, III
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
- NONE LISTED -
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
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Adv#: 8:19-01190 Murray v. Zahedi
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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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
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 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.
Debtor(s):
Alisandro Romero Represented By Rex Tran
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
Adv#: 8:20-01015 Petersen v. Romero
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 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
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:
Motion cutoff: January 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
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.
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
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
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 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
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.
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
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 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.
Debtor(s):
PIF Restaurant Group, Inc. Represented By Robert P Goe
Movant(s):
Karen S Naylor (TR) Represented By
11:00 AM
Trustee(s):
Nanette D Sanders
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
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 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.
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the 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.
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
10:00 AM
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 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
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.
Debtor(s):
El Valle Plastering, Inc. Represented By Andy J Epstein Martin C Nguyen
Movant(s):
10:00 AM
El Valle Plastering, Inc. Represented By Andy J Epstein Martin C Nguyen
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Hearing RE: Post-Confirmation Debtor's Motion To Reopen Their Individual Chapter 11 Case
(Motion filed 9/10/2020)
Docket 174
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.
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
John H Bauer
11:00 AM
Hearing RE: Post-Confirmation Debtor's Motion For Discharge Of Their Individual Chapter 11 Case
(Motion filed 9/10/2020)
Docket 176
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.
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
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 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.
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
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
- NONE LISTED -
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
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 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:
Claims Bar Date: 8/15/20
Deadline for filing Claim Objections: 12/31/20
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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
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;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 7/6/2020)
FR: 10-8-20
Docket 0
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
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Linda Flora, LLC Represented By
11:00 AM
Trustee(s):
Randy Chang
Robert Paul Goe (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
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;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 7/7/2020)
FR: 8-20-20
Docket 9
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
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.
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
11:00 AM
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
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;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
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 for 10/8/20:
The Court is inclined to set the following dates/deadlines:
Deadline to file Plan and D.S. - November 17, 2020 (statutory deadline as requested by Debtor)
Proof of Claims Deadline - December 1, 2020 (as requested by Debtor)
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
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
11:00 AM
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 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
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
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
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.
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
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 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
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.
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
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
- NONE LISTED -
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
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 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.
Debtor(s):
Bulldog Coatings LLC Represented By
10:00 AM
Trustee(s):
Julie J Villalobos
Robert Whitmore (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
Erlinda B. Garcia Represented By Joselina L Medrano
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Jorge Armando Gomez Represented By Ruben Salazar
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Heidi Ruiz Carrillo Represented By Yolanda Flores-Burt
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Ihab Ra Kahla Represented By Brian J Soo-Hoo
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
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 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.
11:00 AM
Debtor(s):
Esteban Brito Gallegos Represented By
Stuart G Steingraber
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on approval of Trustee's Final Report and Applications for Compensation EH
Docket 0
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.
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
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 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
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.
Debtor(s):
Arturo Lopez Represented By
Steven A Alpert
11:00 AM
Joint Debtor(s):
Onoria Lopez Represented By Steven A Alpert
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
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 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
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.
Debtor(s):
DAVID LIN Represented By
Michael J Jaurigue Elaine Le
Ryan A. Stubbe
Joint Debtor(s):
CHRISTINE YIU Represented By
1:30 PM
Movant(s):
Michael J Jaurigue Elaine Le
Ryan A. Stubbe
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
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 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
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
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.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
Lawrence R Fieselman
1:30 PM
CONT Hrg. on Post Confirmation Status Conference EH
(Hrg. cont. from 9/29/20)
Docket 0
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
audio of the 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
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.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
Lawrence R Fieselman
1:30 PM
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 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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
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 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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
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 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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
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 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
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
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
CONT Hrg. on Chapter 11 Status Conference EH
(Cont. from 9/29/20)
Docket 0
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
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
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:
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.
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
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
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
- NONE LISTED -
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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 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
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.
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
Hrg. on Chapter 7 Trustee's Application To Employ Braun, Inc. As Broker and Auctioneer
EH
Docket 170
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
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.
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
Adv#: 6:19-01110 Redd v. Hilton, Jr.
CONT Hrg. on Plaintiff's Motion filed 7/21/20 For Summary Judgment EH
(Cont. from 9/2/20)
Docket 38
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.
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
Adv#: 6:19-01176 Sekermestrovich v. Paiva
PRE-TRIAL CONFERENCE re: Complaint by Dennis Sekermestrovich against Gregory Allen Paiva - §§523(a)(2), 523(a)(6)
EH
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01046 Murray et al v. Anderson
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 for 10/21/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 15, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 16, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
1:30 PM
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
1:30 PM
Adv#: 6:20-01133 Sarasota CCM, Inc., v. Turner, Sr.
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 for 10/21/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 15, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
1:30 PM
Debtor(s):
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
Adv#: 8:18-01168 Casey v. Steinmann et al
Hearing RE: Intervenors' And Trustee's Joint Motion For Terminating Sanctions (Motion filed 9/30/2020)
Docket 222
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
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
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
Faye C Rasch Ryan W Beall
10:00 AM
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
Hearing RE: Motion To Strike Defendant's Answer To The Complaint And For Entry Of Default
(Motion filed 9/29/2020)
Docket 36
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.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
10:00 AM
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
Adv#: 8:20-01123 Scottsdale Insurance Company v. Castanon
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 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.
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
Trustee(s):
Valerie D Rojas Christopher B Burch
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
Adv#: 8:18-01214 Trinity Equipment Rentals, Inc. v. Lambaren
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
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.
Debtor(s):
Martin Lambaren Represented By
10:00 AM
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 Michael J Walsh
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:19-01172 Cervantes v. Foster
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 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
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
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:
Discovery cutoff: February 20, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
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
Plaintiff(s):
Trina C. Cervantes Represented By Natali A Ron
Richard L. Sturdevant
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost
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 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
Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
*************************************************************************** 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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
Hearing RE: Motion To Amend Complaint (Motion filed 9/16/2020)
Docket 59
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
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.
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
Hearing RE: Motion To Strike Plaintiff Richard A. Marshack's Liens (Motion filed 9/16/2020)
Docket 60
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
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.
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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 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
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
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.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
Defendant(s):
The X-Law Group, PC, a Represented By
10:00 AM
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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 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
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
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.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
10:00 AM
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
Adv#: 8:20-01015 Petersen v. Romero
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
- NONE LISTED -
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
Adv#: 8:17-01044 Samuels et al v. Mehrtash
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
- NONE LISTED -
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
11:00 AM
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 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.
Debtor(s):
Kathleen Karlage Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
Violation Of Automatic Stay/Discharge Injunction;
11 USC Section 525(a) Violation (Complaint filed 6/4/2020)
FR: 9-2-20
Docket 1
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.
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
Trustee(s):
Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel
Aaron E de Leest
11:00 AM
Adv#: 8:19-01050 Marshack v. West Coast Business Capital LLC,
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B)
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;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
Declaratory Relief; And
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
- NONE LISTED -
11:00 AM
Debtor(s):
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
Adv#: 8:20-01031 Marshack v. Sotiris, LLC
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 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
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
11:00 AM
Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];
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;
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 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
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
11:00 AM
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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:
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.
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
(See, Order Approving Stipulation to Extend Discovery Motions Deadline and Continue Pretrial Conference entered 1/20/20 [Dk. 30]).
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
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:
Discovery cutoff: 02/17/2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: 04/03/2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
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
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 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
audio of the 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
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
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.
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
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 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
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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
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 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
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.
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
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
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
- NONE LISTED -
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
Timothy W Evanston
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
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Guaranty Contracts;
Breach Of Lease Agreement;
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 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
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
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):
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
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
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 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
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
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
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
- NONE LISTED -
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
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 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:
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.
Deadline to object to claims: August 7, 2020.
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
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.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al
STATUS CONFERENCE Hearing RE: Complaint For:
Conversion;
Breach Of Contract;
Recovery Of Bailed Property
[Civil Code Sections 3379-3380; Code Civ. Proc Section 667]
Breach Of Fiduciary Duty;
Unfair And Unlawful Business Practices [Bus. and Prof. Code Section 17200 et seq.] (Notice of Removal filed 8/26/2020)
Docket 1
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
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.
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
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
Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al
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 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
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
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.
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
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 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
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.
Debtor(s):
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe Charity J Manee James C Bastian Jr
11:00 AM
11:00 AM
Hearing RE: Joint Motion For Approval Of Assignment For The Benefit Of Creditors And To Dismiss Case
(Motion filed 10/1/2020)
Docket 477
- NONE LISTED -
Debtor(s):
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe Charity J Manee James C Bastian Jr
11:00 AM
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 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.
Debtor(s):
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe Charity J Manee James C Bastian Jr
11:00 AM
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 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.
Debtor(s):
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe Charity J Manee James C Bastian Jr
11:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe Charity J Manee James C Bastian Jr
10:00 AM
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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
Participants may connect to the videoconference through an Internet browser 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.
10:00 AM
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
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 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.
Debtor(s):
Arnel Arcilla Represented By
Gregory M Shanfeld
Joint Debtor(s):
10:00 AM
Sarah Marie Arcilla Represented By Gregory M Shanfeld
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Christian Sheena Bowden Represented By Paul Y Lee
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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 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.
10:00 AM
Debtor(s):
Paul Douglas Jones Represented By Paul Y Lee
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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
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
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.
Debtor(s):
Bulldog Coatings LLC Represented By Julie J Villalobos
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
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 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.
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
Trustee(s):
Matthew J Eandi
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
11:00 AM
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 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.
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
Trustee(s):
Byron Z Moldo John W Shenk Matthew J Eandi
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
11:00 AM
#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
- NONE LISTED -
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
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 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.
Debtor(s):
George Lee Carpenter Represented By Todd L Turoci
11:00 AM
Trustee(s):
Lynda T. Bui (TR) Represented By Christa Ramey
11:00 AM
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 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.
Debtor(s):
Deward Childs III Represented By Todd L Turoci
Joint Debtor(s):
Lameka Shannet Childs Represented By Todd L Turoci
11:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
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 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
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.
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
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
- NONE LISTED -
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
Hrg. on Debtor's Motion filed 9/29/20 for redemption under 11 U.S.C. Section 722
EH
Docket 12
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.
Debtor(s):
Naghmeh Zand Represented By
Ethan Kiwhan Chin
11:00 AM
Movant(s):
Naghmeh Zand Represented By
Ethan Kiwhan Chin
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
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 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.
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
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 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.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
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 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.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
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
- NONE LISTED -
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
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 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
Appearances for the 9/22 hearing are excused.
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
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 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
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
************************************************************************************* 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.
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
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
- NONE LISTED -
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
Movant(s):
Prime Lending, LLC Represented By Vida Halavi
10:00 AM
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 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
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.
Debtor(s):
Julie Irene Bergman Represented By Norma Duenas
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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
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.
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
Adv#: 6:20-01043 Frealy v. Young
CONT STATUS CONFERENCE re: Complaint by Todd Frealy against Rick Young for: 1. Avoidance of Preferential Transfers (§547);
Avoidance of Fraudulent Transfers (§548);
Recovery of Property of The Estate (§550); and,
Objection to Scheduled Claim
EH
(Cont. from 9/23/20)
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01031 Khaddour et al v. Slone et al
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 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]:
Mediation shall be completed by January 28, 2021.
Discovery cutoff: February 27, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
"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
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
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
Adv#: 6:20-01031 Khaddour et al v. Slone et al
Hrg. on Motion filed 7/30/20 to Dismiss First Amended Complaint pursuant to 523(a)(2)(A)
EH
Docket 17
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
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
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.
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
Movant(s):
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
Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.
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 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
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.
Debtor(s):
Javier A Garcia Hernandez Represented By
George C Panagiotou
Defendant(s):
Curacao, LTD A California Limited Pro Se
1:30 PM
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
Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al
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 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.
Debtor(s):
Fernando A Sanchez Represented By A Mina Tran
1:30 PM
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
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
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 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.
Debtor(s):
Yun Ho Choi Represented By
Young K Chang
Defendant(s):
Yun Ho Choi Pro Se
1:30 PM
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Adv#: 8:18-01168 Casey v. Steinmann et al
Hearing RE: Motion For Judgment On The Pleadings And Establishing Briefing Schedule
(Set per Order Entered 10-2-2020 - (Dk. 233)
Docket 233
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
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.
Debtor(s):
Andrea Steinmann Downs Pro Se
11:00 AM
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
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
Adv#: 8:18-01168 Casey v. Steinmann et al
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 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
Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
****************************************************************************** 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
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.
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
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 Faye C Rasch Ryan W Beall
11:00 AM
Adv#: 8:18-01168 Casey v. Steinmann et al
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 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
Participants may connect to the videoconference through an Internet browser 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
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 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
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
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 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
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.
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
Adv#: 8:18-01168 Casey v. Steinmann et al
Hearing RE: Defendants' Motion for Judgment On The Pleadings Under Rule 12(c)
(Motion filed 10/14/2020)
Docket 262
- NONE LISTED -
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
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
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
Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
Adv#: 8:18-01168 Casey v. Steinmann et al
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 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
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Andrea Steinmann Downs Pro Se
11:00 AM
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
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
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 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
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.
Debtor(s):
Andrea Steinmann Downs Pro Se
11:00 AM
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion for Entry of an Order Authorizing:
The Sale of Real Property Located at 4361 Pioneer Street, Irvine, California, Free and Clear of Liens and Interests;
Approving Overbid Procedures;
Authorizing Payment of Undisputed Liens, Real Estate Broker's Commission, and Costs of Sale; and
Finding Purchaser is a Good Faith Purchaser; (Motion filed 10/14/2020)
Docket 52
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
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.
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
Adv#: 8:19-01176 Golden v. Caufield et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint for Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And
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
- NONE LISTED -
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
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
11:00 AM
Adv#: 8:20-01118 Marshack v. Discover Financial
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020)
Docket 1
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.
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
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Adv#: 8:20-01119 Marshack v. Kabbage, Inc.
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020)
Docket 1
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.
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
Trustee(s):
Larry D Simons
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Adv#: 8:20-01120 Marshack v. Citicards
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020)
Docket 1
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.
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
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020)
Docket 1
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.
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
Trustee(s):
Larry D Simons
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
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 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.
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
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
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
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 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
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.
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
Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta
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 for 11/4/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: May 6, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 18, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
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
Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta
Hearing RE: Debtor's Second Motion To Dismiss Adversary Proceeding (Motion filed 9/25/2020)
Docket 20
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
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
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.
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
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 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.
Debtor(s):
Andrew Douglas King Represented By
10:00 AM
Movant(s):
Timothy McFarlin
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
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
NONE LISTED -
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
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
Docket 357
NONE LISTED -
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
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 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.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By
11:00 AM
David Wood Matthew Grimshaw Tinho Mang
Annie Y Stoops
M Douglas Flahaut
11:00 AM
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 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.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
11:00 AM
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
Annie Y Stoops
M Douglas Flahaut
11:00 AM
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 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
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
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.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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:
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.
Deadline to object to claims: February 29, 2020.
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
Debtor(s):
Jonathan James Lagman Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones Sara Tidd
11:00 AM
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 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:
Deadline to serve Solicitation Package: 11/13/20
Deadline to vote: 12/2/20
Deadline to file and serve objection to the plan: 12/2/20
Deadline to file ballot summary and confirmation brief: 12/17/20
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
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.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
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 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:
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.
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.
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
Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
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 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
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:
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.
Deadline to object to claims: August 7, 2020.
11:00 AM
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.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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
- NONE LISTED -
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Stephen Jairyun Jung Represented By Jaenam J Coe
11:00 AM
STATUS CONFERENCE RE: Scheduling And Case Management Conference (Petition filed 9/21/2020)
Docket 93
Tentative for 11/5/20:
The Court is inclined to set the following dates and deadlines:
Claims Bar Date: February 5, 2021
Notice of Claims Bar Date: November 30, 2020
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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon
11:00 AM
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 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
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.
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
Michael Simon
11:00 AM
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 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
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.
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
Hearing RE: To Determine If The Bankruptcy Case Should Be Converted To Chapter 7
(Set Per Order Entered 10/15/2020)
Docket 132
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
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
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.
Debtor(s):
Mershad Javan Represented By Todd L Turoci
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
1:00 PM
Adv#: 8:20-01055 Norris et al v. Javan et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:
Avoid And Recover Fraudulent Transfers;
Obtain Declaratory Relief As To Ownership Of Property;
Turnover Of Property;
Authorize Sale Of Real Property; And
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Mershad Javan Represented By Todd L Turoci
1:00 PM
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
Adv#: 8:20-01055 Norris et al v. Javan et al
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 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
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
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.
1:00 PM
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
Steve Norris Derivatively on Behalf Represented By
David Brian Lally
Trustee(s):
Richard A Marshack (TR) Pro Se
1:00 PM
Adv#: 8:20-01085 Norris et al v. Javan
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 for 11/5/20:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 5, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
***************************************************************************** Tentative for 9/30/20:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: November 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 1, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
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
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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 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.
11:00 AM
Debtor(s):
Maria Hazhel Ylagan Cosico Represented By Nathan Fransen Julie Philippi
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
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 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
Trustee to lodge an order within seven (7) days.
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
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 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.
Debtor(s):
Marisol Silva Represented By
Jessica De Anda Leon
11:00 AM
Joint Debtor(s):
Gustavo Silva Represented By
Jessica De Anda Leon
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Juan Gabriel Alvarez Leriget Represented By Patricia A Mireles
11:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
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 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.
Debtor(s):
DAVID LIN Represented By
Michael J Jaurigue Elaine Le
1:30 PM
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
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
Adv#: 6:20-01025 Rose v. Duarte
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 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
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.
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
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 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
rule.
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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
Movant(s):
Prime Lending, LLC Represented By Vida Halavi
1:30 PM
Hrg. on Disclosure Statement EH
Docket 0
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
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
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.
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
Hrg. on Chapter 11 Trustee's application To Employ Setec Investigations As Computer Forensics Specialist and To Pay Compensation
EH
Docket 209
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
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.
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
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 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:
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;
Why the creditors of the entities are being harmed by not consolidating the entities; and
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
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.
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
1:30 PM
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P.
1:30 PM
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 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
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.
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
Adv#: 6:20-01152 Whitmore, Chapter 7 Trustee v. Tyrone aka Jennifer Neifer
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 for 11/18/20:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: March 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 14, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
capabilities.
Participants may connect to the videoconference through an Internet browser 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.
1:30 PM
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
Adv#: 6:20-01139 Mayall v. Entrican
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 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
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.
Debtor(s):
Mason Robert Entrican Represented By Daniel King
1:30 PM
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
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 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
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.
Debtor(s):
Silvia Gallegos Represented By Kevin J Kunde
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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.
Debtor(s):
Samantha Michelle Flores Represented By Barry E Borowitz
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Anna Hwang Represented By
Ji Yoon Kim
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Adv#: 8:20-01015 Petersen v. Romero
Hearing RE: Motion For Reconsideration Pursuant To FRCP 60(b) (Motion filed 11/4/2020)
Docket 32
- NONE LISTED -
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
Adv#: 8:20-01123 Scottsdale Insurance Company v. Castanon
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
- NONE LISTED -
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
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
Adv#: 8:18-01171 Casey v. Downs
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 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.
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
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch
11:00 AM
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
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
- NONE LISTED -
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
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
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
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 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
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:
Discovery cutoff: March 06, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 17, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
********************************************************************************** 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):
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
Faye C Rasch
11:00 AM
Adv#: 8:20-01034 Marshack v. Jaid Appliance
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
- NONE LISTED -
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
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
Adv#: 8:20-01036 Marshack v. Krohn Construction
CONT'D PRE-TRIAL 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 et seq.] And
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
- NONE LISTED -
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
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
Adv#: 8:18-01214 Trinity Equipment Rentals, Inc. v. Lambaren
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
- NONE LISTED -
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
Trustee(s):
Michael J Walsh
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:20-01101 Casey v. Morgan
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
- NONE LISTED -
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
Adv#: 8:19-01080 Marshack v. Kassir
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 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
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
Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
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
Adv#: 8:20-01062 Kosmala v. Ho
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 544 And California Civil Code Section 3439.04(a)(1);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 544 And California Civil Code Section 3439.04(a)(2);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550;
Preserving Transfer Pursuant To 11 U.S.C. Section Section 551;
For Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And
For Turnover Of Property Of The Estate (Complaint filed 4/22/2020)
(PTC set at S/C held 7/15/2020)
Docket 1
- NONE LISTED -
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
Trustee(s):
Reem J Bello
Weneta M Kosmala (TR) Represented By Reem J Bello
11:00 AM
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 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.
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
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 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.
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
Adv#: 8:19-01186 Marshack v. Avenatti et al
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 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.
11:00 AM
Debtor(s):
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
Adv#: 8:20-01048 Rosenbaum v. Olinger et al
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
- NONE LISTED -
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
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
Adv#: 8:20-01027 Hesse v. Engelmann
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 for 11/18/20:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 5, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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.
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
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 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.
Debtor(s):
Damion Michael Pugh Represented By
10:00 AM
Trustee(s):
Jeffrey B Smith
Thomas H Casey (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Gerardo Camacho Alvarez Represented By
10:00 AM
Movant(s):
Anthony B Vigil
VW Credit Inc. Represented By Kirsten Martinez
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Antonio Navarrete Represented By
J.D. Cuzzolina
10:00 AM
Movant(s):
TOYOTA MOTOR CREDIT Represented By Kirsten Martinez
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Candise Nomellini Represented By Christopher J Langley
10:00 AM
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
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 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.
Debtor(s):
Clayton Dellena Calhoun III Represented By Laleh Ensafi
10:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
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 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
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
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 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
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
Adv#: 8:19-01087 TD REO Fund LLC v. Nih
STATUS CONFERENCE Hearing RE: Settlement (Set per Order Entered 4-30-2020 - Docket No. [26])
Docket 1
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Stephen Jairyun Jung Represented By Jaenam J Coe
11:00 AM
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
NONE LISTED -
Debtor(s):
Stephen Jairyun Jung Represented By Jaenam J Coe
11:00 AM
Hearing RE: Debtor's Motion For Voluntary Dismissal Of Chapter 11 Case (Motion filed 10/29/2020)
Docket 18
NONE LISTED -
Debtor(s):
TNP 3745 Pentagon Blvd., LLC Represented By Leonard M Shulman
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 9/25/2020)
Docket 6
NONE LISTED -
Debtor(s):
TNP 3745 Pentagon Blvd., LLC Represented By Leonard M Shulman
11:00 AM
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 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
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.
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
Adv#: 8:19-01172 Cervantes v. Foster
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 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
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.
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
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al
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):
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
Elizabeth A LaRocque
9:30 AM
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
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):
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
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 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
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.
Debtor(s):
Innovation Pet, Inc., a California Represented By
James C Bastian Jr Melissa Davis Lowe
10:00 AM
Trustee(s):
Mark M Sharf (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Innovation Pet, Inc., a California Represented By
James C Bastian Jr Melissa Davis Lowe
10:00 AM
Trustee(s):
Mark M Sharf (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Charline Lewis Represented By Kevin Cortright
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gloria Duran Represented By
Rabin J Pournazarian
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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
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.
Debtor(s):
Paul Douglas Jones Represented By Paul Y Lee
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Christine Elizabeth Bullard Represented By Karen E Lockhart
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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.
Debtor(s):
Sidney Serafini Represented By
11:00 AM
Trustee(s):
Amid Bahadori
Larry D Simons (TR) Represented By
D Edward Hays Laila Masud
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
[Larry Simons, chapter 7 trustee] [Fees; $302.08; Expenses; $31.25]
Docket 22
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.
11:00 AM
Debtor(s):
Santos Rodriguez Represented By James G. Beirne
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
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 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
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.
Debtor(s):
Delta Hospice of California Inc Pro Se
Movant(s):
Todd A. Frealy (TR) Represented By Carmela Pagay
11:00 AM
Trustee(s):
Todd A. Frealy (TR) Represented By Carmela Pagay
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
[Howard Grobstein, Chapter 7 Trustee] [Fees; $1129.00; Expenses; $0]
Docket 25
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.
11:00 AM
Debtor(s):
Virjean K Nance Represented By Solomon A Cheifer
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
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 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.
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
1:30 PM
Trustee(s):
Robert M Yaspan
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
11:00 AM
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 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
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.
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
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 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
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.
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
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 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
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.
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
Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ
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 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
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.
Debtor(s):
MA KAZAZ Represented By
Lotfy Mrich
Defendant(s):
MA KAZAZ Represented By
1:30 PM
Lotfy Mrich
Plaintiff(s):
NextGear Capital Inc Represented By
Tom Roddy Normandin
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:19-01134 Cube v. Haro et al
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
- NONE LISTED -
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
Trustee(s):
Gene Koon
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
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 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
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.
Debtor(s):
John Paul Salvador Pro Se
Defendant(s):
United States Department of Justice Represented By
John D Ellis
1:30 PM
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
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 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
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.
Debtor(s):
Andrea Steinmann Downs Pro Se
Movant(s):
Lora Rae Steinmann Represented By Shannon Gallagher
10:15 AM
D Edward Hays Laila Masud
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
Hearing RE: Status Conference (Set per Order Entered 11/25/2020)
Docket 0
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
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.
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
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint: (1) To Determine The Validity, Priority, And Extent Of Liens;
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 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
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.
11:00 AM
Debtor(s):
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
Adv#: 8:19-01198 Moersch v. Zahedi
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 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
Participants may connect to the videoconference through an Internet browser 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
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
11:00 AM
Adv#: 8:20-01068 Marshack v. Silver Star Sounds & Communications, Inc
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 for 12/2/20:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: April 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
***************************************************************************** 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.
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
Adv#: 8:20-01035 Marshack v. American Express et al
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
- NONE LISTED -
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
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
Adv#: 8:20-01031 Marshack v. Sotiris, LLC
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 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
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.
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
Adv#: 8:20-01031 Marshack v. Sotiris, LLC
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Sotiris, LLC
(Motion filed 11/6/2020)
Docket 16
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.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Sotiris, LLC Pro Se
11:00 AM
Movant(s):
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
Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];
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;
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 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
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.
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
11:00 AM
Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Exclusive Fitness, LLC
(Motion filed 11/6/2020)
Docket 18
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.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Exclusive Fitness, LLC Pro Se
11:00 AM
Movant(s):
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
Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Sotiris, LLC
(Motion filed 11/6/2020)
Docket 16
- NONE LISTED -
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
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello
11:00 AM
Adv#: 8:20-01033 Marshack v. 27 Diamonds
CONT'D PRE-TRIAL 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 et seq.] And;
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
- NONE LISTED -
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
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
10:00 AM
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
- NONE LISTED -
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
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 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
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.
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
Adv#: 8:16-01229 Ruiz et al v. Favreau
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 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
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.
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
Garrick A Hollander
Theresa-Keane Ruiz Represented By John W Lucas James Stang
Garrick A Hollander
11:00 AM
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
- NONE LISTED -
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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.
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
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 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
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
Adv#: 8:20-01127 Tiara Townhomes, LLC v. Jiang
STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Actual and Constructive Fraudulent Transfers
(Complaint filed 9/4/2020)
Docket 1
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.
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
Adv#: 8:20-01128 Tiara Townhomes, LLC v. Everwin Investment, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Actual & Constructive Fraudulent Transfers
(Complaint filed 9/4/2020)
Docket 1
Tentative for 12/3/20:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: June 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 20, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
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.
Debtor(s):
Rockport Development, Inc. Represented By
11:00 AM
Matthew Grimshaw David Wood
Defendant(s):
Everwin Investment, Inc. Pro Se
Plaintiff(s):
Tiara Townhomes, LLC Represented By David Wood
Matthew Grimshaw
11:00 AM
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 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
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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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
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
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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
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 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
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
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 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
Movant to lodge an order within seven (7) days.
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
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 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
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
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 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
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
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 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
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
Hearing RE: Debtor's Motion For Voluntary Dismissal Of Chapter 11 Case (Motion filed 10/29/2020)
FR: 11-19-20
Docket 18
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
audio of the 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.
Debtor(s):
TNP 3745 Pentagon Blvd., LLC Represented By Leonard M Shulman
11:00 AM
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 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
or join the videoconference through an Internet browser for any reason, the audio of the 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.
Debtor(s):
TNP 3745 Pentagon Blvd., LLC Represented By Leonard M Shulman
1:30 PM
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 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
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.
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
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 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
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.
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
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 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
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.
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
CONT'D STATUS CONFERENCE Hearing on Subchapter V case (Petition filed 7/7/2020)
FR: 8-20-20; 10-8-20
Docket 9
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
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.
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Trustee(s):
Mark M Sharf (TR) Pro Se
1:30 PM
10:00 AM
Adv#: 8:17-01235 Hausman Holdings, LLC et al
Hearing RE: Order For Judgment Debtor Andrea S. Downs To Appear For Examination
(Set per Order Entered 10/27/2020)
Docket 79
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
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.
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
Faye C Rasch Ryan W Beall
10:00 AM
Adv#: 8:17-01235 Hausman Holdings, LLC et al
Hearing RE: Order For Third Person Brian Chase To Appear For Examination (Set per Order Entered 10/27/2020)
Docket 82
- NONE LISTED -
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
9:30 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
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):
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
Ryan W Beall Reem J Bello
10:00 AM
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
- NONE LISTED -
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
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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.
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
Hrg. on Debtor's Motion filed 11/09/2020 to Reconsider Debtors' Motion to Reopen under Bankruptcy Rule Section 9024
EH
Docket 20
- NONE LISTED -
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
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 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.
Debtor(s):
Matthew A Krechmery Represented By Terrence Fantauzzi
11:00 AM
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
Hrg. on trustee's final report; applications for compensation EH
[Lynda Bui, chapter 7 trustee] [Fees; $1183.67]
Docket 29
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
Debtor(s):
San Juanita Rodriguez Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
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 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
Debtor(s):
Donald Meredith Dible Represented By Stephen H Darrow
Trustee(s):
Larry D Simons (TR) Represented By Anthony A Friedman
11:00 AM
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 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
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.
Debtor(s):
LaTronia Chantanise Gipson Represented By Nicholas M Wajda
11:00 AM
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
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 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
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
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.
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
Hrg. on trustee's final report; applications for compensation
[Lynda Bui, chapter 7 trustee] [Fees; $1323.72]
EH
Docket 29
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
Debtor(s):
Genaro Rodriguez Represented By James G. Beirne
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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 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
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.
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
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
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
- NONE LISTED -
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
Raymond B Kim
1:30 PM
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
- NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
Lawrence R Fieselman
1:30 PM
CONT Hrg. on Post Confirmation Status Conference EH
(From 9/29/20)
Docket 0
- NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
Lawrence R Fieselman
1:30 PM
CONT Hrg. on Chapter 11 Status Conference EH
From: 9/29/20, 10/20/20
Docket 0
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
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 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
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.
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
Trustee(s):
Caroline Renee Djang Pro Se
1:30 PM
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 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
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.
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
CONT Hrg. on Subchapter V Status Conference From 8/18/20
Docket 0
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
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.
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
Trustee(s):
Caroline Renee Djang Pro Se
1:30 PM
Hrg. on Confirmation of Chapter 11 Plan EH
Docket 0
- NONE LISTED -
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
Trustee(s):
Caroline Renee Djang Pro Se
1:30 PM
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 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.
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
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 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.
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
Adv#: 6:18-01065 Fawzy v. Garcia
Hearing After Remand
Docket 0
- NONE LISTED -
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
Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang
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
- NONE LISTED -
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
Adv#: 6:19-01110 Redd v. Hilton, Jr.
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
- NONE LISTED -
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
Adv#: 6:20-01152 Whitmore, Chapter 7 Trustee v. Tyrone aka Jennifer Neifer
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
- NONE LISTED -
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
Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.
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
- NONE LISTED -
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
Trustee(s):
George C Panagiotou Stephan A Hoover
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.
Hrg. on Order to Appear and Show Cause why the adversary proceeding should not be dismissed for lack of prosecution
EH
Docket 0
- NONE LISTED -
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
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Adv#: 8:20-01138 Golden v. McKenna et al
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Post-Petition Transfer Pursuant To 11 U.S.C. Section 549(a);
Recovery Of Avoided Transfer Under 11 U.S.C. Section 550;
Preservation Of Transfer For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551;
Revocation Of Trust;
Declaratory Relief; And
Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542 (Complaint filed 9/25/2020)
Docket 1
- NONE LISTED -
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
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
Adv#: 8:17-01044 Samuels et al v. Mehrtash
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
- NONE LISTED -
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
Trustee(s):
Jeffrey I Golden (TR) Represented By Reem J Bello
11:00 AM
Adv#: 8:18-01171 Casey v. Downs
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
- NONE LISTED -
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
Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
Adv#: 8:18-01171 Casey v. Downs
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
- NONE LISTED -
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
Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
Adv#: 8:19-01050 Marshack v. West Coast Business Capital LLC,
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B)
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;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
Declaratory Relief; And
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
- NONE LISTED -
11:00 AM
Debtor(s):
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
Adv#: 8:18-01212 Saab et al v. Conkey
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
- NONE LISTED -
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
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:19-01013 Lopez et al v. Morgan
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
- NONE LISTED -
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
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
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 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.
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
Trustee(s):
Erick Kuylman
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
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 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.
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
Trustee(s):
Erick Kuylman
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
Adv#: 8:20-01015 Petersen v. Romero
CONT'D Hearing RE: Motion For Reconsideration Pursuant To FRCP 60(b) (Motion filed 11/4/2020)
FR: 11-18-20
Docket 32
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
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.
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
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 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.
11:00 AM
Debtor(s):
Lina Ghaleb Abdelrahim Represented By Brian J Soo-Hoo
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
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 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.
11:00 AM
Debtor(s):
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
2:00 PM
Hrg. on Motion for Turnover of Property as against Robert M. Yaspan and Law Offices of Robert M. Yaspan
EH
Docket 317
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.
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
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 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
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.
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
Faye C Rasch Ryan W Beall
10:00 AM
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
- NONE LISTED -
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey
10:00 AM
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
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
Debtor(s):
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
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 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
Movant to lodge an order within seven (7) days.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
Movant(s):
Ally Financial Represented By Greg P Campbell
11:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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.
Debtor(s):
Luxent Inc. Represented By
Todd C. Ringstad Brian R Nelson Richard C Donahoo
11:00 AM
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 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:
Claims Bar Date: 8/15/20
Deadline for filing Claim Objections: 12/31/20
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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
Adv#: 8:20-01139 Kiladjian v. Kiladjian
STATUS CONFERENCE Hearing RE: Complaint For Declaratory Judgment And Nondischargeability Of Debt
(Complaint filed 9/28/2020)
Docket 1
- NONE LISTED -
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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:
Deadline to file Plan and D.S. - October 8, 2020
Deadline to serve Plan and D.S. - September 15, 2020
Proof of Claims Deadline - November 15, 2020
11:00 AM
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
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.
Debtor(s):
TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman
11:00 AM
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 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
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):
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
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 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
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.
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
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;
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 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
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
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):
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
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 Corey R Weber
TD Opportunity Fund, LLC Represented By Michael W Davis Corey R Weber
11:00 AM
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 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
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
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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 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
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
11:00 AM
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 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
Debtor(s):
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
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 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:
On Pg. 11, the application appears to contain duplicative narrative summaries for the section entitled "13. Category 120 'Data Analysis.'"
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.'"
The time entries located at Exhibit A are too small for the Court to review.
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.
11:00 AM
Debtor(s):
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
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
- NONE LISTED -
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
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the 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.
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
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker
11:00 AM
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 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
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.
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
Adv#: 8:18-01171 Casey v. Downs
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):
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
Ryan W Beall
10:00 AM
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
Debtor(s):
Innovation Pet, Inc., a California Represented By
James C Bastian Jr Melissa Davis Lowe
Trustee(s):
Mark M Sharf (TR) Pro Se