10:00 AM

6:20-17530


Ruby Ramirez


Chapter 7


#1.00


Hrg. on Approval of Reaffirmation Agreement filed 12/11/20 Between Debtor and Toyota Motor Credit Corporation, in the amount of $12,321.83


Re: 2015 Toyota Sequoia


Docket 8


Tentative Ruling:

Tentative for 1/5/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603851775 Meeting ID: 160 385 1775

Password: 179358


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Ruby Ramirez


Chapter 7

Meeting ID: 160 385 1775

Password: 179358


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Ruby Ramirez Represented By Daniel King

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:19-21098


Charles Slone and Lynn Slone


Chapter 7


#2.00


Barrett Daffin Frappier Treder & Weiss LLP - movant attorney Motion for Relief from Stay

Midfirst Bank vs. DEBTORS (Motion filed 11/24/20)


Re: 364 Greentree Rd., Upland CA 91786 EH            

Docket 38

*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF MOTION FILED 12/8/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Slone Represented By Michael J Hemming

Joint Debtor(s):

Lynn Slone Represented By

Michael J Hemming

Movant(s):

Midfirst Bank Represented By

Darlene C Vigil

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-17167


John Lynn Wright, Jr.


Chapter 7


#3.00


Marjorie Johnson - movant attorney Motion for Relief from Stay

Capital One Auto Finance vs. DEBTOR (Motion filed 12/9/20)


Re: 2009 Mercury Manner Hybrid Sport Utility 4D EH            

Docket 9


Tentative Ruling:

Tentative for 1/5/21:


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: 160 385 1775


Password: 179358

10:00 AM

CONT...


John Lynn Wright, Jr.


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

John Lynn Wright Jr. Represented By James P Doan

Movant(s):

Capital One Auto Finance, a division Represented By

Marjorie M Johnson

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-17719


Annette Jones


Chapter 7


#4.00


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

Americredit Financial Services, Inc. vs. DEBTOR, Charles Daff, trustee (Motion filed 12/9/20)


Re: 2015 Chevrolet Malibu, VIN: 1G11F5SL5FF229330 EH            

Docket 9


Tentative Ruling:

Tentative for 1/5/21:


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: 160 385 1775


Password: 179358

10:00 AM

CONT...


Annette Jones


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Annette Jones Represented By Yelena Gurevich

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Trustee(s):

Charles W Daff (TR) Pro Se

10:00 AM

6:20-17198


Pedro Moreno and Soledad Andrade Perez


Chapter 7


#5.00


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

Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 11/24/20)


Re: 2012 Toyota Scion XD EH            

Docket 10


Tentative Ruling:

Tentative for 1/5/21:


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: 160 385 1775


Password: 179358

10:00 AM

CONT...


Pedro Moreno and Soledad Andrade Perez


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


Party Information

Debtor(s):

Pedro Moreno Represented By Luis Aguilar

Joint Debtor(s):

Soledad Andrade Perez Represented By Luis Aguilar

Movant(s):

TOYOTA MOTOR CREDIT Represented By Kirsten Martinez

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-17245


Facundo Rodriguez Morales


Chapter 7


#6.00


Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay

First Tech Federal Credit Union vs. DEBTOR (Motion filed 11/17/20)


Re: 2019 Toyota Highlander; VIN# 5TDZZRFHXKS359810 EH            

Docket 9


Tentative Ruling:

Tentative for 1/5/21:


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: 160 385 1775


Password: 179358

10:00 AM

CONT...


Facundo Rodriguez Morales


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Facundo Rodriguez Morales Represented By

George C Panagiotou

Movant(s):

First Tech Federal Credit Union Represented By Arnold L Graff

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:18-14917


Hao Wang


Chapter 7


#7.00


Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP - movant attorney Motion for Relief from stay

The Community Association at Cornerstone vs DEBTOR (Motion filed 12/15/20)


Re: 8478 Bullhead Court, Rancho Cucamonga, CA 91739 EH            

Docket 127


Tentative Ruling:

Tentative for 1/5/21:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver. The requested extraordinary relief is denied as Movant has not submitted any facts demonstrating that such relief is waranted.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further 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: 160 385 1775


Password: 179358

10:00 AM

CONT...


Hao Wang


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Hao Wang Represented By

Sam X J Wu

Movant(s):

The Community Association at Represented By Elsa M Horowitz

Trustee(s):

Arturo Cisneros (TR) Represented By Thomas H Casey

11:00 AM

6:19-19587


Charles D. Showalter


Chapter 7


#8.00


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

[Karl T. Anderson, chapter 7 trustee] [Fees; $456.58; Expenses; $60.87]


Docket 32


Tentative Ruling:

Tentative for 1/5/21 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: 160 524 0757


Password: 672185


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Charles D. Showalter


Chapter 7

Charles D. Showalter Represented By Gregory Ashcraft

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-14050


Raul A Morales


Chapter 7


#9.00


Hrg. on Objections filed 11/25/20 to Debtor's Claim of Exemptions EH            

Docket 34


Tentative Ruling:

Tentative for 1/5/21 is to DENY.


A nondebtor spouse may not assert any exemption that is inconsistent with the exemptions asserted by the debtor. In re Homan, 112 B.R. 356, 359 (B.A.P. 9th Cir. 1989).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605240757 Meeting ID: 160 524 0757

Password: 672185


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Raul A Morales


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 524 0757

Password: 672185


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Raul A Morales Pro Se

Trustee(s):

Charles W Daff (TR) Represented By

D Edward Hays Tinho Mang

11:00 AM

6:19-18388


Salvador Garcia Duran and Hilda Evelia Garcia


Chapter 7


#10.00


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


[Howard Grobstein, chapter 7 trustee] [Fees; $475.00; Expenses; $0]


Docket 39


Tentative Ruling:

Tentative for 1/5/21 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: 160 524 0757


Password: 672185


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Salvador Garcia Duran Represented By Edgar P Lombera

11:00 AM

CONT...


Salvador Garcia Duran and Hilda Evelia Garcia


Chapter 7

Joint Debtor(s):

Hilda Evelia Garcia Represented By Edgar P Lombera

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:19-16256


Rebecca Lopez Vasquez


Chapter 7


#11.00


Hrg. on Trustee's Final Report; applications for compensation EH     

[Todd Frealy, chapter 7 trustee] [Fees; $1104.84; Expenses; $254.10]


Docket 62


Tentative Ruling:

Tentative for 1/5/21 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: 160 524 0757


Password: 672185


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Rebecca Lopez Vasquez


Chapter 7

Rebecca Lopez Vasquez Represented By Leonard J Cravens

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-13340


Douglas Keener


Chapter 7


#12.00


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

[Larry D. Simons, chapter 7 trustee] [Fees; $1477.50; Expenses; $103.15]


Docket 23


Tentative Ruling:

Tentative for 1/5/21 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: 160 524 0757


Password: 672185


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Douglas Keener


Chapter 7

Douglas Keener Represented By

Tina Abdolhosseini

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:19-12767


Laura Anne Dewell


Chapter 7


#13.00


Hrg. on Trustee's Final Report and applications for compensation EH            

[Howard Grobstein, chapter 7 trustee] [Fees; $2350.00; Expenses; $1000.00]


[Zamora & Hoffmeier, attorneys for chapter 7 trustee] [Fees; $7095.00; Expenses; $666.52]


Docket 36


Tentative Ruling:

Tentative for 1/5/21 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: 160 524 0757


Password: 672185


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


Laura Anne Dewell


Party Information


Chapter 7

Laura Anne Dewell Represented By William J Howell

Trustee(s):

Howard B Grobstein (TR) Represented By Nancy H Zamora Anthony N Zamora

11:00 AM

6:20-16132


MILES D. THOMPSON


Chapter 7


#14.00


Hrg. on United States Trustee's Motion filed 12/14/20 for extension of time to file a complaint objecting to discharge & extension of time to dismiss case


EH            


Docket 25


Tentative Ruling:

Tentative for 1/5/21 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: 160 524 0757


Password: 672185


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

MILES D. THOMPSON Represented By Jeffrey T Gwynn

11:00 AM

CONT...

Trustee(s):


MILES D. THOMPSON


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-12854


Stephen C Haslacker and Evangeline Domingo Gaston


Chapter 7


#15.00


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

[Howard Grobstein, chapter 7 trustee] [Fees; $1710.00; Expenses; 0]


Docket 36


Tentative Ruling:

Tentative for 1/5/21 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: 160 524 0757


Password: 672185


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Stephen C Haslacker and Evangeline Domingo Gaston


Chapter 7

Stephen C Haslacker Represented By Summer M Shaw

Joint Debtor(s):

Evangeline Domingo Gaston Represented By Summer M Shaw

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-13807


MA KAZAZ


Chapter 7

Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ


#16.00


Hrg. on Plaintiff's Motion for Reconsideration of Order Dismissing Adversary Proceeding


EH        


Docket 11

*** VACATED *** REASON: ORDER ENTERED 12/23/20 VACATING MATTER AND SETTING STATUS CONFERENCE FOR 3/9/21 @ 1:30

P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

MA KAZAZ Represented By

Lotfy Mrich

Defendant(s):

MA KAZAZ Represented By

Lotfy Mrich

Plaintiff(s):

NextGear Capital Inc Represented By

Tom Roddy Normandin

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#17.00


Hrg. on Adequacy of Debtor's Disclosure Statement Describing Chapter 11 Plan of Reorganization


EH            


Docket 0


Tentative Ruling:

Tentative for 1/5/21 is to APPROVE, provided that Debtor can provide the Court with an adequate explanation of the feasibility of the plan.


"[W]here a plan is on its face nonconfirmable, as a matter of law, it is appropriate for the court to deny approval of the disclosure statement describing the nonconfirmable plan." In re Silberkraus, 253 B.R. 890, 899 (Bankr.C.D.Cal.2000).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1618963493 Meeting ID: 161 896 3493

Password: 975142

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

1:30 PM

CONT...

Ronald Ward Komers

Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 896 3493


Password: 975142


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#18.00 Application for Compensation for Attorneys' Fee of Scott Krochmalny and Steven Casselberry for Pacific Premier Bank,Period: 8/13/2019 to 11/19/2020, Fee:

$23,940.00, Expenses: $256.60 EH        

Docket 391


Tentative Ruling:

Tentative for 1/5/21 is to GRANT, as modified by Debtor's Response filed December 12, 2020 [Dk. 394].


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further 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: 161 896 3493


Password: 975142


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By

1:30 PM

CONT...


O'Linn Security Incorporated


Steven R Fox

W. Sloan Youkstetter Everett L Green


Chapter 11

10:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#1.00


CONT'D 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]


FR: 12-3-2020


Docket 22

*** VACATED *** REASON: CONTINUED TO MARCH 24, 2021 AT 10:00 A.M. PER ORDER ENTERED 12-28-2020 - (DOCKET NO. [52])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Movant(s):

Jonathan Lam Represented By Brent D Meyer

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello

10:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#2.00


Hearing RE: Objection To Debtors' Claim Of Exemptions (Motion filed 11/20/2020)

(Set per Order Entered 11/20/2020)


Docket 29

*** VACATED *** REASON: CONTINUED TO MARCH 24, 2021 AT 10:00 A.M. PER ORDER ENTERED 12-28-2020 - (DOCKET NO. [52])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

10:00 AM

8:20-12696


Robert Louis Godley and Stacy Ann Godley


Chapter 7


#3.00


Motion for relief from stay [Personal Property]


SchoolsFirst Federal Credit Union vs. DEBTORS (Motion filed 12/9/2020)


[RE: 2012 GMC Yukon XL1500 - VIN No.: 1GKS1MEF6CR16280]


Docket 14


Tentative Ruling:

Tentative for 1/6/21 is to CONTINUE to February 3, 2021, at 10:00 a.m., pursuant to the Status Report filed 1/5/21 [Dk. 18]. A status report is due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Robert Louis Godley Represented By Robert P Taylor

Joint Debtor(s):

Stacy Ann Godley Represented By Robert P Taylor

Movant(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

10:00 AM

CONT...

Trustee(s):


Robert Louis Godley and Stacy Ann Godley


Chapter 7

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:18-10019


Fuzion Meet Eat Play, LLC


Chapter 7


#4.00


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

(Trustee's Final Report filed 12/3/2020)


[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $6,500.00; Expenses: $242.20]


[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $2,508.00; Expenses: $355.70]


Docket 85


Tentative Ruling:

Tentative for 1/6/21 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: 161 554 0199


Password: 719379


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


Fuzion Meet Eat Play, LLC

Party Information


Chapter 7

Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#5.00


Hearing RE: Emergency Motion For Extension Of Time To File Notice Of Appeal Pursuant To Federal Rules Of Bankruptcy Procedure Rule 8002(d)

(OST Denied 12/9/2020)

(Set per hearing per OST Order Entered 12/9/2020)


Docket 173


Tentative Ruling:

Tentative for 1/6/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615540199 Meeting ID: 161 554 0199

Password: 719379


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 554 0199

11:00 AM

CONT...


Mershad Javan


Chapter 7


Password: 719379


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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) Represented By

D Edward Hays

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#6.00


Hearing RE: Motion For A Stay Pending Appeal Of The Conversion Order [Docket No. 144]

(Motion filed 12/15/2020)


Docket 192


Tentative Ruling:

Tentative for 1/6/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615540199 Meeting ID: 161 554 0199

Password: 719379


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 554 0199

11:00 AM

CONT...


Mershad Javan


Chapter 7

Password: 719379


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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) Represented By

D Edward Hays

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01048 Marshack v. Queen Funding LLC


#7.00


CONT'D Hearing RE: Motion To Strike Defendants Answer To The Complaint And For Entry Of Default

(Motion filed 8/11/2020) FR: 9-30-20; 11-18-20

Docket 58

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION TO STRIKE, SETTING SCHEDULING DATES AND DEADLINES, AND VACATING HEARINGS ENTERED DECEMBER 28, 2020 - (DOCKET NO. [79])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Queen Funding LLC Represented By Gene W Rosen

Movant(s):

Richard A. Marshack Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall Faye C Rasch

1:30 PM

CONT...


Luminance Recovery Center, LLC


Chapter 7

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 Robert S Marticello

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01048 Marshack v. Queen Funding LLC


#8.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For: Avoidance Of Preferential Transfers; Avoidance Of Fraudulent Transfers; Recovery Of Property; Preservation Of Avoided Transfers; Disallowance Of Claims; Turnover; Fraud; Equitable Subordination; Declaratory Relief; and Usury (Complaint filed 3/20/19)

(Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)

(PTC converted to S/C per Order Entered 6-24-2020 (docket no. [24])


FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 5-27-20; 7-1-20 at 10:00

a.m.; 7-1-20; 9-2-20; 9-30-20; 11-28-20


Docket 31

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION TO STRIKE, SETTING SCHEDULING DATES AND DEADLINES, AND VACATING HEARING ENTERED 12-28-2020 - PRE- TRIAL CONFERENCE SET FOR JUNE 30, 2021 AT 1:30 P.M. - (DOCKET NO. [79]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Queen Funding LLC Represented By Gene W Rosen

1:30 PM

CONT...


Luminance Recovery Center, LLC


Chapter 7

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 Robert S Marticello

1:30 PM

8:19-10153


Thomas Joseph Lynch, JR


Chapter 7

Adv#: 8:19-01069 OC West, LLC et al v. Lynch


#9.00


Hearing RE: Motion In Limine For Sanctions Pursuant To Rule 37 For Defendant's Failure To Provide Testimony Or Produce Documents During The Discovery Period

(Motion filed 12/8/2020)


Docket 118


Tentative Ruling:

Tentative for 1/6/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1611543838 Meeting ID: 161 154 3838

Password: 642225


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Thomas Joseph Lynch, JR


Chapter 7


Meeting ID: 161 154 3838

Password: 642225


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Thomas Joseph Lynch JR Pro Se

Defendant(s):

Thomas Joseph Lynch Pro Se

Movant(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

Plaintiff(s):

OC West, LLC Represented By

1:30 PM

CONT...


Thomas Joseph Lynch, JR


Donald W Reid


Chapter 7

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

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01146 Marshack v. Davis


#10.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/20/2020)


Docket 1


Tentative Ruling:

Tentative for 1/6/21:


An affirmative defense has been presented by the Defendant, claiming that the first bankruptcy case, and its dismissal, somehow affects the Trustee's rights to pursue fraudulent transfer avoidance actions in this second

case. The Court would like to discuss the issues with the parties during the hearing, and therefore the Defendant should be prepared to articulate his theory more completely.


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


  1. Discovery cutoff: July 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: August 27, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: September 29, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1611543838 Meeting ID: 161 154 3838

Password: 642225

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 154 3838

Password: 642225


For further details, please consult the 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,

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Andrew S. Davis Represented By Christopher L Blank

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01147 Marshack v. Cascade Capital Group, LLC


#11.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/20/2020)


Docket 1


Tentative Ruling:

Tentative for 1/6/21 is to CONTINUE to March 3, 2021, at 1:30 p.m. A status report, whether unilateral or joint, is due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Cascade Capital Group, LLC 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

1:30 PM

CONT...


Eagan Avenatti, LLP


Meghan C Murphey


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01148 Marshack v. Protech Security & Electronics, Inc.


#12.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/20/2020)


Docket 1

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF DISMISSAL OF ADVERSARY PROCEEDING PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 7041 AND FRCP 41(a)(1)(A)(i) FILED 11-12-2020 - (DOCKET NO. [5])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Protech Security & Electronics, Inc. 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

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01149 Marshack v. Osborn


#13.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/20/2020)


Docket 1


Tentative Ruling:

Tentative for 1/6/21 is to CONTINUE to March 3, 2021 at 1:30 p.m. to be heard concurrently with the Motion to Dismiss filed December 28. 2020 [Dk. 7]. A joint status report will be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Simeon Osborn Represented By Aaron J Malo

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

1:30 PM

CONT...


Eagan Avenatti, LLP


Judith E Marshack John P. Reitman Meghan C Murphey


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01150 Marshack v. Honda Aircraft Company LLC


#14.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/20/2020)


Docket 1


Tentative Ruling:

Tentative for 1/6/21 is to CONTINUE to March 3, 2021, at 1:30 p.m. A status report, whether unilateral or joint, is due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Honda Aircraft Company LLC Represented By Brian A Paino

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

1:30 PM

CONT...


Eagan Avenatti, LLP


John P. Reitman Meghan C Murphey


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#15.00


CONT'D Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20


Docket 219


Tentative Ruling:

Tentative for 1/6/21 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*************************************************************************** Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


****************************************************************************** Tentative for 11/18/20:


In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


The 11/18 hearing is hereby vacated; appearances will not be permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By

1:30 PM

CONT...


Movant(s):


Eagan Avenatti, LLP


Jack A. Reitman


Chapter 7

Hrayr Shahinian Represented By Erick Kuylman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#16.00


CONT'D Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-cv-08313- JAK-JPR

(Motion filed 10/16/2020) FR: 11-18-20; 12-16-20

Docket 212


Tentative Ruling:

Tentative for 1/6/21 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*************************************************************************** Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

******************************************************************************* Tentative for 11/18/20:


In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


The 11/18 hearing is hereby vacated; appearances will not be permitted.

Party Information

1:30 PM

CONT...

Debtor(s):


Eagan Avenatti, LLP


Chapter 7

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

1:30 PM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#17.00


Hearing RE: Motion To Extend Discovery And Dispositive Motion Cut Off (Motion filed 12/1/2020)


Docket 37

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION TO EXTEND DEADLINES AND VACATING HEARING ENTERED 12/28/2020 [dkt #44]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran

Defendant(s):

Alisandro Romero Represented By Thomas J Polis

Movant(s):

Michael Petersen Pro Se

Plaintiff(s):

Michael Petersen Pro Se

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

10:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 7

Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Conversion;

  2. Breach Of Contract;

  3. Recovery Of Bailed Property

    [Civil Code Sections 3379-3380; Code Civ. Proc Section 667]

  4. Breach Of Fiduciary Duty;

  5. Unfair And Unlawful Business Practices [Bus. and Prof. Code Section 17200 et seq.] (Notice of Removal filed 8/26/2020)


    FR: 10-22-20


    Docket 1


    Tentative Ruling:

    Tentative for 1/7/21:


    Parties should appear and be prepared to address why this adversary proceeding should remain in this Court, especially in light of the recent conversion of the bankruptcy case 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/1603732042

    10:00 AM

    CONT...


    Vasken K Kiladjian


    Chapter 7

    Meeting ID: 160 373 2042

    Password: 333774

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 373 2042

    Password: 333774


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Vasken K Kiladjian Represented By Kelly H. Zinser

    Defendant(s):

    Beth Kiladjian Represented By Robert P Goe

    10:00 AM

    CONT...


    Vasken K Kiladjian


    Chapter 7

    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) Represented By Arturo M Cisneros

    10:00 AM

    8:20-11939


    Vasken K Kiladjian


    Chapter 7

    Adv#: 8:20-01139 Kiladjian v. Kiladjian


    #2.00


    Hearing RE: Motion To Dismiss Complaint Under Federal Rules Of Civil Procedure 12(b)(3) And (b)(6)

    (Motion filed 11/27/2020)


    Docket 8


    Tentative Ruling:

    Tentative for 1/7/21:


    The Court is inclined to stay this adversary proceeding until such time that the pending Dissolution Proceeding has been resolved, and set a continued status conference date for June 30, 2021, at 1:30 p.m. A status report which details the status of the Dissolution Proceeding shall be required by not later than 14 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/1603732042 Meeting ID: 160 373 2042

    Password: 333774


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

    10:00 AM

    CONT...


    Vasken K Kiladjian


    Chapter 7

    audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 373 2042

    Password: 333774


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


    Party Information

    Debtor(s):

    Vasken K Kiladjian Represented By Kelly H. Zinser

    Defendant(s):

    Vasken K Kiladjian Represented By Kelly H. Zinser

    Movant(s):

    Vasken K Kiladjian Represented By Kelly H. Zinser

    10:00 AM

    CONT...


    Vasken K Kiladjian


    Chapter 7

    Plaintiff(s):

    Beth Kiladjian Represented By Robert P Goe Charity J Manee

    Trustee(s):

    Mark M Sharf (TR) Represented By Arturo M Cisneros

    10:00 AM

    8:20-11939


    Vasken K Kiladjian


    Chapter 7

    Adv#: 8:20-01139 Kiladjian v. Kiladjian


    #3.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Judgment And Nondischargeability Of Debt

    (Complaint filed 9/28/2020) FR: 12-17-20

    Docket 1


    Tentative Ruling:

    Tentative for 1/7/21:


    The Court is inclined to stay this adversary proceeding until such time that the pending Dissolution Proceeding has been resolved, and set a continued status conference date for June 30, 2021, at 1:30 p.m. A status report which details the status of the Dissolution Proceeding shall be required by not later than 14 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/1603732042 Meeting ID: 160 373 2042

    Password: 333774

    10:00 AM

    CONT...


    Vasken K Kiladjian


    Chapter 7

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 373 2042

    Password: 333774


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    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

    10:00 AM

    CONT...


    Trustee(s):


    Vasken K Kiladjian


    Charity J Manee


    Chapter 7

    Mark M Sharf (TR) Represented By Arturo M Cisneros

    10:00 AM

    8:20-12636


    Golden Hotel LLC


    Chapter 11


    #4.00


    CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

    (Petition filed 9/21/2020) FR: 11-5-20

    Docket 93


    Tentative Ruling:

    Tentative for 1/7/21:


    The Court is inclined to set a continued status conference for March 11, 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/1603732042 Meeting ID: 160 373 2042

    Password: 333774


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    10:00 AM

    CONT...


    Golden Hotel LLC


    Chapter 11


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 373 2042

    Password: 333774


    For further details, please consult the 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 11/5/20:


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


    1. Claims Bar Date: February 5, 2021


    2. Notice of Claims Bar Date: November 30, 2020


    3. Deadline to file Plan and Disclosure Statement: December 21, 2020 (statutory deadline)


Virtual appearances are required.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

10:00 AM

CONT...


Golden Hotel LLC


Lei Lei Wang Ekvall Michael Simon


Chapter 11

10:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#5.00


CONT'D Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral And Turnover Of Estate Property

(Motion filed 9/22/2020)


FR: 9-23-20; 10-22-20; 11-5-20


Docket 15


Tentative Ruling:

Tentative for 1/7/21.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603732042 Meeting ID: 160 373 2042

Password: 333774


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 160 373 2042

Password: 333774


For further details, please consult the 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 11/5/20:


Virtual appearances are required.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

11:00 AM

8:16-12463


Marzieh Bagheri-Tari


Chapter 11


#6.00


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

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

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


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

2-22-18; 5-3-18; 9-13-18; 9-20-18; 1-24-19; 3-7-19; 8-15-19; 1-23-20; 5-28-20;

9-3-20


Docket 10


Tentative Ruling:

Tentative for 1/7/21 is to CONTINUE to May 6, 2021, at 11:00 a.m. A status report is due 14 days in advance.


The 1/7 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Marzieh Bagheri-Tari Represented By

Yeznik O Kazandjian

11:00 AM

8:17-12010


TD REO Fund LLC


Chapter 11

Adv#: 8:19-01090 TD REO Fund LLC v. Will


#7.00


STATUS CONFERENCE Hearing RE: Settlement (Set per Order Entered 4-30-2020 - Docket no. [31])


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING PURSUANT TO A COURT-APPROVED SETTLEMENT AGREEMENT ENTERED 6-1-2020 - (DOCKET NO. [35])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

TD REO Fund LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy

Defendant(s):

Michael J. Will Represented By Donald W Reid

Plaintiff(s):

TD REO Fund LLC Represented By Michael W Davis Jorge A Gaitan Corey R Weber

11:00 AM

8:17-12753


David Vincent Ross and Cheri LeAnn Ross


Chapter 11


#8.00


Hearing RE: Motion To Reopen Chapter 11 Case (Motion filed 11/11/2020)

(Set per Notice of hearing filed 12/8/2020)


Docket 241


Tentative Ruling:

Tentative for 1/7/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1610516231 Meeting ID: 161 051 6231

Password: 974586


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 051 6231

11:00 AM

CONT...


David Vincent Ross and Cheri LeAnn Ross


Chapter 11

Password: 974586


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

David Vincent Ross Represented By Michael Jones Sara Tidd

Joint Debtor(s):

Cheri LeAnn Ross Represented By Michael Jones Sara Tidd

Movant(s):

CIT Bank, N.A. Represented By

Diana Torres-Brito

11:00 AM

8:17-14386


Rodney Glen Bassett


Chapter 11


#9.00


CONT'D Hearing RE: Post-Confirmation Status Conference (Petition filed 11/6/2017)

[Case transferred from CB on 7/31/2020]


FR: 11-14-17; 1-24-18; 4-25-18; 7-25-18; 9-26-18; 12-12-18; 4-24-19; 10-23-19;

11-27-19; 1-22-20; 7-22-20; 9-23-20; 9-24-20; 10-22-20


Docket 1


Tentative Ruling:

Tentative for 1/7/21:


Virtual appearances are required.


As of the posting of this tentative, the required status report has not been filed. Pursuant to LBR 3020-1(c) (which is accessible on the Court’s external website), 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). Debtor was previously warned at the October 22, 2020 hearing that non-compliance with this rule would be grounds for dismissal or conversion.


Accordingly, the Court will (1) set a continued status conference date of February 18, 2021, at 11:00 a.m., (2) issue an order directing Debtor to appear on February 18, 2021, at 11:00 a.m. to show cause why this case should not be dismissed or converted, and (3) sanction the Debtor in the amount of $50 to be paid to the clerk's office. A response, which may be included in the status report, is due no later than 14 days prior to the February 18, 2021 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.

11:00 AM

CONT...


Rodney Glen Bassett


Chapter 11


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1610516231 Meeting ID: 161 051 6231

Password: 974586

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 051 6231

Password: 974586


For further details, please consult the 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.


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

11:00 AM

CONT...


Rodney Glen Bassett


Chapter 11

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.

Party Information

Debtor(s):

Rodney Glen Bassett Pro Se

11:00 AM

8:19-11889


Invensure Insurance Brokers, Inc.


Chapter 11


#10.00


Hearing RE: Motion For Final Decree Closing The Chapter 11 Case Of Invensure Insurance Brokers, Inc.

(Motion filed 11/6/2020)

(Set per Notice of Hearing filed 12/3/2020)


Docket 323

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR FINAL DECREE, CLOSING CASE, AND VACATING HEAIRNG ENTERED 12-31-2020 - (DOCKET NO. [338])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Invensure Insurance Brokers, Inc. Represented By

Carol Chow

Movant(s):

Invensure Insurance Brokers, Inc. Represented By

Carol Chow Carol Chow

11:00 AM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#11.00


Hearing RE: Confirmation Of Amended Chapter 11 Plan Of Reorganization


FR: 11-5-2020


Docket 78


Tentative Ruling:

Tentative for 1/7/21 is to APPROVE, and set a post-confirmation status conference on April 8, 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/1610516231 Meeting ID: 161 051 6231

Password: 974586


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Gary Song Jiunn Mor


Chapter 11


Meeting ID: 161 051 6231

Password: 974586


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw

11:00 AM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#12.00


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

(Petition filed 3/2/2020)


FR: 5-7-20; 10-22-20; 11-5-20


Docket 13


Tentative Ruling:

Tentative for 1/7/21:


In light of the Court's tentative on related matter #11, the Court is inclined to set a post-confirmation status conference on April 8, 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/1610516231 Meeting ID: 161 051 6231

Password: 974586


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

11:00 AM

CONT...


Gary Song Jiunn Mor


Chapter 11

conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 051 6231

Password: 974586


For further details, please consult the 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 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.

**************************************************************************** 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:

11:00 AM

CONT...


Gary Song Jiunn Mor


Chapter 11

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


  1. Deadline for filing a plan and disclosure Statement: September 30, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


  2. Deadline to object to claims: August 7, 2020.


  3. Continued status conference: October 22, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Debtor is to lodge an order within seven days.


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


Party Information

Debtor(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#13.00


CONT'D STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)

    (Amended Order Entered 8/20/2020) FR: 10-8-20

    Docket 9


    Tentative Ruling:

    Tentative for 1/7/21 is to CONTINUE to January 21, 2021, at 11:00 a.m. to be heard concurrently with plan confirmation. A status report is not required.


    The 1/7 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    ***************************************************************************** Tentative for 10/8/20:


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


    1. Deadline to file Plan and D.S. - November 17, 2020 (statutory deadline as requested by Debtor)


    2. Proof of Claims Deadline - December 1, 2020 (as requested by Debtor)

      11:00 AM

      CONT...


      Christopher Alexander Todero

    3. Deadline to file Objections to Claims - January 29, 2021


Chapter 11


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.

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-13223


Innovation Pet, Inc., a California corporation


Chapter 11


#14.00


STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.

Section 1111(b) Election

(Set per Order Entered 11/20/2020)


Docket 3

*** VACATED *** REASON: CONTINUED TO JANUARY 7, 2021 AT 1:30 P.M. PER AMENDED INTERIM ORDER ENTERED 12-3-2020 - (DOCKET NO. [34])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Innovation Pet, Inc., a California Represented By

James C Bastian Jr Melissa Davis Lowe

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-13223


Innovation Pet, Inc., a California corporation


Chapter 11


#15.00


Hearing RE: Debtor And Debtor In Possession's Motion For Order: (1) Approving The Sale Of Substantially All Of The Debtor's Assets Free And Clear Of Liens, Claims, And Interests Pursuant To Bankruptcy Code Section 363(f); (2) Approving The Assumption And Assignment Of Certain Unexpired Leases And Executory Contracts; And (3) Granting Related Relief Including Use Of Sale Proceeds To Pay Actual Costs Incurred And Approving A Bankruptcy Code Section 506(c) Surcharge

(Motion filed 12/15/2020)


Docket 42


Tentative Ruling:

Tentative for 1/7/21 is to APPROVE, and allow Debtor 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/1605987847 Meeting ID: 160 598 7847

Password: 997445


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...


Innovation Pet, Inc., a California corporation


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 598 7847

Password: 997445


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Innovation Pet, Inc., a California Represented By

James C Bastian Jr Melissa Davis Lowe

Movant(s):

Innovation Pet, Inc., a California Represented By

James C Bastian Jr Melissa Davis Lowe

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-13223


Innovation Pet, Inc., a California corporation


Chapter 11


#16.00


CONT'D STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C. Section 1111(b) Election

(Set per Order Entered 11/20/2020)


FR: 1/7/2021 at 11:00 a.m.


Docket 3


Tentative Ruling:

Tentative for 1/7/21:


The Court is inclined to set a continued status conference on April 8, 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/1605987847 Meeting ID: 160 598 7847

1:30 PM

CONT...


Innovation Pet, Inc., a California corporation


Chapter 11

Password: 997445

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 598 7847

Password: 997445


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Innovation Pet, Inc., a California Represented By

James C Bastian Jr Melissa Davis Lowe

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-13223


Innovation Pet, Inc., a California corporation


Chapter 11


#17.00


Final Hearing RE: Debtor And Debtor-In-Possession's Emergency Motion For Entry Of Interim And Final Orders Authorizing: (1) Debtor To Obtain Postpetition Financing Pursuant To 11 U.S.C. Sections 105, 361, 362 And 364;

  1. 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) FR: 11/24/20

    Docket 5


    Tentative Ruling:

    Tentative for 1/7/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1605987847 Meeting ID: 160 598 7847

    Password: 997445


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

    1:30 PM

    CONT...


    Innovation Pet, Inc., a California corporation


    Chapter 11

    conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 598 7847

    Password: 997445


    For further details, please consult the 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 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.

    1:30 PM

    CONT...


    Debtor(s):


    Innovation Pet, Inc., a California corporation

    Party Information


    Chapter 11

    Innovation Pet, Inc., a California Represented By

    James C Bastian Jr Melissa Davis Lowe

    Movant(s):

    Innovation Pet, Inc., a California Represented By

    James C Bastian Jr Melissa Davis Lowe

    Trustee(s):

    Mark M Sharf (TR) Pro Se

    10:00 AM

    6:20-13611


    Ruben Dorado and Thalia Michelle Dorado


    Chapter 7


    #1.00


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

    Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 11/30/20)


    Re: 2017 Toyota Tacoma EH            

    Docket 21


    Tentative Ruling:

    Tentative for 1/19/21:


    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: 161 449 3253


    Password: 946558

    10:00 AM

    CONT...


    Ruben Dorado and Thalia Michelle Dorado


    Chapter 7

    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    Debtor(s):

    Ruben Dorado Represented By Erika Luna

    Joint Debtor(s):

    Thalia Michelle Dorado Represented By Erika Luna

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    10:00 AM

    6:20-13611


    Ruben Dorado and Thalia Michelle Dorado


    Chapter 7


    #2.00


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

    ACAR Leasing LTD vs. DEBTORS, Lynda Bui, trustee (Motion filed 12/17/20)


    Re: 2017 Chevrolet Bolt, VIN: 1G1FW6S07H4167879


    EH            


    Docket 23


    Tentative Ruling:

    Tentative for 1/19/21:


    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: 161 449 3253


    Password: 946558


    Parties making telephonic appearances are reminded to have all relevant

    10:00 AM

    CONT...


    Ruben Dorado and Thalia Michelle Dorado


    Chapter 7

    filings/information easily accessible during the hearing.


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

    Party Information

    Debtor(s):

    Ruben Dorado Represented By Erika Luna

    Joint Debtor(s):

    Thalia Michelle Dorado Represented By Erika Luna

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    10:00 AM

    6:20-16420


    Ramiro Reynoso


    Chapter 7


    #3.00


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

    Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 11/25/20)


    Re: 2016 Nissan Rogue 2WD EH            

    Docket 9


    Tentative Ruling:

    Tentative for 1/19/21:


    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: 161 449 3253


    Password: 946558

    10:00 AM

    CONT...


    Ramiro Reynoso


    Chapter 7

    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    Debtor(s):

    Ramiro Reynoso Represented By Yolanda Flores-Burt

    Trustee(s):

    Steven M Speier (TR) Pro Se

    10:00 AM

    6:20-17689


    Charles Wesley Knippers and Tiffany Marie Burns


    Chapter 7


    #4.00


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

    Flagship Credit Acceptance LLC vs. DEBTOR, Robert Whitmore, trustee (Motion filed 12/18/20)


    Re: 2017 Kia Optima, VIN: 5XXGT4L34HG145118


    Docket 11


    Tentative Ruling:

    Tentative for 1/19/21:


    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: 161 449 3253


    Password: 946558


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

    10:00 AM

    CONT...


    Charles Wesley Knippers and Tiffany Marie Burns


    Chapter 7


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

    Party Information

    Debtor(s):

    Charles Wesley Knippers Represented By Michael T Reid

    Joint Debtor(s):

    Tiffany Marie Burns Represented By Michael T Reid

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    11:00 AM

    6:11-20421


    Charles A Tumbrello and Monika C Tumbrello


    Chapter 7


    #5.00


    CONT. Hrg. on Chapter 7 Trustee's Motion filed 9/25/20 Objecting to Claim Number 17 by Claimant TSC Accounts Receivable, in the amount of $695.91


    From: 11/3/20,12/15/20 EH            

    Docket 174


    Tentative Ruling:

    Tentative for 1/19/21 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: 160 140 1693


    Password: 741258


    Parties making 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 12/15/20 is to CONTINUE to January 19, 2021, at 11:00 a.m., to

    11:00 AM

    CONT...


    Charles A Tumbrello and Monika C Tumbrello


    Chapter 7

    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 corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


    Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than November 13, 2020.


    The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    Debtor(s):

    Charles A Tumbrello Pro Se

    11:00 AM

    CONT...


    Charles A Tumbrello and Monika C Tumbrello


    Chapter 7

    Joint Debtor(s):

    Monika C Tumbrello Pro Se

    Movant(s):

    Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

    Trustee(s):

    Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

    11:00 AM

    6:11-20421


    Charles A Tumbrello and Monika C Tumbrello


    Chapter 7


    #6.00


    CONT. Hrg. on Chapter 7 Trustee's Motion filed 9/25/20 Objecting to Claim Number 3 by Claimant Temecula Chiropractic, in the amount of $1045.00 and claim #4 by Midland Credit Management, Inc. in the amount of $966.44


    From: 11/3/20,12/15/20 EH            


    Docket 175


    Tentative Ruling:

    Tentative for 1/19/21 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: 160 140 1693


    Password: 741258


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    11:00 AM

    CONT...


    Charles A Tumbrello and Monika C Tumbrello


    Chapter 7

    ****************************************************************************** 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 corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


    Movant is to file a Notice of Continuance and Supplemental Proof of Service by no later than November 13, 2020.


    The 11/3 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    Debtor(s):

    Charles A Tumbrello Pro Se

    11:00 AM

    CONT...


    Charles A Tumbrello and Monika C Tumbrello


    Chapter 7

    Joint Debtor(s):

    Monika C Tumbrello Pro Se

    Movant(s):

    Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

    Trustee(s):

    Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

    11:00 AM

    6:16-10016


    Rene Beltran and Nora Beltran


    Chapter 7


    #7.00


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

    [Howard Grobstein, chapter 7 trustee] [Fees; $2070.90; Expenses; $0]


    Docket 76


    Tentative Ruling:

    Tentative for 1/19/21 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: 160 140 1693


    Password: 741258


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Rene Beltran and Nora Beltran


    Chapter 7

    Rene Beltran Represented By

    Leonard Pena

    Joint Debtor(s):

    Nora Beltran Represented By

    Leonard Pena

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    11:00 AM

    6:18-18354


    Luis Manuel Jimenez


    Chapter 7


    #8.00


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

    [Charles Daff, chapter 7 trustee] [Fees; $2034.03; Expenses: $167.33]


    [Shulman Bastian Friedman & Bui LLP, attorneys for trustee] [Fees; $9960.21; Expenses; $856.50]


    [Hahn Fife & Company; accountant for trustee] [Fees; $1496.00; Expenses; $286.30]


    Docket 85


    Tentative Ruling:

    Tentative for 1/19/21 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: 160 140 1693


    Password: 741258

    11:00 AM

    CONT...


    Luis Manuel Jimenez


    Chapter 7

    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    Debtor(s):

    Luis Manuel Jimenez Represented By Brian J Soo-Hoo

    Trustee(s):

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

    11:00 AM

    6:18-19706


    Geoffrey Acosta Nagum


    Chapter 7


    #9.00


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

    [Larry Simons, chapter 7 trustee] [Fees; $13122.75; Expenses; $211.05]


    [SulmeyerKupetz, APC, attorney for trustee] [Fees; $28850.00; Expenses $547.57]


    [Hahn Fife & Company, LLP; accountant for trustee] [Fees: 2156.00; Expenses: $275.30]


    Docket 57


    Tentative Ruling:

    Tentative for 1/19/21 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: 160 140 1693

    11:00 AM

    CONT...


    Geoffrey Acosta Nagum


    Chapter 7


    Password: 741258


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    Debtor(s):

    Geoffrey Acosta Nagum Represented By James P Doan

    Trustee(s):

    Larry D Simons (TR) Represented By Daniel A Lev

    11:00 AM

    6:19-18710


    Camlyn Pensis


    Chapter 7


    #10.00


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

    [A. Cisneros, chapter 7 trustee] [Fees; $2250.00; Expenses; $90.08]


    [Donald T. Fife, Tax preparer] [Fees; $1000.00; Expenses; $0]


    Docket 40


    Tentative Ruling:

    Tentative for 1/19/21 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: 160 140 1693


    Password: 741258


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    11:00 AM

    CONT...


    Debtor(s):


    Camlyn Pensis


    Party Information


    Chapter 7

    Camlyn Pensis Represented By David A Wiesen

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    11:00 AM

    6:19-20521


    Sean Randall Ehart and Kristi Ann Ehart


    Chapter 7


    #11.00


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

    [Robert Whitmore, chapter 7 trustee] [Fees; $1940.55; Expenses; $239.15]


    Docket 50


    Tentative Ruling:

    Tentative for 1/19/21 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: 160 140 1693


    Password: 741258


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Sean Randall Ehart and Kristi Ann Ehart


    Chapter 7

    Sean Randall Ehart Represented By Todd L Turoci

    Joint Debtor(s):

    Kristi Ann Ehart Represented By Todd L Turoci

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    11:00 AM

    6:19-21098


    Charles Slone and Lynn Slone


    Chapter 7


    #12.00


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

    [A. Cisneros, chapter 7 trustee] [Fees; $1350.00; Expenses; $78.80]


    Docket 43


    Tentative Ruling:

    Tentative for 1/19/21 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: 160 140 1693


    Password: 741258


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Charles Slone and Lynn Slone


    Chapter 7

    Charles Slone Represented By Michael J Hemming

    Joint Debtor(s):

    Lynn Slone Represented By

    Michael J Hemming

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    1:30 PM

    6:11-28115


    DAVID LIN and CHRISTINE YIU


    Chapter 11


    #13.00


    CONT Hrg. on Debtors' Motion filed 8/21/20 For Final Entry of Discharge and Final Decree and Order Closing Chapter 11 Case


    From 9/22/20, 11/17/20 EH            

    Docket 171


    Tentative Ruling:

    Tentative for 1/19/21:


    This matter is DENIED without prejudice, in accordance with Debtors' stipulation and notice of voluntary dismissal of this motion filed 1/13/21 [Dks. 182 and 183]. Alternatively, Debtors may refile the stipulation containing the appropriate signatures, in which case the matter will be taken off calendar.


    In the absence of refiling the stipulation, Debtors are to lodge an order within 7 days.


    Appearances for the 1/19 hearing are excused.


    ***************************************************************************** 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.

    1:30 PM

    CONT...


    DAVID LIN and CHRISTINE YIU


    Chapter 11

    **************************************************************************** Tentative for 9/22/20:


    Debtor is to appear and address the Opposition filed 9/8/20 [Dk. 173] by Creditor, PNC Bank, N.A.


    Virtual appearances are required.

    Party Information

    Debtor(s):

    DAVID LIN Represented By

    Michael J Jaurigue Elaine Le

    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

    6:15-12078


    Orange County Nursery, Inc.


    Chapter 11


    #14.00


    CONT Hrg. on Chapter 11 Status Conference (Cont. from 9/22/20)

    EH            


    Docket 0

    *** VACATED *** REASON: CONTINUED TO 2/2/21 @ 1:30 P.M. BY ORDER ENTERED ON 12/30/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

    Arthur Gutierrez Longoria Tamar Terzian

    1:30 PM

    6:18-10058


    Lisa M Garcia


    Chapter 7

    Adv#: 6:18-01065 Fawzy v. Garcia


    #15.00


    CONT. Hearing After Remand From: 12/16/20

    Docket 0

    *** VACATED *** REASON: MEMORANDUM OF THE BANKRUPTCY COURT IN ACKNOWLEDGEMENT AND COMPLIANCE WITH THE ORDER OF REMAND BY THE BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT ENTERED 1/13/21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Lisa M Garcia Represented By Stephen R Wade David N LeGrande

    Defendant(s):

    Lisa M. Garcia Represented By Stephen R Wade

    Plaintiff(s):

    Sameh Fawzy Represented By Christopher O Rivas

    Trustee(s):

    Steven M Speier (TR) Pro Se

    1:30 PM

    6:18-11937


    Lisa Duarte


    Chapter 7

    Adv#: 6:20-01025 Rose v. Duarte


    #16.00


    CONT STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - §523(a)(2)(A), §523(a)(4), §523(a)(6)


    EH            


    From: 9/23/20, 11/17/20


    Docket 1


    Tentative Ruling:

    Tentative for 1/19/21:


    This matter is CONTINUED to April 27, 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 1/19 hearing are excused.


    ***************************************************************************** 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.


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

    1:30 PM

    CONT...


    Lisa Duarte


    Chapter 7

    Tentative for 5/27/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


    This adversary was filed on March 11, 2020. The Court notes that, as of the posting of this tentative, the docket does not reflect any activity beyond the original filing. Thus, in addition to failing to serve the case initiating documents, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued March 11, 2020 [Dk. 2].


    Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

    The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


    Party Information

    Debtor(s):

    Lisa Duarte Pro Se

    Defendant(s):

    Lisa Duarte Pro Se

    Plaintiff(s):

    Stacey Rose Represented By

    Michael D Anderson Andrei Serpik

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    1:30 PM

    6:20-11936


    Yun Ho Choi


    Chapter 7

    Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


    #17.00


    CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 727(a)(2)(A), 727(a)(3), 727(a)(5)


    From: 9/2/20, 11/4/20 EH         


    Docket 1


    Tentative Ruling:

    Tentative for 1/19/21:


    This matter is CONTINUED to April 27, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


    Additionally, Plaintiff is required to file a motion for default judgment by not later than March 5, 2021.


    The Court notes that, as of the posting of this tentative, no status report has been filed, despite the Court's instructions to file a status report not later than 14 days before the 1/19 hearing (see tentative below). Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's prior instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


    Appearances for the 1/19 hearing are excused.


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

    1:30 PM

    CONT...


    Yun Ho Choi


    Chapter 7

    conference.


    Appearances for the 11/4 hearing are excused.


    ******************************************************************************* Tentative for 9/2/20 is to CONTINUE to November 4, 2020 at 1:30 p.m., in light of the representation in Plaintiff's Unilateral Status Report [Dk. 4] that the parties are engaged in settlement discussions. A status report (unilateral or joint), which contains details regarding the status of settlement discussions and proposed dates for completion of discovery, trial readiness, etc., shall be due no later than 14 days before the continued status conference.


    Appearances for the 9/2 hearing are excused.

    Party Information

    Debtor(s):

    Yun Ho Choi Represented By

    Young K Chang

    Defendant(s):

    Yun Ho Choi Pro Se

    Plaintiff(s):

    Romex Textiles, Inc. Represented By Nico N Tabibi

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    1:30 PM

    6:20-13541


    Mason Robert Entrican


    Chapter 7

    Adv#: 6:20-01139 Mayall v. Entrican


    #18.00


    CONT. 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)


    From: 11/18/20 EH            

    Docket 3

    *** VACATED *** REASON: ORDER APPROVING STIPULATION DISMISSING ADVERSARY ENTERED ON 1/6/21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Mason Robert Entrican Represented By Daniel King

    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

    1:30 PM

    6:20-14307


    Pimlico Ranch, LLC


    Chapter 11


    #19.00


    Chapter 11 Trustee's Motion filed 12/29/20 For (A) Approval Of Compromise Of Controversy Pursuant To Rule 9019 Of The Federal Rules Of Bankruptcy Procedure; And (B) Authority To Sell Asset Of Consolidated Estates Pursuant To Compromise


    Docket 103


    Tentative Ruling:

    Tentative for 1/19/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1619695864 Meeting ID: 161 969 5864

    Password: 332215


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 161 969 5864

    1:30 PM

    CONT...


    Pimlico Ranch, LLC


    Chapter 11


    Password: 332215


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Pimlico Ranch, LLC Represented By Robert M Yaspan

    1:30 PM

    6:20-14307


    Pimlico Ranch, LLC


    Chapter 11


    #20.00


    CONT. Hrg. on Chapter 11 Status Conference From: 8/18/20

    EH            


    Docket 0


    Tentative Ruling:

    Tentative for 1/19/21 is to set a CONTINUED status conference date of March 2, 2021, at 1:30 p.m., as a holding date, pending resolution of the related consolidation motions. If the case is not consolidated by the continued date for any reason, 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/1619695864 Meeting ID: 161 969 5864

    Password: 332215

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    1:30 PM

    CONT...

    Pimlico Ranch, LLC

    Chapter 11

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 969 5864


    Password: 332215


    For further details, please consult the 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 8/18/20:


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


    1. Deadline to File Plan & D.S. - September 20, 2020 (statutory deadline)

    2. Deadline to file Avoidance Actions - October 31, 2020

    3. Proof of Claims Deadline - November 15, 2020

    4. Deadline to file Objections to Claims - December 31, 2020


Virtual appearances are required.

Party Information

Debtor(s):

Pimlico Ranch, LLC Represented By Robert M Yaspan

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#21.00


CONT Hrg. on chapter 11 status conference EH            

From: 9/1/20, 10/6/20


Docket 0


Tentative Ruling:

Tentative for 1/19/21 is to set a CONTINUED status conference date of March 2, 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/1619695864 Meeting ID: 161 969 5864

Password: 332215

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...

Ben Clymer's The Body Shop Perris Inc.

Chapter 11

Meeting ID: 161 969 5864


Password: 332215


For further details, please consult the 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.


*************************************************************************** Revised Tentative for 10/6/20:


After further review of the docket, the Court will conduct this status conference.


Virtual appearances are required.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#22.00


Chapter 11 Trustee's Motion For (A) Approval Of Compromise Of Controversy Pursuant To Rule 9019 Of The Federal Rules Of Bankruptcy Procedure; And (B) Authority To Sell Asset Of Consolidated Estates Pursuant To Compromise


EH     


Docket 340


Tentative Ruling:

Tentative for 1/19/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619695864 Meeting ID: 161 969 5864

Password: 332215


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Meeting ID: 161 969 5864

Password: 332215


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

10:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

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

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

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

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

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

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

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

    And

  8. Declaratory Relief [Holding Date] (Complaint filed 3/20/19)

(PTC set at S/C held 9/18/19) (S/C set at hrg. held 10/21/2020)


FR: 6-26-19; 8-7-19; 9-18-19; 5-13-20; 7-15-20; 9-30-20; 10-21-20


Docket 1

*** VACATED *** REASON: CONTINUED TO JANUARY 20, 2021 AT 1:30 P.M. PER ORDER APPROVING TO CONTINUE STATUS CONFERENCE ENTERED 12-23-20 - (DOCKET NO. [46])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Richmond Capital Group Pro Se

10:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

10:00 AM

8:18-14490


El Valle Plastering, Inc.


Chapter 7


#2.00


Motion for relief from stay [Action In Non-Bankruptcy Forum]


Omni Contracting, A California Sole Proprietorship vs. DEBTOR (Motion filed 12/23/2020)


[RE: Case Name: David Fisher And Michelle Fisher] [Docket Number: 30-2019-01103392]

[Pending In: Orange County Superior Court]


Docket 67


Tentative Ruling:

Tentative for 1/20/21:


Grant relief as requested by Movant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver and annulment.


Movant has provided evidence that its action in filing the cross-complaint after Debtor's bankruptcy case was filed was taken without knowledge of the automatic stay. Further, while Debtor has filed an Opposition to the motion [Dk. 70], Debtor has not provided any evidence that annulment is unwarranted. 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.").


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

10:00 AM

CONT...


El Valle Plastering, Inc.


Chapter 7

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1601877265 Meeting ID: 160 187 7265

Password: 643197

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 187 7265

Password: 643197


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

El Valle Plastering, Inc. Represented By Andy J Epstein

10:00 AM

CONT...

Movant(s):


El Valle Plastering, Inc.


Chapter 7

Omni Contracting Represented By Martin C Nguyen

Trustee(s):

Thomas H Casey (TR) Pro Se

10:00 AM

8:19-13369


Hussein Salah Suheimat and Lucy Emmanuel Shirajian


Chapter 7


#3.00


Motion for relief from stay [Personal Property]


Toyota Lease Trust, As Serviced Toyota Motor Credit Corporation vs. DEBTORS

(Motion filed 12/18/2020)


[RE: 2016 Lexus RC 350 - VIN No.: JTHHE5BC0G5012704]


Docket 126


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to 2/17/21 at 10:00 a.m. to allow Movant to effectuate proper service, as set forth below. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than January 22, 2021.


Service is improper. The movant did not serve the entity scheduled by Debtors, Lexus Financial Services. 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.”


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

10:00 AM

CONT...

Debtor(s):


Hussein Salah Suheimat and Lucy Emmanuel Shirajian


Chapter 7

Hussein Salah Suheimat Represented By Michael A Cisneros

Joint Debtor(s):

Lucy Emmanuel Shirajian Represented By Michael A Cisneros

Movant(s):

Toyota Lease Trust, as serviced Represented By Austin P Nagel

Trustee(s):

Karen S Naylor (TR) Represented By Arturo M Cisneros Nathan F Smith

10:00 AM

8:20-13176


Mayra Del Carmen Canales Gomez


Chapter 7


#4.00


Motion for relief from stay [Personal Property]


Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 12/14/2020)


[RE: 2015 Mitsubishi Outlander Sport - VIN No.: 4A4AP3AW3FE053364]


Docket 7


Tentative Ruling:

Tentative for 1/20/21:


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: 160 187 7265


Password: 643197


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Mayra Del Carmen Canales Gomez


Chapter 7

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Mayra Del Carmen Canales Gomez Represented By

David R Chase

Movant(s):

TOYOTA MOTOR CREDIT Represented By Austin P Nagel

Trustee(s):

Thomas H Casey (TR) Pro Se

10:00 AM

8:20-13293


Hyun S Kim


Chapter 7


#5.00


Motion for relief from stay [Real Property]


The Bank Of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of The CWALT, Inc., Alternative Loan Trust 2006-OA10 Mortgage Pass-Through Certificates, Series 2006-OA10 vs. DEBTORS (Motion filed 12/14/2020)


[RE: 18802 Roxbury Lane Huntington Beach, California 92648]


Docket 8


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to February 17, 2021 at 10:00 a.m. to allow Movant to effecuate proper service upon the junior lienholder. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than January 22, 2021.


Movant did not serve the junior lienholder, SNS Investment, to the attention of an officer, managing or general agent or to any other authorized agent. 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.”

10:00 AM

CONT...


Hyun S Kim


Chapter 7

The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Hyun S Kim Represented By

Eric M Sasahara

Movant(s):

The Bank of New York Mellon FKA Represented By

Austin P Nagel

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:14-12329


Ellie Elaheh Ghoreishi


Chapter 7


#6.00


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

(Final Report filed 12/17/2020)


[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $631.28; Expenses: $20.00]


Docket 90


Tentative Ruling:

Tentative for 1/20/21 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: 161 780 7748


Password: 644445


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Ellie Elaheh Ghoreishi


Chapter 7

Ellie Elaheh Ghoreishi Represented By

James D. Hornbuckle Bobby Samini

Trustee(s):

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#7.00


Hearing RE: Second Motion For Authority To Continue Operating: (1) Ruby's Diner, Inc. For Limited Purpose (2) Ruby's Huntington Beach, Ltd., And (3) Ruby's Oceanside, Ltd.

(Motion filed 12/14/2020)


Docket 962


Tentative Ruling:

Tentative for 1/20/21 is to GRANT.


Note: In light of the withdrawal filed 1/19/21 [Dk. 991], this matter appears to be uncontested. Accordingly, no court appearance by Movant is required.

Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further 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: 161 780 7748


Password: 644445


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By

11:00 AM

CONT...


Movant(s):


Ruby's Diner, Inc., a California corporation

William N Lobel Jeffrey P Nolan


Chapter 7

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-14490


El Valle Plastering, Inc.


Chapter 7


#8.00


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

(Final Report filed 12/8/2020)


[RE: THOMAS H. CASEY - Chapter 7 Trustee] [Fees: $6,887.93; Expenses: $210.95]


[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $5,460.00; Expenses: $362.00]


Docket 0


Tentative Ruling:

Tentative for 1/20/21 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: 161 780 7748

Password: 644445

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

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

11:00 AM

CONT...


Debtor(s):


El Valle Plastering, Inc.

Party Information


Chapter 7

El Valle Plastering, Inc. Represented By Andy J Epstein

Trustee(s):

Thomas H Casey (TR) Pro Se

11:00 AM

8:19-10123


Lisa A. Henry


Chapter 7


#9.00


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

(Final Report filed 12/11/2020)


[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $17,675.00; Expenses: $137.42]


[RE: WEILAND GOLDEN GOODRICH LLP - Attorney For Chapter 7 Trustee] [Fees: $39,025.00; Expenses: $190.00]


[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $3,256.00; Expenses: $262.50]


Docket 90


Tentative Ruling:

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


The Final Fee Application of Weiland and Golden Goodrich, LLP requests affirmance of its interim award of $20,425.00 in fees; however, the Court notes that only $17,900.00 in interim fees was approved by order entered 6/27/19 [Dk. 57]. The Court believes the difference in amounts is merely an error, as the firm does not provide additional information in the final fee application which would warrant approval of the previously disallowed amounts. Consistent with this belief, the Trustee's Final Report seeks approval of the $17,900.00 interim fee award amount, which is the interim fee amount approved by the 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

11:00 AM

CONT...


Lisa A. Henry


Chapter 7

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: 161 780 7748

Password: 644445


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Lisa A. Henry Represented By

Kelly H. Zinser

Trustee(s):

Jeffrey I Golden (TR) Represented By Reem J Bello Ryan W Beall

11:00 AM

8:19-14348


Alisandro Romero


Chapter 7


#10.00


Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claim: (Motion filed 12/10/2020)


Claim No. 2-1 Orange Capital Solutions $439,115.45


Docket 59


Tentative Ruling:

Tentative for 1/20/21 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 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: 161 780 7748


Password: 644445


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran

11:00 AM

CONT...

Movant(s):


Alisandro Romero


Chapter 7

Karen S Naylor (TR) Represented By Nanette D Sanders

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#11.00


Hearing RE: Application By Chapter 7 Trustee Richard Marshack To Employ The Law Office Of David B. Lally As Special Litigation Counsel For Chapter 7 Trustee Nunc Pro Tunc

(Set per Notice of Hearing filed 12/29/2020)


Docket 200


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

11:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Marshack v. Javan et al


#12.00


CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:

  1. Avoid And Recover Fraudulent Transfers;

  2. Obtain Declaratory Relief As To Ownership Of Property;

  3. Turnover Of Property;

  4. Authorize Sale Of Real Property; And

  5. For Declaratory Relief (Complaint filed 4/18/2020)

    [Adversary transferred from CB on 7/31/2020]


    FR: 7-7-20; 9-30-20; 11-5-20


    Docket 1


    Tentative Ruling:

    Tentative for 1/20/21:


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    **************************************************************************** Tentative for 11/5/20:

    In light of related matter #15, this matter will be taken off calendar. Virtual appearances are required.

    ****************************************************************************** Tentative for 9/30/20:

    In light of related matter #26, this matter will be taken off calendar. Virtual appearances are required.

    11:00 AM

    CONT...


    Debtor(s):


    Mershad Javan


    Party Information


    Chapter 7

    Mershad Javan Represented By Leslie A Cohen

    Defendant(s):

    Mershad Javan 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):

    Richard Marshack Pro Se

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:20-01055 Marshack v. Javan et al


    #13.00


    CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)

    [Adversary transferred from CB on 7/31/2020]


    [FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20; 11-5-20


    Docket 4


    Tentative Ruling:

    Tentative for 1/20/21:


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


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

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    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 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.

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

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    be denied if the proposed amendment is futile. Saul v. United States, 928 F.2d 829, 843 (9th Cir. 1991). Therefore, the Court is inclined to DENY without leave to amend.


    Virtual appearances are required.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    Defendant(s):

    Mershad Javan 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):

    Mershad Javan Represented By Todd L Turoci

    Plaintiff(s):

    Richard Marshack Pro Se

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:20-01085 Norris et al v. Javan


    #14.00


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

    [11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]

    (Complaint filed 5/19/2020)

    [Case transferred from CB on 7/31/2020]


    FR: 8-4-20; 8-19-20; 9-30-20; 11-5-20


    Docket 1


    Tentative Ruling:

    Tentative for 1/20/21:


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    ***************************************************************************** Tentative for 11/5/20:


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


    1. Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: March 5, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: April 28, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and

11:00 AM

CONT...


Mershad Javan


Chapter 7

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.

***************************************************************************** Tentative for 9/30/20:


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


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


  2. Motion cutoff: January 1, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: February 3, 2021, at 1:30 p.m.


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

Plaintiff is to lodge a scheduling order within seven (7) days. Virtual appearances are required.

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Todd L Turoci

11:00 AM

CONT...


Mershad Javan


Chapter 7

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) Represented By

D Edward Hays David Brian Lally

11:00 AM

8:20-11885


Todd Stuart Masler


Chapter 7


#15.00


Hearing RE: Chapter 7 Trustee's Objection To Debtor's Claim Of Exemption On Amended Schedules

(Set per Notice of Hearing filed 12/30/2020)


Docket 33


Tentative Ruling:

Tentative for 1/20/21 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 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: 161 780 7748


Password: 644445


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Todd Stuart Masler Pro Se

11:00 AM

CONT...

Trustee(s):


Todd Stuart Masler


Chapter 7

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

1:30 PM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


#16.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint:

  1. Violation Of Automatic Stay/Discharge Injunction;

  2. 11 USC Section 525(a) Violation (Complaint filed 6/4/2020)


FR: 9-2-20; 10-21-20


Docket 1


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to April 7, 2021, at 1:30 p.m. A joint status report detailing the status of all appeals is due 14 days prior to the hearing.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


**************************************************************************** Tentative for 10/21/20 is to CONTINUE to January 20, 2021, at 11:00 a.m. A joint status report detailing the status of all appeals is due no later than 14 days prior to the continued hearing.


Appearances for the 10/21 hearing are excused.

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

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

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

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#17.00


CONT'D STATUS CONFERENCE Hearing RE:Complaint For: (1) Avoidance Of Preferential Transfers; (2) Recovery Of Property; (3) Preservation Of Avoided Transfers; (4) Disallowance Of Claims; (5) Turnover; (6) Predatory Lending;

  1. Equitable Subordination Of Claims; and (8) Declaratory Relief

    [Holding Date]

    (Complaint filed 3/20/19) (PTC set at S/C held 9/18/19)

    (S/C set at hrg. held 10/21/2020)

    (Con't from 10:00 am, per order entered 12/23/20)


    FR: 6-26-19; 8-7-19; 9-18-19; 5-13-20; 7-15-20; 9-30-20; 10-21-20


    Docket 1


    Tentative Ruling:

    Tentative for 1/20/21:


    This matter is CONTINUED to April 28, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due 14 days in advance.


    Additionally, Plaintiff is required to file a motion for default judgment by not later than March 5, 2021.


    The Court notes that a status report was filed on 1/14/21 [Dks. 48 and 50], despite the Court's instructions to file a status report not later than 14 days before the 1/20 hearing. See order entered 12/23/20 [Dk. 46]. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no

    1:30 PM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    appearances are permitted.


    ***************************************************************************** Tentative for 9/30/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


    The Court previously continued this pre-trial conference from July 15, 2020 to September 30, 2020, directing Plaintiff to file any motion he deems appropriate, including a request for order to show cause why Defendant's answer should not be stricken, by no later than August 15, 2020. As of the posting of this tentative, the docket does not reflect any activity since the 7/15 hearing.


    Additionally, the Court notes that a pre-trial stipulation has not been filed pursuant to the requirements of LBR 7016-1.


    Virtual appearances are required.


    ********************************************************************************** Tentative for 7/15/20 is to CONTINUE to September 30, 2020 at 11:00 a.m.


    Plaintiff may file any motion he deems appropriate, including a request for order to show cause, by no later than August 15, 2020.


    Appearances for the 7/15 hearing are excused.


    ******************************************************************************* Tentative for 09/18/2019:


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


    1. Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.

      1:30 PM

      CONT...


      Luminance Recovery Center, LLC


      Chapter 7

    3. Pretrial conference: May 13, 2020 at 1:30 p.m.


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


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


Appearances required.


Debtor(s):


Party Information

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Richmond Capital Group Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut

1:30 PM

CONT...


Luminance Recovery Center, LLC


Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello


Chapter 7

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01035 Marshack v. American Express et al


#18.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, And Fraudulent Transfers


FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20; 12-2-20


Docket 1

*** VACATED *** REASON: CONTINUED TO MARCH 10, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS HEARING ENTERED 1-6-2021 - (DOCKET NO. [35])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

American Express Represented By Sweeney Kelly

American Express National Bank Represented By

Sweeney Kelly

American Express Company Represented By Sweeney Kelly

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack David Wood

1:30 PM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01036 Marshack v. Krohn Construction


#19.00


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

Recovery, And Preservation Of Fraudulent Transfers (Complaint filed 3/20/2020)

(PTC set at S/C held 7/15/2020)


FR: 6-10-20; 7-15-20; 11-18-20


Docket 1

*** VACATED *** REASON: CONTINUED TO MARCH 24, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRETRIAL CONFERENCE AND EXTEND RELATED DEADLINES ENTERED 1-8-2021 - (DOCKET NO. [21])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Krohn Construction Represented By Reed H Olmstead

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

1:30 PM

CONT...


Luminance Recovery Center, LLC


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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello


Chapter 7

1:30 PM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:19-01176 Golden v. Caufield et al


#20.00


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

  1. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);

  2. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);

  3. Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And

  4. Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)

(Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)


FR: 11-19-19; 5-27-20; 8-5-20; 11-4-20


Docket 20

*** VACATED *** REASON: CONTINUED TO APRIL 28, 2021 AT 1:30

P.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRE- TRIAL CONFERENCE HEARING ENTERED 12-29-2020 - (DOCKET NO. [42])

Tentative Ruling:


Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Jason Caufield Represented By Tyler H Brown

Plaintiff(s):

Jeffrey I. Golden Represented By Reem J Bello Ryan W Beall

1:30 PM

CONT...

Trustee(s):


Tim M McKenna


Chapter 7

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

1:30 PM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:20-01138 Golden v. McKenna et al


#21.00


Hearing RE: Motion To Dismiss Complaint For Failure To State A Claim Pursuant to Rule 12(b)

(Motion filed 11/17/2020)


Docket 11


Tentative Ruling:

Tentative for 1/20/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1606125913 Meeting ID: 160 612 5913

Password: 222845


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 612 5913

1:30 PM

CONT...


Tim M McKenna


Chapter 7


Password: 222845


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

Movant(s):

Tim M McKenna Represented By Robert P Goe

Courtney Statham Represented By Robert P Goe Robert P Goe

1:30 PM

CONT...


Tim M McKenna


Chapter 7

Plaintiff(s):

Jeffrey I Golden Represented By Reem J Bello

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

1:30 PM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:20-01138 Golden v. McKenna et al


#22.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For: (1) Avoidance Of Post-Petition Transfer (2) Recovery Of Avoided Transfer (3) Preservation (4)

Revocation Of Trust (5) Declaratory Relief; And (6) Turnover (Complaint filed 9/25/2020)


FR: 12-16-20


Docket 1


Tentative Ruling:

Tentative for 1/20/21 is to set a CONTINUED status conference on March 24, 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/1606125913 Meeting ID: 160 612 5913

Password: 222845


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...


Tim M McKenna


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 612 5913

Password: 222845


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

Plaintiff(s):

Jeffrey I Golden Represented By Reem J Bello

1:30 PM

CONT...

Trustee(s):


Tim M McKenna


Chapter 7

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01118 Marshack v. Discover Financial


#23.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

    [11 U.S.C. Sections 547, 550, 551 And 502(d)]

    (Complaint filed 8/19/2020) FR: 11-4-20

    Docket 1


    Tentative Ruling:

    Tentative for 1/20/21:


    This matter is CONTINUED to April 28, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due 14 days in advance.


    Additionally, Plaintiff is required to file a motion for default judgment by not later than March 15, 2021.


    The Court notes that a status report was filed on 1/15 [Dk. 12], despite the Court's instructions to file a status report not later than 14 days before the 1/20 hearing (see below tentative). Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


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

    1:30 PM

    CONT...


    Ian G. Winterbotham


    Chapter 7

    Tentative for 11/4/20 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report is due 14 days prior.


    Appearances for the 11/4 hearing are excused.

    Party Information

    Debtor(s):

    Ian G. Winterbotham Represented By Michael D Franco

    Defendant(s):

    Discover Financial Pro Se

    Joint Debtor(s):

    Bree C. Winterbotham Represented By Michael D Franco

    Plaintiff(s):

    Richard A Marshack Represented By Larry D Simons

    Trustee(s):

    Richard A Marshack (TR) Represented By Larry D Simons

    1:30 PM

    8:19-10347


    Hassan Abbas Kassir


    Chapter 7

    Adv#: 8:19-01080 Marshack v. Kassir


    #24.00


    CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727

    (Complaint filed 5/6/19)

    (Another summons issued 6/17/19) (PTC set at S/C held 11-20-19)


    FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20; 11-28-20


    Docket 1

    *** VACATED *** REASON: CONTINUED TO MARCH 3, 2021 AT 1:30

    P.M. PER ORDER CONTINUING PRETRIAL CONFERENCE ENTERED 1-13-2021 - (DOCKET NO. [78])

    Tentative Ruling:

Party Information

Debtor(s):

Sukeinah Hassan Kassir Represented By Vikrant Chaudhry

Defendant(s):

Mohammad Mahdi Kassir Represented By Vikrant Chaudhry

Mohammad Abbas Kassir Represented By Vikrant Chaudhry

Ali Al-Hadi Kassir Represented By Vikrant Chaudhry

Sukeinah Kassir Represented By Vikrant Chaudhry

1:30 PM

CONT...


Sukeinah Hassan Kassir


Chapter 7

Plaintiff(s):

Richard A Marshack Represented By Donald W Sieveke

Trustee(s):

Richard A Marshack (TR) Represented By Donald W Sieveke

1:30 PM

8:19-11389


Kiet Tuan Tran


Chapter 7

Adv#: 8:20-01062 Kosmala v. Ho


#27.00


Hearing RE: Defendant Ngan Kim Ho's Motion To Reopen Case Pursuant To

U.S.C. 5010 And U.S.C. 350(b) (Motion filed 12/24/20)


Docket 34

*** VACATED *** REASON: CONTINUED TO MARCH 10, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO (1) CONTINUE HEARING ON MOTION TO REOPEN AND (2) EXTEND DEADLINES ENTERED 1-6-20201 - (DOCKET NO. [36])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kiet Tuan Tran Pro Se

Defendant(s):

Ngan Kim Ho Represented By

Phu D Nguyen

Movant(s):

Ngan Kim Ho Represented By

Phu D Nguyen

Plaintiff(s):

Weneta M.A. Kosmala Represented By Jeffrey I Golden Reem J Bello Ryan W Beall

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By

1:30 PM

CONT...


Kiet Tuan Tran


Reem J Bello


Chapter 7

1:30 PM

8:19-11749


Mike Basil Mike, III


Chapter 7

Adv#: 8:19-01166 Aerofund Holdings, Inc. v. Mike, III


#28.00


CONT'D PRE-TRIAL 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] (PTC set at S/C held 9/3/2020)


FR: 11-5-19; 3-3-30; 6-2-20; 9-3-20


Docket 7

*** VACATED *** REASON: OFF CALENDAR - ORDER ON STIPULATION FOR DISMISSAL ENTERED 12-11-2020 - (DOCKET NO. [45])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mike Basil Mike III Represented By

Marvin Maurice Oliver

Defendant(s):

Mike Basil Mike III Represented By

Marvin Maurice Oliver

Joint Debtor(s):

Erin Kate Mike Represented By

Marvin Maurice Oliver

Plaintiff(s):

Aerofund Holdings, Inc. Represented By

1:30 PM

CONT...


Trustee(s):


Mike Basil Mike, III


Ginger L Sotelo


Chapter 7

Weneta M Kosmala (TR) Pro Se

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#29.00


Hearing RE: Special Motion To Strike And Motion To Dismiss (Motion filed 11/13/2020)


Docket 96


Tentative Ruling:

Tentative for 1/20/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1606125913 Meeting ID: 160 612 5913

Password: 222845


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 612 5913

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Password: 222845


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

Filippo Marchino

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

1:30 PM

CONT...

Movant(s):


Eagan Avenatti, LLP


Chapter 7

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Filippo Marchino

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 Richard L Kellner

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 Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#30.00


Hearing RE: Motion For Sanctions (Motion filed 12/30/2020)


Docket 105


Tentative Ruling:

Tentative for 1/20/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1606125913 Meeting ID: 160 612 5913

Password: 222845


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 612 5913

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Password: 222845


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

Filippo Marchino

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

1:30 PM

CONT...

Movant(s):


Eagan Avenatti, LLP


Chapter 7

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Filippo Marchino

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 Richard L Kellner

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 Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#30.10


Hearing RE: Second Motion To Amend Complaint (Motion filed 12/29/2020)


Docket 102


Tentative Ruling:

Tentative for 1/20/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1606125913 Meeting ID: 160 612 5913

Password: 222845


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 612 5913

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Password: 222845


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

Filippo Marchino

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

1:30 PM

CONT...

Movant(s):


Eagan Avenatti, LLP


Chapter 7

Richard A. Marshack Represented By John P. Reitman D Edward Hays Richard L Kellner

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays Richard L Kellner

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 Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#31.00


CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint For Preliminary Injunction, Declaratory Judgment, Tortious Interference With Contractual Relations; Intentional Interference With Prospective Economic Advantage; Violation Of The Automatic Stay; And Further Relief (Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]

(Amended Complaint filed 10/26/2020)


FR: 8-4-20; 9-3-20; 9-10-20; 10-7-20; 10-21-20; 10-21-20


Docket 1


Tentative Ruling:

Tentative for 1/20/21 is to set a CONTINUED status conference on April 7, 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/1606125913 Meeting ID: 160 612 5913

Password: 222845


If a participant is unable to send and receive audio through his/her computer,

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 612 5913

Password: 222845


For further details, please consult the 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 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.


*************************************************************************** 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:

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7


Virtual appearances are required.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Filippo Marchino

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 Richard L Kellner

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack

1:30 PM

CONT...


Eagan Avenatti, LLP


John P. Reitman Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01152 Marshack v. Avenatti Carlin


#32.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/30/2020)

(Another Summons issued 11/2/2020)


Docket 1

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF DISMISSAL OF ADVERSARY PROCEEDING PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 7041 AND FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) FILED 1/18/2021 - (DOCKET NO. [7])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Christine Avenatti Carlin 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

1:30 PM

CONT...


Eagan Avenatti, LLP


David Wood Judith E Marshack John P. Reitman

Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01153 Marshack v. HPPW, LLC


#33.00


STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/30/2020)


Docket 1


Tentative Ruling:

Tentative for 1/20/21:


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


  1. Discovery cutoff: July 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: August 27, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: September 29, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606125913 Meeting ID: 160 612 5913

Password: 222845

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 612 5913

Password: 222845


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By

1:30 PM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman


Chapter 7

Defendant(s):

HPPW, LLC Represented By

Aditi Paranjpye

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 Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#34.00


CONT'D Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-cv-08313- JAK-JPR

(Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20; 1-6-21


Docket 212


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to February 18, 2021, at 1:30 p.m. A status report is due 14 days in advance.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


***************************************************************************** Tentative for 1/6/21 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*************************************************************************** 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:

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7


In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


The 11/18 hearing is hereby vacated; appearances will not be permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#35.00


CONT'D Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20; 1-6-21


Docket 219


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to February 18, 2021, at 1:30 p.m. A status report is due 14 days in advance.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


******************************************************************************** Tentative for 1/6/21 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*************************************************************************** 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:

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


The 11/18 hearing is hereby vacated; appearances will not be permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

1:30 PM

8:20-11056


Mershad Javan


Chapter 7


#36.00


Hearing RE: Motion For Order Disallowing Proof Of Claim: (Motion filed 5/15/2020)

(Case reassigned from CB on 7/31/2020)


Claim No. 1 James Gubersky $90,000.00 FR: 7-2-20; 9-29-20

Docket 20


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

1:30 PM

CONT...

Trustee(s):


Mershad Javan


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

1:30 PM

8:20-11056


Mershad Javan


Chapter 7


#37.00


Hearing RE: Motion For Order Disallowing Proof of Claim (Motion filed 5/14/2020)

(Case reassigned from CB on 7/31/2020)


Claim No. 2 Steven Norris $2,375,000.00


Docket 18


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

1:30 PM

8:20-11056


Mershad Javan


Chapter 7


#38.00


Hearing RE: Motion For Order Disallowing Proof of Claim: (Motion filed 5/12/20)

(Case reassigned from CB on 7/31/2020)


Claim No. 3 Steve Norris $2,400,000.00 FR: 7/2/20; 7/29/20


Docket 16


Tentative Ruling:

Tentative for 1/20/21:


This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with the Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

1:30 PM

CONT...


Mershad Javan


D Edward Hays David Brian Lally


Chapter 7

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#9.00


CONT. 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.


From: 12/15/20 EH            

Docket 280

*** VACATED *** REASON: CONTINUED TO 3/2/21 BY ORDER ENTERED ON 12/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#10.00


Farivar Law Firm, APC - movant attorney CONT. 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 From: 12/15/20

EH            


Docket 283

*** VACATED *** REASON: CONTINUED TO 3/2/21 BY ORDER ENTERED ON 12/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#11.00


Evidentiary 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            


From: 1/26/21


Docket 215

*** VACATED *** REASON: CONTINUED TO 3/2/20 @ 1:30 BY ORDER ENTERED ON 12/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Movant(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

10:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11

Adv#: 8:20-01127 Tiara Townhomes, LLC v. Jiang


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Actual And Constructive Fraudulent Transfers (Complaint filed 9/4/2020)


FR: 12-3-20


Docket 1

*** VACATED *** REASON: CONTINUED TO MARCH 11, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS HEARING ENTERED 1-19-2021 - (DOCKET NO. [10])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Defendant(s):

Degang Jiang Represented By Amy E Martinez

Plaintiff(s):

Tiara Townhomes, LLC Represented By David Wood

Matthew Grimshaw

11:00 AM

8:17-11743


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


#2.00


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

(Petition filed 5/1/17)


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

8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20;

7-16-20; 10-1-20; 11-5-20; 12-17-20


Docket 6

*** VACATED *** REASON: CONTINUED TO MARCH 25, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 1-5-2021 - (DOCKET NO. [396])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

11:00 AM

8:17-11743


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


#3.00


CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization

(D.S. filed 6/4/2020)

(First Amended D.S filed 7/30/2020)

(Plan Confirmation hearing set at D.S. hearing held 7/16/2020) (First Amended Plan filed 7/30/2020)


FR: 7/16/20; 10-1-20; 11-5-20; 12-17-20


Docket 357

*** VACATED *** REASON: CONTINUED TO MARCH 25, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 1-5-2021 - (DOCKET NO. [396])

Tentative Ruling:

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#5.10


CONT'D STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)

(Amended Order Entered 8/20/2020) FR: 10-8-20; 1-7-21

Docket 9

*** VACATED *** REASON: CONTINUED TO MARCH 11, 2021 AT 11:00 A.M. PER ORDER ON STIPULATION TO CONTINUE THE HEARING ON THE DEBTOR-IN-POSSESSION'S PLAN OF CONFIRMATION AND STATUS CONFERENCE ENTERED 1-15-2021 - (DOCKET NO. [94])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11

Adv#: 8:20-01158 BMO Harris Bank N.A. v. Todero


#6.00


STATUS CONFERENCE Hearing RE: Complaint Objecting To Dischargeability Of Debt Pursuant To 11 U.S.C Section 523(a)(4)

(Complaint filed 11/2/20)


Docket 1

*** VACATED *** REASON: CONTINUED TO MARCH 11, 2021 AT 11:00 A.M. PER ORDER GRANTING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 1-15-2021 - (DOCKET NO. [8])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Defendant(s):

Christopher Alexander Todero Represented By Anerio V Altman

Plaintiff(s):

BMO Harris Bank N.A. Represented By

Jennifer Witherell Crastz

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#7.00


Hearing RE: Motion For Order Authorizing Debtors To Obtain Second Unsecured Line Of Credit Pursuant To 11 U.S.C. Section 364(b) (Motion filed 12/24/2020)


Docket 146


Tentative Ruling:

Tentative for 1/21/21 is to GRANT authorization through and including February 18, 2021, and set a continued hearing date on February 18, 2021, at 11:00 a.m., to be heard concurrently with the continued cash collateral motion and other related matters. A status report shall be provided no later than 14 days prior to the continued hearing.


While the Motion [Dk. 146] requests authorization to borrow funds to cover expenses through and including March 21, 2021, the Court notes that the Reply [Dk. 168] requests authorization to cover expenses through and including February 18, 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/1611643929 Meeting ID: 161 164 3929

Password: 971164

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 164 3929

Password: 971164


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Timothy W Evanston

Golden Capital Venture LLC Pro Se

11:00 AM

8:20-13309


Richard Lawrence Spix


Chapter 11


#8.00


STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

(2) Requiring Status Report (Petition filed 11/30/2020)


Docket 11

*** VACATED *** REASON: OFF CALENDAR - CASE TRANSFERRED TO HONORABLE MARK S. WALLACE PER ORDER ENTERED 12-9-2020- (DOCKET NO. [15])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard Lawrence Spix Represented By Brett Ramsaur

9:30 AM

8:19-10153


Thomas Joseph Lynch, JR


Chapter 7

Adv#: 8:19-01069 OC West, LLC et al v. Lynch


#1.00


TRIAL 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)

(Trial set per PTC held 10-7-20)


FR: 7-3-19; 7-17-19; 10-2-19; 6-10-20; 7-15-20; 8-5-20; 10-7-20


[Tele. appr., Donald W. Reid, repr., OC West, LLC; Liberty Financial USA, LLC; Liberty Debt Solution]


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO APRIL 13, 2021 AT 9:30

A.M. PER ORDER APPROVING STIPULATION TO CONTINUE TRIAL DATE ENTERED 1-12-2021 - (DOCKET NO. [124])

Party Information

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

9:30 AM

CONT...


Thomas Joseph Lynch, JR


Donald W Reid


Chapter 7

Liberty Debt Solution, LLC Represented By Donald W Reid

Trustee(s):

Karen S Naylor (TR) Pro Se

10:00 AM

6:20-17434


Antonio Lugo and Carmen Cisneros De Lugo


Chapter 7


#1.00


Law Offices of Diane Weifenback - movant attorney Motion for Relief from Stay

21st Century vs. DEBTORS (Motion filed 1/11/21)


Re: 2005 Champion Manufactured Home located at 675 W. Oakland Ave., Hemet, CA


EH            


Docket 12


Tentative Ruling:

Tentative for 2/2/21:


Grant pursuant to § 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: 160 230 7428


Password: 468254

10:00 AM

CONT...


Antonio Lugo and Carmen Cisneros De Lugo


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Antonio Lugo Represented By James G. Beirne

Joint Debtor(s):

Carmen Cisneros De Lugo Represented By James G. Beirne

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-17946


Sonia Novoa De Alvarez


Chapter 7


#2.00


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

Exeter Finance LLC vs. DEBTOR, Robert Whitmore, trustee (Motion filed 1/7/21)


Re: 2016 Chevrolet Cruze, VIN: 1G1BE5SM3G7283611 EH     

Docket 10


Tentative Ruling:

Tentative for 2/2/21:


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 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: 160 230 7428


Password: 468254


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Sonia Novoa De Alvarez


Chapter 7

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Sonia Novoa De Alvarez Represented By Tristan L Brown

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-17117


Juan Rodriguez and Juana Rodriguez


Chapter 7


#2.10


Nussbaum APC - movant attorney


Motion in Individual Case for Order Confirming Termination of Stay under 11

U.S.C. 362(j) or That No Stay is in Effect under 11 U.S.C. 362(c)(4)(A)(ii) 5920 Calvin Avenue Tarzana, CA 91356


Magnum Property Investments, LLC vs. DEBTOR (OST entered on 1/25/21)

EH            


Docket 19


Tentative Ruling:

Tentative for 2/2/21:


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


Note: In light of the stipulation signed by Debtors on 1/21/21 [Dk. 18], this matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file an opposition or appear at the hearing, the Court will determine whether further 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: 160 230 7428

10:00 AM

CONT...


Juan Rodriguez and Juana Rodriguez


Chapter 7

Password: 468254


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Juan Rodriguez Represented By

Michael H Colmenares

Joint Debtor(s):

Juana Rodriguez Represented By

Michael H Colmenares

Trustee(s):

Charles W Daff (TR) Pro Se

11:00 AM

6:19-19625


Luis F Pottier


Chapter 7


#3.00


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


[Lynda Bui, chapter 7 trustee] [Fees; $1508.93; Expenses; $6.00)


EH     


Docket 23


Tentative Ruling:

Tentative for 2/2/21 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: 161 273 6652


Password: 798874


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Luis F Pottier


Chapter 7

Luis F Pottier Represented By

Julie J Villalobos

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:20-13592


Richard Anthony Castro


Chapter 7


#4.00


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

[Howard Grobstein, chapter 7 trustee] [Fees; $341.54; Expenses;


Docket 0


Tentative Ruling:

Tentative for 2/2/21 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: 161 273 6652

Password: 798874


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Richard Anthony Castro


Chapter 7

Richard Anthony Castro Represented By Suzette Douglas

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:15-12078


Orange County Nursery, Inc.


Chapter 11


#5.00


CONT Hrg. on Chapter 11 Status Conference From: 9/22/20,1/19/21

EH            


Docket 0


Tentative Ruling:

Tentative for 2/2/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1605840777 Meeting ID: 160 584 0777

Password: 1326441

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

Orange County Nursery, Inc.

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 584 0777


Password: 1326441


For further details, please consult the 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 9/22/20 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:

1:30 PM

CONT...


Orange County Nursery, Inc.


Chapter 11

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:


The Court has received and reviewed the Status Reports filed by Debtor [Dk. 1109] and Minority Voting Trust [Dk. 1110] on April 16, 2019. This matter is CONTINUED to August 13, 2019 at 1:30 p.m. A status report is due 14 days in advance.


Appearances are excused.


Debtor(s):


Party Information

Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

Arthur Gutierrez Longoria Tamar Terzian

1:30 PM

6:15-12078


Orange County Nursery, Inc.


Chapter 11


#6.00


Motion For Final Decree and Order Closing Case. and Related Relief EH            

Docket 1169


Tentative Ruling:

Tentative for 2/2/21 is to GRANT request for entry of final decree and order closing this case.


As to Movant's request directing Robert Veyna to provide passwords and other information to OCN's current president, Movant should be prepared to appear and explain to the Court the exact relief sought, why such relief is necessary, what the impact of the relief sought will be to all involved parties, and under what authority this Court can provide such requested relief.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605840777 Meeting ID: 160 584 0777

Password: 1326441


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

1:30 PM

CONT...


Orange County Nursery, Inc.


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 584 0777

Password: 1326441


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller

Arthur Gutierrez Longoria Tamar Terzian

1:30 PM

6:19-19296


John Paul Salvador


Chapter 7

Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


#7.00


CONT STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


From: 08/05/20,107/20,12/2/20


Docket 1


Tentative Ruling:

Tentative for 2/2/21 is to CONTINUE to April 6, 2021, at 1:30 p.m. A status report is due not later than 14 days in advance.


The Court has twice previously continued this matter to allow Plaintiff to rectify enumerated service defects which were detailed in the prior tentatives for the purposes of educating Plaintiff and instructing him how to remedy the issues. To date, for the reasons fully detailed in Defendants' Opposition ("Opposition") filed 1/19/21 [Dk. 40], Plaintiff has not yet been able to effectuate proper service.


The Court will continue this matter a third time to allow Plaintiff to address the deficiencies articulated in the Opposition. This will be the last time, and the Court will dismiss this action with prejudice if the proper service procedures are not followed. Plaintiff, as previously advised by the Court, is reminded that pro se litigants are not excused from complying with the same rules of procedure that govern other litigants. In re Clinton, 449 B.R. 79, 83 (9th Cir.

B.A.P. 2011).


Federal Rule of Bankruptcy Procedure 7004(e) requires that a summons and complaint be deposited in the mail within 7 days after the summons is issued. FRBP 7004(e). Proofs of Service filed 12/30/20 [Dks. 34 - 36], which do not contain holographic signatures as required by applicable rules, indicate that the most recent summons issued 12/22/20 [Dk. 33] was placed in the mail,

1:30 PM

CONT...


John Paul Salvador


Chapter 7

first class, postage prepaid, on 12/29/20, which was within 7 days of the issuance of the summons. The United States, however, has provided evidence in the Opposition that the envelope was sent via certified mail (and not first class mail), and was post-marked 12/30/20, and not 12/29/20.


Therefore, Plaintiff shall obtain a new summons no later than February 26, 2021, and facilitate proper service within the required time frame.


Separately, the Court has reviewed Plaintiff's Amended Motions to Deem Defendants Served filed 12/30/20 [Dks. 37 - 39] ("Motions"), and notes that the Motions do not comply with all applicable rules and procedures, including but not limited to LBR 9013-1(c)(2) (which requires that notice of a motion advise parties of, among other things, the contents of the motion and the deadline to oppose the motion). As such, Plaintiff's Motions are procedurally infirm and will be DENIED via separate order of the Court.


Appearances for the 2/2 hearing are excused.


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

1:30 PM

CONT...


John Paul Salvador


Chapter 7

Court Manual, which states the following:


Attorney General

United States Department of Justice Ben Franklin Station

P. O. Box 683 Washington, DC 20044


The 12/2 hearing is hereby vacated; therefore, no appearances shall be permitted.


**************************************************************************** Tentative for 10/7/20:


Having reviewed the Proof of Service of Summons filed 6/9/20 [Dk. 13], the Court notes that while Plaintiff sent the summons to the entity addresses identified in the Court Manual Register of Federal & State Government Unit Addresses, the service was not labeled (i.e., service was not specifically sent to the Civil Process Clerk and Attorney General) as listed in Court Manual Appendix D, Section 2.4.


Plaintiff shall obtain a new summons no later than November 1, 2020, and properly serve the entities. As a holding date, which is subject to change after a new summons is issued, the Court shall set a continued status conference of December 2, 2020, at 1:30 p.m. A status report is due 14 days in advance.


Appearances for the 10/7 hearing are excused.


*********************************************************************************** Tentative for 8/5/20 is to CONTINUE to October 7, 2020 at 1:30 p.m. A status report is due 14 days in advance.


Appearances for the 8/5 hearing are excused.

Party Information

Debtor(s):

John Paul Salvador Pro Se

1:30 PM

CONT...


John Paul Salvador


Chapter 7

Defendant(s):

United States Department of Justice Represented By

John D Ellis

Internal Revenue Service Represented By John D Ellis

United States Attorney Central Pro Se

Plaintiff(s):

John Paul Salvador Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

1:30 PM

6:20-11545


Fernando A Sanchez


Chapter 7

Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al


#8.00


CONT. 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)


From: 11/4/20 EH            

Docket 1


Tentative Ruling:

Tentative for 2/2/21:


This matter is CONTINUED to April 6, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved or taken off calendar, a status report is due 14 days in advance.


Plaintiff is to file a motion for default judgment by not later than March 12, 2021.


Appearances for the 2/2 hearing are excused.


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

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,

1:30 PM

CONT...


Fernando A Sanchez


Chapter 7

including dismissal of the action.


Appearances for the 11/4 hearing are excused.


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

Tentative for 8/19/20 is to CONTINUE to November 4, 2020 at 1:30 p.m. If the matter is not otherwise resolved and taken off calendar, a status report (unilateral or joint) will be due 14 days prior to the continued hearing.


Appearances for the 8/19 hearing are excused.

Party Information

Debtor(s):

Fernando A Sanchez Represented By A Mina Tran

Defendant(s):

Fernando A Sanchez Pro Se

Marisol Alba Topete Pro Se

Joint Debtor(s):

Marisol Alba Topete Represented By A Mina Tran

Plaintiff(s):

ALL NATIONS REALTY Represented By Omero Banuelos

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:20-11955


Jakob Jeremy Fite


Chapter 7

Adv#: 6:20-01113 Sarno et al v. Fite et al


#9.00


CONT STATUS CONFERENCE re: Complaint by John Sarno, Leslee Sarno against Jakob Jeremy Fite, Melissa Legaspi Fite - §523(a)(6)


(Cont. from 9/2/20 by order on main case 6:20-11955-SC, doc. 30)


EH            


Docket 1


Tentative Ruling:

Tentative for 2/2/21:


This matter is CONTINUED to November 2, 2021, at 1:30 p.m. A status report, detailing the status of the action pending in State Court, is due 14 days in advance.


Appearances for the 2/2 hearing are excused.

Party Information

Debtor(s):

Jakob Jeremy Fite Represented By Glenn Park

Defendant(s):

Jakob Jeremy Fite Pro Se

Melissa Legaspi Fite Pro Se

Joint Debtor(s):

Melissa Legaspi Fite Represented By Glenn Park

1:30 PM

CONT...


Jakob Jeremy Fite


Chapter 7

Plaintiff(s):

John Sarno Represented By

Chad A Vierra

Leslee Sarno Represented By

Chad A Vierra

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

8:20-13357


Rachel Victoria Stewart


Chapter 7


#1.00


Motion for relief from stay [Personal Property]


Honda Lease Trust vs. DEBTOR (Motion filed 12/30/2020)


[RE: 2018 Honda Cr-V - VIN No.: 2HKR W5H3 2JH4 17545]


Docket 9

Party Information

Debtor(s):

Rachel Victoria Stewart Represented By Kevin Hahn

Movant(s):

Honda Lease Trust Represented By Vincent V Frounjian

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:20-12696

Robert Louis Godley and Stacy Ann Godley

Chapter 7

#2.00


CONT'D Motion for relief from stay [Personal Property]


SchoolsFirst Federal Credit Union vs. DEBTORS (Motion filed 12/9/2020)


[RE: 2012 GMC Yukon XL1500 - VIN No.: 1GKS1MEF6CR16280]


FR: 1-6-21


Docket 14


Debtor(s):

*** VACATED *** REASON: OFF CALENDAR - PER ORDER GRANTING MOTION FOR RELIEF - (SETTLED BY STIPULATION) - ORDER ENTERED 1-14-2021 - (DOCKET NO. [21])

Party Information

Robert Louis Godley Represented By Robert P Taylor

Joint Debtor(s):

Stacy Ann Godley Represented By Robert P Taylor

Movant(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

Trustee(s):

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:20-11643


James A. Trent


Chapter 7


#2.10


Hearing RE: Amended Chapter 7 Trustee's Motion For Turnover Of Property Of The Estate And Objection To Debtor's Claim Of Exemption

(Amended motion filed 1/19/2021)


Docket 108

*** VACATED *** REASON: CONTINUED TO MARCH 3, 2021 AT 11:00 A.M. PER NOTICE OF HEARING FILED 1-21-2021 - (DOCKET NO. [113])

Party Information

Debtor(s):

James A. Trent Represented By Christine A Kingston

Movant(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall

11:00 AM

8:16-12589

Andrea Steinmann Downs

Chapter 7

#3.00


Hearing RE: Motion Of Bosley Till LLP fka Bosley Till Neue & Talerico LLP For Allowance And Payment Of Its Chapter 11 Section 503(b) Administrative Expense Claim - $154,411.00

(Motion filed 7/10/2020)

(Order Setting Hearing Entered 12/2/2020)


Docket 920


Debtor(s):

*** VACATED *** REASON: CONTINUED TO MARCH 3,2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO EXTEND DEADLINES AND TO CONTINUE HEARING ON MOTIONS ENTERED 1-12-2021 - (DOCKET NO. [1021])

Party Information

Andrea Steinmann Downs Pro Se

Movant(s):

Bosley Till Neue & Talerico LLP Represented By

James E Till

Bosley Till Neue & Talerico LLP Represented By

James E Till

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#4.00


Hearing RE: Motion For Allowance And Payment Of Administrative Claim Of Norio, Inc. In The Amount Of $50,000.00

(Motion filed 1/5/2021)


Docket 1007


Debtor(s):

*** VACATED *** REASON: CONTINUED TO MARCH 3,2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO EXTEND DEADLINES AND TO CONTINUE HEARING ON MOTIONS ENTERED 1-12-2021 - (DOCKET NO. [1021])

Party Information

Andrea Steinmann Downs Pro Se

Movant(s):

Norio, Inc. Represented By

Eric S Pezold Marshall J Hogan Jener N Sakiri Mark D Johnson

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#5.00


Hearing RE: Motion for Allowance And Payment Of Administrative Claim Pursuant To 11 U.S.C. Section 503(b)(1)(A) In The Amount Of $74,722.00 (Motion filed 1/6/2021)


Docket 1010


Debtor(s):

*** VACATED *** REASON: CONTINUED TO MARCH 3,2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO EXTEND DEADLINES AND TO CONTINUE HEARING ON MOTIONS ENTERED 1-12-2021 - (DOCKET NO. [1021])

Party Information

Andrea Steinmann Downs Pro Se

Movant(s):

Pamela Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

David Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

Hausman Holdings, LLC Represented By Jeffrey M Goldman Alan J Kessel

11:00 AM

CONT...


Trustee(s):


Andrea Steinmann Downs


Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur


Chapter 7

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#6.00


Hearing RE: Motion For Allowance And Payment Of Administrative Expense Claim Pursuant To 11 U.S.C. Sections 503(b)(3)(D) And 503(b)(4) In The Amount Of $531,645.08

(Motion filed 1/6/2021)


Docket 1011


Debtor(s):

*** VACATED *** REASON: CONTINUED TO MARCH 3,2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO EXTEND DEADLINES AND TO CONTINUE HEARING ON MOTIONS ENTERED 1-12-2021 - (DOCKET NO. [1021])

Party Information

Andrea Steinmann Downs Pro Se

Movant(s):

Pamela Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

David Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

Hausman Holdings, LLC Represented By Jeffrey M Goldman Alan J Kessel

11:00 AM

CONT...


Trustee(s):


Andrea Steinmann Downs


Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur


Chapter 7

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01031 Marshack v. Sotiris, LLC


#7.00


CONT'D Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Sotiris, LLC

(Motion filed 11/6/2020) FR: 12-2-20

Docket 16

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Sotiris, LLC Pro Se

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

1:30 PM

CONT...


Luminance Recovery Center, LLC


Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello


Chapter 7

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01031 Marshack v. Sotiris, LLC


#8.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]

(Complaint filed 3/20/2020)


FR: 6-10-20; 8-19-20; 10-21-20; 12-2-20


Docket 1

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Sotiris, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops

1:30 PM

CONT...


Luminance Recovery Center, LLC


Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello


Chapter 7

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01033 Marshack v. 27 Diamonds


#9.00


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

  1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)

(PTC set at S/C held 7/15/2020)


FR: 6-10-20; 7-15-20; 8-19-20; 12-2-20


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO APRIL 7, 2021 AT 1:30

P.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRETRIAL CONFERENCE AND EXTEND ANY UPCOMING RELATED DEADLINES ENTERED 1-8-2021 - (DOCKET NO. [25])

Party Information

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

1:30 PM

CONT...


Luminance Recovery Center, LLC


David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack


Chapter 7

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC


#10.00


CONT'D Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Exclusive Fitness, LLC

(Motion filed 11/6/2020) FR: 12-2-20

Docket 18

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Exclusive Fitness, LLC Pro Se

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

1:30 PM

CONT...


Luminance Recovery Center, LLC


Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello


Chapter 7

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC


#11.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

  3. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)


FR: 6-10-20; 8-19-20; 10-21-20; 12-2-20


Docket 1

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Exclusive Fitness, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden

1:30 PM

CONT...


Luminance Recovery Center, LLC


Beth Gaschen Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello


Chapter 7

1:30 PM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01198 Moersch v. Zahedi


#12.00


Hearing RE: Order Directing Plaintiff, Carlo Moersch, To Appear And Show Cause Why The Case Should Not Be Dismissed With Prejudice

(Ser per OSC Entered 12/2/2020)


Docket 43

*** VACATED *** REASON: OFF CALENDAR PER ORDER VACATING ORDER TO SHOW CAUSE ENTERED 1-28-2021 - (DOCKET NO. [55])

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Carlo Moersch Represented By Jeffrey D Schreiber

Trustee(s):

Richard A Marshack (TR) Pro Se

1:30 PM

8:19-12414

Charles S Zahedi

Chapter 7

Adv#: 8:19-01198 Moersch v. Zahedi

#13.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt: (1) False Pretenses, False Representation, Fraud

(11 U.S.C. Section 523(a)(2)(A)( and (2) Wilful And Malicious Injury (11 U.S.C. Section 523(a)(6))

(Complaint filed 9/30/19)

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


FR: 12-18-19; 7-1-20; 8-5-20; 9-23-20; 12-2-20


Docket 1

*** VACATED *** REASON: CONTINUED TO FEBRUARY 17, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION OF THE PARTIES TO CONTINUE PRETRIAL CONFERENCE ENTERED 1-19-2021 - (DOCKET NO. [53])

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Carlo Moersch Represented By Jeffrey D Schreiber

Trustee(s):

Richard A Marshack (TR) Pro Se

1:30 PM

8:19-13560

Eagan Avenatti, LLP

Chapter 7

Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost

#14.00


Hearing RE: Plaintiff/Trustee's Motion To Limit Defendant Foster Garvey's Subpoena To Third-Party Jason M. Frank

(Motion filed 12/30/2020)

[Adversary Case transferred from CB on 7/31/2020]


Docket 59

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Movant(s):

Richard A. Marshack Represented By Jack A. Reitman

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

CONT...


Eagan Avenatti, LLP


Tinho Mang


Chapter 7

1:30 PM

8:18-14425


Wallace Raymond Steffen, Jr


Chapter 7

Adv#: 8:19-01107 Steffen v. Steffen, Jr.


#15.00


CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)


FR: 6-10-20; 7-1-20; 9-30-20; 11-4-20


Docket 22

Party Information

Debtor(s):

Wallace Raymond Steffen Jr Represented By Anerio V Altman

Defendant(s):

Wallace Raymond Steffen Jr. Represented By Anerio V Altman

Movant(s):

Linda Steffen Represented By Christopher J Langley

Plaintiff(s):

Linda Steffen Represented By Christopher J Langley

Trustee(s):

Richard A Marshack (TR) Represented By

Misty A Perry Isaacson

1:30 PM

8:18-14425


Wallace Raymond Steffen, Jr


Chapter 7

Adv#: 8:19-01107 Steffen v. Steffen, Jr.


#16.00


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

[11 U.S.C. Section 523(a)(4)]

(Complaint filed 6/4/19)


FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20; 6-10-20 at 10:00; 6-10-20; 7-1-20;

9-30-20; 11-4-20


Docket 1

Party Information

Debtor(s):

Wallace Raymond Steffen Jr Represented By Anerio V Altman

Defendant(s):

Wallace Raymond Steffen Jr. Represented By Anerio V Altman

Plaintiff(s):

Linda Steffen Represented By Christopher J Langley

Trustee(s):

Richard A Marshack (TR) Represented By

Misty A Perry Isaacson

9:30 AM

8:20-11056


Mershad Javan


Chapter 7


#1.00


CONT'D Hearing RE: Application By Chapter 7 Trustee Richard Marshack To Employ The Law Office Of David B. Lally As Special Litigation Counsel For Chapter 7 Trustee Nunc Pro Tunc

(Set per Notice of Hearing filed 12/29/2020) FR: 1-20-21

Docket 200

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 2-2-2021 - [DOCKET NO. [259]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

9:30 AM

8:20-11056


Mershad Javan


Chapter 7


#2.00


CONT'D Hearing RE: Motion For Order Disallowing Proof Of Claim: (Motion filed 5/15/2020)

(Case reassigned from CB on 7/31/2020)


Claim No. 1 James Gubersky $90,000.00 FR: 7-2-20; 9-29-20; 1-20-21

Docket 20

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 2-2-2021 - [DOCKET NO. [259]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

9:30 AM

8:20-11056


Mershad Javan


Chapter 7


#3.00


CONT'D Hearing RE: Motion For Order Disallowing Proof of Claim (Motion filed 5/14/2020)

(Case reassigned from CB on 7/31/2020)


Claim No. 2 Steven Norris $2,375,000.00 FR: 1-20-21

Docket 18

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 2-2-2021 - [DOCKET NO. [259]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

9:30 AM

8:20-11056


Mershad Javan


Chapter 7


#4.00


CONT'D Hearing RE: Motion To Convert Chapter 7 Case To Subchapter V Chapter 11 Case

(Motion filed 1/13/2021) FR: 2-4-21 at 10:00 a.m.

Docket 238

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 2-2-2021 - [DOCKET NO. [259]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

9:30 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Marshack v. Javan et al


#5.00


CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)

[Adversary transferred from CB on 7/31/2020]


[FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20; 11-5-20; 1-20-21


Docket 4

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 2-2-2021 - [DOCKET NO. [55]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

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):

Mershad Javan Represented By

9:30 AM

CONT...


Mershad Javan


Leslie A Cohen


Chapter 7

Plaintiff(s):

Richard Marshack Represented By David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

9:30 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Marshack v. Javan et al


#6.00


CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:

  1. Avoid And Recover Fraudulent Transfers;

  2. Obtain Declaratory Relief As To Ownership Of Property;

  3. Turnover Of Property;

  4. Authorize Sale Of Real Property; And

  5. For Declaratory Relief (Complaint filed 4/18/2020)

[Adversary transferred from CB on 7/31/2020]


FR: 7-7-20; 9-30-20; 11-5-20; 1-20-21


Docket 1

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 2-2-2021 - [DOCKET NO. [55]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan 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

9:30 AM

CONT...


Mershad Javan


Chapter 7

Plaintiff(s):

Richard Marshack Pro Se

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

9:30 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01085 Norris et al v. Javan


#7.00


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

[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]

(Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]


FR: 8-4-20; 8-19-20; 9-30-20; 11-5-20; 1-20-21


Docket 1

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 2-2-2021 - [DOCKET NO. [30]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

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) Represented By

9:30 AM

CONT...


Mershad Javan


D Edward Hays David Brian Lally


Chapter 7

10:00 AM

8:20-11056


Mershad Javan


Chapter 7


#8.00


Hearing RE: Motion To Convert Chapter 7 Case To Subchapter V Chapter 11 Case

(Motion filed 1/13/2021)


Docket 238

*** VACATED *** REASON: ADVANCED TO FEBRUARY 4, 2021 AT 9:30 A.M. PER NOTICE OF CHANGE OF HEARING TIME FILED 1-15-

2021 - (DOCKET NO. [241])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

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


#9.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;

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


    FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20; 7-16-20; 8-20-20; 10-22-20; 12-17-20


    Docket 1


    Tentative Ruling:

    Tentative for 2/4/21:


    This matter is CONTINUED to April 8, 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.


    Appearances for the 2/4 hearing are excused.


    **************************************************************************** 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.

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11


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

    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.


    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

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Chapter 11

    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.


    Appearances are excused.


    Debtor(s):


    Party Information

    WJA Asset Management LLC Represented By

    Lei Lei Wang Ekvall

    11:00 AM

    CONT...


    WJA Asset Management LLC


    Robert S Marticello Michael Simon Philip E Strok

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


    Chapter 11

    Defendant(s):

    Suneet Singal Pro Se

    First Capital Real Estate Pro Se

    Stephen Howell Pro Se

    Central Valley Gas Stations Atwater Pro Se

    Plaintiff(s):

    TD REO Fund, LLC Represented By Michael W Davis Corey R Weber

    TD Opportunity Fund, LLC Represented By Michael W Davis Corey R Weber

    11:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7


    #10.00


    CONT'D 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)

    [Affects Ruby's Diner, Inc. ONLY]


    [RE: GLASSRATNER ADVISORY & CAPITAL GROUP, LLC - Financial

    Advisor For The Debtor]

    [Fees: $864,308.50; Expenses: $1,379.01]


    FR: 12-17-20


    Docket 936


    Tentative Ruling:

    Tentative for 2/4/21 is to APPROVE as requested by the Amended Application filed 2/2/21 [Dk. 1015].


    Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further 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: 160 586 3840


    Password: 332211


    Parties making telephonic appearances are reminded to have all relevant

    11:00 AM

    CONT...


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    filings/information easily accessible during the hearing. Movant to lodge an order within seven (7) days.

    ******************************************************************************* Tentative for 12/17/20 is to CONTINUE to February 4, 2021, at 11:00 a.m. to allow Applicant to file an amended application which addresses the following:


    1. On Pg. 11, the application appears to contain duplicative narrative summaries for the section entitled "13. Category 120 'Data Analysis.'"


    2. Pg. 12 is missing from the application. Accordingly, the Court is not provided the opportunity to evaluate the narrative summary pertaining to the section entitled "14. Category 130 'Litigation.'"


    3. The time entries located at Exhibit A are too small for the Court to review.


    4. A client declaration must be filed in support of the fee application pursuant to LBR 2016-1(a)(1)(J).


Applicant is advised to file a supplement which addresses the foregoing by not later than January 14, 2021, with a client declaration due by not later than January 21, 2021.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

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

11:00 AM

CONT...

Trustee(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:19-11889


Invensure Insurance Brokers, Inc.


Chapter 11


#11.00


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

Management Conference And (2) Requiring Status Report (Petition filed 5/16/19)


FR: 7-18-19; 11-7-19; 3-12-20; 5-14-20; 5-28-20; 10-1-20


Docket 10

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR FINAL DECREE, CLOSING CASE, AND VACATING HEAIRNG ENTERED 12-31-2020 - (DOCKET NO. [338])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Invensure Insurance Brokers, Inc. Represented By

Carol Chow

11:00 AM

8:20-11963


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11


#12.00


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

(Petition filed 7/10/2020) FR: 9-3-20; 12-17-20


Docket 8


Tentative Ruling:

Tentative for 2/4/21:


The Court will most likely deny the request for a further extension of Debtor's deadline to file a plan of reorganization and disclosure statement. This Court previously extended Debtor's deadline to file a plan of reorganization and disclosure statement to January 29, 2021, and warned Debtor that further continuances of that deadline would not be granted. Debtor's Status Report filed 1/21/21 [Dk. 74] requests a 60 day continuance of that deadline. Further, the Court notes that Debtor filed a combined Disclosure Statement and Plan on January 28, 2021 [Dk. 79] (with no hearing date set).


The Court will set a continued status conference date of April 29, 2021 at 11:00 a.m., with a status report 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.

11:00 AM

CONT...


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11

Videoconference URL: https://cacb.zoomgov.com/j/1605863840 Meeting ID: 160 586 3840

Password: 332211

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 586 3840

Password: 332211


For further details, please consult the 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 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

11:00 AM

CONT...


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11

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.


****************************************************************************** Tentative for 9/3/20:


This is a single asset real estate Chapter 11. The Court is inclined to set the following dates/deadlines:


  1. Deadline to file Plan and D.S. - October 8, 2020


  2. Deadline to serve Plan and D.S. - September 15, 2020


  3. Proof of Claims Deadline - November 15, 2020

  4. Deadline to file Objections to Claims - January 15, 2021 Virtual appearances are required.

Party Information

Debtor(s):

TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#13.00


Motion for relief from stay [Real Property]


Wells Fargo Bank, National Association, As Trustee For The Benefit Of The Holders Of Morgan Stanley Capital I Trust 2015-UBS8, Commercial Mortgage Pass-Through Certificates, Series 2015-UBS8 vs. DEBTOR

(Motion filed 1/6/2021)


[RE: 7762 Beach Boulevard, Buena Park, Orange County, California 90620]


Docket 153

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 11:00 A.M. PER SCHEDULING ORDER ON: (1) MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. SECTION 362 [DOCKET NO. [153], AND (2) CHAPTER 11 STATUS CONFERENCE

ENTERED 1-8-2021 - (DOCKET NO. [160]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

8:20-13447


Jump Westminster, LLC


Chapter 11


#14.00


STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

  1. Requiring Status Report (Petition filed 12/18/2020)


    Docket 13


    Tentative Ruling:

    Tentative for 2/4/21:


    Virtual appearances are required.


    As of the posting of this tentative, a status report, with a line item budget, and supporting declaration, has not been filed as required by the Order Setting Initial Status Conference entered December 22, 2020 [Dk. 13] ("Order").

    Moreover, the docket does not reflect that a copy of the Order was served on the 20 largest unsecured creditors, all secured creditors, and the U.S. Trustee, as required by the Order. Further, the Order advises that the failure of Debtor to file a status report may result in the appointment of a Chapter 11 Trustee, dismissal, or conversion of this case.


    Accordingly, the Court will set a continued status conference and issue an order to show cause why the case should not be dismissed or converted, both to be heard on March 25, 2021 at 11:00 a.m. Any opposition to the order to show cause, as well as a status report, must be filed by March 11, 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.

    11:00 AM

    CONT...


    Jump Westminster, LLC


    Chapter 11


    Videoconference URL: https://cacb.zoomgov.com/j/1605863840 Meeting ID: 160 586 3840

    Password: 332211

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 586 3840

    Password: 332211


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Jump Westminster, LLC Represented By Michael G York


    Friday, February 12, 2021 Hearing Room 5C


    10:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7

    Adv#: 8:17-01235 Hausman Holdings, LLC et al v. Downs


    #1.00


    Hearing RE: Order For Judgment Debtor Andrea S. Downs To Appear For Examination

    (Set per Order Entered 1/19/2021)


    Docket 0


    Party Information

    Debtor(s):

    Andrea Steinmann Downs Pro Se

    Defendant(s):

    Andrea S. 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

    Riverside

    Judge Scott Clarkson, Presiding Courtroom 126 Calendar


    Tuesday, February 16, 2021

    Hearing Room

    126


    11:00 AM

    6:19-18738


    Jorge Cervantes, Jr.


    Chapter 7


    #1.00


    Hrg. on Chapter 7 Trustee's Motion for Order Approving Turnover of Property of the Estate (Tax Refunds and Real Property)


    EH            


    Docket 27

    *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED BY TRUSTEE ON 2/2/21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jorge Cervantes Jr. Represented By Neil R Hedtke

    Trustee(s):

    Lynda T. Bui (TR) Pro Se


    Tuesday, February 16, 2021 Hearing Room


    1:30 PM

    6:12-28006


    City of San Bernardino, California


    Chapter 9

    Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


    #2.00


    Pre-Trial Conference re: Objection filed 7/25/19 to Claims of Placo San Bernardino, LLC (Proof of Claim No. 203)


    EH            


    Docket 0

    *** VACATED *** REASON: ORDER DISMISSING ADVERSARY CASE ENTERED 1/12/21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    City of San Bernardino, California Represented By

    Paul R. Glassman Fred Neufeld Laura L Buchanan

    Defendant(s):

    City of San Bernardino Represented By Paul R. Glassman

    Plaintiff(s):

    PLACO SAN BERNARDINO, Represented By Raymond B Kim

    1:30 PM

    6:12-28006


    City of San Bernardino, California


    Chapter 9

    Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San


    #3.00


    CONT Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings


    From: 9/22/20,11/3/20,12/15/20


    EH            


    Docket 15

    *** VACATED *** REASON: ORDER DISMISSING ADVERSARY CASE ENTERED 1/12/21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    City of San Bernardino, California Represented By

    Paul R. Glassman Fred Neufeld Laura L Buchanan

    Defendant(s):

    City of San Bernardino Represented By Paul R. Glassman

    Movant(s):

    City of San Bernardino Pro Se

    City of San Bernardino Represented By Paul R. Glassman

    Plaintiff(s):

    PLACO SAN BERNARDINO, Represented By

    1:30 PM

    CONT...


    City of San Bernardino, California


    Raymond B Kim


    Chapter 9

    1:30 PM

    6:18-14917


    Hao Wang


    Chapter 7

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


    #4.00


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


    From: 9/2/20 EH            


    Docket 1

    *** VACATED *** REASON: ORDER APPROVING STIPULATION TO DISMISS ADVERSARY ENTERED ON 2/11/21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Hao Wang Represented By

    Sam X J Wu

    Defendant(s):

    Hao Wang Pro Se

    Plaintiff(s):

    United States Trustee for the Central Represented By

    Everett L Green Abram Feuerstein esq

    Trustee(s):

    Arturo Cisneros (TR) Represented By Thomas H Casey

    1:30 PM

    6:19-13251


    David Henry Hilton, Jr.


    Chapter 7

    Adv#: 6:19-01110 Redd v. Hilton, Jr.


    #5.00


    CONT PRE-TRIAL CONFERENCE re: Complaint by LaToya S Redd against David Henry Hilton Jr.. - 727, 523(a)(2)


    EH            


    From: 12/16/20


    Docket 1

    *** VACATED *** REASON: JUDGMENT ENTERED 10/23/20 - jc

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    David Henry Hilton Jr. Pro Se

    Defendant(s):

    David Henry Hilton Jr. Pro Se

    Plaintiff(s):

    LaToya S Redd Represented By LaToya Redd

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    1:30 PM

    6:20-16339


    Catherine Macknally


    Chapter 7

    Adv#: 6:20-01186 Simons (TR) v. Macknally


    #6.00


    STATUS CONFERENCE re: Complaint by Larry D Simons (TR) against Catherine Macknally - 727(c),(d),(e)


    EH     


    Docket 1


    Tentative Ruling:

    Tentative for 2/16/21:


    This matter is CONTINUED to April 27, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


    The Court notes that, as of the posting of this tentative, no status report has been filed, despite the requirements contained in LBR 7016-1 and the Court's Early Meeting of Counsel and Status Conference Instructions issued 12/1/20 [Dk. 2]. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


    Additionally, Plaintiff is required to file a motion for default judgment by not later than March 26, 2021.


    Appearances for the 2/16 hearing are excused.

    Party Information

    Debtor(s):

    Catherine Macknally Represented By Natalie A Alvarado

    Defendant(s):

    Catherine Macknally Pro Se

    1:30 PM

    CONT...


    Catherine Macknally


    Chapter 7

    Plaintiff(s):

    Larry D Simons (TR) Pro Se

    Trustee(s):

    Larry D Simons (TR) Pro Se

    1:30 PM

    6:19-17085


    O'Linn Security Incorporated


    Chapter 11


    #7.00


    CONT Post-Confirmation Status Conference EH            

    From: 9/22/20


    Docket 0


    Tentative Ruling:

    Tentative for 2/16/21 is to CONTINUE to May 4, 2021, at 1:30 p.m. A post- confirmation status report is due not later than 14 days in advance of the continued hearing.


    The post-confirmation status report required to be filed by not later than 14 days in advance of the 2/16 hearing was late filed on 2/4/21 [Dk. 407] (two days after the deadline). The Court will excuse the non-compliance in this instance, but notes that future failure to timely file a post-confirmation status report may result in dismissal or conversion, in accordance with LBR

    3020-1(c).


    Appearances for the 2/16 hearing are excused.


    ****************************************************************************** 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.

    Party Information

    1:30 PM

    CONT...

    Debtor(s):


    O'Linn Security Incorporated


    Chapter 11

    O'Linn Security Incorporated Represented By Steven R Fox

    W. Sloan Youkstetter Everett L Green

    1:30 PM

    6:20-11096


    Ronald Ward Komers


    Chapter 11


    #8.00


    CONT. Hrg. on Adequacy of Debtor's Disclosure Statement Describing Chapter 11 Plan of Reorganization


    From: 1/5/21 EH            

    Docket 0


    Tentative Ruling:

    Tentative for 2/16/21 is to set a continued hearing on April 6, 2021, at 1:30

    p.m. A status report shall be due at least 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/1619148468 Meeting ID: 161 914 8468

    Password: 111457

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    1:30 PM

    CONT...

    Ronald Ward Komers

    Chapter 11

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 914 8468


    Password: 111457


    For further details, please consult the 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 1/5/21 is to APPROVE, provided that Debtor can provide the Court with an adequate explanation of the feasibility of the plan.


    "[W]here a plan is on its face nonconfirmable, as a matter of law, it is appropriate for the court to deny approval of the disclosure statement describing the nonconfirmable plan." In re Silberkraus, 253 B.R. 890, 899 (Bankr.C.D.Cal.2000).


    Virtual appearances are required.

    Party Information

    Debtor(s):

    Ronald Ward Komers Represented By Matthew D. Resnik

    Roksana D. Moradi-Brovia

    1:30 PM

    6:20-11096


    Ronald Ward Komers


    Chapter 11


    #9.00


    Debtor's Motion filed 1/25/21 to Continue Deadline for Debtor to File His Amended Disclosure Statement Describing Amended Chapter 11 Plan of Reorganization and Amended Chapter 11 Plan of Reorganization


    EH            


    Docket 184


    Tentative Ruling:

    Tentative for 2/16/21 is to GRANT and set March 16, 2021 as the continued deadline for Debtor to file a plan and D.S., on condition that Debtor can provide the Court with further explanation for why Debtor was unable to amend its plan and D.S. in advance of the anticipated property sale.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1619148468 Meeting ID: 161 914 8468

    Password: 111457


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    1:30 PM

    CONT...


    Ronald Ward Komers


    Chapter 11


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 914 8468

    Password: 111457


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Ronald Ward Komers Represented By Matthew D. Resnik

    Roksana D. Moradi-Brovia

    Movant(s):

    Ronald Ward Komers Represented By Matthew D. Resnik Matthew D. Resnik

    Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia

    1:30 PM

    6:20-11096


    Ronald Ward Komers


    Chapter 11


    #10.00


    CONT Hrg. on Chapter 11 Status Conference EH            

    From: 9/29/20, 10/20/20,12/15/20,1/5/21


    Docket 0


    Tentative Ruling:

    Tentative for 2/16/21 is to set a continued status conference on April 6, 2021, at 1:30 p.m. A status report shall be due at least 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/1619148468 Meeting ID: 161 914 8468

    Password: 111457

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    1:30 PM

    CONT...

    Ronald Ward Komers

    Chapter 11

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 914 8468


    Password: 111457


    For further details, please consult the 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 12/15/20 is to CONTINUE to January 5, 2021, at 1:30 p.m., to be heard concurrently with the hearing on the adequacy of Debtor's Disclosure Statement. A status report is due 14 days in advance.


    The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    Party Information

    Debtor(s):

    Ronald Ward Komers Represented By Matthew D. Resnik

    Roksana D. Moradi-Brovia

    1:30 PM

    6:20-10700


    Javier A Garcia Hernandez


    Chapter 7

    Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.


    #37.00


    CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay and Violation of Section 19719 of the Cal. Rev. and Tax Code


    From: 11/4/20,12/16/20 EH             

    Docket 1

    *** VACATED *** REASON: CONTINUED TO 3/2/21 @ 1:30 P.M. BY ORDER ENTERED 12/21/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Javier A Garcia Hernandez Represented By

    George C Panagiotou

    Defendant(s):

    Curacao, LTD A California Limited Pro Se Southwest Law Group PC Pro Se

    Ramy Wasef Shoukry Pro Se

    Joint Debtor(s):

    Tatiana Ferrufino Represented By

    George C Panagiotou

    Plaintiff(s):

    Tatiana Ferrufino Represented By

    1:30 PM

    CONT...


    Trustee(s):


    Javier A Garcia Hernandez


    George C Panagiotou Stephan A Hoover


    Chapter 7

    Larry D Simons (TR) Pro Se

    9:30 AM

    8:20-12922


    Deborah Ann Depaola


    Chapter 7


    #1.00


    Hearing RE: Pro Se Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc.

    (Motion filed 1/8/2021)

    [TA CASE]


    [RE: 14 Mercedes C-Class - Amount: $20,072.37] [VIN No: WDDGF4HB6EA947206]


    Docket 8


    Tentative Ruling:

    Tentative for 2/17/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1616495531 Meeting ID: 161 649 5531

    Password: 946665


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    9:30 AM

    CONT...


    Deborah Ann Depaola


    Chapter 7


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 649 5531

    Password: 946665


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Deborah Ann Depaola Represented By William P Mullins

    Trustee(s):

    Karen S Naylor (TR) Pro Se

    9:30 AM

    8:20-13001


    Luis Armenta and Maria Teresa Armenta


    Chapter 7


    #2.00


    Hearing RE: Motion For Approval Of Reaffirmation Agreement With Financial Partners Credit Union

    (Motion filed 1/15/2021)

    [TA CASE]


    [RE: 2017 Honda CRV - Amount: $19,124.00] [VIN No: 2HKRW1H52HH501188]


    Docket 20


    Tentative Ruling:

    Tentative for 2/17/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1616495531 Meeting ID: 161 649 5531

    Password: 946665


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    9:30 AM

    CONT...


    Luis Armenta and Maria Teresa Armenta


    Chapter 7

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 649 5531

    Password: 946665


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Luis Armenta Represented By Arlene M Tokarz

    Joint Debtor(s):

    Maria Teresa Armenta Represented By Arlene M Tokarz

    Movant(s):

    Maria Teresa Armenta Represented By Arlene M Tokarz

    Trustee(s):

    Weneta M.A. Kosmala (TR) Pro Se

    9:30 AM

    8:20-13172


    Teresa Marie Aragona


    Chapter 7


    #3.00


    Hearing RE: Reaffirmation Agreement Between Debtor And Capital One Auto Finance, A Division Of Capital One, N.A.

    (Motion filed 1/25/2021)

    [ES CASE]


    [RE: 2015 Kia Sorento Utility 4D LX 2WD - Amount: $11,801.27] [VIN No: 5XYKT4A6XFG599969]


    Docket 12


    Tentative Ruling:

    Tentative for 2/17/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1616495531 Meeting ID: 161 649 5531

    Password: 946665


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    9:30 AM

    CONT...


    Teresa Marie Aragona


    Chapter 7

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 649 5531

    Password: 946665


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Teresa Marie Aragona Represented By Brian J Soo-Hoo

    Trustee(s):

    Karen S Naylor (TR) Pro Se

    9:30 AM

    8:20-13358


    Muhammad Faisal Taqi


    Chapter 7


    #4.00


    Hearing RE: Pro Se Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation

    (Motion filed 1/21/2021)

    [ES CASE]


    [RE: 2018 Toyota Corolla - Amount: $11,534.33] [VIN No.: 5YFBURHE7JP821783]


    Docket 14


    Tentative Ruling:

    Tentative for 2/17/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1616495531 Meeting ID: 161 649 5531

    Password: 946665


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    9:30 AM

    CONT...


    Muhammad Faisal Taqi


    Chapter 7

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 649 5531

    Password: 946665


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Muhammad Faisal Taqi Pro Se

    Trustee(s):

    Richard A Marshack (TR) Pro Se

    9:30 AM

    8:20-13231


    Matthew S. Cutler and Kristina H. M. Cutler


    Chapter 7


    #5.00


    Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Ford Motor Credit Company LLC

    (Motion filed 1/11/2021)

    [TA CASE]


    [RE: 2019 Ford Ranger - Amount: $36,250.94] [VIN No.: 1FTER4FH8KLA23365]


    Docket 16

    *** VACATED *** REASON: OFF CALENDAR - ADVANCED TO JANUARY 20, 2021 AT 9:30 A.M. IN COURTROOM 5A BFORE HONORALBE ERITHE SMITH.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Matthew S. Cutler Represented By

    R Grace Rodriguez

    Joint Debtor(s):

    Kristina H. M. Cutler Represented By

    R Grace Rodriguez

    Trustee(s):

    Jeffrey I Golden (TR) Pro Se

    10:00 AM

    8:19-13369


    Hussein Salah Suheimat and Lucy Emmanuel Shirajian


    Chapter 7


    #6.00


    CONT'D Motion for relief from stay [Personal Property]


    Toyota Lease Trust, As Serviced Toyota Motor Credit Corporation vs. DEBTORS

    (Motion filed 12/18/2020)


    [RE: 2016 Lexus RC 350 - VIN No.: JTHHE5BC0G5012704]


    FR: 1-20-21


    Docket 126


    Tentative Ruling:

    Tentative for 2/17/21:


    This matter is CONTINUED to March 24, 2021, at 10:00 a.m. to allow Movant to effectuate proper service, as set forth below. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than March 1, 2021.


    The Court had previously continued this matter to allow Movant to effectuate proper service, specifying that service to Lexus Financial Services should be provided in accordance with FRBP 9014(b) and FRBP 7004. FRBP 7004(b)

  2. 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.”


The Proof of Service filed on 1/22/21 [Dk. 131] does not reflect that service to Lexus Financial Services was provided in accordance with the foregoing requirements. Therefore, service remains improper. If service is not properly effectuated as required herein, the Court shall be inclined to deny the motion at the continued hearing.

10:00 AM

CONT...


Hussein Salah Suheimat and Lucy Emmanuel Shirajian


Chapter 7

Appearances for the 2/17 hearing are excused.


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


This matter is CONTINUED to 2/17/21 at 10:00 a.m. to allow Movant to effectuate proper service, as set forth below. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than January 22, 2021.


Service is improper. The movant did not serve the entity scheduled by Debtors, Lexus Financial Services. 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.”


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Hussein Salah Suheimat Represented By Michael A Cisneros

Joint Debtor(s):

Lucy Emmanuel Shirajian Represented By Michael A Cisneros

Movant(s):

Toyota Lease Trust, as serviced Represented By

10:00 AM

CONT...


Trustee(s):


Hussein Salah Suheimat and Lucy Emmanuel Shirajian

Austin P Nagel Kirsten Martinez


Chapter 7

Karen S Naylor (TR) Represented By Arturo M Cisneros Nathan F Smith

10:00 AM

8:20-11056


Mershad Javan


Chapter 7


#7.00


Motion for relief from stay [Action In Non-Bankruptcy Forum]


Mersad Javan

(Motion filed 1/20/2021)


[RE: Case Name: Norris et al. v. Javan]

[Docket Number: OCSC Case No.: [30-2019-01056190-CU-FR-CJC] [JAMS Case No.: 12000056326]

[Pending In: JAMS]


Docket 243

*** VACATED *** REASON: CONTINUED TO FEBRUARY 18, 2021 AT 10:00 A.M. PER ORDER CONTINUING MOTION FOR RELIEF FROM STAY ENTERED 2-4-2021 - (DOCKET NO. [260])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays

10:00 AM

CONT...


Mershad Javan


David Brian Lally Laila Masud


Chapter 7

10:00 AM

8:20-11963


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11


#8.00


Motion for relief from stay [Real Property]


American National Insurance Company vs. DEBTOR (Motion filed 1/27/2021)


[RE: 1650 Spring Gate Lane, Las Vegas, Nevada 89134]


Docket 77


Tentative Ruling:

Tentative for 2/17/21 is to CONTINUE this matter to April 29, 2021, at 11:00 a.m., to be heard concurrently with the hearing on plan confirmation.


Appearances for the 2/17 hearing are excused.


Party Information

Debtor(s):

TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman

Movant(s):

American National Insurance Represented By Lindsey E Kress

10:00 AM

8:20-13293


Hyun S Kim


Chapter 7


#9.00


CONT'D Motion for relief from stay [Real Property]


The Bank Of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of The CWALT, Inc., Alternative Loan Trust 2006-OA10 Mortgage Pass-Through Certificates, Series 2006-OA10 vs. DEBTORS (Motion filed 12/14/2020)


[RE: 18802 Roxbury Lane Huntington Beach, California 92648]


FR: 1-20-21


Docket 8


Tentative Ruling:

Tentative for 2/17/21:


This matter is CONTINUED to March 24, 2021, at 10:00 a.m. to allow Movant to effectuate proper service, as set forth below.


The Court had previously continued this matter to allow Movant to effectuate proper service, specifying that service to SNS Investment should be provided in accordance with FRBP 4001 and 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.”


The Proof of Service filed on 1/22/21 [Dk. 13] reflects that service to SNS Investment was addressed to "SNS Investment, Attn: Susan Perry, President, 28202 Cabot Road #300, Laguna Niguel, CA 92677" which is a different address than originally served. Moreover, Debtor’s schedules list the address for this entity as: "SNS Investment, 3600 Wilshire Blvd Ste 1412, Los Angeles, CA 90010," which matches that listed on the California Secretary of State website. Further, the Court notes that the address listed on the proof of service may be related to a different company, called SNS Investments, Inc.

10:00 AM

CONT...


Hyun S Kim


Chapter 7

(emphasis added).


Therefore, the Court shall continue this hearing in order to require Movant properly serve and/or file a declaration confirming to the Court whether service has been properly effectuated to the correct entity at the correct address. A Notice of Continuance and Supplemental proof of service or declaration must be filed and served by no later than March 1, 2021.


Appearances for the 2/17 hearing are excused.


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


This matter is CONTINUED to February 17, 2021 at 10:00 a.m. to allow Movant to effecuate proper service upon the junior lienholder. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than January 22, 2021.


Movant did not serve the junior lienholder, SNS Investment, to the attention of an officer, managing or general agent or to any other authorized agent. 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.”


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

10:00 AM

CONT...


Debtor(s):


Hyun S Kim


Party Information


Chapter 7

Hyun S Kim Represented By

Eric M Sasahara

Movant(s):

The Bank of New York Mellon FKA Represented By

Austin P Nagel Kirsten Martinez

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:18-12850


Douglas A Kvenvik and Christina Sue Torrence


Chapter 7


#10.00


Hearing RE: Chapter 7 Trustee's Final Report And Application For Final Fees And Expenses

(Final Report filed 12/31/2020)


[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $6,310.00; Expenses: $0.00]


[RE: WEILAND GOLDEN GOODRICH LLP - Attorney For Chapter 7 Trustee] [Fees: $11,590.00; Expenses: $78.95]


[RE: HAHN FIFE & COMPANY LLP - Accountant for Chapter 7 Trustee] [Fees: 2,278.00; Expenses: $397.80]


[RE: AEGIS LAW FIRM, PC - Special Counsel For Chapter 7 Trustee] [Fees: $30,000.00]


Docket 64


Tentative Ruling:

Tentative for 2/17/21 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: 161 593 1108

11:00 AM

CONT...


Douglas A Kvenvik and Christina Sue Torrence


Chapter 7


Password: 564999


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Douglas A Kvenvik Represented By Daniel King

Joint Debtor(s):

Christina Sue Torrence Represented By Daniel King

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall

11:00 AM

8:18-13666


Brooks T Morgan


Chapter 7


#11.00


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

(Final Report filed 1/14/2021)


[RE: THOMAS H. CASEY - Chapter 7 Trustee] [Fees: $91,621.74; Expenses: $0.00]


[RE: THOMAS H. CASEY, ESQ. - Attorney For Chapter 7 Trustee] [Fees: $384,834.00; Expenses: $34,181.15]


[RE: HAHN FIFE & COMPANY - Accountants For Chapter 7 Trustee] [Fees: $44,380.00; Expenses: $876.50]


[RE: WEILAND GOLDEN GOODRICH LLP - Special Counsel For Trustee] [Fees: $13,150.00; Expenses: $34.30]


Docket 410


Tentative Ruling:

Tentative for 2/17/21 is to APPROVE as requested.


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


The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Brooks T Morgan


Chapter 7

Meeting ID: 161 593 1108

Password: 564999


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Brooks T Morgan Represented By Donald W Sieveke

Movant(s):

Hahn Fife & Company Pro Se

Trustee(s):

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

11:00 AM

8:18-13666


Brooks T Morgan


Chapter 7


#12.00


Hearing RE: Chapter 7 Trustee Thomas H. Casey's Request For Approval Of Statutory Fee Per 11 U.S.C. Section 326

(Motion filed 1/19/2021)


Docket 424

*** VACATED *** REASON: OFF CALENDAR - SUPPLEMENT TO TRUSTEE'S FINAL REPORT AND APPLICATION FOR COMPENSATION FILED 1-14-2021 - (DOCKET NO. [419])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Brooks T Morgan Represented By Donald W Sieveke

Movant(s):

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

Trustee(s):

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

11:00 AM

8:19-13340


Mark Kevin Echan and Ilysse Sorelle Kracow


Chapter 7


#13.00


Hearing RE: Chapter 7 Trustee's Final Report And Applications For Compensation

(Final Report filed 1/12/2021)


[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: 5,750.00; Expenses: $474.65]


[RE: MALCOLM CISNEROS - Attorneys For Chapter 7 Trustee] [Fees: $10,495.00; Expenses: $114.74]


[RE: HAHN FIFE & COMPANY - Accountants For Chapter 7 Trustee] [Fees: 2,376.00; Expenses: 398.90]


Docket 89


Tentative Ruling:

Tentative for 2/17/21 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: 161 593 1108


Password: 564999

11:00 AM

CONT...


Mark Kevin Echan and Ilysse Sorelle Kracow


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

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) Represented By Arturo M Cisneros Nathan F Smith

11:00 AM

8:20-11885


Todd Stuart Masler


Chapter 7


#14.00


Hearing RE: Creditor's, Law Office Of Alex J. Llorente's Objections To Proof Of Claim:


Claim No. 7 Midori Financial LLC $201,595.94 (Motion filed 1/22/2021)


Docket 39


Tentative Ruling:

Tentative for 2/17/21 is to CONTINUE to April 7, 2021, at 11:00 a.m. to allow Movant and Trustee to effectuate proper service and file a supporting declaration, as set forth more fully below. A Notice of Continuance and Supplemental proof of service, and supporting declaration, must be filed and served by no later than March 1, 2021.


Service is improper. LBR 3007(b)(1) and FRBP 3007 require notice of not less than 30 days. Movant's objection was filed on 1/22/21 [Dk. 39], and set for hearing 26 days later on 2/17/21. Further, LBR 3007-1(b)(2) requires that a claimant be served in accordance with 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." Neither Movant, nor Trustee in her Joinder filed 2/3/21 [Dk. 47], served claimant in accordance with FRBP 7004.


Additionally, LBR 3007-1(c)(1) and (2) requires an objection of claim to be supported by admissible evidence, including a copy of the complete proof of claim and objector's declaration. The Court notes that no such copy of the proof of claim, or a supporting declaration has been filed by Movant.


Appearances for the 2/17 hearing are excused.

Party Information

11:00 AM

CONT...

Debtor(s):


Todd Stuart Masler


Chapter 7

Todd Stuart Masler Pro Se

Movant(s):

Alex Jeronimo Llorente Represented By Alex J Llorente

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

11:00 AM

8:20-11885


Todd Stuart Masler


Chapter 7


#15.00


Hearing RE: Creditor's, Law Office Of Alex J. Llorente's Objections To Proof Of Claim:


Claim No. 8 Ascentium Capital $16,444.01 (Motion filed 1/25/2021)


Docket 44


Tentative Ruling:

Tentative for 2/17/21 is to CONTINUE to April 7, 2021, at 11:00 a.m. to allow Movant and Trustee to effectuate proper service, as set forth more fully below. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than March 1, 2021.


Service is improper. LBR 3007(b)(1) and FRBP 3007 require notice of not less than 30 days. Movant's objection was filed on 1/25/21, and set for hearing 23 days later on 2/17/21. Further, LBR 3007-1(b)(2) requires that a claimant be served in accordance with 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." Neither Movant, nor Trustee in her Amended Joinder filed 2/4/21 [Dk. 50], served claimant in accordance with FRBP 7004.


Appearances for the 2/17 hearing are excused.

Party Information

Debtor(s):

Todd Stuart Masler Pro Se

Movant(s):

Alex Jeronimo Llorente Represented By Alex J Llorente

11:00 AM

CONT...

Trustee(s):


Todd Stuart Masler


Chapter 7

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#16.00


Hearing RE: First Interim Application For Compensation And Reimbursement Of Expenses For Period From April 15, 2020 Through December 31, 2020 (Application filed 1/21/2021)

[Affects All Debtors]


[RE: GLASSRATNER ADVISORY & CAPITAL GROUP, LLC - Financial

Advisor For The Debtor and Debtor-In-Possession] [Fees: $469,007.50; Expenses: $32.70]


Docket 992


Tentative Ruling:

Tentative for 2/17/21:


The Court would like to hear from Trustee, Applicant, and all interested parties regarding the issues raised in the Objection filed 2/3/21 [Dk. 1019].


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1615931108 Meeting ID: 161 593 1108

Password: 564999


If a participant is unable to send and receive audio through his/her computer,

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7

or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 593 1108

Password: 564999


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ruby's 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

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation

D Edward Hays Tinho Mang


Chapter 7

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#17.00


Hearing RE: First Interim Application For Allowance Of Fees And Costs For The Period From April 15, 2020 To December 31, 2020

(Application filed 1/27/2021)

[Affects Ruby's Diner, Inc. ONY]


[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee] [Fees: $186,810; Costs: $11,323.22]


Docket 1001


Tentative Ruling:

Tentative for 2/17/21 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: 161 593 1108


Password: 564999


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Marshack Hays LLP Represented By

D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#18.00


Hearing RE: First Interim Application For Payment Of Fees And/Or Expenses For The Period From April 15, 2020 To December 31, 2020

(Application filed 1/28/2021)

(Affects Huntington Beach, LTD ONLY]


[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee] [Fees: $104,621.50; Expenses: $4,009.19]


Docket 1011


Tentative Ruling:

Tentative for 2/17/21 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: 161 593 1108


Password: 564999


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Marshack Hays LLP Represented By

D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#19.00


Hearing RE: Application For First Interim Fees And/Or Expenses For The Period From April 15, 2020 To December 31, 2020

(Application filed 1/27/21)

[Affects Ruby's Oceanside, LTD ONLY]


[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee] [Fees: $87,370.00; Expenses: $4,010.66]


Docket 1003


Tentative Ruling:

Tentative for 2/17/21 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: 161 593 1108


Password: 564999


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Marshack Hays LLP Represented By

D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#20.00


Hearing RE: Motion To Approve Compromise Between RDI Trustee And RFS Trustee

(Motion filed 1/27/2021)


Docket 1005


Tentative Ruling:

Tentative for 2/17/21 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: 161 593 1108


Password: 564999


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

11:00 AM

CONT...

Movant(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 7


#21.00


Hearing RE: Motion To (1) Set A Bar Date For Filing Chapter 11 Administrative Expense Claims, Including Claims Under Section 503(b)(9) Of The Bankruptcy Code, (2) Approve The Form, Manner, And Sufficiency Of The Notice Thereof,

And (3) Approve An Adminstrative Proof Of Claim Form (Motion filed 1/25/2021)


Docket 549


Tentative Ruling:

Tentative for 2/17/21 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: 161 593 1108


Password: 564999


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

11:00 AM

CONT...


Movant(s):


Ruby's Franchise Systems, Inc., a California

Eric J Fromme Christopher J Harney


Chapter 7

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

11:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 7


#22.00


Hearing RE: Motion For Order Approving Settlement Agreement With Richard

A. Marshack, Chapter 7 Trustee For Ruby's Diner, Inc., Regarding Treatment Of Netdown Obligations, Assignment Of D&O Claims, And Treatment Of Certain Royalties And Other Fees

(Motion filed 1/27/2021)


Docket 551


Tentative Ruling:

Tentative for 2/17/21 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: 161 593 1108


Password: 564999


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

11:00 AM

CONT...


Movant(s):


Ruby's Franchise Systems, Inc., a California

Eric J Fromme Christopher J Harney


Chapter 7

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#23.00


CONT'D Hearing RE: Motion For A Stay Pending Appeal Of The Conversion Order [Docket No. 144]

(Motion filed 12/15/2020) FR: 1-6-21

Docket 192

*** VACATED *** REASON: OFF CALENDAR - ORDER DENYING (1) MOTION TO EXTEND TIME TO APPEAL UNDER RULE 8002(c) AND

(2) MOTION FOR STAY PENDING APPEAL ENTERED 1-13-2021 - (DOCKET NO. [237])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

1:30 PM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#24.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint:

  1. To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 544(b) And 550;

  2. For Imposition Of A Resulting Trust;

  3. For Declaratory Relief;

  4. For Preservation Of The Transfer For The Benefit Of The Estate;

  5. For Attorneys' Fees And Costs (Complaint filed 9/6/2018)

[Case transferred from CB on 7/31/2020] (PTC set per Order Entered 9/15/2020)


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; 9-23-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR - JUDGMENT PURSUANT TO MEMORANDUM DECISION GRANTING JUDGMENT ON THE PLEADINGS ENTERED 11-18-2020 - (DOCKET NO. [304])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud

Heinz H Steinmann Represented By

D Edward Hays Laila Masud

1:30 PM

CONT...


Andrea Steinmann Downs


Chapter 7

Eric Steinmann Represented By

D Edward Hays Laila Masud

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops

1:30 PM

CONT...


Andrea Steinmann Downs


Chapter 7

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01119 Marshack v. Kabbage, Inc.


#25.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

[11 U.S.C. Sections 547, 550, 551 And 502(d)]

(Complaint filed 8/19/2020) FR: 11-4-20

Docket 1


Tentative Ruling:

Tentative for 2/17/21:


Pursuant to the tentative on related matter #26, this matter will be taken off calendar.


Appearances for the 2/17 hearing are excused.


***************************************************************************** Tentative for 11/4/20 is to CONTINUE to February 17, 2021, at 1:30 p.m. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


Plaintiff shall file a motion for default judgment by no later than January 15, 2021.


Appearances for the 11/4 hearing are excused.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

Defendant(s):

Kabbage, Inc. Pro Se

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

Trustee(s):

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01119 Marshack v. Kabbage, Inc.


#26.00


Hearing RE: Motion For Default Judgment Against Kabbage Inc. (Motion filed 1/15/2021)


Docket 15


Tentative Ruling:

Tentative for 2/17/21 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: 160 743 7254


Password: 945798


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

Defendant(s):

Kabbage, Inc. Pro Se

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Movant(s):

Richard A Marshack Represented By Larry D Simons

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

Trustee(s):

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01120 Marshack v. Citicards


#27.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For: (1) Avoidance And Recovery Of Preferential Transfers; (2) Preservation Of Preferential Transfers, And; (3) Disallowance Of Claims [11 U.S.C. Sections 547, 550, 551 And 502(d)]

(Complaint filed 8/19/2020) FR: 11-4-20

Docket 1


Tentative Ruling:

Tentative for 2/17/21 is to CONTINUE to April 7, 2021, at 1:30 p.m. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing and should detail the status of any recent settlement discussions.


The Court notes that, as of the posting of this tentative, no status report has been filed. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions (see tentative below). The Court will excuse the non-compliance in this instance. However, pursuant to LBR 7016-1(f), future failure to comply may result in monetary or non-monetary sanctions, including dismissal.


Appearances for the 2/17 hearing are excused.


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

Tentative for 11/4/20 is to CONTINUE to February 17, 2021, at 1:30 p.m. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


Appearances for the 11/4 hearing are excused.

Party Information

1:30 PM

CONT...

Debtor(s):


Ian G. Winterbotham


Chapter 7

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

Trustee(s):

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.


#28.00


CONT'D STATUS CONFERENCE Hearing re: Complaint for (1) Avoidance And Recovery Of Preferential Transfers; (2) Preservation Of Preferential Transfers, And; (3) Disallowance Of Claims [11 U.S.C. Sections 547, 550, 551 And 502(d)] (Complaint filed 8/19/2020)


FR: 11-4-20


Docket 1


Tentative Ruling:

Tentative for 2/17/21:


This matter is CONTINUED to April 28, 2021, at 1:30 p.m., pursuant to the tentative on related matter #28. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


Appearances for the 2/17 hearing are excused.


*************************************************************************** Tentative for 11/4/20 is to CONTINUE to February 17, 2021, at 1:30 p.m. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


Plaintiff shall file a motion for default judgment by no later than January 15, 2021.


Appearances for the 11/4 hearing are excused.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

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 Larry D Simons

Trustee(s):

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.


#29.00


Hearing RE: Motion For Default Judgment Against Ashley Furniture Industries Inc.

(Motion filed 1/15/2021)


Docket 16


Tentative Ruling:

Tentative for 2/17/21:


This matter is CONTINUED to April 28, 2021, at 1:30 p.m. pursuant to the request contained in the late-filed Opposition (filed on February 15, 2021 [Dk. 18]).


The Court also notes that the Motion to Vacate Clerk's Default, referenced in the Opposition, was incorrectly filed in the main case, and should be refiled in the adversary proceeding,


If this matter is not otherwise resolved, Plaintff is to provide admissible supplemental evidence demonstrating that the transfer at issue was "for or on account of an antecedent debt" as required by 11 U.S.C. § 547(b) by no later than April 7, 2021.


Appearances for the 2/17 hearing are excused.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Ashley Furniture Industries, Inc. Pro Se

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Movant(s):

Richard A Marshack Represented By Larry D Simons

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

Trustee(s):

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01190 Murray v. Zahedi


#30.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6)

(Complaint filed 9/20/19)

(PTC set at S/C held 12/18/19) FR: 12-18-19; 7-1-20; 10-7-20

Docket 1

*** VACATED *** REASON: CONTINUED TO MARCH 10, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION BETWEEN PLAINTIFF AND DEFENDANT TO CONTINUE PRETRIAL CONFERENCE ENTERED 1-26-2021 - (DOCKET NO. [35])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Patricia Murray Represented By Thomas J Eastmond Robert P Goe Charity J Manee

1:30 PM

CONT...

Trustee(s):


Charles S Zahedi


Chapter 7

Richard A Marshack (TR) Pro Se

1:30 PM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01198 Moersch v. Zahedi


#31.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt: (1) False Pretenses, False Representation, Fraud

(11 U.S.C. Section 523(a)(2)(A)( and (2) Wilful And Malicious Injury (11 U.S.C. Section 523(a)(6))

(Complaint filed 9/30/19)

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


FR: 12-18-19; 7-1-20; 8-5-20; 9-23-20; 12-2-20; 2-3-21


Docket 1


Tentative Ruling:

Tentative for 2/17/21:


The parties are to appear and be prepared to discuss trial procedures and scheduling. The following dates are available for trial:


May 25 - 27, 2021

June 22 - 24, 2021

July 20 - 22, 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/1607437254

1:30 PM

CONT...


Charles S Zahedi


Chapter 7


Meeting ID: 160 743 7254

Password: 945798

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 743 7254

Password: 945798


For further details, please consult the 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 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-

1:30 PM

CONT...


Charles S Zahedi


Chapter 7

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.


Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Carlo Moersch Represented By Jeffrey D Schreiber

Trustee(s):

Richard A Marshack (TR) Pro Se

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.


#32.00


STATUS CONFERENCE Hearing RE: Complaint (1) Avoidance and Recovery of Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(B) And 550;

(2) Avoidance and Recovery of Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550; (3) Preservation; And (4) Intentional Interference With Contractual Relations

(Complaint filed 12/1/2020)


Docket 1


Tentative Ruling:

Tentative for 2/17/21 is to CONTINUE to March 10, 2021, at 1:30 p.m. to be heard concurrently with Plaintiff's motion for default judgment. A status report will not be required.


Appearances for the 2/17 hearing are excused.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Corner Escrow, Inc. Pro Se

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#33.00


Hearing RE: RULE 16 PRE-TRIAL CONFERNCE RE: Amended Complaint For Preliminary Injunction, Declaratory Judgment, Tortious Interference With Contractual Relations; Intentional Interference With Prospective Economic Advantage; Violation Of The Automatic Stay; And Further Relief

(Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]

(Amended Complaint filed 10/26/2020)

(PTC set per Order Entered 1/21/2021 - docket no. [129])


FR: 8-4-20; 9-3-20; 9-10-20; 10-7-20; 10-21-20; 10-21-20; 1-20-21


Docket 129


Tentative Ruling:

Tentative for 2/17/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1607437254 Meeting ID: 160 743 7254

Password: 945798


If a participant is unable to send and receive audio through his/her computer,

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 743 7254

Password: 945798


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

Filippo Marchino

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays Richard L Kellner

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 Tinho Mang

1:30 PM

8:20-10376


Cody Lee Engelmann


Chapter 7

Adv#: 8:20-01027 Hesse v. Engelmann


#34.00


Hearing RE: Motion For Summary Judgment Against Debtor Cody Lee Engelmann

(Motion filed 12/21/2020)


Docket 31


Tentative Ruling:

Tentative for 2/17/21 is to GRANT. Virtual appearances are required.

On December 19, 2018, Plaintiff filed an action against Defendant in State Court for assault and battery. On January 24, 2020, and after a 3-day bench trial, the State Court released a draft statement of decision finding against Defendant. Defendant subsequently filed for bankruptcy on February 3, 2020. Plaintiff sought and obtained relief from stay to allow the State Court action to proceed to final judgment. On June 5, 2020, the State Court entered a final statement of decision and judgment in favor of Plaintiff on both claims, and awarded damages against Defendant in the amount of $87,479.37 ("State Court Judgment").


Plaintiff filed this adversary proceeding on March 13, 2020, and, after obtaining leave to amend, filed an amended complaint on October 2, 2020 [Dk. 30], seeking a determination that the State Court Judgment for assault and battery be deemed a non-dischargeable debt pursuant to 11 U.S.C. § 523(a)(6).


Plaintiff now seeks summary judgment on the grounds that the State Court Judgment’s preclusive effect entitles Plaintiff to judgment as a matter of law. For the reasons more fully set forth below, the Court agrees and is inclined to GRANT summary judgment.

1:30 PM

CONT...


Cody Lee Engelmann


Chapter 7


For issue preclusion to apply, the issue sought to be precluded must: (1) be identical to that which was decided in the prior proceeding; (2) have been actually litigated in the prior proceeding; (3) have been necessarily decided in the prior proceeding; (4) subject to a final judgment; and (5) brought against the same party to the prior proceeding, or party in privity with that party. In re Harmon, 250 F.3d 1240, 1245 (citing Lucido v. Superior Court, 51 Cal. 3d 335, 341 (1990)). There is no question that the State Court Judgment is a final judgment, and was entered against the same party to the prior proceeding.


However, Defendant argues that the issues before this Court are not identical to those litigated in the prior State Court proceeding (i.e., assault and battery), and were not actually litigated, or necessarily decided, because the State Court Judgment does not contain specific findings as to Defendant’s willfulness or maliciousness. For the reasons more fully set forth below, this Court disagrees with Defendant’s position.


"The fact that different forms of relief are sought in the two lawsuits is irrelevant, for if the rule were otherwise, litigation finally would end only when a party ran out of counsel whose knowledge and imagination could conceive of different theories of relief based upon the same factual background." Murphy v. Murphy, 164 Cal. App. 4th 376, 400–01, 78 Cal. Rptr. 3d 784,

802-803 (2008), as modified on denial of reh'g (July 22, 2008). The State Court Judgment relates to Identical Issues

11 U.S.C. § 523(a)(6) excepts from discharge any debts "for willful and malicious injury by the debtor to another entity or to the property of another entity. . ." 11 U.S.C. § 523(a)(6). To prevail under §523(a)(6), Plaintiff must demonstrate both willfulness and maliciousness.


  1. Willfulness


    To satisfy the willfulness requirement, Plaintiff must show either that Defendant had a subjective motive to inflict the injury or Defendant believed

    1:30 PM

    CONT...


    Cody Lee Engelmann


    Chapter 7

    that injury was substantially certain to occur as a result of his conduct. In re Su, 290 F.3d 1140, 1143 (9th Cir. 2002).


    The State Court Judgment entered against Debtor for assault and battery awarded economic and non-economic damages to Plaintiff for physical injuries. The requisite elements of battery require that the injuring party have touched the injured party with "intent to harm or offend." So v. Shin, 212 Cal.App.4th 652, 669, 151 Cal.Rptr.3d 257 (Cal. App. 2013).


    The State Court Judgment described Defendant's actions as being "a violent take-down." This statement, coupled with the finding that Defendant had committed battery, indicates that the State Court necessarily found that Defendant acted with intent to harm, which satisfies the wilfullness prong of § 523(a)(6)


  2. Maliciousness


To satisfy the maliciousness requirement, Plaintiff must show that Defendant:

(1) committed a wrongful act; (2) done intentionally; (3) which necessarily causes injury; and (4) without just cause or excuse. In re Ormsby, 591 F.3d 1207 (9th Cir. 2010). "Maliciousness" may be implied from circumstances surrounding the debtor’s conduct, even without proof that the debtor acted with spite, hatred or ill will toward the victim. Id. When evaluating the malicious prong, "it is the wrongful act that must be committed intentionally rather than the injury itself." In re Sicroff, 401 F.3d 1101, 1106 (9th Cir. 2005).


The State Court Judgment expressly held Defendant liable for damages related to battery, and, in doing so, necessarily found that Defendant’s act was wrongful, intentional, and injurious to Plaintiff. Additionally, the State Court Judgment expressly found that Defendant’s asserted defense for committing the battery (i.e., "self-defense") not credible and inadequately proven by Defendant during the State Court trial. Therefore, the issue of whether Defendant committed the battery with "just cause or excuse" was considered by the State Court and judgment was still entered against Defendant. Accordingly, the State Court Judgment satisfies the maliciousness

1:30 PM

CONT...


Cody Lee Engelmann


Chapter 7

prong of § 523(a)(6).


The Relevant Issues were Actually Litigated and Necessarily Decided in the State Court


Defendant argues that the issue of Defendant’s liability was not actually litigated because: (1) the State Court Judgment did not contain an express finding as to the specific issue of Defendant’s intent, and (2) the statement of decision only contained analysis regarding Defendant’s affirmative defense.


"[I]f an issue was necessarily decided in a prior proceeding, it was actually litigated." In re Harmon, 250 F.3d 1240, 1248 (9th Cir. 2001). Further, "[i]f the matter was within the scope of the action, related to the subject-matter and relevant to the issues, so that it could have been raised, the judgment is conclusive on it despite the fact that it was not in fact expressly pleaded or otherwise urged. The reason for this is manifest. A party cannot by negligence or design withhold issues and litigate them in consecutive actions." Murphy v. Murphy, 164 Cal. App. 4th 376, 400–01, 78 Cal. Rptr. 3d 784, 802-803 (2008), as modified on denial of reh'g (July 22, 2008).


There can be no question that the issue of Defendant’s battery was expressly plead (the underlying state court complaint was for assault and battery).

Further, there is no question that the State Court, upon noting Defendant's admission to the assault and battery and finding against Defendant on his defense, entered a judgment necessarily deciding that Defendant committed battery against Plaintiff. Therefore, despite any contention otherwise, the issue of Defendant’s intent, along with all related elements of a battery cause of action, were actually litigated.


Conclusion


In light of the foregoing, the Court finds that Plaintiff has provided a sufficient showing of the requisite standards for issue preclusion. Accordingly, there remain no genuine issues of material fact, and Plaintiff is entitled to, and the Court is inclined to GRANT, summary judgment on Plaintiff’s § 523(a)(6)

1:30 PM

CONT...


Cody Lee Engelmann


Chapter 7

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 Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1607437254 Meeting ID: 160 743 7254

Password: 945798

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 743 7254

Password: 945798


For further details, please consult the 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

1:30 PM

CONT...


Cody Lee Engelmann


Chapter 7

https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

1:30 PM

8:20-11939


Vasken K Kiladjian


Chapter 7

Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al


#35.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

1. Conversion; 2. Breach Of Contract; 3. Recovery Of Bailed Property; 4. Breach Of Fiduciary Duty; 5. Unfair And Unlawful Business Practices

(Notice of Removal filed 8/26/2020)


FR: 10-22-20; 1-7-21


Docket 1


Tentative Ruling:

Tentative for 2/17/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1607437254 Meeting ID: 160 743 7254

Password: 945798


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...


Vasken K Kiladjian


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 743 7254

Password: 945798


For further details, please consult the 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 1/7/21:


Parties should appear and be prepared to address why this adversary proceeding should remain in this Court, especially in light of the recent conversion of the bankruptcy case to Chapter 7.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Defendant(s):

Beth Kiladjian Represented By Robert P Goe

Beth Kiladjian Represented By Robert P Goe

1:30 PM

CONT...


Vasken K Kiladjian


Chapter 7

Vasken Kiladjian Represented By Kelly H. Zinser

Vasken Kiladjian Pro Se

Plaintiff(s):

French Design Jewelry, Inc. Represented By Carley G Mak Carley Lee

Trustee(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros

1:30 PM

8:20-11939


Vasken K Kiladjian


Chapter 7

Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al


#36.00


Hearing RE: Reconsideration Of The Court's Order Denying Motion For (1) Order Remanding Adversary Proceeding To State Court And (2) Payment Of

$3,450.00 By Beth Kiladijian For Fees And Costs Incurred By Removal (Order Entered 10/29/2020)

(Hearing set per Order Entered 1/7/2021)


Docket 0


Tentative Ruling:

Tentative for 2/17/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1607437254 Meeting ID: 160 743 7254

Password: 945798

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

Vasken K Kiladjian

Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 743 7254


Password: 945798


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Defendant(s):

Beth Kiladjian Represented By Robert P Goe

Beth Kiladjian Represented By Robert P Goe

Vasken Kiladjian Represented By Kelly H. Zinser

Vasken Kiladjian Pro Se

Plaintiff(s):

French Design Jewelry, Inc. Represented By

1:30 PM

CONT...


Trustee(s):


Vasken K Kiladjian


Carley G Mak Carley Lee


Chapter 7

Mark M Sharf (TR) Represented By Arturo M Cisneros

10:00 AM

8:17-11743


Cecilio Romero Murrietta


Chapter 11

Adv#: 8:20-01177 Gonzalez v. Murrietta et al


#1.00


Hearing RE: Plaintiff Carlos Gonzalez's Motion For Order Remanding Case To State Court

(Motion filed 1/19/2021)


Docket 13

*** VACATED *** REASON: CONTINUED TO APRIL 29, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ON PLAINTIFF CARLOS GONZALEZ'S MOTION FOR ORDER REMANDING CASE TO STATE COURT ENTERED 2-5-2021 - [DOCKET NO. [20])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Defendant(s):

Cecilio Murrietta Pro Se

David M. Goodrich Represented By Beth Gaschen

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Movant(s):

Carlos Gonzalez Represented By Hector C Perez

10:00 AM

CONT...


Cecilio Romero Murrietta


Chapter 11

Plaintiff(s):

Carlos Gonzalez Represented By Hector C Perez

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

10:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC


#2.00


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

  1. To Disallow Proof Of Claim;

  2. To Avoid Incurrence Of Debt;

  3. For Contractual Indemnity; And

  4. Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)


FR: 4-4-19; 9-19-19; 12-19-19; 3-5-20; 5-28-20; 7-2-20; 8-20-20; 10-22-20


Docket 1

*** VACATED *** REASON: CONTINUED TO JUNE 3, 2021 AT 10:00

A.M. PER ORDER APPROVING STIPULATION REGARDING FURTHER CONTINUANCE OF DISCOVERY CUTOFF DATE AND PRE- TRIAL CONFERENCE ENTERED 2-10-2021 - (DOCKET NO. [63])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

10:00 AM

CONT...


WJA Asset Management LLC


Timothy W Evanston


Chapter 11

Defendant(s):

Luxury Asset Lending, LLC Represented By Richard Bunt

David Moore Pro Se

Jackman Industries, Inc. Represented By Thomas M Monson

Plaintiff(s):

Luxury Asset Purchasing Represented By Kyra E Andrassy

10:00 AM

8:20-11056


Mershad Javan


Chapter 7


#3.00


CONT'D Hearing RE: Application By Chapter 7 Trustee Richard Marshack To Employ The Law Office Of David B. Lally As Special Litigation Counsel For Chapter 7 Trustee Nunc Pro Tunc

(Set per Notice of Hearing filed 12/29/2020) FR: 1-20-21; 2-4-21

Docket 200

*** VACATED *** REASON: CONTINUED TO JUNE 2, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO STREAMLINE BANKRUPTCY PROCESS ENTERED 2-5-2021 - (DOCKET NO. [269])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

10:00 AM

8:20-11056


Mershad Javan


Chapter 7


#4.00


CONT'D Hearing RE: Motion For Order Disallowing Proof Of Claim: (Motion filed 5/15/2020)

(Case reassigned from CB on 7/31/2020)


Claim No. 1 James Gubersky $90,000.00 FR: 7-2-20; 9-29-20; 1-20-21; 2-4-21

Docket 20

*** VACATED *** REASON: CONTINUED TO MAY 5, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO STREAMLINE BANKRUPTCY PROCESS ENTERED 2-5-2021 - (DOCKET NO. [269])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

10:00 AM

8:20-11056


Mershad Javan


Chapter 7


#5.00


CONT'D Hearing RE: Motion For Order Disallowing Proof of Claim (Motion filed 5/14/2020)

(Case reassigned from CB on 7/31/2020)


Claim No. 2 Steven Norris $2,375,000.00 FR: 1-20-21; 2-4-21

Docket 18

*** VACATED *** REASON: CONTINUED TO MAY 5, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO STREAMLINE BANKRUPTCY PROCESS ENTERED 2-5-2021 - (DOCKET NO. [269])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

10:00 AM

8:20-11056


Mershad Javan


Chapter 7


#6.00


CONT'D Hearing RE: Motion To Convert Chapter 7 Case To Subchapter V Chapter 11 Case

(Motion filed 1/13/2021)


FR: 2-4-21 at 10:00 a.m.; 2-4-21 at 9:30


Docket 238

*** VACATED *** REASON: CONTINUED TO JUNE 2, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO STREAMLINE BANKRUPTCY PROCESS ENTERED 2-5-2021 - (DOCKET NO. [269])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

10:00 AM

8:20-11056


Mershad Javan


Chapter 7


#6.10


CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]


Mersad Javan

(Motion filed 1/20/2021)


[RE: Case Name: Norris et al. v. Javan]

[Docket Number: OCSC Case No.: [30-2019-01056190-CU-FR-CJC] [JAMS Case No.: 12000056326]

[Pending In: JAMS]


FR: 2-17-21


Docket 243

*** VACATED *** REASON: CONTINUED TO JUNE 2, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO STREAMLINE BANKRUPTCY PROCESS ENTERED 2-5-2021 - (DOCKET NO. [269])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

10:00 AM

CONT...


Mershad Javan


D Edward Hays David Brian Lally Laila Masud


Chapter 7

10:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Marshack v. Javan et al


#7.00


CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)

[Adversary transferred from CB on 7/31/2020]


[FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21


Docket 4


Tentative Ruling:

Tentative for 2/18/21 is to CONTINUE to August 18, 2021, at 1:30 p.m.


If the matter is not otherwise resolved prior to the hearing, Debtor is required to file a supplemental brief by not later than August 4, 2021. Any response to the supplemental brief shall be due by not later than August 11, 2021.


Appearances for the 2/18 hearing are excused.


**************************************************************************** Tentative for 2/4/21:


Virtual appearances are required.


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


This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

10:00 AM

CONT...


Mershad Javan


Chapter 7


******************************************************************************* 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 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.


***************************************************************************** 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.

10:00 AM

CONT...


Mershad Javan


Chapter 7

Plaintiffs, who are not a trustee, and have not been appointed by the Court to bring claims otherwise reserved for a trustee, have not established standing to pursue Claims 1-5, 7 and 8.


The court's determination of whether to provide declaratory relief "is discretionary." In re Young, No. EDCV 11-1626-GW, 2012 WL 5832431, at *7 (C.D. Cal. Nov. 13, 2012). The Court notes that the declaratory relief requested in Claim 6 (which seeks to recharacterize property by virtue of the very transfers sought to be avoided by other causes of action), appears to be Plaintiff's attempt to manufacture standing to bring relief that is statutorily reserved for the trustee.


As all of the claims alleged above are estate assets not otherwise belonging to Plaintiff, amendment of the complaint would be futile. Leave to amend may be denied if the proposed amendment is futile. Saul v. United States, 928 F.2d 829, 843 (9th Cir. 1991). Therefore, the Court is inclined to DENY without leave to amend.


Virtual appearances are required.

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

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):

Mershad Javan Represented By

10:00 AM

CONT...


Mershad Javan


Leslie A Cohen


Chapter 7

Plaintiff(s):

Richard Marshack Represented By David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

10:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Marshack v. Javan et al


#8.00


CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:

  1. Avoid And Recover Fraudulent Transfers;

  2. Obtain Declaratory Relief As To Ownership Of Property;

  3. Turnover Of Property;

  4. Authorize Sale Of Real Property; And

  5. For Declaratory Relief (Complaint filed 4/18/2020)

[Adversary transferred from CB on 7/31/2020]


FR: 7-7-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21


Docket 1

*** VACATED *** REASON: CONTINUED TO AUGUST 18, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO STREAMLINE BANKRUPTCY PROCESS ENTERED 2-5-2021 - (DOCKET NO. [60])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

Maija Olivia Javan Represented By Todd L Turoci

Mershad Javan and Maija Olivia Pro Se

Maija Olivia Javan, Trustee of the Pro Se

10:00 AM

CONT...


Mershad Javan


Chapter 7

Plaintiff(s):

Richard Marshack Represented By David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

10:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01085 Norris et al v. Javan


#9.00


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

[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]

(Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]


FR: 8-4-20; 8-19-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21


Docket 1

*** VACATED *** REASON: CONTINUED TO JULY 14, 2021 AT 1:30

P.M. PER ORDER APPROVING STIPULATION TO STREAMLINE BANKRUPTCY PROCESS ENTERED 2-5-2021 - (DOCKET NO. [60])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

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) Represented By

10:00 AM

CONT...


Mershad Javan


D Edward Hays David Brian Lally Laila Masud


Chapter 7

11:00 AM

8:17-12660


Chrestotes, Inc


Chapter 11


#10.00


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

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

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


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

10-25-18; 4-18-19; 7-18-19; 1-9-20; 4-16-20; 6-24-20; 9-24-20


Docket 9


Tentative Ruling:

Tentative for 2/18/21 is to CONTINUE to May 6, 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 2/4/21 [Dk. 306] and, in the event of a default by Debtor, invites the filing of whatever motion Mr. Tilem deems appropriate.


Appearances for the 2/18 hearing are excused.


******************************************************************************** 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.

11:00 AM

CONT...


Chrestotes, Inc


Chapter 11

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.


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

11:00 AM

CONT...


Chrestotes, Inc


Chapter 11

hearing date and briefing schedule for the OSC.


Appearances required.


Debtor(s):


Party Information

Chrestotes, Inc Represented By David A Tilem Kevin Tang

11:00 AM

8:17-14386


Rodney Glen Bassett


Chapter 11


#11.00


Hearing RE: Order Requiring Debtor To Appear And Show Cause Why This Case Should Not Be Dismissed Or Converted To Chapter 7 Pursuant To 11

U.S.C. Section 1112(b) For Failure To Comply With This Court's Post- Confirmation Requirements.

(Order Entered 1/7/2021)


Docket 129


Tentative Ruling:

Tentative for 2/18/21:


Virtual appearances are required.


On 1/7/21, the Court issued an order requiring Debtor to appear and show cause why this case should not be dismissed or converted ("Order to Show Cause") [Dk. 129] for Debtor's repeated failure to file post-confirmation status reports as required by applicable rules and procedures and the Court's express instructions. The Order to Show Cause indicated that any response to the order, which could be combined with a post-confirmation status report, would be due not later than 14 days prior to the hearing. As of the date of the posting of this tentative, no response or status report has been filed.


The Court's Order to Show Cause also imposed sanctions on Debtor in the amount of $50.00, and required Debtor to submit a declaration stating that sanctions have been paid. While Debtor has failed to submit such a declaration, it appears from the unnumbered docket entry dated 1/25/21 that Debtor has paid such sanctions. This further indicates that Debtor is aware of the Order to Show Cause.


Pursuant to LBR 3020-1(c) (which is accessible on the Court’s external website), 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). Debtor was previously warned at a status conference held on 10/22/20, and again in the Order to Show Cause entered 1/7/21, that

11:00 AM

CONT...


Rodney Glen Bassett


Chapter 11

future non-compliance with this rule would be grounds for dismissal or conversion of his case.


It is regrettable that Debtor did not file a response to the Order to Show Cause, and has, now for the third time, failed to file a post-confirmation status report. If Debtor fails to appear, and fails to offer the Court a satisfactory explanation, in light of the foregoing, the Court is inclined to dismiss 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/1604056982 Meeting ID: 160 405 6982

Password: 644475

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 405 6982

Password: 644475

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

11:00 AM

CONT...

Rodney Glen Bassett

Chapter 11


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Rodney Glen Bassett Pro Se

11:00 AM

8:17-14386


Rodney Glen Bassett


Chapter 11


#12.00


CONT'D Hearing RE: Post-Confirmation Status Conference (Petition filed 11/6/2017)

[Case transferred from CB on 7/31/2020]


FR: 11-14-17; 1-24-18; 4-25-18; 7-25-18; 9-26-18; 12-12-18; 4-24-19; 10-23-19;

11-27-19; 1-22-20; 7-22-20; 9-23-20; 9-24-20; 10-22-20; 1-7-21


Docket 1


Tentative Ruling:

Tentative for 2/18/21:


In light of the tentative on related matter #11, 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/1604056982 Meeting ID: 160 405 6982

Password: 644475


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

11:00 AM

CONT...


Rodney Glen Bassett


Chapter 11

conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 405 6982

Password: 644475


For further details, please consult the 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 1/7/21:


Virtual appearances are required.


As of the posting of this tentative, the required status report has not been filed. Pursuant to LBR 3020-1(c) (which is accessible on the Court’s external website), 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). Debtor was previously warned at the October 22, 2020 hearing that non-compliance with this rule would be grounds for dismissal or conversion.


Accordingly, the Court will (1) set a continued status conference date of February 18, 2021, at 11:00 a.m., (2) issue an order directing Debtor to appear on February 18, 2021, at 11:00 a.m. to show cause why this case

11:00 AM

CONT...


Rodney Glen Bassett


Chapter 11

should not be dismissed or converted, and (3) sanction the Debtor in the amount of $50 to be paid to the clerk's office. A response, which may be included in the status report, is due no later than 14 days prior to the February 18, 2021 hearing.


Virtual appearances are required.


*************************************************************************** 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.

Party Information

Debtor(s):

Rodney Glen Bassett Pro Se

11:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 7


#13.00


CONT'D Hearing RE: Chapter 11 Status Conference (S/C set per Order Entered 8/7/2020)

[Case transferred from CB on 7/31/2020]


FR: 10-1-20; 10-30-20


Docket 422

*** VACATED *** REASON: OFF CALENDAR PER ORDER VACATING STATUS CONFERENCE ENTERED 2-5-2021 - (DOCKET NO. [554])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

Eric J Fromme Christopher J Harney

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11


#14.00


Hearing RE: Chapter 11 Debtors' Motion For Approval Of Disclosure Statement Describing Debtors' Liquidating Chapter 11 Plan Of Reorganization

(Motion filed 12/15/2020)


Docket 401


Tentative Ruling:

Tentative for 2/18/21 is to APPROVE, provided that Debtor submits an amended D.S. which fully addresses the U.S. Trustee's comments filed 1/27/21 [Dk. 418], including the expanded reference to potential causes of action, which was not addressed in Debtor's reply filed 2/11/21 [Dk. 427].


In the event that the D.S. is approved, the Court is inclined to set the following dates and deadlines:


  1. Deadline to file amended D.S.: 2/26/21


  2. Deadline to serve Solicitation Package: 3/12/21


  3. Deadline to vote: 4/15/21


  4. Deadline to file and serve objection to the plan: 4/15/21


  5. Deadline to file ballot summary and confirmation brief: 4/29/21


  6. Confirmation hearing: May 20, 2021, at 11:00 a.m.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

    11:00 AM

    CONT...


    Rockport Development, Inc.


    Chapter 11

    and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1604056982 Meeting ID: 160 405 6982

    Password: 644475

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 405 6982

    Password: 644475


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


    Party Information

    Debtor(s):

    Rockport Development, Inc. Represented By Matthew Grimshaw

    11:00 AM

    CONT...


    Movant(s):


    Rockport Development, Inc.


    David Wood


    Chapter 11

    Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

    11:00 AM

    8:20-11339


    Rockport Development, Inc.


    Chapter 11


    #15.00


    CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

    (Petition filed 5/7/2020)


    FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB); 7-16-20; 10-8-20; 12-17-20


    Docket 1


    Tentative Ruling:

    Tentative for 2/18/21:


    Debtor's Status Report filed 2/4/21 [Dk. 421] requests a 60 day continuance of the Court ordered claim objection deadline from 2/28/21 to 4/30/21. Debtor's counsel should be prepared to appear and explain to the Court in greater detail why such extension is necessary, and why such relief was sought pursuant to the status conference instead a noticed motion.


    The Court is inclined to set a continued status conference on May 20, 2021, at 11:00 a.m., to be heard concurrently 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/1604056982 Meeting ID: 160 405 6982

    11:00 AM

    CONT...


    Rockport Development, Inc.


    Chapter 11

    Password: 644475

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 405 6982

    Password: 644475


    For further details, please consult the 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 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 disclosure statement, which is anticipated 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

    11:00 AM

    CONT...


    Rockport Development, Inc.


    Chapter 11

    status report is due 14 days in advance. Appearances for the 10/8 hearing are excused.

    ***************************************************************************** Tentative for 7/16/20 is to CONTINUE to October 8, 2020 at 11:00 a.m., and set the following dates/deadlines:


    1. Claims Bar Date: 8/15/20

    2. Deadline for filing Claim Objections: 12/31/20

    3. Deadline to file Plan and Disclosure Statement: 9/4/20


Virtual appearances are required.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#16.00


Hearing RE: Adequacy Of The Disclosure Statement Describing Joint Chapter 11 Plan Of Reorganization Of Golden Hotel LLC And Golden Capital Venture LLC

(D.S. filed 12/21/20)


Docket 140


Tentative Ruling:

Tentative for 2/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604056982 Meeting ID: 160 405 6982

Password: 644475


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 405 6982

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11


Password: 644475


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#17.00


CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

(Petition filed 9/21/2020) FR: 11-5-20

Docket 93


Tentative Ruling:

Tentative for 2/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604056982 Meeting ID: 160 405 6982

Password: 644475


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 160 405 6982

Password: 644475


For further details, please consult the 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 1/7/21:


The Court is inclined to set a continued status conference for March 11, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Virtual appearances are required.


**************************************************************************** Tentative for 11/5/20:


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


  1. Claims Bar Date: February 5, 2021


  2. Notice of Claims Bar Date: November 30, 2020


  3. Deadline to file Plan and Disclosure Statement: December 21, 2020 (statutory deadline)


Virtual appearances are required.

11:00 AM

CONT...


Debtor(s):


Golden Hotel LLC


Party Information


Chapter 11

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#18.00


CONT'D Motion for relief from stay [Real Property]


Wells Fargo Bank, National Association, As Trustee For The Benefit Of The Holders Of Morgan Stanley Capital I Trust 2015-UBS8, Commercial Mortgage Pass-Through Certificates, Series 2015-UBS8 vs. DEBTOR

(Motion filed 1/6/2021)


[RE: 7762 Beach Boulevard, Buena Park, Orange County, California 90620]


FR: 2-4-21


Docket 153


Tentative Ruling:

Tentative for 2/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604056982 Meeting ID: 160 405 6982

Password: 644475


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 405 6982

Password: 644475


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Movant(s):

Wells Fargo Bank, National Represented By Marcus Colabianchi Rosanne Ciambrone

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#19.00


CONT'D Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral And Turnover Of Estate Property

(Motion filed 9/22/2020)


FR: 9-23-20; 10-22-20; 11-5-20; 1-7-21


Docket 15


Tentative Ruling:

Tentative for 2/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604056982 Meeting ID: 160 405 6982

Password: 644475


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 160 405 6982

Password: 644475


For further details, please consult the 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 1/7/21.


Virtual appearances are required.

******************************************************************************** Tentative for 11/5/20:


Virtual appearances are required.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

11:00 AM

CONT...


Golden Hotel LLC


Timothy W Evanston


Chapter 11

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#20.00


CONT'D Hearing RE: Motion For Order Authorizing Debtors To Obtain Second Unsecured Line Of Credit Pursuant To 11 U.S.C. Section 364(b)

(Motion filed 12/24/2020) FR: 1-21-21

Docket 146


Tentative Ruling:

Tentative for 2/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604056982 Meeting ID: 160 405 6982

Password: 644475


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 160 405 6982

Password: 644475


For further details, please consult the 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 1/21/21 is to GRANT authorization through and including February 18, 2021, and set a continued hearing date on February 18, 2021, at 11:00 a.m., to be heard concurrently with the continued cash collateral motion and other related matters. A status report shall be provided no later than 14 days prior to the continued hearing.


While the Motion [Dk. 146] requests authorization to borrow funds to cover expenses through and including March 21, 2021, the Court notes that the Reply [Dk. 168] requests authorization to cover expenses through and including February 18, 2021.


Virtual appearances are required.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

CONT...

Movant(s):


Golden Hotel LLC


Chapter 11

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Timothy W Evanston

Golden Capital Venture LLC Represented By Michael Simon

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#21.00


CONT'D Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-cv-08313- JAK-JPR

(Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21


Docket 212


Tentative Ruling:

Tentative for 2/18/21:


This matter is CONTINUED to April 28, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 2/18 hearing are excused.


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


This matter is CONTINUED to February 18, 2021, at 1:30 p.m. A status report is due 14 days in advance.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


***************************************************************************** Tentative for 1/6/21 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


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

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

******************************************************************************* Tentative for 11/18/20:


In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


The 11/18 hearing is hereby vacated; appearances will not be permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#22.00


CONT'D Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21


Docket 219


Tentative Ruling:

Tentative for 2/18/21:


This matter is CONTINUED to April 28, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 2/18 hearing are excused.


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


This matter is CONTINUED to February 18, 2021, at 1:30 p.m. A status report is due 14 days in advance.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


******************************************************************************** Tentative for 1/6/21 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*************************************************************************** Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

status report shall be due 14 days in advance.


The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


****************************************************************************** Tentative for 11/18/20:


In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


The 11/18 hearing is hereby vacated; appearances will not be permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

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


Tuesday, February 23, 2021

Hearing Room

126


10:00 AM

6:19-10179


Hector M Araiza, Jr.


Chapter 7

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


#1.00


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


(Cont. from 10/26/20)


Docket 1


Debtor(s):

*** VACATED *** REASON: CONTINUED TO 8/24/21 @ 10:00 A.M. BY ORDER ENTERED 2/10/21

Party Information

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

6:20-17776


Adrian Avelar Acero


Chapter 7


#1.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and Golden 1 Credit Union in the amount of $31,742.72


Re: 2018 Dodge Charger


Docket 9


Tentative Ruling:

Tentative for 3/2/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1602700316 Meeting ID: 160 270 0316

Password: 168262


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 270 0316

10:00 AM

CONT...


Adrian Avelar Acero


Chapter 7


Password: 168262


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Adrian Avelar Acero Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-17458


Julio Cesar Baltodano


Chapter 7


#2.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and American Auto Financing, Inc. in the amount of $10,819.10


Re: 2013 Scion


Docket 10


Tentative Ruling:

Tentative for 3/2/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1602700316 Meeting ID: 160 270 0316

Password: 168262


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 270 0316

10:00 AM

CONT...


Julio Cesar Baltodano


Chapter 7


Password: 168262


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Julio Cesar Baltodano Represented By

David Hernandez Jr

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-17328


Steven Craig Lee and Jana Lynn Lee


Chapter 7


#3.00


The Law Offices of Lindsey Hansen - movant attorney Motion for Relief from Stay

Sherry Schadeck and Kathleen Greco vs. DEBTOR (Motion filed 2/8/20)


Re: ACTION IN NON-BANKRUPTCY FORUM


Docket 14

*** VACATED *** REASON: CONTINUED TO 4/27/21 @ 10:00 A.M. BY AMENDED MOTION FILED 2/16/21

Tentative Ruling:

Party Information

Debtor(s):

Steven Craig Lee Represented By

Ethan Kiwhan Chin

Joint Debtor(s):

Jana Lynn Lee Represented By

Ethan Kiwhan Chin

Movant(s):

Sherry Schadeck Represented By Lindsey Hansen

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:20-18153


Talise N Robinson


Chapter 7


#4.00


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

Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 1/25/21)


Re: 2013 Toyota Camry EH            

Docket 8


Tentative Ruling:

Tentative for 3/2/21:


Grant pursuant to §§ 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 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: 160 270 0316


Password: 168262


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Talise N Robinson


Chapter 7

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Talise N Robinson Represented By Aaron Lloyd

Movant(s):

TOYOTA MOTOR CREDIT Represented By Austin P Nagel

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:21-10058


Garilou Bagus


Chapter 7


#5.00


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

Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 1/29/21)


Re: 2017 Toyota RAV4 EH            

Docket 9


Tentative Ruling:

Tentative for 3/2/21:


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: 160 270 0316


Password: 168262


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Garilou Bagus


Chapter 7

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Garilou Bagus Represented By Terrence Fantauzzi

Movant(s):

TOYOTA MOTOR CREDIT Represented By Kirsten Martinez

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:15-20279


Mohammad Far and Ruth Ann Far


Chapter 7


#6.00


CONT 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


From 12/1/20 EH            


Docket 70


Tentative Ruling:

Tentative for 3/2/21:


This matter is CONTINUED to May 18, 2021, at 11:00 a.m. in light of the ongoing litigation in State Court. A status report, whether unilateral or joint, is due 14 days in advance and should detail the status of the State Court action.


The Court previously requested that the Respondents lodge a scheduling order, noting that a status report was required to be filed by not later than 14 days in advance of the 3/2 hearing. No order was lodged, or entered.

Additionally, the status report was late filed on 2/17/21 [Dk. 77] (one day after the deadline), and did not provide sufficient information to

demonstrate that the attached email approval from Respondents' counsel was obtained in response to the status report actually filed with this Court, as is required by General Order 20-12 (located on the Court's external website).


The Court will excuse the non-compliance in this instance. However, future failure to comply may result in the imposition of monetary or non-monetary sanctions, including dismissal.


Appearances for the 3/2 hearing are excused.

11:00 AM

CONT...


Mohammad Far and Ruth Ann Far


Chapter 7


***************************************************************************** Tentative for 12/1/20:


Counsels should appear virtually, and have all evidence and pleadings readily available during the hearing.

Party Information

Debtor(s):

Mohammad Far Represented By Stephen H Darrow

Joint Debtor(s):

Ruth Ann Far Represented By

Stephen H Darrow

Trustee(s):

Larry D Simons (TR) Represented By

Howard M Ehrenberg Jessica Vogel

11:00 AM

6:18-17561


Nely Avelar


Chapter 7


#7.00


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

[Lynda Bui, chapter 7 Trustee] [Fees; $5875.00; Expenses; $19.50}


[Shulman Bastian Friedman & Bui, attorneys for chapter 7 trustee] [Fees; $15105.50; Expenses $992.99]


[Hahn Fife & Company, tax preparer] [Fees; $1000.00; Expenses; $0]


Docket 56


Tentative Ruling:

Tentative for 3/2/21 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: 161 227 2916


Password: 444873

11:00 AM

CONT...


Nely Avelar


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Nely Avelar Represented By

Suzette Douglas

Trustee(s):

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

11:00 AM

6:19-17569


Luis Mateo Quinonez and Carmen Quinonez


Chapter 7


#8.00


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

[Howard Grobstein, chapter 7 trustee] [Fees; $1170.54; Expenses; $0]


Docket 26


Tentative Ruling:

Tentative for 3/2/21 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: 161 227 2916


Password: 444873


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Luis Mateo Quinonez and Carmen Quinonez


Chapter 7

Luis Mateo Quinonez Represented By James G. Beirne

Joint Debtor(s):

Carmen Quinonez Represented By James G. Beirne

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:19-17799


Gina Marie Elias


Chapter 7


#9.00


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

[A. Cisneros, chapter 7 trustee] [Fees; $1956.99; Expenses; $238.39]


[Donald T. Fife, Tax Preparer] [Fees; $1000.00; Expenses $0]


Docket 54


Tentative Ruling:

Tentative for 3/2/21 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: 161 227 2916


Password: 444873


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


Gina Marie Elias


Party Information


Chapter 7

Gina Marie Elias Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:19-18944


Juwan Lamar Lewis


Chapter 7


#10.00


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

[Howard Grobstein, chapter 7 trustee] [Fees; $1453.39; Expenses $0]


Docket 35


Tentative Ruling:

Tentative for 3/2/21 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: 161 227 2916


Password: 444873


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Juwan Lamar Lewis


Chapter 7

Juwan Lamar Lewis Represented By

Rabin J Pournazarian

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:19-19750


Delta Hospice of California Inc


Chapter 7


#11.00


Hrg. on creditor W.I.I.R.E., LLC Motion filed 1/25/21 to Obtain Debtor's Financial Records from the Trustee


EH            


Docket 111


Tentative Ruling:

Tentative for 3/2/21:


This matter is CONTINUED to April 27, 2021, at 11:00 a.m.


Given the circumstances of this case (i.e., an unrepresented corporate debtor), the Court will require service of this motion to the attention to an officer, principal, or agent of Debtor. The proof of service attached to the motion indicates that it was served via mail to Debtor's address, but was not directed to the attention of an officer, principal, or agent for service of process. Therefore, the matter is continued to April 27, 2021, at 11:00 a.m. to allow Movant to serve Debtor in accordance with this directive.


A Supplemental Proof of Service must be filed, reflecting service in the manner required above, by not later than March 31, 2021.


Appearances for the 3/2 hearing are excused.

Party Information

Debtor(s):

Delta Hospice of California Inc Pro Se

Trustee(s):

Todd A. Frealy (TR) Represented By Carmela Pagay

11:00 AM

6:19-19924


Sean K Wong and Susi Lee


Chapter 7


#12.00


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

[Howard Grobstein, chapter 7 trustee] [Fees; $1100.00; Expenses; $0]


Docket 105


Tentative Ruling:

Tentative for 3/2/21 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: 161 227 2916


Password: 444873


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Sean K Wong and Susi Lee


Chapter 7

Sean K Wong Represented By

David S Hagen

Joint Debtor(s):

Susi Lee Represented By

David S Hagen

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:19-20276


James Dale Powell and Ann Palmer Powell


Chapter 7


#13.00


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

[A. Cisneros, chapter 7 trustee] [Fees; $2845.54; Expenses; $131.89]


Docket 35


Tentative Ruling:

Tentative for 3/2/21 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: 161 227 2916


Password: 444873


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


James Dale Powell and Ann Palmer Powell


Chapter 7

James Dale Powell Represented By Jenny L Doling

Joint Debtor(s):

Ann Palmer Powell Represented By Jenny L Doling

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#14.00


Hrg. on Debtor's Motion filed 1/28/21 For Order Amending Prior Order Granting Debtor's Motion for Approval Of and Authorization To Enter Into Settlement Agreement With Putative Class Representatives


EH            


Docket 399

*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF AMENDED MOTION ON 2/23/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:19-18454


Gregory Allen Paiva


Chapter 7

Adv#: 6:19-01176 Sekermestrovich v. Paiva


#15.00


CONT PRE-TRIAL CONFERENCE re: Complaint by Dennis Sekermestrovich against Gregory Allen Paiva - §§523(a)(2), 523(a)(6)


(Cont. by order entered on 8/28/20 (doc. 28)) EH            


Docket 1

*** VACATED *** REASON: CONTINUED TO 6/1/21 BY ORDER ENTERED ON 12/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gregory Allen Paiva Represented By Christian J Albut

Defendant(s):

Gregory Allen Paiva Pro Se

Plaintiff(s):

Dennis Sekermestrovich Represented By John A Boyd

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:19-21098


Charles Slone


Chapter 7

Adv#: 6:20-01031 Khaddour et al v. Slone et al


#16.00


CONT STATUS CONFERENCE re: Complaint by Nazih Khaddour, Robin Khaddour against Charles Slone, Lynn Slone for 523(a)(2) & 523(a)(6) causes of action


From: 6/10/20, 11/4/20 EH            

Docket 1

*** VACATED *** REASON: ADVERSARY DISMISSED ON 12/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Slone Represented By Michael J Hemming

Defendant(s):

Charles Slone Represented By Michael J Hemming

Lynn Slone Represented By

Michael J Hemming

Joint Debtor(s):

Lynn Slone Represented By

Michael J Hemming

Plaintiff(s):

Nazih Khaddour Represented By Tyler H Brown

1:30 PM

CONT...


Charles Slone


Chapter 7

Robin Khaddour Represented By Tyler H Brown

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-10700


Javier A Garcia Hernandez


Chapter 7

Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.


#17.00


CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay and Violation of Section 19719 of the Cal. Rev. and Tax Code


From: 11/4/20,12/16/20,2/17/20 EH             

Docket 1

*** VACATED *** REASON: CONTINUED TO 5/4/21 BY ORDER ENTERED ON 2/19/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Javier A Garcia Hernandez Represented By

George C Panagiotou

Defendant(s):

Curacao, LTD A California Limited Pro Se Southwest Law Group PC Pro Se

Ramy Wasef Shoukry Pro Se

Joint Debtor(s):

Tatiana Ferrufino Represented By

George C Panagiotou

Plaintiff(s):

Tatiana Ferrufino Represented By

1:30 PM

CONT...


Trustee(s):


Javier A Garcia Hernandez


George C Panagiotou Stephan A Hoover


Chapter 7

Larry D Simons (TR) Pro Se

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#18.00


Debtor's Motion for Order Approving Sale of Real Property Pursuant to 11

U.S.C. §363 Free and Clear of All Liens, Claims, and Interests, and Granting Certain Other Related Relief


EH            


Docket 188


Tentative Ruling:

Tentative for 3/2/21 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/1603402727 Meeting ID: 160 340 2727

Password: 300091


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

Meeting ID: 160 340 2727

Password: 300091


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-14307


Pimlico Ranch, LLC


Chapter 11


#19.00


CONT. Hrg. on Chapter 11 Status Conference From: 8/18/20,1/19/21

EH            


Docket 0


Tentative Ruling:

Tentative for 3/2/21:


Virtual appearances are required.


The Court is inclined to set a CONTINUED status conference date of June 1, 2021, at 1:30 p.m. A status report is required 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 by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603402727 Meeting ID: 160 340 2727

Password: 300091

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

1:30 PM

CONT...

Pimlico Ranch, LLC

Chapter 11

conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 340 2727


Password: 300091


For further details, please consult the 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 1/19/21 is to set a CONTINUED status conference date of March 2, 2021, at 1:30 p.m., as a holding date, pending resolution of the related consolidation motions. If the case is not consolidated by the continued date for any reason, a status report is due 14 days in advance.


Virtual appearances are required.


****************************************************************************** Tentative for 8/18/20:


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


  1. Deadline to File Plan & D.S. - September 20, 2020 (statutory deadline)

  2. Deadline to file Avoidance Actions - October 31, 2020

    1:30 PM

    CONT...


    Pimlico Ranch, LLC

  3. Proof of Claims Deadline - November 15, 2020

  4. Deadline to file Objections to Claims - December 31, 2020


Chapter 11


Virtual appearances are required.

Party Information

Debtor(s):

Pimlico Ranch, LLC Represented By Robert M Yaspan

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#20.00


CONT. Evidentiary 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            


From: 1/21/21


Docket 215

*** VACATED *** REASON: ORDER VACATING HEARING ENTERED ON 2/24/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Movant(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#21.00


CONT. 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.


From: 12/15/20,1/21/21 EH            

Docket 280

*** VACATED *** REASON: ORDER DENYING MOTION FOR ADMINISTRATIVE CLAIM ENTERED 2/24/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#22.00


Farivar Law Firm, APC - movant attorney CONT. 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 From: 12/15/20,1/21/21

EH            


Docket 283

*** VACATED *** REASON: ORDER DENYING RELIEF FROM STAY ENTERED ON 2/24/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#23.00


Park & Lim - movant attorney Motion for Relief from Stay

U.S. Metro Bank vs. DEBTOR (Motion filed 12/28/20)


Re: 12203 Magnolia Ave., Riverside, CA 92503


Docket 303

*** VACATED *** REASON: CONTINUED TO 3/23/21 @ 1:30 P.M BY ORAL MOTION ON 1/19/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#24.00


CONT Hrg. on chapter 11 status conference EH            

From: 9/1/20, 10/6/20,1/19/21


Docket 0


Tentative Ruling:

Tentative for 3/2/21:


Virtual appearances are required.


The Court is inclined to set a CONTINUED status conference date of June 1, 2021, at 1:30 p.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 by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603402727 Meeting ID: 160 340 2727

Password: 300091

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

1:30 PM

CONT...

Ben Clymer's The Body Shop Perris Inc.

Chapter 11

conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 340 2727


Password: 300091


For further details, please consult the 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 1/19/21 is to set a CONTINUED status conference date of March 2, 2021, at 1:30 p.m. A status report is due 14 days in advance.


Virtual appearances are required.


*************************************************************************** Revised Tentative for 10/6/20:


After further review of the docket, the Court will conduct this status conference.


Virtual appearances are required.

Party Information

1:30 PM

CONT...

Debtor(s):


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P.

1:30 PM

6:20-16038


Tara Stevens Young


Chapter 7

Adv#: 6:20-01193 Hoffman v. Young et al


#25.00


STATUS CONFERENCE re: Complaint by Alisa Hoffman against Tara Stevens Young, Ashley Rose Young for determination of non-dischargeability pursuant to Sections 523(a)(2)(A), (a)(2)(B), and (a)(6)


EH            


Docket 1


Tentative Ruling:

Tentative for 3/2/21:


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


  1. Discovery cutoff: August 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: September 30, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


  3. Pretrial conference: October 19, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


Tara Stevens Young


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603402727 Meeting ID: 160 340 2727

Password: 300091

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 340 2727

Password: 300091


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

1:30 PM

CONT...

Debtor(s):


Tara Stevens Young


Chapter 7

Tara Stevens Young Represented By Steven A Alpert

Defendant(s):

Tara Stevens Young Pro Se

Ashley Rose Young Pro Se

Joint Debtor(s):

Ashley Rose Young Represented By Steven A Alpert

Plaintiff(s):

Alisa Hoffman Represented By Paul D Toepel Jr

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:20-16132


MILES D. THOMPSON


Chapter 7

Adv#: 6:20-01203 D'Aquila et al v. Thompson


#26.00


STATUS CONFERENCE re: Complaint by Emory D'Aquila, Zachary D'Aquila against MILES D. THOMPSON for denial of discharge pursuant to 727 and determination of dischargeability pursuant to 523(a)(2)(A), (a)(4), and (a)(6)


EH            


Docket 1


Tentative Ruling:

Tentative for 3/2/21:


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


  1. Discovery cutoff: August 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: October 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: November 30, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


MILES D. THOMPSON


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603402727 Meeting ID: 160 340 2727

Password: 300091

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 340 2727

Password: 300091


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

1:30 PM

CONT...

Debtor(s):


MILES D. THOMPSON


Chapter 7

MILES D. THOMPSON Represented By Jeffrey T Gwynn

Defendant(s):

MILES D. THOMPSON Pro Se

Plaintiff(s):

Emory D'Aquila Represented By Solomon A Cheifer

Zachary D'Aquila Represented By Solomon A Cheifer

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:20-16132


MILES D. THOMPSON


Chapter 7

Adv#: 6:20-01204 Wallace v. Thompson


#27.00


STATUS CONFERENCE RE: Complaint by Peter Wallace against MILES D. THOMPSON for nondischargeability causes of action under 523(a)(2), (a)(4) and (a)(6)


EH            


Docket 1


Tentative Ruling:

Tentative for 3/2/21:


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


  1. Discovery cutoff: August 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: October 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: November 30, 2021, at 1:30 p.m.


    The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

    1:30 PM

    CONT...


    MILES D. THOMPSON


    Chapter 7


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1603402727 Meeting ID: 160 340 2727

    Password: 300091

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 340 2727

    Password: 300091


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    1:30 PM

    CONT...

    Debtor(s):


    MILES D. THOMPSON


    Chapter 7

    MILES D. THOMPSON Represented By Jeffrey T Gwynn

    Defendant(s):

    MILES D. THOMPSON Pro Se

    Plaintiff(s):

    Peter Wallace Represented By

    Caroline Djang

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    10:00 AM

    8:21-10169


    Elidia Guzman


    Chapter 7


    #1.00


    Motion for relief from stay [Personal Property]


    Toyota Motor Credit Corporation v. DEBTOR (Motion filed 2/8/2021)


    [RE: 2016 Toyota Corolla - 5YFBURHE0GP564748]


    Docket 7


    Tentative Ruling:

    Tentative for 3/3/21:


    Grant pursuant to §§ 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 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: 160 171 8054


    Password: 595601


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    10:00 AM

    CONT...

    Debtor(s):


    Elidia Guzman


    Chapter 7

    Elidia Guzman Pro Se

    Movant(s):

    TOYOTA MOTOR CREDIT Represented By Austin P Nagel

    Trustee(s):

    Jeffrey I Golden (TR) Pro Se

    11:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7


    #2.00


    CONT'D Hearing RE: Motion For Allowance And Payment Of Administrative Claim Of Norio, Inc. In The Amount Of $50,000.00

    (Motion filed 1/5/2021) FR: 2-3-21

    Docket 1007


    Tentative Ruling:

    Tentative for 3/3/21 is to DENY.


    Movant seeks to change the characterization of its claim for $50K, based on a pre-petition loan by Movant to Debtor, from a general unsecured claim to an administrative claim, arguing that "subrogation" applies because the pre- petition loan was provided to Debtor for the purpose of paying Debtor’s legal fees.


    "[O]nly post-petition debts may be treated as administrative expenses; pre- petition debts may not be granted administrative-expense priority." In re Bce W., 319 F.3d 1166, 1172 (9th Cir. 2003)(emphasis in original). Further, Section 503(b) is required to be "narrowly construed." Kipperman v. Internal Revenue Serv. (In re 800Ideas.Com, Inc.), 496 B.R. 165, 175 (9th Cir. BAP 2013) (citing In re Dant & Russell, Inc., 853 F.2d 700, 706 (9th Cir. 1988)).


    The case law provided by Movant does not adequately demonstrate that the application of the doctrine of equitable subordination to a pre-petition loan may elevate the status of such a claim from general unsecured to an administrative claim pursuant to § 503(b). As Movant has failed to provide adequate legal authority which supports the relief sought, 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

    11:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7

    videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1615883500 Meeting ID: 161 588 3500

    Password: 245572

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 588 3500

    Password: 245572


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Andrea Steinmann Downs


    Chapter 7

    Andrea Steinmann Downs Pro Se

    Movant(s):

    Norio, Inc. Represented By

    Eric S Pezold Marshall J Hogan Jener N Sakiri Mark D Johnson

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    11:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7


    #3.00


    CONT'D Hearing RE: Motion for Allowance And Payment Of Administrative Claim of Creditors Hausman Holdings, LLC and David and Pamela Moellenhoff Pursuant To 11 U.S.C. Section 503(b)(1)(A) In The Amount Of $74,722.00 (Motion filed 1/6/2021)


    FR: 2-3-21


    Docket 1010


    Tentative Ruling:

    Tentative for 3/3/21 is to DENY.


    Movants seek allowance of an administrative claim in the amount of

    $74,772.00, for monetary sanctions awarded by the Court against Debtor during the pendency of Debtor's bankruptcy proceedings.


    Section 503(b) is required to be "narrowly construed." Kipperman v. Internal Revenue Serv. (In re 800Ideas.Com, Inc.), 496 B.R. 165, 175 (9th Cir. BAP 2013) (citing In re Dant & Russell, Inc., 853 F.2d 700, 706 (9th Cir. 1988). A creditor claiming administrative expense treatment under § 503(b)(1)(A) must show that the claim "directly and substantially benefited the estate." In re DAK Indus., Inc. 66 F.3d 1091, 1094 (9th Cir. 1995).


    Movants argue that the award of sanctions was "the result of work performed by the Movants and their counsel over a one-year period in order to get the Debtor to comply with the Court’s order to produce documents and to maintain the integrity of the bankruptcy process" and that such work "resulted in a substantial benefit to the estate as it has uncovered assets which the Trustee has monetized and exposed the Debtor’s misrepresentations." Motion, Dk. 1010, pg. 6:1-8.


    This Court is not convinced that the alleged benefit to the estate flowing directly from Movant's actions was "substantial."

    11:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7


    Further, the Court finds In re McIntyre, 96 B.R. 70, 71 (Bankr. S.D. Miss. 1989) persuasive where the court denied a motion to afford a 9011 sanctions award administrative priority, finding that allowing payment of sanctions as an administrative expense "would be detrimental to subordinate creditors who had nothing to do with the conduct leading to the sanctions." In re McIntyre, 96 B.R. 70, 71 (Bankr. S.D. Miss. 1989).


    In the alternative, Movants have requested that the Court deem the sanctions award non-dischargeable in light of Debtor's conduct. The sanctions were issued post-petition and therefore are not subject to discharge. Thus, the Court is unclear as to exactly what is being requested. Further, Movants have provided no legal authority supporting the requested relief.


    Therefore, this 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/1615883500 Meeting ID: 161 588 3500

    Password: 245572

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    11:00 AM

    CONT...

    Andrea Steinmann Downs

    Chapter 7

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 588 3500


    Password: 245572


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Andrea Steinmann Downs Pro Se

    Movant(s):

    Pamela Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

    David Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress

    11:00 AM

    CONT...


    Andrea Steinmann Downs


    Jennifer L Nassiri Brett Ramsaur


    Chapter 7

    Hausman Holdings, LLC Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    11:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7


    #4.00


    CONT'D Hearing RE: Motion For Allowance And Payment Of Administrative Expense Claim of Creditors Hausman Holdings, LLC and David and Pamela Moellenhoff Pursuant To 11 U.S.C. Sections 503(b)(3)(D) And 503(b)(4) In The Amount Of $531,645.08

    (Motion filed 1/6/2021) FR: 2-3-21

    Docket 1011


    Tentative Ruling:

    Tentative for 3/3/21 is to DENY.


    Movants seeks allowance of an administrative claim in the amount of

    $531,645.08 for reimbursement of certain amounts paid by Movants for professional services rendered by their counsel (i) Venable LLP, (ii) Raines Feldman LLP, and (iii) Pepper Hamilton LLP.


    Section 503(b) is required to be "narrowly construed." Kipperman v. Internal Revenue Serv. (In re 800Ideas.Com, Inc.), 496 B.R. 165, 175 (9th Cir. BAP 2013) (citing In re Dant & Russell, Inc., 853 F.2d 700, 706 (9th Cir. 1988). A creditor claiming administrative expense treatment under § 503(b)(1)(A) must show that the claim "directly and substantially benefited the estate." In re DAK Indus., Inc. 66 F.3d 1091, 1094 (9th Cir. 1995).


    Movants argue that "Movants, among other things, (a) disclosed numerous omissions from the Debtor’s Schedules of Assets and Liabilities (the “Schedules”), which forced the Debtor to amended her Schedules and disclose additional assets; (b) forced the Debtor to respond to the Rule 2004 Order, which resulted in the Debtor’s disclosure that millions of dollars in assets have been inexplicably dissipated prior to the Petition Date; (c) unearthed the existence of a family trust from which the Debtor was removed immediately prior to the Petition Date; (d) exposed the Debtor’s false testimony regarding her lack of knowledge regarding the existence of such a

    11:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7

    trust; (e) objected to the Debtor’s counsel’s ability to represent the Debtor in connection with litigation relating to her exemption claims, which would have provided no benefit to the Debtor’s estate; (f) monitored and disclosed to the Court the Debtor’s monthly dissipation of limited resources on, among other things, her horses, her adult children and her then boyfriend’s storage facility; and (g) exposed the transactions relating to Norio, Inc. and Excelsior Properties, LLC, which unnecessarily encumbered assets of the estate immediately prior to the Petition Date." Motion, Dk. 1011, pg. 8:15-27.


    "In the Ninth Circuit, the principal test of substantial contribution is the extent of benefit to the estate. Services that contribute to a case are those which foster and enhance, rather than retard or interrupt the progress of reorganization. Courts have also considered:


    1. Whether the services were undertaken solely for the benefit of the party itself or for the benefit of all parties in the case;


    2. Whether the services were actions that would have been taken by the party on its own behalf, absent an expectation of reimbursement from the estate;


    3. Whether the party can demonstrate that its actions provided a direct, significant and demonstrable benefit to the estate;


    4. Whether the benefit conferred upon the estate exceeds the costs sought to obtain that benefit; and


    5. Whether the actions were duplicative of those being taken by other parties in the case, such as the debtor, a trustee or an official committee."


In re 1250 Oceanside Partners, 519 B.R. 802, 806-07 (Bankr. D. Haw. 2014) (internal citations omitted).


Movants, as the holders of an approximately $4.5 million dollar claim, would have undertaken those actions absent any reimbursement by the Estate.

Further, those actions lack any "direct, significant and demonstrable benefit to

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

the estate," are far exceeded by the "costs sought to obtain the benefit," and are "duplicative" to the work that was or should have been undertaken by other parties in the case, including the Chapter 7 Trustee. Id.


In light of the foregoing, this 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/1615883500 Meeting ID: 161 588 3500

Password: 245572

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 588 3500

Password: 245572

For further details, please consult the 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,

11:00 AM

CONT...

Andrea Steinmann Downs

Chapter 7

so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Movant(s):

Pamela Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

David Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

Hausman Holdings, LLC Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

11:00 AM

CONT...

Trustee(s):


Andrea Steinmann Downs


Chapter 7

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#5.00


CONT'D Hearing RE: Motion Of Bosley Till LLP fka Bosley Till Neue & Talerico LLP For Allowance And Payment Of Its Chapter 11 Section 503(b)

Administrative Expense Claim (Motion filed 7/10/2020)

(Order Setting Hearing Entered 12/2/2020) FR: 2=3=21

Docket 920


Tentative Ruling:

Tentative for 3/3/21:


Movant, Debtor's former counsel, has filed two administrative claims against Debtor's estate: (1) POC #11 in the amount of $154,441.00 for work performed prior to the conversion to Chapter 7, and (2) POC #12 in the amount of $19,539.37 for work performed post-conversion.


Section 503(b)(4) provides for the reimbursement of "reasonable compensation for professional services" for "actual, necessary costs and expenses of preserving the estate."


The detailed time records provided in Movant's supplemental declaration [Dk. 1012] reflect pre-conversion fees of $239,074.25, rather than the $154,441.00 sought by Movant's claim. The Court is inclined to GRANT the motion with respect to pre-conversion fees in the lower amount requested, $154,441.00, noting that the higher fee amount may reflect fees related to duplicative efforts and efforts which provided little benefit to the estate.


Movant argues that it should also be reimbursed for the post-conversion services, in the amount of $19,539.37, which were performed to assist the Chapter 7 Trustee "with the collection of the Debtor’s books and records, preparation of the final chapter 11 debtor report, and providing necessary historical background information regarding the case, including the ongoing

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

disputes with creditors the Hausman Creditors, discovery propounded by the Hausman Creditors, and the results of the Hausman Creditors’ state court trial." Reply, Dk. 1045, pg. 4:15-20.


It is unclear whether such post-petition services were "actual, necessary costs" that were not duplicative of the Trustee's responsibilities upon the conversion of the case. Moreover, while Movant was employed in the Chapter 11 case, Movant was not employed in the Chapter 7. The Court is not convinced that Movant has met his burden in demonstrating that these tasks were necessary to preserve the estate and would like to hear from the Trustee on this issue.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1615883500 Meeting ID: 161 588 3500

Password: 245572

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 588 3500

11:00 AM

CONT...

Andrea Steinmann Downs

Chapter 7

Password: 245572


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Movant(s):

Bosley Till Neue & Talerico LLP Represented By

James E Till

Bosley Till Neue & Talerico LLP Represented By

James E Till

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-15156


779 Stradella, LLC, a Delaware Limited Liability C


Chapter 7


#6.00


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

(Final Report filed 1/20/2021)


[RE: THOMAS H. CASEY - Chapter 7 Trustee] [Fees: $8,669.58; Expenses: $1,066.76]


[RE: WEILAND GOLDEN GOODRICH LLP - Attorneys For Chapter 7 Trustee]

[Fees: $94,945.00; Expenses: $2,653.12]

(Proposed Payment For Fees: $54,073.99; Expenses: 1,511.03)


[RE: HAHN FIFE & COMPANY - Accountants For Chapter 7 Trustee] [Fees: $2,740.00; Expenses: $442.30]


[RE: GOE & FORSYTHE, LLP - Attorneys for D-I-P] [Fees: 80,900.00; Expenses: $939.51]

(Proposed Payment For Fees: $9,863.79; Expenses: 136.21)


Docket 310


Tentative Ruling:

Tentative for 3/3/21 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.

11:00 AM

CONT...


779 Stradella, LLC, a Delaware Limited Liability C


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 588 3500

Password: 245572


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

779 Stradella, LLC, a Delaware Represented By Marc C Forsythe

Movant(s):

Hahn Fife & Company, LLP Pro Se

Trustee(s):

Thomas H Casey (TR) Represented By Jeffrey I Golden Faye C Rasch Beth Gaschen Ryan W Beall

11:00 AM

8:20-11386


Rock & Brews LLC


Chapter 7


#7.00


Hearing RE: First And Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From May 26, 2020 Through January 1, 2021

(Application filed 2/9/2021)


[RE: INDEPENDENT MANAGEMENT SERVICES - Field Representative For The Chapter 7 Trustee]

[Fees: $1,230.00; Expenses: $66.78]


Docket 63


Tentative Ruling:

Tentative for 3/3/21 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: 161 588 3500


Password: 245572


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Rock & Brews LLC


Chapter 7

Rock & Brews LLC Represented By David Wood

Movant(s):

Independent Management Services Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Beth Gaschen

11:00 AM

8:20-11386


Rock & Brews LLC


Chapter 7


#8.00


Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From May 18, 2020 Through January 31, 2021

(Application filed 2/9/2021)


[RE: WEILAND GOLDEN GOODRICH LLP - Attorneys For Chapter 7 Trustee]

[Fees: $25,837.00; Expenses: $761.54]


Docket 64


Tentative Ruling:

Tentative for 3/3/21 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: 161 588 3500


Password: 245572


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Rock & Brews LLC


Chapter 7

Rock & Brews LLC Represented By David Wood

Movant(s):

Weiland Golden Goodrich LLP Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Beth Gaschen

11:00 AM

8:20-11643


James A. Trent


Chapter 7


#9.00


CONT'D Hearing RE: Amended Chapter 7 Trustee's Motion For Turnover Of Property Of The Estate And Objection To Debtor's Claim Of Exemption (Amended motion filed 1/19/2021)


FR: 2-3-21


Docket 108

*** VACATED *** REASON: CONTINUED TO MAY 5, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO CONTINUE THE HEARING ON CHAPTER 7 MOTION ENTERED 2-25-2021 - (DOCKET NO. [121])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James A. Trent Represented By Christine A Kingston

Movant(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 7


#10.00


Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Real Property Free And Clear Of Liens Pursuant To 11 U.S.C. Section 363(f); (2) Approving Overbid Procedures; (3) Approving Broker Compensation; (4) Authorizing Distribution Of Sale Proceeds; (5) Determining That The Proposed Buyers Are "Good Faith Purchasers" Under 11 U.S.C. Section 363(m); And (6) Waiving 14 Day Stay Imposed By Federal Rule Of Bankruptcy Procedure 6004(h)

(Motion filed 2/3/2021)


Docket 150


Tentative Ruling:

Tentative for 3/3/21 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/1615883500 Meeting ID: 161 588 3500

Password: 245572


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 588 3500

Password: 245572


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Movant(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros

Trustee(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros

11:00 AM

8:20-13293


Hyun S Kim


Chapter 7


#11.00


Hearing RE: United States Trustees Motion To Dismiss Chapter 7 Case With A 180 Day Bar To Refiling Pursuant To 11 U.S.C. Sections 707(b)(3)(A), 105(a), 109(g) And 349

(Motion filed 2/3/2021)


Docket 18


Tentative Ruling:

Tentative for 3/3/21 is to DISMISS this case without a 180-day bar to refiling, as requested by Debtor's Opposition filed 2/8/21 [Dk. 22] and agreed to by the United States Trustee's Reply filed 2/17/21 [Dk. 23].

Trustee to lodge an order within seven (7) days. Appearances for the 3/3 hearing are excused.

Party Information

Debtor(s):

Hyun S Kim Represented By

Eric M Sasahara

Movant(s):

United States Trustee (SA) Represented By Michael J Hauser

Trustee(s):

Karen S Naylor (TR) Pro Se

1:30 PM

8:19-10347


Hassan Abbas Kassir


Chapter 7

Adv#: 8:19-01080 Marshack v. Kassir


#12.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727

(Complaint filed 5/6/19)

(Another summons issued 6/17/19) (PTC set at S/C held 11-20-19)


FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20; 11-28-20; 1-20-21


Docket 1


Tentative Ruling:

Tentative for 3/3/21:


Virtual appearances required.


The parties should be prepared to discuss the Joint Pre-Trial Order filed by Plaintiff [Dk. 82] and Defendant's comments thereto [Dk. 84]. The parties should have copies of both documents available to use for reference during the hearing.


Plaintiff will be required to incorporate any and all changes discussed, and then serve and lodge a revised Joint Pre-Trial Order by March 10, 2021.

Defendant shall have seven days to file an objection to the revised Order pursuant to LBR 9021-1(b)(3).


If Defendant seeks to file an objection in the requisite time frame, Defendant must follow the procedures set forth in LBR 9021-1(b)(3)(B) (which can be accessed free of charge on the Court's external website).


The Court will set a continued hearing on May 19, 2021, at 1:30 p.m. to discuss trial procedures and scheduling.

1:30 PM

CONT...


Hassan Abbas Kassir


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/1617284438 Meeting ID: 161 728 4438

Password: 447792

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 728 4438

Password: 447792


For further details, please consult the 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,

1:30 PM

CONT...


Hassan Abbas Kassir


Chapter 7

"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************** 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.

**************************************************************************** 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:


  1. Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


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


  3. Pretrial conference: May 13, 2020 at 11:00 a.m.


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


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

Party Information

1:30 PM

CONT...

Debtor(s):


Hassan Abbas Kassir


Chapter 7

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

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01150 Marshack v. Honda Aircraft Company LLC


#13.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/20/2020) FR: 1-6-21

Docket 1


Tentative Ruling:

Tentative for 3/3/21:


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


  1. Discovery cutoff: August 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: October 15, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: December 1, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617284438 Meeting ID: 161 728 4438

Password: 447792

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 728 4438

Password: 447792


For further details, please consult the 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.


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

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Tentative for 1/6/21 is to CONTINUE to March 3, 2021, at 1:30 p.m. A status report, whether unilateral or joint, is due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Honda Aircraft Company LLC Represented By Brian A Paino

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 Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01149 Marshack v. Osborn


#14.00


Hearing RE: Motion To Dismiss Complaint Under Rule Of Civil Procedure 12(b)

  1. For Failure To State A Claim (Complaint filed 10/20/2020)


    Docket 7


    Tentative Ruling:

    Tentative for 3/3/21 is to DENY.


    Dismissal under Rule 12(b)(6) is appropriate when a complaint fails to provide legal or factual grounds for the requested relief. Fed. R. Civ. P. 12(b)(6); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 544-57 (2007). When a plaintiff pleads "fraud or mistake," they face a heightened pleading burden and must "state with particularity the circumstances constituting fraud." Fed. R. Civ. P 9(b).


    Under California Civil Code §3439.04(a)(1), "a transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligations was incurred, if the debtor [had] . . . actual intent to hinder, delay, or defraud any creditor of the debtor." Cal. Civ. Code § 3439.04(a)(1) (emphasis added).


    Plaintiff’s Complaint provides sufficient factual allegations to demonstrate that the series of payments made between March 26 and June 12, 2014 ("Transfers") related to the repayment of $1 million extended by Mr. Osborn to Global Baristas (a non-Debtor entity) were made as part of an ongoing fraudulent scheme to defraud creditors. Further, contrary to statements in the Motion, Plaintiff's Complaint identifies multiple creditors to which the above statute may apply.


    Therefore, Plaintiff has met its burden, and the Court is inclined to DENY the motion to dismiss.

    1:30 PM

    CONT...


    Eagan Avenatti, LLP


    Chapter 7


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1617284438 Meeting ID: 161 728 4438

    Password: 447792

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 728 4438

    Password: 447792


    For further details, please consult the 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

    1:30 PM

    CONT...


    Eagan Avenatti, LLP


    Chapter 7

    from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    Defendant(s):

    Simeon Osborn Represented By Aaron J Malo

    Movant(s):

    Simeon Osborn Represented By Aaron J Malo

    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 Tinho Mang

    1:30 PM

    8:19-13560


    Eagan Avenatti, LLP


    Chapter 7

    Adv#: 8:20-01149 Marshack v. Osborn


    #15.00


    CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

    (Complaint filed 10/20/2020) FR: 1-6-21

    Docket 1


    Tentative Ruling:

    Tentative for 3/3/21:


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


    1. Discovery cutoff: June 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: July 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: September 1, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1617284438 Meeting ID: 161 728 4438

Password: 447792

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 728 4438

Password: 447792


For further details, please consult the 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.


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

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Tentative for 1/6/21 is to CONTINUE to March 3, 2021 at 1:30 p.m. to be heard concurrently with the Motion to Dismiss filed December 28. 2020 [Dk. 7]. A joint status report will be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Simeon Osborn Represented By Aaron J Malo

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 Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01147 Marshack v. Cascade Capital Group, LLC


#16.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers

(Complaint filed 10/20/2020) FR: 1-6-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF DISMISSAL OF ADVERSARY PROCEEDING PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 7041 AND FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) FILED 1-14-2021 (DOCKET NO. [13])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Cascade Capital Group, LLC 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

1:30 PM

CONT...


Eagan Avenatti, LLP


John P. Reitman Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#17.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Sections 727(a)(3) And 727(a)(4)(a) & (B) (Complaint filed 2/7/2020)

(PTC set per Order Entered 4-23-2020 - docket no. [7]) FR: 4-29-20; 10-21-20

Docket 1

*** VACATED *** REASON: CONTINUED TO MARCH 24, 2021 AT 1:30 P.M. PER ORDER GRANTING MOTION TO EXTEND DEADLINE AND VACATING HEARING ENTERED 12-29-2020 - (DOCKET NO. [44])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran

Defendant(s):

Alisandro Romero Represented By Thomas J Polis

Plaintiff(s):

Michael Petersen Pro Se

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

10:00 AM

8:17-11743


Cecilio Romero Murrietta


Chapter 11

Adv#: 8:20-01177 Gonzalez v. Murrietta et al


#1.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Breach of Warranty;

  2. Negligence; And

  3. Strict Liability

(Notice of Removal filed 12/21/20)


Docket 1

*** VACATED *** REASON: CONTINUED TO APRIL 29, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ON PLAINTIFF CARLOS GONZALEZ'S MOTION FOR ORDER REMANDING CASE TO STATE COURT ENTERED 2-5-2021 - [DOCKET NO. [20])

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Defendant(s):

Cecilio Murrietta Pro Se

David M. Goodrich Represented By Beth Gaschen

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Plaintiff(s):

Carlos Gonzalez Represented By Hector C Perez

10:00 AM

CONT...

Trustee(s):


Cecilio Romero Murrietta


Chapter 11

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#2.00


Hearing RE: Motion by Chapter 7 Trustee For Award Of Attorneys' Fees And Requiring Status Report

[Case transferred from CB on 7/31/2020]


FR: 11-4-20


Docket 862

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11


#3.00


Hearing RE: Motion For Order: (1) Authorizing Sale Of Property Located at 181, 185, And 187 Monterey Road, South Pasadena, CA 91030 (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 2/11/2021)


Docket 428

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-12329

Christopher Alexander Todero

Chapter 11

#4.00


Hearing RE: First Fee Application For Compensation And Reimbursement Of Expenses Incurred As Counsel For The Debtor For The Time Period From August 19, 2020 To January 22, 2021


[RE: LAKE FOREST BANKRUPTCY - Attorneys For Debtor]

[Fees: $25,760.00; Law Clerk Hours - Fees: $311.50; Expenses: $605.33]


Docket 103

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

10:00 AM

6:21-10041

Empire Transportation Services, Inc.

Chapter 7

#1.00


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

Wells Fargo Equipment Finance, Inc. vs. DEBTOR (Motion filed 2/12/21)


Re: Five (5) Motor Coaches with Exhibits A thru C EH            

Docket 17


Tentative Ruling:

Tentative for 3/9/21:


Virtual appearances are required.


Debtor's response filed 2/23/21 [Dk. 21] indicates that the Motion "will be wholly/partially moot" at the time of the hearing; however, Debtor does not address each of the Movant's grounds for relief (e.g., that the property is uninsured) and does not provide legal authority for its assertion that it will assume and assign the leases at issue in this Chapter 7 case.


Additionally, the Court would like to hear from the Chapter 7 Trustee.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID

10:00 AM

CONT...


Empire Transportation Services, Inc.


Chapter 7

and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1604511563 Meeting ID: 160 451 1563

Password: 999097

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 451 1563

Password: 999097


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

10:00 AM

CONT...

Debtor(s):


Empire Transportation Services, Inc.


Chapter 7

Empire Transportation Services, Inc. Represented By

Thomas M Alexander Jr

Movant(s):

Wells Fargo Equipment Finance, Inc. Represented By

Jennifer Witherell Crastz

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

11:00 AM

6:16-13798


DESERT RANCH LLLP


Chapter 7


#2.00


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

[Helen Frazer, chapter 7 trustee] [Fees; $9500.00; Expenses; $4691.90]


[Brown Ridnick LLP, attorney for trustee]

[Fees total requested; $517130.00, proposed payment; $51619.96; Expenses; $18017.14]


[Squar Milner Peterson Miranda & Williamson; accountant for trustee] [Fees; $24426.00; Expenses; $246.23]


[Pathfinder Appraisals; appraiser for trustee; [Fees; $9500.00; Expenses $0]


Docket 172


Tentative Ruling:

Tentative for 3/9/21 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.

11:00 AM

CONT...


DESERT RANCH LLLP


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 091 9376

Password: 240371


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw

Trustee(s):

Helen R. Frazer (TR) Represented By Samuel A Moniz Honieh H Udenka Cathrine M Castaldi

11:00 AM

6:17-12726


Kevin Marroquin-Mayen


Chapter 7


#3.00


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

[Robert Whitmore, chapter 7 trustee] [Fees; $1840.69; Expenses; $86.59]


[The Turoci Firm, attorney for trustee] [Fees; $5552.88; Expenses; $393.05]


Docket 34


Tentative Ruling:

Tentative for 3/9/21 is to APPROVE as modified by Stipulation filed 2/4/21 [Dk. 36], approved pursuant to an Order entered 2/4/21 [Dk. 36].


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: 160 091 9376


Password: 240371


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

11:00 AM

CONT...


Kevin Marroquin-Mayen


Chapter 7


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

Party Information

Debtor(s):

Kevin Marroquin-Mayen Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:20-13807


MA KAZAZ


Chapter 7

Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ


#4.00


STATUS CONFERENCE re: Complaint by NextGear Capital Inc against MA KAZAZ. for Dischargeability under Section 523(a)(2) , 523(a)(4), and 523(a)(6)


EH            


Docket 1


Tentative Ruling:

Tentative for 3/9/21:


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


  1. Discovery cutoff: May 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: June 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: July 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.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


MA KAZAZ


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1618290697 Meeting ID: 161 829 0697

Password: 788566

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 829 0697

Password: 788566


For further details, please consult the 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 12/2/20:

1:30 PM

CONT...


MA KAZAZ


Chapter 7


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.

Party Information

Debtor(s):

MA KAZAZ Represented By

Lotfy Mrich

Defendant(s):

MA KAZAZ Represented By

Lotfy Mrich

Plaintiff(s):

NextGear Capital Inc Represented By

Tom Roddy Normandin

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#5.00


CONT Hrg. on Subchapter V Status Conference From 8/18/20,12/15/20

Docket 0


Tentative Ruling:

Tentative for 3/9/21:


In light of the Court's tentative on related matter #7, the Court is inclined to set a post-confirmation status conference on July 13, 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/1618290697 Meeting ID: 161 829 0697

Password: 788566

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

Camp Croteau, Inc.

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 829 0697


Password: 788566


For further details, please consult the 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 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.

Party Information

Debtor(s):

Camp Croteau, Inc. Represented By Todd L Turoci

Trustee(s):

Caroline Renee Djang Pro Se

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#6.00


Hrg. on Debtor's Motion filed 2/16/21 for Order Authorizing Continued Use of Cash Collateral


EH            


Docket 78


Tentative Ruling:

Tentative for 3/9/21:


In light of the Court's tentative on related matter #7, the Court is inclined to DENY as moot. Pursuant to order entered 12/15/20 [Dk. 68], Debtor has authority to use cash collateral through 3/15/21. Further, Debtor's motion seeks the use of cash collateral through 7/15/21, or plan confirmation (whichever occurs first).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1618290697 Meeting ID: 161 829 0697

Password: 788566


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

1:30 PM

CONT...


Camp Croteau, Inc.


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 829 0697

Password: 788566


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Camp Croteau, Inc. Represented By Todd L Turoci

Trustee(s):

Caroline Renee Djang (TR) Pro Se

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#7.00


CONT. Hrg. on Confirmation of Chapter 11 Plan From: 12/15/20

EH            


Docket 0


Tentative Ruling:

Tentative for 3/9/21 is to CONFIRM and set a post-confirmation status conference on July 13, 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/1618290697 Meeting ID: 161 829 0697

Password: 788566

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

Camp Croteau, Inc.

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 829 0697


Password: 788566


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Camp Croteau, Inc. Represented By Todd L Turoci

Trustee(s):

Caroline Renee Djang Pro Se

1:30 PM

6:20-16717


Wendy Valladares


Chapter 7

Adv#: 6:20-01205 Anderson (TR) v. Valladares et al


#8.00


STATUS CONFERENCE re: Complaint by Karl T. Anderson (TR) against Jesse Valladares, Jimmie Alfredo Cardona, Christopher Alexander Cardona for Avoidance of Intentional and Constructive Fraudulent Transfers and Turnover


EH            


Docket 1


Tentative Ruling:

Tentative for 3/9/21 is to CONTINUE to May 4, 2021, at 1:30 p.m. A status report, whether unilateral or joint, is due 14 days in advance.


Appearances for the 3/9 hearing are excused.

Party Information

Debtor(s):

Wendy Valladares Represented By

Richard L. Sturdevant

Defendant(s):

Jesse Valladares Pro Se

Jimmie Alfredo Cardona Pro Se

Christopher Alexander Cardona Pro Se

Plaintiff(s):

Karl T. Anderson (TR) Represented By Richard A Marshack Tinho Mang Claudia Coleman

1:30 PM

CONT...

Trustee(s):


Wendy Valladares


Chapter 7

Karl T Anderson (TR) Pro Se

10:00 AM

8:21-10071


Hernan Pina Obando


Chapter 7


#1.00


Hearing RE: Motion For Order Confirming Exemption From The Automatic Stay Pursuant To 11 U.S.C. Section 362(b)(4) And That Turnover Of Real Property Of The Receivership Estate By State Court Receiver Be Excused

(Motion filed 2/16/2021)


[RE: 11892 Ricky Avenue, Garden Grove, California]


Docket 15


Tentative Ruling:

Revised Tentative for 3/10/21:


Virtual appearances are required.


Debtor (appearing in pro per) lodged a proposed order titled "Order Granting Motion for Relief from the Automatic Stay Under 11 U.S.C. Section 362" on 2/24/21, which was not docketed pursuant to the Court's internal procedures. Debtor then filed a proof of service on 2/25/21 [Dk. 18]. Despite a reference in the caption of the order and in the proof of service to a "Stipulation to Extend Time to Respond by not more than 30 days," no such stipulation to extend time has been filed with the Court. Additionally, the Court notes that no substantive opposition to the motion to relief from stay has been filed by Debtor or any other interested party. As such, the Court seeks clarification from the Debtor as to its filings.


Pro se litigants are not excused from complying with the same rules and procedures that govern other litigants. In re Clinton, 449 B.R. 79, 83 (9th Cir.

B.A.P. 2011).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

10:00 AM

CONT...


Hernan Pina Obando


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1601847244 Meeting ID: 160 184 7244

Password: 160944

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 184 7244

Password: 160944


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

10:00 AM

CONT...

Debtor(s):


Hernan Pina Obando


Chapter 7

Hernan Pina Obando Pro Se

Trustee(s):

Richard A Marshack (TR) Pro Se

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01035 Marshack v. American Express et al


#2.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, And Fraudulent Transfers


FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20; 12-2-20; 1-20-21


Docket 1

*** VACATED *** REASON: CONTINUED TO APRIL 28, 2021 AT 1:30

P.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS HEARING ENTERED 2-26-2021 - (DOCKET NO. [39])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

American Express Represented By Sweeney Kelly

American Express National Bank Represented By

Sweeney Kelly

American Express Company Represented By Sweeney Kelly

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack David Wood

1:30 PM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.


#3.00 Motion Of Defendant, Ashley Furniture Industries, Inc. To Vacate Clerk's Default (Motion filed 2-16-21)


Docket 19


Tentative Ruling:

Tentative for 3/10/21 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: 160 390 2711


Password: 784553


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

Defendant(s):

Ashley Furniture Industries, Inc. Represented By

Jonathon J. Herzog

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

Trustee(s):

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.


#4.00


Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Corner Escrow, Inc., A California Corporation

(Motion filed 2/3/2021)


Docket 10

*** VACATED *** REASON: CONTINUED TO APRIL 28, 2021 AT 1:30

P.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE AND HEARING ON MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT CORNER ESCROW, INC. ENTERED 2-26-2021 - (DOCKET NO. [14])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Corner Escrow, Inc. Pro Se

Movant(s):

Karen S. Naylor Represented By Marc C Forsythe

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.


#5.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint (1) Avoidance and Recovery of Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(B) And 550;

  1. Avoidance and Recovery of Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550; (3) Preservation; And (4) Intentional Interference With Contractual Relations

    (Complaint filed 12/1/2020) FR: 2-17-21

    Docket 1

    *** VACATED *** REASON: CONTINUED TO APRIL 28, 2021 AT 1:30

    P.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE AND HEARING ON MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT CORNER ESCROW, INC. ENTERED 2-26-2021 - (DOCKET NO. [14])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Homestead Escrow, Inc. Represented By Marc C Forsythe

    Defendant(s):

    Corner Escrow, Inc. Pro Se

    Plaintiff(s):

    Karen S. Naylor Represented By Marc C Forsythe

    1:30 PM

    CONT...

    Trustee(s):


    Homestead Escrow, Inc.


    Chapter 7

    Karen S Naylor (TR) Represented By Marc C Forsythe

    1:30 PM

    8:20-11643


    James A. Trent


    Chapter 7

    Adv#: 8:20-01176 Ancora et al v. Trent


    #6.00


    STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

    [11 U.S.C. Sections 523(a)(2), 523(a)(4) And 523(a)(6)]

    (Complaint filed 12/20/2020)


    Docket 1


    Tentative Ruling:

    Tentative for 3/10/21:


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


    1. Discovery cutoff: September 3, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: October 15, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: November 17, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


James A. Trent


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603902711 Meeting ID: 160 390 2711

Password: 784553

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 390 2711

Password: 784553


For further details, please consult the 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.

1:30 PM

CONT...


Debtor(s):


James A. Trent


Party Information


Chapter 7

James A. Trent Represented By Christine A Kingston

Defendant(s):

James A. Trent Represented By Christine A Kingston

Plaintiff(s):

Kim Ancora Represented By

Sheila M Pistone

Fred Ancora Represented By

Sheila M Pistone

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall

1:30 PM

8:19-11389


Kiet Tuan Tran


Chapter 7

Adv#: 8:20-01062 Kosmala v. Ho


#7.00


CONT'D Hearing RE: Defendant Ngan Kim Ho's Motion To Reopen Case Pursuant To U.S.C. 5010 And U.S.C. 350(b)

(Motion filed 12/24/20) FR: 1-20-21

Docket 34

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF DEFENDANT NGAN KIM HO'S NOTICE OF MOTION AND MOTION TO REOPEN CASE PURSUANT TO U.S.C. 5010 AND U.S.C. 350(b) FILED 2/3/2021 - (DOCKET NO. [39]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kiet Tuan Tran Pro Se

Defendant(s):

Ngan Kim Ho Represented By

Phu D Nguyen

Movant(s):

Ngan Kim Ho Represented By

Phu D Nguyen

Plaintiff(s):

Weneta M.A. Kosmala Represented By Jeffrey I Golden Reem J Bello Ryan W Beall

1:30 PM

CONT...

Trustee(s):


Kiet Tuan Tran


Chapter 7

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

1:30 PM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01190 Murray v. Zahedi


#8.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6)

(Complaint filed 9/20/19)

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


FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21


Docket 1

*** VACATED *** REASON: CONTINUED TO MAY 12, 2021 AT 1:30

P.M. PER ORDER APPROVING STIPULATION BETWEEN PLAINTIFF AND DEFENDANT TO CONTINUE PRETRIAL CONFERENCE ENTERED 2-19-2021 - (DOCKET NO. [39])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Patricia Murray Represented By Thomas J Eastmond Robert P Goe

Trustee(s):

Richard A Marshack (TR) Pro Se

10:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11

Adv#: 8:20-01127 Tiara Townhomes, LLC v. Jiang


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Actual And Constructive Fraudulent Transfers (Complaint filed 9/4/2020)


FR: 12-3-20; 1/21/21


Docket 1

*** VACATED *** REASON: OFF CALENDAR - PER ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING WITH PREJUDICE AND TO VACATE ALL DATES AND DEADLINES ENTERED 3-8-2021 - (DOCKET NO. [15])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Defendant(s):

Degang Jiang Represented By Amy E Martinez

Plaintiff(s):

Tiara Townhomes, LLC Represented By David Wood

Matthew Grimshaw

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#2.00


Hearing RE: Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For the Period From November 7, 2020, Through December 28, 2020

[RE: WJA Secure Income Fund, LLC, ONLY]

[Application filed 2/10/2021]


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]

[Fees: $11,132.50; Expenses: $0.00]


Docket 1438


Tentative Ruling:

Tentative for 3/11/21 is to APPROVE as requested, provided that a client declaration is filed 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 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: 160 817 7389


Password: 356755


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


WJA Asset Management LLC

Party Information


Chapter 11

WJA Asset Management LLC Represented By

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

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

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#3.00


Hearing RE: Ninth And Final Application For Order Seeking Allowance Of Previously Awarded Interim Fees On A Final Basis For the Period From June 7, 2017 Through And Including November 12, 2020

[RE: WJA Secure Income Fund, LLC, ONLY]

[No Fees Or Expenses Incurred For This Ninth And Final Fee Application From November 12, 2020 Through December 28, 2020.]

[Application filed 2/11/2021]


[RE: MENCHACA & COMPANY - Accountants For Debtors And Debtors-In- Possession]

[Fees: $21,943.14; Expenses: $0.00] - [Previously Awarded Fees]


Docket 1440


Tentative Ruling:

Tentative for 3/11/21 is to APPROVE as requested, provided that a client declaration is filed 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 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: 160 817 7389


Password: 356755


Parties making telephonic appearances are reminded to have all relevant

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#4.00


Hearing RE: Tenth And Final Fee Application For Compensation And Reimbursement Of Expenses For The Period From May 18, 2017 Through December 28, 2020

[RE: WJA Secure Income Fund, LLC, ONLY]

(Application filed 2/11/2021)


[RE: RUTAN & TUCKER, LLP - Special Counsel For Debtors And Debtors- In Possession]

[Fees: $4,781.50; Expenses: $1.52]


Docket 1443


Tentative Ruling:

Tentative for 3/11/21 is to APPROVE as requested, provided that a client declaration is filed 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 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: 160 817 7389


Password: 356755


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


WJA Asset Management LLC

Party Information


Chapter 11

WJA Asset Management LLC Represented By

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

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

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#5.00


Hearing RE: Final Application For Final Approval Of:

  1. Compensation Of Contingency Fees And Reimbursement of Expenses Related to the Settlement With Secured Investment Corp., Lee Arnold And Jaclyn Arnold;

  2. Compensation Of Contingency Fees And Reimbursement Of Expenses Related To The Settlement With Winget, Spadafora & Schwartzberg, LLP And Arto J. Nuutinen; And

  3. Compensation Of Hourly Fees And Reimbursement Of Expenses Pursuant To The Expanded Employment Order For Brutzkus Gubner, Special Counsel, For The Period Of November 15, 2017 Through December 28, 2020.

[RE: WJA Secure Income Fund, LLC; and Equity Indexed Managed Fund, LLC ONLY]

(Application filed 2/12/2021)


[RE: BRUTZKUS GUBNER - Special Litigation Counsel Debtor and Debtor- In-Possession]

[Fees: $266,524.52; Expenses: $7,537.48]


Docket 1445


Tentative Ruling:

Tentative for 3/11/21 is to APPROVE as requested, provided that a client declaration is filed 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 Zoom for Government, a free service that provides audioconference capabilities, using the following information.


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


Meeting ID: 160 817 7389

Password: 356755


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11


#6.00


CONT'D Hearing RE: Motion For Order: (1) Authorizing Sale Of Property Located at 181, 185, And 187 Monterey Road, South Pasadena, CA 91030 (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 2/11/2021) FR: 3-4-21

Docket 428


Tentative Ruling:

Tentative for 3/11/21 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/1608177389 Meeting ID: 160 817 7389

Password: 356755


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Rockport Development, Inc.


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 817 7389

Password: 356755


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#7.00


CONT'D Hearing RE: Confirmation Of Subchapter V Plan Of Reorganization (Plan filed 11/17/20)


FR: 1-21-21


Docket 79

*** VACATED *** REASON: CONTINUED TO MAY 20, 2021 AT 11:00

A.M. PER ORDER ON STIPULATION TO CONTINUE THE HEARING ON THE DEBTOR-IN-POSSESSION'S PLAN OF CONFIRMATION AND STATUS CONFERENCE ENTERED 3-8-2021 - (DOCKET NO. [112])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#8.00


CONT'D STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)

(Amended Order Entered 8/20/2020) FR: 10-8-20; 1-7-21; 1-21-21

Docket 9

*** VACATED *** REASON: CONTINUED TO APRIL 29, 2021 AT 11:00

A.M. PER ORDER ON STIPULATION TO CONTINUE THE HEARING ON THE DEBTOR-IN-POSSESSION'S PLAN OF CONFIRMATION AND STATUS CONFERENCE ENTERED 3-8-2021 - (DOCKET NO. [112])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#9.00


CONT'D Hearing RE: First Fee Application For Compensation And Reimbursement Of Expenses Incurred As Counsel For The Debtor For The Time Period From August 19, 2020 To January 22, 2021


[RE: LAKE FOREST BANKRUPTCY - Attorneys For Debtor]

[Fees: $25,760.00; Law Clerk Hours - Fees: $311.50; Expenses: $605.33]


FR: 3-4-21


Docket 103


Tentative Ruling:

Tentative for 3/11/21 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: 160 817 7389


Password: 356755


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Christopher Alexander Todero


Chapter 11

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11

Adv#: 8:20-01158 BMO Harris Bank N.A. v. Todero


#10.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Dischargeability Of Debt Pursuant To 11 U.S.C Section 523(a)(4) (Complaint filed 11/2/20)


FR: 1/21/21


Docket 1


Tentative Ruling:

Tentative for 3/11/21 is to CONTINUE to May 8, 2021, at 10:00 a.m. A status report is due 14 days in advance.


Appearances for the 3/11 hearing are excused.

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Defendant(s):

Christopher Alexander Todero Represented By Anerio V Altman

Plaintiff(s):

BMO Harris Bank N.A. Represented By

Jennifer Witherell Crastz

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#11.00


Hearing RE: Motion For Order Disallowing, Or, Alternatively, Reducing Claim Nos. 11-1 And 2-1 of Wells Fargo Bank, Pursuant To 11 U.S.C. Sections 502(b) And (d), And 506(b)

(Motion filed 2/4/2021)


Docket 185

*** VACATED *** REASON: CONTINUED TO MARCH 25, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE MARCH 11, 2021 HEARING ON MOTION ENTERED 3-2-2021 -

(DOCKET NO. [221])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Timothy W Evanston

Golden Capital Venture LLC Represented By Michael Simon

10:00 AM

6:20-18168


Theresa Anita Stewart


Chapter 7


#1.00


Ghidotti Berger LLP - movant attorney Motion for Relief from Stay

Carvana LLC vs. DEBTOR (Motion filed 2/24/21)


Re: 2017 Dodge Journey . EH            

Docket 21


Tentative Ruling:

Tentative for 3/23/21:


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: 160 747 2542


Password: 693218

10:00 AM

CONT...


Theresa Anita Stewart


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Theresa Anita Stewart Represented By

Thomas D Sands - SUSPENDED BK -

Movant(s):

Carvana, LLC Represented By

Erica T Loftis Pacheco

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:21-10104


Traci Bowens


Chapter 7


#2.00


ZBS Law, LLP - movant attorney Motion for Relief from Stay

Wilmington Savings Fund Society, FSB vs. DEBTOR (Motion filed 2/23/21)


RE: 11090 HIDDEN TRAIL DRIVE, RANCHO CUCAMONGA, CA 91737


EH            


Docket 16


Tentative Ruling:

Tentative for 3/23/21:


Virtual appearances are required.


The Court is inclined to GRANT pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). Such relief is effective only as provided under applicable law, which may include state and federal moratoriums prohibiting foreclosure and/or eviction.


Despite filing an opposition and corresponding motion to convert this case to Chapter 11, Debtor has not satisfied her burden to demonstrate that the relief sought by Movant should be denied.


Debtor's schedules reflect that Debtor's income is nearly equal to her expenses, and it is unclear how Debtor's de minimis net income will allow Debtor to cure the significant arrears owed on the property and/or make adequate protection payments.


Further, the property valuation used in Debtor's opposition to establish Debtor's equity in the property is inexplicably $800K higher than the valuation

10:00 AM

CONT...


Traci Bowens


Chapter 7

originally contained in Debtor's schedules, which were filed only one month prior to Debtor's opposition. Moreover, in her opposition, Debtor affirms her scheduled valuation.


Lastly, as it relates to § 362(d)(2), Debtor does not "establish that property is necessary for an effective reorganization" by showing that "the property is essential for an effective reorganization that is in prospect. This means a

reasonable possibility of a successful reorganization within a reasonable time.'" F & F, LLC v. U.S. Hung Wui Invs. Inc. (In re F & F, LLC), No.

CC-10-1083-HDMk, 2010 Bankr. LEXIS 5029, at *13 (B.A.P. 9th Cir. Sep. 21,

2010) (citing United Sav. Ass'n of Tex. v. Timbers of Inwood Forest Assocs., 484 U.S. 365, 376, 108 S. Ct. 626, 633 (1988)). Mere speculation is insufficient. Id. at *16.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1607472542 Meeting ID: 160 747 2542

Password: 693218

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...

Traci Bowens

Chapter 7

Meeting ID: 160 747 2542


Password: 693218


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Traci Bowens Represented By Michael Jay Berger

Movant(s):

Wilmington Savings Fund Society, Represented By

Erin M McCartney

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-10104


Traci Bowens


Chapter 7


#3.00


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

Santander Consumer USA Inc. vs. DEBTOR, Howard Grobstein, trustee (Motion filed 2/24/21)


Re: 2015 Ford Fusion, VIN: 3FA6P0H72FR118850


EH     


Docket 18


Tentative Ruling:

Tentative for 3/23/21:


Virtual appearances are required.


The Court is inclined to GRANT pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2).


Debtor does not "establish that property is necessary for an effective reorganization" by showing that "the property is essential for an effective reorganization that is in prospect. This means a reasonable possibility of a

successful reorganization within a reasonable time.'" F & F, LLC v. U.S. Hung Wui Invs. Inc. (In re F & F, LLC), No. CC-10-1083-HDMk, 2010 Bankr. LEXIS

5029, at *13 (B.A.P. 9th Cir. Sep. 21, 2010) (citing United Sav. Ass'n of Tex.

v. Timbers of Inwood Forest Assocs., 484 U.S. 365, 376, 108 S. Ct. 626, 633 (1988)). Mere speculation is insufficient. Id. at *16.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

10:00 AM

CONT...


Traci Bowens


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1607472542 Meeting ID: 160 747 2542

Password: 693218

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 747 2542

Password: 693218


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

10:00 AM

CONT...

Debtor(s):


Traci Bowens


Chapter 7

Traci Bowens Represented By Michael Jay Berger

Movant(s):

Santander Consumer USA Inc. Represented By Sheryl K Ith

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-10404


Megan Wells


Chapter 7


#4.00


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

Toyota Lease Trust vs. DEBTOR (Motion filed 2/12/21)


Re: 2018 Toyota C-HR


Docket 9


Tentative Ruling:

Tentative for 3/23/21:


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: 160 747 2542


Password: 693218


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

10:00 AM

CONT...


Megan Wells


Chapter 7


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

Party Information

Debtor(s):

Megan Wells Represented By

Carol J Najera-Luarca

Movant(s):

Toyota Motor Credit Corporation Represented By

Austin P Nagel

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-10474


On Ni Hui


Chapter 7


#5.00


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

Mercedes-Benz Financial Services USA LLC vs. DEBTOR, Steven Speier, trustee


Re: 2019 Mercedes-Benz C300W, VIN: 55SWF8DB3KU298582


EH            


Docket 13


Tentative Ruling:

Tentative for 3/23/21:


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: 160 747 2542


Password: 693218

10:00 AM

CONT...


On Ni Hui


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

On Ni Hui Represented By

Paul Y Lee

Movant(s):

Mercedes-Benz Financial Services Represented By

Sheryl K Ith

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:17-13972


Coracel Suratos Templo


Chapter 7

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


#6.00


CONT PRETRIAL 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; 08/05/20)


Docket 1

*** VACATED *** REASON: CASE DISMISSED 3/16/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Coracel Suratos Templo Represented By Neil R Hedtke

Christopher Hewitt

Defendant(s):

Coracel Suratos Templo Represented By Scott Talkov

Plaintiff(s):

Rebecca Marie Jimenez Represented By

Jeffrey George Jacobs

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:17-19494


Wai Hung Cheng


Chapter 15


#7.00


Hrg. on Chapter 15 Status Conference EH     

Docket 0

*** VACATED *** REASON: CONTINUED TO 9/28/21 BY ORDER ENTERED 3/17/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Wai Hung Cheng Represented By Jennifer R Lloyd

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#8.00


Park & Lim - movant attorney CONT. Motion for Relief from Stay

U.S. Metro Bank vs. DEBTOR (Motion filed 12/28/20)

(Cont. from 3/2/21)


Re: 12203 Magnolia Ave., Riverside, CA 92503


Docket 303

*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF MOTION FILED 2/16/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Movant(s):

US Metro Bank Represented By James E Adler Victor A Sahn Asa S Hami

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.

David B Golubchik Todd A Frealy


Chapter 11

10:00 AM

8:19-13369


Hussein Salah Suheimat and Lucy Emmanuel Shirajian


Chapter 7


#1.00


CONT'D Motion for relief from stay [Personal Property]


Toyota Lease Trust, As Serviced Toyota Motor Credit Corporation vs. DEBTORS

(Motion filed 12/18/2020)


[RE: 2016 Lexus RC 350 - VIN No.: JTHHE5BC0G5012704]


FR: 1-20-21; 2-17-21


Docket 126


Tentative Ruling:

Tentative for 3/24/21:


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver. The request for relief under § 362(d)(2) is denied as Movant has not provided any evidence regarding the lack of equity.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further 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: 160 078 1225


Password: 549893

10:00 AM

CONT...


Hussein Salah Suheimat and Lucy Emmanuel Shirajian


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


***************************************************************************** Tentative for 2/17/21:


This matter is CONTINUED to March 24, 2021, at 10:00 a.m. to allow Movant to effectuate proper service, as set forth below. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than March 1, 2021.


The Court had previously continued this matter to allow Movant to effectuate proper service, specifying that service to Lexus Financial Services should be provided in accordance with FRBP 9014(b) and 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.”


The Proof of Service filed on 1/22/21 [Dk. 131] does not reflect that service to Lexus Financial Services was provided in accordance with the foregoing requirements. Therefore, service remains improper. If service is not properly effectuated as required herein, the Court shall be inclined to deny the motion at the continued hearing.


Appearances for the 2/17 hearing are excused.


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


This matter is CONTINUED to 2/17/21 at 10:00 a.m. to allow Movant to effectuate proper service, as set forth below. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than January 22, 2021.

10:00 AM

CONT...


Hussein Salah Suheimat and Lucy Emmanuel Shirajian


Chapter 7

Service is improper. The movant did not serve the entity scheduled by Debtors, Lexus Financial Services. 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.”


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Hussein Salah Suheimat Represented By Michael A Cisneros

Joint Debtor(s):

Lucy Emmanuel Shirajian Represented By Michael A Cisneros

Movant(s):

Toyota Lease Trust, as serviced Represented By Austin P Nagel Kirsten Martinez

Trustee(s):

Karen S Naylor (TR) Represented By Arturo M Cisneros Nathan F Smith

10:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#2.00


Hearing RE: Objection To Debtors' Claim Of Exemptions (Motion filed 11/20/2020)

(Set per Order Entered 11/20/2020) (Continued per Order Entered 12/28/2020)


FR: 1-6-2021


Docket 29


Tentative Ruling:

Tentative for 3/24/21 is to CONTINUE to April 14, 2021 at 11:00 a.m., to be heard in conjunction with the anticipated Motion to Approve Settlement Agreement, as requested in the Movant's Unilateral Status Report filed 3/11/21 [Dk. 74].


Appearances for the 3/24 hearing are excused.


****************************************************************************** Tentative for 1/6/21 is to CONTINUE to May 19, 2021 at 11:00 a.m. A status report is due 14 days in advance.

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

10:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#3.00


CONT'D 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]


FR: 12-3-2020, 1-6-2021


Docket 22


Tentative Ruling:

Tentative for 3/24/21 is to CONTINUE to April 14, 2021 at 11:00 a.m., to be heard in conjunction with the anticipated Motion to Approve Settlement Agreement, as requested in the Movant's Unilateral Status Report filed 3/11/21 [Dk. 74].


Appearances for the 3/24 hearing are excused.


***************************************************************************** Tentative for 12/3/20:


Virtual appearances are required.

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

10:00 AM

CONT...

Movant(s):


Yifeng Gao and Liping Wu


Chapter 7

Jonathan Lam Represented By Brent D Meyer

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

10:00 AM

8:20-13293


Hyun S Kim


Chapter 7


#4.00


CONT'D Motion for relief from stay [Real Property]


The Bank Of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of The CWALT, Inc., Alternative Loan Trust 2006-OA10 Mortgage Pass-Through Certificates, Series 2006-OA10 vs. DEBTORS (Motion filed 12/14/2020)


[RE: 18802 Roxbury Lane Huntington Beach, California 92648]


FR: 1-20-21; 2-17-21


Docket 8

*** VACATED *** REASON: OFF CALENDAR - PER ORDER GRANTING MOTION TO DISMISS CASE ENTERED 3-12-2021 - (DOCKET NO. [32])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hyun S Kim Represented By

Eric M Sasahara

Movant(s):

The Bank of New York Mellon FKA Represented By

Austin P Nagel Kirsten Martinez

Trustee(s):

Karen S Naylor (TR) Pro Se

10:00 AM

8:20-13385


Richard Leo Irvin


Chapter 7


#5.00


Motion for relief from stay [Personal Property]


Chartway Federal Credit Union v. DEBTOR (Motion filed 2/22/2021)


[RE: 2014 Ford F-150 - VIN No.: 1FTFW1CT6EKF76174]


Docket 10


Tentative Ruling:

Tentative for 3/24/21:


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: 160 078 1225


Password: 549893


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Richard Leo Irvin


Party Information


Chapter 7

Richard Leo Irvin Represented By Christopher J Langley

Movant(s):

Chartway Federal Credit Union Represented By Sheryl K Ith

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:21-10155


Gonzalo Flores


Chapter 7


#6.00


Motion for relief from stay [Personal Property]


Toyota Motor Credit Corporation v. DEBTOR (Motion filed 2/22/2021)


[RE: 2017 Toyota Mirai - VIN No.: JTDBVRBD1HA001064]


Docket 8


Tentative Ruling:

Tentative for 3/24/21:


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: 160 078 1225


Password: 549893


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Gonzalo Flores


Party Information


Chapter 7

Gonzalo Flores Represented By Marlin Branstetter

Movant(s):

Toyota Motor Credit Corporation Represented By

Kirsten Martinez

Trustee(s):

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#7.00


Hearing RE: Motion by Chapter 7 Trustee For Award Of Attorneys' Fees And Requiring Status Report

[Case transferred from CB on 7/31/2020]


FR: 11-4-20; 3-4-21


Docket 862

*** VACATED *** REASON: OFF CALENDAR - PER ORDER ON AMENDED STIPULATION WITHDRAWING CHAPTER 7 TRUSTEE'S MOTION FOR AWARD OF ATTORNEY'S FEES AGAINST NORIO, INC. ENTERED 3-16-2021 - (DOCKET NO. [1071])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Movant(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#8.00


Hearing RE: Motion For Oral Examination Of Eric Steinmann, Lora Steinmann, And Heinz Steinmann And Production Of Documents Pursuant To Federal Rule Of Bankruptcy Procedure 2004

(Motion filed 3/3/2021)


Docket 1047


Tentative Ruling:

Tentative for 3/24/21:


This matter will be vacated pursuant to the stipulation filed 3/15/21 [Dk. 1065]; therefore, no appearances shall be permitted.


Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Movant(s):

Pamela Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

David Moellenhoff Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Hausman Holdings, LLC Represented By Jeffrey M Goldman Alan J Kessel Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:20-11167


PIF Restaurant Group, Inc.


Chapter 7


#9.00


Hearing RE: Motion For Order Authorizing Abandonment Of Personal Property And Potential Litigation Claims

(Motion filed 2/9/2021)

(Set per Notice of hearing filed 3/1/2021)


Docket 44


Tentative Ruling:

Tentative for 3/24/21:


Virtual appearances are required.


The Court is inclined to GRANT the Trustee's motion.


The Response filed 2/22/21 [Dk. 46] does not oppose the abandonment of the assets by Trustee, but requests that the abandoned assets be delivered to secured creditor, Murray Pasternack, instead of the normal process of being returned to Debtor. In support of this argument, the Response directs the Court to the case of In re Tobin, 202 B.R. 339 (Bankr. D.R.I. 1996). The Court finds this case non-persuasive. Tobin does not stand for the proposition that a Court may order assets abandoned by the estate to be delivered to a secured creditor in first position rather than returned to the debtor. Mr. Pasternack, and all other creditors, will have to rely on their own state statutory remedies with respect to their secured claims.


In light of the foregoing, the Court is inclined to DENY the relief requested in the Response.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser

11:00 AM

CONT...


PIF Restaurant Group, Inc.


Chapter 7

by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603081859 Meeting ID: 160 308 1859

Password: 360933

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 308 1859

Password: 360933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

11:00 AM

CONT...

Debtor(s):


PIF Restaurant Group, Inc.


Chapter 7

PIF Restaurant Group, Inc. Represented By Robert P Goe Larry Rothman

Movant(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:20-11386


Rock & Brews LLC


Chapter 7


#10.00


Hearing RE: Objection To Claim Numbers:

(Motion filed 2/18/2021)


Claim No. 14 Restaurant Refrigeration Rentals $5,500.00 Claim No. 15 Restaurant Refrigeration Rentals $5,500.00


Docket 73


Tentative Ruling:

Tentative for 3/24/21 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: 160 308 1859


Password: 360933


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


Rock & Brews LLC


Party Information


Chapter 7

Rock & Brews LLC Represented By David Wood

Trustee(s):

Jeffrey I Golden (TR) Represented By Beth Gaschen

11:00 AM

8:20-11885


Todd Stuart Masler


Chapter 7


#11.00


CONT'D Hearing RE: Chapter 7 Trustee's Amended Objection To Debtor's Claim Of Exemption On Amended Schedules

(Set per Notice of Hearing filed 12/30/2020) (Amended Objection filed 3/3/2021)


FR: 1-20-21


Docket 61


Tentative Ruling:

Tentative for 3/24/21 is to GRANT.


Debtor's opposition filed 3/10/21 [Dk. 64] confirms that Debtor does not hold any interest in the property, and that his prior ownership interest was transferred pre-petition pursuant to divorce proceedings. Given his lack of interest in the property, Debtor may not claim a homestead exemption in the property. Further, an asset recovered by Trustee through a fraudulent transfer recovery action is free from 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/1603081859 Meeting ID: 160 308 1859

Password: 360933

11:00 AM

CONT...


Todd Stuart Masler


Chapter 7


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 308 1859

Password: 360933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Todd Stuart Masler Pro Se

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

1:30 PM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:20-01138 Golden v. McKenna et al


#12.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For: Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542; And (2)

Declaratory Relief (Complaint filed 9/25/2020)

(First Amended Complaint filed 2/19/2021) FR: 12-16-20; 1-20-21

Docket 1

*** VACATED *** REASON: CONTINUED TO APRIL 28, 2021 AT 1:30

P.M. PER ORDER GRANTING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 3-8-2021 - (DOCKET NO. [33])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Tim M McKenna Represented By Robert P Goe

Courtney Statham Represented By Robert P Goe

Tim M. McKenna Pro Se

Sitework Development Company, Represented By

Robert P Goe

Plaintiff(s):

Jeffrey I Golden Represented By

1:30 PM

CONT...


Trustee(s):


Tim M McKenna


Reem J Bello Ryan W Beall


Chapter 7

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

1:30 PM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#13.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Sections 727(a)(3) And 727(a)(4)(a) & (B) (Complaint filed 2/7/2020)

(PTC set per Order Entered 4-23-2020 - docket no. [7]) FR: 4-29-20; 10-21-20; 3-3-21

Docket 1


Tentative Ruling:

Tentative for 3/24/21:


The Court is inclined to APPROVE the pre-trial stipulation filed 3/9/21 [Dk. 51], with the additions requested in Defendant's response filed 3/12/21 [Dk. 52].


Additionally, the Court is inclined to set the following dates/deadlines:


  1. Deadline to file motions in limine - May 5, 2021. Responses - May 12, 2021. Replies - at hearing.


  2. Hearing on motions in limine - May 19, 2021, at 1:30 p.m.


3. Trial - June 22, 2021, at 10:00 a.m.


Plaintiff is to file a revised pre-trial stipulation and lodge an order not later than 7 days after 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.

1:30 PM

CONT...


Alisandro Romero


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1619376449 Meeting ID: 161 937 6449

Password: 077676

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 937 6449

Password: 077676


For further details, please consult the 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 10/21/20 is to CONTINUE to March 3, 2021, at 1:30 p.m.

1:30 PM

CONT...


Alisandro Romero


Chapter 7

pursuant to the Court's order as stated at the 10/7 hearing regarding the Plaintiff's Motion to Compel filed 8/13/20 [Dk. 12].


This hearing will not be held; therefore, appearances for the 10/21 hearing are not required.


***************************************************************************** Tentative for 4/29/20:


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


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


  2. Motion cutoff: October 1, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: October 21, 2020 at 10:00 a.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.


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


Party Information

1:30 PM

CONT...

Debtor(s):


Alisandro Romero


Chapter 7

Alisandro Romero Represented By Rex Tran Thomas J Polis

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

1:30 PM

8:19-14970


Gerardo Emigdio Navarro Estrada


Chapter 7

Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada


#14.00


CONT'D PRE-TRIAL 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)

(PTC set at S/C held 8/19/2020) FR: 6-24-20; 8-19-20

Docket 1


Tentative Ruling:

Tentative for 3/24/21:


Virtual appearances are required.


Defendant has chosen not to participate in the Pre-Trial portion of the

case. The Court shall hold a trial on May 25, 2021, at 10:00 a.m., via Zoom.


Plaintiff and Defendant shall, if they so desire, submit trial briefs 14 days prior to the Trial. Plaintiff and Defendant shall submit their witness lists at that time. Each party shall provide the following: three copies delivered to the Court of a tabbed exhibit three ring binder(s) containing all of the exhibits they are relying on in support of their respective case; one copy of the binder(s) to the opposing counsel; and, one copy delivered to each of the witnesses they intend to call. All witnesses must be available by Zoom on the trial date, and must have a copy of their exhibit binder with them.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser

1:30 PM

CONT...


Gerardo Emigdio Navarro Estrada


Chapter 7

by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1619376449 Meeting ID: 161 937 6449

Password: 077676

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 937 6449

Password: 077676


For further details, please consult the 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 8/19/20:

1:30 PM

CONT...


Gerardo Emigdio Navarro Estrada


Chapter 7

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


  1. Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: February 15, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


  3. Pretrial conference: March 3, 2021, at 1:30 p.m.


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

Plaintiff is to lodge a scheduling order within seven (7) days. Virtual appearances are required.

****************************************************************************** Tentative for 6/24/20 is to CONTINUE to August 19, 2020 at 10:00 a.m.


As of the posting of this tentative, the parties have not filed a status report in compliance with the requirements of LBR 7016-1(a). Future noncompliance with applicable rules and instructions may result in monetary and nonmonetary sanction, including dismissal or entry of order striking the answer and entering a default judgment.


Appearances for the 6/24 hearing are excused.

Party Information

Debtor(s):

Gerardo Emigdio Navarro Estrada Pro Se

Defendant(s):

Gerardo Emigdio Navarro Estrada Pro Se

1:30 PM

CONT...


Gerardo Emigdio Navarro Estrada


Chapter 7

Plaintiff(s):

Action Mobile Homes, Inc. Represented By Edward T Weber

Trustee(s):

Jeffrey I Golden (TR) Pro Se

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01036 Marshack v. Krohn Construction


#15.00


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

Recovery, And Preservation Of Fraudulent Transfers (Complaint filed 3/20/2020)

(PTC set at S/C held 7/15/2020)


FR: 6-10-20; 7-15-20; 11-18-20; 1-20-21


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING WITHOUT PREJUDICE AND TO VACATE ALL DATES AND DEADLINES - (DOCKET NO. [25])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Krohn Construction Represented By Reed H Olmstead

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack

Trustee(s):

Richard A Marshack (TR) Represented By

1:30 PM

CONT...


Luminance Recovery Center, LLC


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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello


Chapter 7

1:30 PM

8:18-13666


Brooks T Morgan


Chapter 7

Adv#: 8:20-01101 Casey v. Morgan


#16.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Debtor Brooks T. Morgan For Judgment:

  1. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(2);

  2. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(4)(A);

  3. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(5);

  4. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(6)(A);

  5. Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(3);

  6. Denying Discharge RE Arroyo Membership Interest And Per 11 U.S.C. Section 727(a)(4)(A);

  7. Denying Discharge RE Alleged Redemption Agreement And Updated

    $33,350 Check Per 11 U.S.C. Section 727(a)(2);

  8. Denying Discharge RE Post-Marital Agreement Per 11 U.S.C. Section 727(a)(2);

  9. Denying Discharge RE Post-Marital Agreement Per 11 U.S.C. Section 727(a)(4);

  10. Denying Discharge RE Unpaid Arroyo Membership Distributions Per 11

    U.S.C. Section 727(a)(2); And

  11. Denying Discharge RE Unpaid Arroyo Membership Distributions Per 11

U.S.C. Section 727(a)(4)(a) (Complaint filed 6/12/2020) (PTC set at S/C held 8/19/2020)


FR: 8-19-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - PER ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING AND TAKE OFF CALENDAR PRE-TRIAL CONFERENCE ENTERED 9- 25-2020 - (DOCKET NO. [26])

Tentative Ruling:

- NONE LISTED -

Party Information

1:30 PM

CONT...

Debtor(s):


Brooks T Morgan


Chapter 7

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

1:30 PM

8:20-12634


George J. Gehron, Jr.


Chapter 7

Adv#: 8:20-01179 Roberts v. Gehron Jr


#17.00


STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt:

  1. Debt For Defalcation While Acting In A Fiduciary Capacity (11 USC 523(a) (4))

  2. Debt For Willful And Malicious Injury (11 USC 523(a)(6)) (Complaint filed 12/28/2020)


    Docket 1

    *** VACATED *** REASON: CONTINUED TO MAY 5, 2021 AT 1:30

    P.M. PER ANOTHER SUMMONS ISSUED ON 2-11-2021 - (DOCKET NO. [8])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    George J. Gehron Jr. Represented By Christopher C Barsness

    Defendant(s):

    George J Gehron Jr Represented By Christopher C Barsness

    Plaintiff(s):

    Gregg Roberts Pro Se

    Trustee(s):

    Thomas H Casey (TR) Pro Se

    11:00 AM

    8:17-11743


    Cecilio Romero Murrietta and Irma Bonilla Murrietta


    Chapter 11


    #1.00


    CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization

    (D.S. filed 6/4/2020)

    (First Amended D.S filed 7/30/2020)

    (Plan Confirmation hearing set at D.S. hearing held 7/16/2020) (First Amended Plan filed 7/30/2020)


    FR: 7/16/20; 10-1-20; 11-5-20; 12-17-20; 1-21-21


    Docket 357

    *** VACATED *** REASON: CONTINUED TO MAY 6, 2021 AT 11:00

    A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ON CONFIRMATION OF THE TRUSTEE'S FIRST AMENDED PLAN OF REORGANIZATION ENTERED 3-15-2021 - (DOCKET NO. [410])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Cecilio Romero Murrietta Represented By Andrew S Bisom

    Joint Debtor(s):

    Irma Bonilla Murrietta Represented By Andrew S Bisom

    Trustee(s):

    David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

    11:00 AM

    8:17-11743


    Cecilio Romero Murrietta and Irma Bonilla Murrietta


    Chapter 11


    #2.00


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

    (Petition filed 5/1/17)


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

    8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20;

    7-16-20; 10-1-20; 11-5-20; 12-17-20; 1-21-21


    Docket 6

    *** VACATED *** REASON: CONTINUED TO MAY 6, 2021 AT 11:00

    A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ON CONFIRMATION OF THE TRUSTEE'S FIRST AMENDED PLAN OF REORGANIZATION ENTERED 3-15-2021 - (DOCKET NO. [410])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Cecilio Romero Murrietta Represented By Andrew S Bisom

    Joint Debtor(s):

    Irma Bonilla Murrietta Represented By Andrew S Bisom

    Trustee(s):

    David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

    11:00 AM

    8:19-13728


    Thompson National Properties, LLC


    Chapter 11


    #3.00


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

    Management Conference And (2) Requiring Status Report (Petition filed 9/26/19)

    (Post-Effective S/C set at Plan hrg. held 12/3/2020)


    FR: 11-21-19; 1-9-20; 4-16-20; 8-6-20; 8-20-20; 9-24-20; 12-3-20


    Docket 5


    Tentative Ruling:

    Tentative for 3/25/21 is to CONTINUE to July 1, 2021, at 11:00 a.m. A status report is due 14 days in advance.


    Appearances for the 3/25 hearing are excused.


    ***************************************************************************** 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.

    Party Information

    Debtor(s):

    Thompson National Properties, LLC Represented By

    Leonard M Shulman

    11:00 AM

    8:20-11963


    TNP Spring Gate Plaza, LLC a Delaware limited liab


    Chapter 11


    #4.00


    Hearing RE: Debtor's Motion For Voluntary Dismissal Of Chapter 11 Case (Motion filed 3/4/2021)


    Docket 107


    Tentative Ruling:

    Tentative for 3/25/21 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: 160 788 5844


    Password: 623475


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    Debtor(s):

    TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman

    11:00 AM

    CONT...

    Movant(s):


    TNP Spring Gate Plaza, LLC a Delaware limited liab


    Chapter 11

    TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman Leonard M Shulman

    11:00 AM

    8:20-12636


    Golden Hotel LLC


    Chapter 11


    #5.00


    CONT'D Hearing RE: Motion For Order Disallowing, Or, Alternatively, Reducing Claim Nos. 11-1 And 2-1 of Wells Fargo Bank, Pursuant To 11 U.S.C. Sections 502(b) And (d), And 506(b)

    (Motion filed 2/4/2021) FR: 3-11-21

    Docket 185

    *** VACATED *** REASON: CONTINUED TO APRIL 8, 2021 AT 11:00

    A.M. PER ORDER APPROVING STIPULATION TO CONTINUE MARCH 25, 2021 HEARING ON MOTION ENTERED 3-12-2021 - (DOCKET NO. [241])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Golden Hotel LLC Represented By

    Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

    Movant(s):

    Golden Hotel LLC Represented By

    Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

    Golden Capital Venture LLC Represented By

    Lei Lei Wang Ekvall Robert S Marticello Michael Simon Timothy W Evanston

    11:00 AM

    CONT...


    Golden Hotel LLC


    Chapter 11

    Golden Capital Venture LLC Represented By Michael Simon

    11:00 AM

    8:21-10245


    Tires Direct, Inc.


    Chapter 11


    #6.00


    STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.

    Section 1111(b) Election

    (Set per Order Entered 2/3/2021)


    Docket 6


    Tentative Ruling:

    Tentative for 3/25/21:


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


    1. Deadline to file Plan - May 3, 2021 (statutory deadline)


    2. Deadline to serve Plan - May 7, 2021


    3. Ballots Due - June 10, 2021


    4. Confirmation Brief Due - June 17, 2021


    5. Oppositions to Confirmation Brief due - June 24, 2021


    6. Replies due - July 1, 2021


    7. Confirmation Hearing and Continued Status Conference - July 15, 2021, at 11:00 a.m. A status report is due not later than 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will

11:00 AM

CONT...


Tires Direct, Inc.


Chapter 11

not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1607885844 Meeting ID: 160 788 5844

Password: 623475

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 788 5844

Password: 623475


For further details, please consult the 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.

11:00 AM

CONT...


Debtor(s):


Tires Direct, Inc.


Party Information


Chapter 11

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 11


#7.00


Hearing RE: Motion To Reject Unexpired Lease Of Real Property From Gordon

H. Ira Jr. & Joice M Ira Joint Living Trust, Effective Nunc Pro Tunc As Of The Petition Date

(Motion filed 2/23/2021)


Docket 18


Tentative Ruling:

Tentative for 3/25/21 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: 160 788 5844


Password: 623475


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender

11:00 AM

CONT...


Movant(s):


Tires Direct, Inc.


Todd M Arnold


Chapter 11

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10246


Texas Tire Warehouse, LLC


Chapter 11


#8.00


STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.

Section 1111(b) Election

(Set per Order Entered 2/3/2021)


Docket 6


Tentative Ruling:

Tentative for 3/25/21:


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


  1. Deadline to file Plan - May 3, 2021 (statutory deadline)


  2. Deadline to serve Plan - May 7, 2021


  3. Ballots Due - June 10, 2021


  4. Confirmation Brief Due - June 17, 2021


  5. Oppositions to Confirmation Brief due - June 24, 2021


  6. Replies due - July 1, 2021


  7. Confirmation Hearing and Continued Status Conference - July 15, 2021, at 11:00 a.m. A status report is due not later than 14 days in advance.


Virtual appearances are required. The courtroom will be locked; parties will

11:00 AM

CONT...


Texas Tire Warehouse, LLC


Chapter 11

not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1607885844 Meeting ID: 160 788 5844

Password: 623475

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 788 5844

Password: 623475


For further details, please consult the 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.

11:00 AM

CONT...


Debtor(s):


Texas Tire Warehouse, LLC

Party Information


Chapter 11

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10246


Texas Tire Warehouse, LLC


Chapter 11


#9.00


Hearing RE: Motion To Reject Unexpired Lease Of Real Property From Irving Lewis, Ltd., Effective Nunc Pro Tunc As Of The Petition Date

(Motion filed 2/23/2021)


Docket 18


Tentative Ruling:

Tentative for 3/25/21 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: 160 788 5844


Password: 623475


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Texas Tire Warehouse, LLC Represented By Ron Bender

11:00 AM

CONT...


Movant(s):


Texas Tire Warehouse, LLC


Todd M Arnold


Chapter 11

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 11


#10.00


Hearing RE: Motion to Approve Compromise Under Rule 9019 Debtor's Motion To Approve Settlement With Employers Compensation Insurance Company


(Set per Order Entered 3/23/2021)


Docket 31


Tentative Ruling:

Tentative for 3/25/21:


The alleged settlement agreement is unsigned by any party, and the Court requires a fully executed copy.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1607885844 Meeting ID: 160 788 5844

Password: 623475


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Tires Direct, Inc.


Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 788 5844

Password: 623475


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

9:30 AM

6:19-12074


Jason Ortiz


Chapter 7

Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al


#1.00


Hrg. on Plaintiff's Motion in Limine to Exclude Bank Statement of Arthur Meisner from Bank of the West


EH            


Docket 48


Tentative Ruling:

Tentative for 3/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619277642 Meeting ID: 161 927 7642

Password: 153959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

9:30 AM

CONT...


Jason Ortiz


Chapter 7

Meeting ID: 161 927 7642

Password: 153959


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Jason Ortiz Represented By

Natalie A Alvarado

Defendant(s):

Jason Ortiz Represented By

Bilal Essayli

Brianna Ortiz Represented By Bilal Essayli

Joint Debtor(s):

Brianna Ortiz Represented By Natalie A Alvarado

Plaintiff(s):

Commonwealth Land Title Insurance Represented By

Karen A Ragland

9:30 AM

CONT...

Trustee(s):


Jason Ortiz


Chapter 7

Steven M Speier (TR) Pro Se

9:30 AM

6:19-12074


Jason Ortiz


Chapter 7

Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al


#2.00


Hrg. on Defendants' Motion in limine to exclude exhibit 17 EH     

Docket 39


Tentative Ruling:

Tentative for 3/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619277642 Meeting ID: 161 927 7642

Password: 153959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 927 7642

9:30 AM

CONT...


Jason Ortiz


Chapter 7


Password: 153959


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Jason Ortiz Represented By

Natalie A Alvarado

Defendant(s):

Jason Ortiz Represented By

Bilal Essayli

Brianna Ortiz Represented By Bilal Essayli

Joint Debtor(s):

Brianna Ortiz Represented By Natalie A Alvarado

Movant(s):

Jason Ortiz Represented By

Bilal Essayli

Brianna Ortiz Represented By

9:30 AM

CONT...


Jason Ortiz


Bilal Essayli


Chapter 7

Plaintiff(s):

Commonwealth Land Title Insurance Represented By

Karen A Ragland

Trustee(s):

Steven M Speier (TR) Pro Se

9:30 AM

6:19-12074


Jason Ortiz


Chapter 7

Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al


#3.00


Plaintiff's Motion filed 3/19/21 to Reopen Discovery for Limited Purpose EH            

Docket 45


Tentative Ruling:

Tentative for 3/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619277642 Meeting ID: 161 927 7642

Password: 153959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 927 7642

9:30 AM

CONT...


Jason Ortiz


Chapter 7


Password: 153959


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Jason Ortiz Represented By

Natalie A Alvarado

Defendant(s):

Jason Ortiz Represented By

Bilal Essayli

Brianna Ortiz Represented By Bilal Essayli

Joint Debtor(s):

Brianna Ortiz Represented By Natalie A Alvarado

Plaintiff(s):

Commonwealth Land Title Insurance Represented By

Karen A Ragland

9:30 AM

CONT...

Trustee(s):


Jason Ortiz


Chapter 7

Steven M Speier (TR) Pro Se

9:30 AM

6:19-12074


Jason Ortiz


Chapter 7

Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al


#4.00


PRE-TRIAL CONFERENCE re: Complaint by Commonwealth Land Title Insurance Company against Jason Ortiz, Brianna Ortiz - §§ 523(a)(2), (a)(6)


EH            


(Cont. from 7/15/20)


Docket 1


Tentative Ruling:

Tentative for 3/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1619277642 Meeting ID: 161 927 7642

Password: 153959


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

9:30 AM

CONT...


Jason Ortiz


Chapter 7

conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 927 7642

Password: 153959


For further details, please consult the 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 9/23/20 is to APPROVE the joint pretrial stipulation [Dk. 36].


The parties should appear at the 9/23 hearing and be prepared to discuss the following:


  1. Setting a deadline for the filing of motions in limine not less than 30 days prior to trial, and


  2. Trial scheduling.


As a preliminary matter, the Court has following dates available for trial: February 23-25, 2021

March 29-31, 2021

9:30 AM

CONT...


Jason Ortiz


Chapter 7

Virtual appearances are required.


**************************************************************************** Tentative for 12/18/19:


Appearances required.


The parties filed a late joint status report which is not in compliance with LBR 7016-1(a)(2). The Court will excuse the failure to follow the local rules in this instance, but the parties are cautioned that future compliance is required.


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


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


  2. Motion cutoff: June 11, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: July 15, 2020 at 1:30 p.m.


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


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


*************************************************************************** Tentative for 09/04/19:


The Court has reviewed the Motion for Relief from Default Judgement [Dk. 13] filed on August 12, 2019, by Debtors Jason Ortiz and Brianna Ortiz. In light of the foregoing, the Court finds good cause to set that matter for hearing, and will CONTINUE this status conference, to November 20, 2019 at 1:30 p.m. A status report is due 14 days in advance.


Appearances are excused.

9:30 AM

CONT...


Debtor(s):


Jason Ortiz


Party Information


Chapter 7

Jason Ortiz Represented By

Natalie A Alvarado

Defendant(s):

Jason Ortiz Represented By

Bilal Essayli

Brianna Ortiz Represented By Bilal Essayli

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

10:00 AM

6:21-10914


Christopher Michael Daffron


Chapter 7


#1.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and United Auto Credit in the amount of $5,534.56


Re: 2015 Toyota Corolla


Docket 8


Tentative Ruling:

Tentative for 4/6/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609813663 Meeting ID: 160 981 3663

Password: 677488


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 981 3663

10:00 AM

CONT...


Christopher Michael Daffron


Chapter 7


Password: 677488


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Christopher Michael Daffron Represented By Daniel King

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-10571


James Carl Mucciacito


Chapter 7


#2.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and Kia Motors Finance in the amount of $29,341.82


Re: 2019 Kia Sorento


Docket 15


Tentative Ruling:

Tentative for 4/6/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609813663 Meeting ID: 160 981 3663

Password: 677488


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


James Carl Mucciacito


Chapter 7

Meeting ID: 160 981 3663

Password: 677488


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

James Carl Mucciacito Represented By Robert T Frahm

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:21-10682


George John DeHaro and Maria Teresa DeHaro


Chapter 7


#2.10


Hrg. on approval of Reaffirmation Agreement Between Debtor and TD Auto Finance LLC in the amount of $16,092.57


Re: 2019 Chevrolet Cruze


Docket 17


Tentative Ruling:

Tentative for 4/6/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609813663 Meeting ID: 160 981 3663

Password: 677488


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


George John DeHaro and Maria Teresa DeHaro


Chapter 7

Meeting ID: 160 981 3663

Password: 677488


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

George John DeHaro Represented By Daniel King

Joint Debtor(s):

Maria Teresa DeHaro Represented By Daniel King

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:21-10966


Alfred Dominguez


Chapter 7


#2.20


Hrg. on approval of Reaffirmation Agreement Between Debtor and OneMain Financial Group, LLC in the amount of $7,832.77


Re: 2009 Chevy HHR


Docket 9


Tentative Ruling:

Tentative for 4/6/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609813663 Meeting ID: 160 981 3663

Password: 677488


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 981 3663

10:00 AM

CONT...


Alfred Dominguez


Chapter 7


Password: 677488


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Alfred Dominguez Represented By Michael E Clark

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-10041


Empire Transportation Services, Inc.


Chapter 7


#3.00


Vedder Price (CA) LLP - movant attorney Motion for Relief from Stay

Signature Financial vs. DEBTOR (Motion filed 3/15/21)


RE: One (1) 2018 Blue Bird T4RE 39045 School Bus; One (1) 2016 MCI J4500

Motor Coach; and One (1) 2013 MCI J4500 Motor Coach


EH            


Docket 32


Tentative Ruling:

Tentative for 4/6/21:


Virtual appearances are required.


The Court is inclined to GRANT pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2).


Despite filing a late opposition [Dk. 41] which states that Debtor seeks to negotiate a loan modification and may file a motion to convert this case to Chapter 11, Debtor has not satisfied its burden to demonstrate that the relief sought by Movant should be denied.


Specifically, Debtor does not demonstrate that it has sufficient income to make adequate protection payments to Movant, establish that the property at issue is "necessary for an effective reorganization," or provide evidence that Debtor has "a reasonable possibility of a successful reorganization within a reasonable time.'" F & F, LLC v. U.S. Hung Wui Invs. Inc. (In re F & F, LLC), No. CC-10-1083-HDMk, 2010 Bankr. LEXIS 5029, at *13 (B.A.P. 9th Cir. Sep.

21, 2010) (citing United Sav. Ass'n of Tex. v. Timbers of Inwood Forest

10:00 AM

CONT...


Empire Transportation Services, Inc.


Chapter 7

Assocs., 484 U.S. 365, 376, 108 S. Ct. 626, 633 (1988)).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1609813663 Meeting ID: 160 981 3663

Password: 677488

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 981 3663

Password: 677488


For further details, please consult the 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

10:00 AM

CONT...


Empire Transportation Services, Inc.


Chapter 7

https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Empire Transportation Services, Inc. Represented By

Thomas M Alexander Jr

Movant(s):

Signature Financial LLC d/b/a Represented By Scott H Olson

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim Carmela Pagay

10:00 AM

6:21-11018


Christopher Conner Veazey


Chapter 7


#4.00

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

(Motion filed 3/11/21)


American Financial Services, Inc. vs. DEBTOR, Robert Whitmore, trustee Re: 2011 Jeep Wrangler, VIN: 1J4BA6H11BL567450

EH        


Docket 9


Tentative Ruling:

Tentative for 4/6/21:


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: 160 981 3663


Password: 677488


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Christopher Conner Veazey


Chapter 7

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Christopher Conner Veazey Represented By Kevin Tang

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Mandy D Youngblood

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:16-21137


Caroll Ann Vandre


Chapter 7


#5.00


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

[Robert S. Whitmore, chapter 7 trustee] [Fees; $4650.00; Expenses; $282.38]


[Douglas Plazak, attorney for trustee] [Fees; $7657.00; Expenses; $450.91]


[Donald Fife, accountant for trustee] [Fees; $1000.00; Expenses; $0]


Docket 50


Tentative Ruling:

Tentative for 4/6/21 is to APPROVE as requested, except that the final fees for the Trustee's counsel shall be reduced by $671.00 for fees attributable to preparation of the firm's employment application and attending a hearing.

Thus, the total amount of fees allowed for the firm are $6,986.00 plus expenses of $450.91.


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 its employment application was 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.

11:00 AM

CONT...


Caroll Ann Vandre


Chapter 7


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: 160 009 8356

Password: 371132


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Caroll Ann Vandre Represented By Gene P Killian

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

11:00 AM

6:19-12295


Thomas Richard Steferak and Bonnie Diane Barkley


Chapter 7


#6.00


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

[John Pringle, chapter 7 trustee] [Fees; $3676.60; Expenses; $111.00]


[Hahn & Fife & Co. LLP, accountant for trustee] [Fees; $2772.00; Expenses: $386.60]


Docket 80


Tentative Ruling:

Tentative for 4/6/21 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: 160 009 8356


Password: 371132


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


Thomas Richard Steferak and Bonnie Diane Barkley

Party Information


Chapter 7

Thomas Richard Steferak Represented By Jenny L Doling

Joint Debtor(s):

Bonnie Diane Barkley Represented By Jenny L Doling

Trustee(s):

John P Pringle (TR) Pro Se

11:00 AM

6:19-21228


Advantage Performance Distributing, Inc.


Chapter 7


#7.00


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

[Karl T. Anderson, chapter 7 trustee] [Fees; $2755.10; Expenses; $61.92]


[Richard A. Marshack, attorney for trustee] [Fees; $14617.83; Expenses; $417.10]


[Karl T. Anderson CPA Inc. Accountant for trustee] [Fees; $5973.82; Expenses; $339.29]


Docket 43


Tentative Ruling:

Tentative for 4/6/21 is to APPROVE as requested in the Trustee's Final Report [Dk. 42].


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: 160 009 8356


Password: 371132

11:00 AM

CONT...


Advantage Performance Distributing, Inc.


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Advantage Performance Represented By Benjamin R Heston

Trustee(s):

Karl T Anderson (TR) Represented By Tinho Mang Chad V Haes

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#8.00


CONT. Hrg. on Adequacy of Debtor's Disclosure Statement Describing Chapter 11 Plan of Reorganization


From: 1/5/21, 2/16/21 EH            

Docket 0


Tentative Ruling:

Tentative for 4/6/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1611353101 Meeting ID: 161 135 3101

Password: 344244

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...

Ronald Ward Komers

Chapter 11

Meeting ID: 161 135 3101


Password: 344244


For further details, please consult the 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 2/16/21 is to set a continued hearing on April 6, 2021, at 1:30

p.m. A status report shall be due at least 14 days in advance.


Virtual appearances are required.


****************************************************************************** Tentative for 1/5/21 is to APPROVE, provided that Debtor can provide the Court with an adequate explanation of the feasibility of the plan.


"[W]here a plan is on its face nonconfirmable, as a matter of law, it is appropriate for the court to deny approval of the disclosure statement describing the nonconfirmable plan." In re Silberkraus, 253 B.R. 890, 899 (Bankr.C.D.Cal.2000).


Virtual appearances are required.

Party Information

1:30 PM

CONT...

Debtor(s):


Ronald Ward Komers


Chapter 11

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#9.00


CONT Hrg. on Chapter 11 Status Conference EH            

From: 9/29/20, 10/20/20,12/15/20,1/5/21,2/16/21


Docket 0


Tentative Ruling:

Tentative for 4/6/21 is to set a continued status conference on July 13, 2021, at 1:30 p.m. A status report shall be due at least 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/1611353101 Meeting ID: 161 135 3101

Password: 344244

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

Ronald Ward Komers

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 135 3101


Password: 344244


For further details, please consult the 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 2/16/21 is to set a continued status conference on April 6, 2021, at 1:30 p.m. A status report shall be due at least 14 days in advance.


Virtual appearances are required.


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

Tentative for 12/15/20 is to CONTINUE to January 5, 2021, at 1:30 p.m., to be heard concurrently with the hearing on the adequacy of Debtor's Disclosure Statement. A status report is due 14 days in advance.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

1:30 PM

CONT...


Ronald Ward Komers


Roksana D. Moradi-Brovia


Chapter 11

1:30 PM

6:19-13381


Banner Mattress, Inc.


Chapter 7

Adv#: 6:21-01006 Bui v. Color Ad, Inc., a California Corporation


#10.00


STATUS CONFERENCE re: Complaint by Lynda T. Bui against Color Ad, Inc., a California Corporation For: 1) Avoidance of Preferential Transfers and Recovery of Same [11 U.S.C. §§ 547, 550] 2) Preservation of Avoided Transfers [11

U.S.C. § 551]; and Disallowance of Claims [11 U.S.C. § 502(d)] EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 6/1/21 BY ORDER ENTERED 3/23/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Banner Mattress, Inc. Represented By Daniel J Weintraub James R Selth

Crystle Jane Lindsey

Defendant(s):

Color Ad, Inc., a California Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

Trustee(s):

Lynda T. Bui (TR) Represented By James C Bastian Jr Rika Kido

1:30 PM

6:19-19296


John Paul Salvador


Chapter 7

Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


#11.00


Hrg. on Defendant's Motion filed 3/16/21 to Dismiss for Lack of Subject-Matter Jurisdiction


EH           


Docket 52


Tentative Ruling:

Tentative for 4/6/21 is to GRANT in part and DENY in part. Virtual appearances are required.

Plaintiff's complaint seeks a judicial determination that his 2003 - 2014 personal income tax liabilities are dischargeable. Movants' motion to dismiss argues that, pursuant to FRCP 12(b)(1), there exists no subject matter jurisdiction over a portion of the relief requested in Plaintiff's complaint.

Specifically, Movants argue that there is no case or controversy for the Court to adjudicate with respect to: (1) Plaintiff's 2005, 2007, 2008, 2012, and 2013 tax liabilities, because Plaintiff does not have any outstanding taxes due in those years; and (2) Plaintiff's 2010, 2011, and 2014 tax liabilities, because Movants have not sought to collect and/or except those outstanding tax liabilities from discharge. Movants' motion does not address any grounds for dismissal related to Plaintiff's 2003, 2004, 2006, and 2009 tax liabilities.


Movants' argument with respect to Plaintiff's 2005, 2007, 2008, 2012, and 2013 tax liabilities is well-taken; the Court is therefore inclined to GRANT the motion and DISMISS that portion of the complaint.


However, Movants' argument with respect to Plaintiff's 2010, 2011, and 2014 tax liabilities is not as persuasive. The cases cited by Movants (i.e., Erikson v. United States, 112 A.F.T.R.2d 2013-5219 (Bankr. E.D. Mich. 2013); Mlincek

v. United States, 350 B.R. 764 (Bankr. N.D. Ohio 2006); Hinton v. United States, 2011 WL 1838724 (N.D. Ill. 2011)) are factually distinguishable from

1:30 PM

CONT...


John Paul Salvador


Chapter 7

this case. First, unlike the defendants in the cited cases, Movants have not unequivocally stated that they have no intention to investigate this Debtor for the 2010, 2011, and 2014 tax years. In fact, Movants state that they "may eventually determine that the liabilities are excepted from discharge pursuant to 11 U.S.C. § 523(a)(1)(C)." Motion, pg. 7, lines 12-13 [Dk. 52]. Additionally, and most importantly, this adversary proceeding is not fully dismissed by Movants' motion. Rather, this adversary proceeding will proceed even if Movants' motion is granted in full. Therefore, the Court finds it appropriate to adjudicate these matters in the present adversary for the benefit of all parties, and the preservation of judicial resources, and is inclined to DENY the motion as to that portion.


Movants also argue that the United States is the only proper party defendant and should be substituted in place of the present defendants (IRS, DOJ, and USAO). The Court is inclined to GRANT such substitution, and require that the properly substituted party file an answer not later than April 30, 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/1611353101 Meeting ID: 161 135 3101

Password: 344244

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

John Paul Salvador

Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 135 3101


Password: 344244


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

John Paul Salvador Pro Se

Defendant(s):

United States Department of Justice Represented By

John D Ellis

Internal Revenue Service Represented By John D Ellis

United States Attorney Central Represented By John D Ellis

Movant(s):

United States Department of Justice Represented By

John D Ellis

1:30 PM

CONT...


John Paul Salvador


Chapter 7

Internal Revenue Service Represented By John D Ellis

United States Attorney Central Represented By John D Ellis

Plaintiff(s):

John Paul Salvador Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

1:30 PM

6:19-19296


John Paul Salvador


Chapter 7

Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


#12.00


CONT STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


From: 08/05/20,107/20,12/2/20,2/2/21


Docket 1


Tentative Ruling:

Tentative for 4/6/21:


Virtual appearances are required.


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


  1. Deadline to file answer: April 30, 2021.


  2. Discovery cutoff: September 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  3. Motion cutoff: October 29, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  4. Pretrial conference: December 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 subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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

1:30 PM

CONT...


John Paul Salvador


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/1611353101 Meeting ID: 161 135 3101

Password: 344244

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 135 3101

Password: 344244


For further details, please consult the 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

1:30 PM

CONT...


John Paul Salvador


Chapter 7

from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


****************************************************************************** Tentative for 2/2/21 is to CONTINUE to April 6, 2021, at 1:30 p.m. A status report is due not later than 14 days in advance.


The Court has twice previously continued this matter to allow Plaintiff to rectify enumerated service defects which were detailed in the prior tentatives for the purposes of educating Plaintiff and instructing him how to remedy the issues. To date, for the reasons fully detailed in Defendants' Opposition ("Opposition") filed 1/19/21 [Dk. 40], Plaintiff has not yet been able to effectuate proper service.


The Court will continue this matter a third time to allow Plaintiff to address the deficiencies articulated in the Opposition. This will be the last time, and the Court will dismiss this action with prejudice if the proper service procedures are not followed. Plaintiff, as previously advised by the Court, is reminded that pro se litigants are not excused from complying with the same rules of procedure that govern other litigants. In re Clinton, 449 B.R. 79, 83 (9th Cir.

B.A.P. 2011).


Federal Rule of Bankruptcy Procedure 7004(e) requires that a summons and complaint be deposited in the mail within 7 days after the summons is issued. FRBP 7004(e). Proofs of Service filed 12/30/20 [Dks. 34 - 36], which do not contain holographic signatures as required by applicable rules, indicate that the most recent summons issued 12/22/20 [Dk. 33] was placed in the mail, first class, postage prepaid, on 12/29/20, which was within 7 days of the issuance of the summons. The United States, however, has provided evidence in the Opposition that the envelope was sent via certified mail (and not first class mail), and was post-marked 12/30/20, and not 12/29/20.


Therefore, Plaintiff shall obtain a new summons no later than February 26, 2021, and facilitate proper service within the required time frame.


Separately, the Court has reviewed Plaintiff's Amended Motions to Deem

1:30 PM

CONT...


John Paul Salvador


Chapter 7

Defendants Served filed 12/30/20 [Dks. 37 - 39] ("Motions"), and notes that the Motions do not comply with all applicable rules and procedures, including but not limited to LBR 9013-1(c)(2) (which requires that notice of a motion advise parties of, among other things, the contents of the motion and the deadline to oppose the motion). As such, Plaintiff's Motions are procedurally infirm and will be DENIED via separate order of the Court.


Appearances for the 2/2 hearing are excused.


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

P. O. Box 683 Washington, DC 20044


The 12/2 hearing is hereby vacated; therefore, no appearances shall be

1:30 PM

CONT...


John Paul Salvador


Chapter 7

permitted.


**************************************************************************** Tentative for 10/7/20:


Having reviewed the Proof of Service of Summons filed 6/9/20 [Dk. 13], the Court notes that while Plaintiff sent the summons to the entity addresses identified in the Court Manual Register of Federal & State Government Unit Addresses, the service was not labeled (i.e., service was not specifically sent to the Civil Process Clerk and Attorney General) as listed in Court Manual Appendix D, Section 2.4.


Plaintiff shall obtain a new summons no later than November 1, 2020, and properly serve the entities. As a holding date, which is subject to change after a new summons is issued, the Court shall set a continued status conference of December 2, 2020, at 1:30 p.m. A status report is due 14 days in advance.


Appearances for the 10/7 hearing are excused.


*********************************************************************************** Tentative for 8/5/20 is to CONTINUE to October 7, 2020 at 1:30 p.m. A status report is due 14 days in advance.


Appearances for the 8/5 hearing are excused.

Party Information

Debtor(s):

John Paul Salvador Pro Se

Defendant(s):

United States Department of Justice Represented By

John D Ellis

Internal Revenue Service Represented By John D Ellis

United States Attorney Central Represented By John D Ellis

1:30 PM

CONT...


John Paul Salvador


Chapter 7

Plaintiff(s):

John Paul Salvador Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

1:30 PM

6:19-10665


Flowmedia Solutions


Chapter 7

Adv#: 6:21-01013 PRINGLE v. Williams et al


#13.00


STATUS CONFERENCE re: Complaint by John Pringle against Jamie Williams, Cristina Williams, Melt Industries LLC, BARCLAYS BANK DELAWARE, Barclays US, CHASE BANK USA, N.A., Citibank. ($350.00 Fee Charge To Estate).

Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


EH            


Docket 1

*** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO 4/27/21 ENTERED 2/25/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Flowmedia Solutions Represented By

Robert B Rosenstein

Defendant(s):

Jamie Williams Pro Se

Cristina Williams Pro Se

Melt Industries LLC Pro Se BARCLAYS BANK DELAWARE Represented By

John C Gray

Barclays US Represented By

John C Gray

CHASE BANK USA, N.A. Pro Se

1:30 PM

CONT...


Flowmedia Solutions


Chapter 7

Citibank Represented By

Michael Baker

Plaintiff(s):

JOHN PRINGLE Represented By Charity J Manee Robert P Goe

Trustee(s):

John P Pringle (TR) Represented By Charity J Manee Robert P Goe

1:30 PM

6:19-13381


Banner Mattress, Inc.


Chapter 7

Adv#: 6:21-01005 Bui v. Barrette Outdoor Living Inc., an Ohio Corporation


#14.00


STATUS CONFERENCE re: Complaint by Lynda T. Bui against Barrette Outdoor Living Inc., an Ohio Corporation dba Barrette Wood USA, Inc..For: 1) Avoidance of Preferential Transfers and Recovery of Same [11 U.S.C. §§ 547, 550] 2) Preservation of Avoided Transfers [11 U.S.C. § 551]; and Disallowance of Claims [11 U.S.C. § 502(d)]

EH            


Docket 1

*** VACATED *** REASON: CONTINUED TO 6/29/21 BY ORDER ENTERED 3/22/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Banner Mattress, Inc. Represented By Daniel J Weintraub James R Selth

Crystle Jane Lindsey

Defendant(s):

Barrette Outdoor Living Inc., an Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

Trustee(s):

Lynda T. Bui (TR) Represented By James C Bastian Jr Rika Kido

1:30 PM

6:20-11545


Fernando A Sanchez


Chapter 7

Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al


#15.00


Plaintiff's Motion for Default Judgment against Fernando A. Sanchez and Marisol Alba Topete


EH            


Docket 27

*** VACATED *** REASON: ORDER DENYING MOTION ENTERED

4/1/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fernando A Sanchez Represented By A Mina Tran

Defendant(s):

Fernando A Sanchez Pro Se

Marisol Alba Topete Pro Se

Joint Debtor(s):

Marisol Alba Topete Represented By A Mina Tran

Movant(s):

ALL NATIONS REALTY Represented By Omero Banuelos

Plaintiff(s):

ALL NATIONS REALTY Represented By Omero Banuelos

1:30 PM

CONT...

Trustee(s):


Fernando A Sanchez


Chapter 7

Steven M Speier (TR) Pro Se

1:30 PM

6:20-11545


Fernando A Sanchez


Chapter 7

Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al


#16.00


CONT. 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)


From: 11/4/20,2/2/21 EH            

Docket 1

*** VACATED *** REASON: CONTINUED TO 5/18/21 BY ORDER ENTERED 4/1/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fernando A Sanchez Represented By A Mina Tran

Defendant(s):

Fernando A Sanchez Pro Se

Marisol Alba Topete Pro Se

Joint Debtor(s):

Marisol Alba Topete Represented By A Mina Tran

Plaintiff(s):

ALL NATIONS REALTY Represented By Omero Banuelos

1:30 PM

CONT...

Trustee(s):


Fernando A Sanchez


Chapter 7

Steven M Speier (TR) Pro Se

1:30 PM

6:20-11936


Yun Ho Choi


Chapter 7

Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


#17.00


Hrg. on Plaintiff's Motion filed 3/5/21 for Default Judgment EH     

Docket 11


Tentative Ruling:

Tentative for 4/6/21:


This matter is CONTINUED to May 18, 2021, to allow Plaintiff to effectuate proper service, and submit further briefing containing supplemental evidence in support of its motion by no later than April 19, 2021.


The Court notes that the proof of service contained in the motion filed 3/5/21 [Dk. 11] is blank. Therefore, the Court is unable to determine if proper service was effectuated..


Entry of default does not automatically entitle Plaintiff to a default judgment. In re Villegas, 132 B.R. 742, 746 (B.A.P. 9th Cir. 1991). ("[E]ntry of default does not automatically entitle the nondefaulting party to entry of a default judgment regardless of the fact that the effect of entry of a default is to deem allegations admitted.") Moreover, the Bankruptcy Court has wide discretion to require that Plaintiff submit sufficient proof of facts to make out a prima facie case before granting its motion for default judgment. In re Beltran, 182 B.R. 820, 823 (B.A.P. 9th Cir. 1995).


Pg. 2 of the coversheet of the motion indicates that Plaintiff intended to rely on the Declaration of Nico Tabibi and exhibits thereto; however, no such declaration was provided to the Court. Further, the Court notes that significant portions of the Shahab declaration are premised upon "inform[ation] and belief." (See, e.g., ¶¶ 8, 9, 14, 19). Additional evidence is required.

1:30 PM

CONT...


Yun Ho Choi


Chapter 7

Plaintiff shall file and serve an amended motion, by not later than April 19, 2021, which provides additional supporting evidence, and clearly identifies the evidence required to support each element of each cause of action for which it seeks a default judgment.


Appearances for the 4/6 hearing are excused.


Party Information

Debtor(s):

Yun Ho Choi Represented By

Young K Chang

Defendant(s):

Yun Ho Choi Pro Se

Movant(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Plaintiff(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-13227


Rendal Vernell Turner, Sr.


Chapter 7

Adv#: 6:20-01133 Sarasota CCM, Inc., v. Turner, Sr.


#18.00


PRE-TRIALCONFERENCE 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


From 10/21/20 EH        

Docket 1

*** VACATED *** REASON: PRE-TRIAL CONFERENCE CONTINUED TO 10/19/21 BY ORDER ENTERED ON 2/3/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rendal Vernell Turner Sr. Represented By Daniel King

Defendant(s):

Rendal Vernell Turner Sr. Represented By

Andrew Edward Smyth

Plaintiff(s):

Sarasota CCM, Inc., Represented By Rebecca M Wicks

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:20-15379


Carlos E Prieto, Sr.


Chapter 7

Adv#: 6:21-01008 Grobstein, Chapter 7 Trustee v. Prieto, Sr. et al


#19.00


STATUS CONFERENCE RE: Complaint by Howard B Grobstein, Chapter 7 Trustee against Carlos E Prieto Sr., Barbara Prieto for (1) Declaratory Relief; (2) For Turnover; and (3) Imposition of a Resulting Trust

EH         


Docket 1


Tentative Ruling:

Tentative for 4/6/21:


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


  1. Discovery cutoff: September 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: October 29, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: November 30, 2021, at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

1:30 PM

CONT...


Carlos E Prieto, Sr.


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1611353101 Meeting ID: 161 135 3101

Password: 344244

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 135 3101

Password: 344244


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Carlos E Prieto Sr. Represented By

1:30 PM

CONT...


Carlos E Prieto, Sr.


Francis Guilardi


Chapter 7

Defendant(s):

Carlos E Prieto Sr. Represented By Christopher D Cantore Leon D Bayer

Barbara Prieto Represented By Christopher D Cantore Leon D Bayer

Plaintiff(s):

Howard B Grobstein, Chapter 7 Represented By

Ori S Blumenfeld

Trustee(s):

Howard B Grobstein (TR) Represented By

Ori S Blumenfeld

10:00 AM

8:20-13357


Rachel Victoria Stewart


Chapter 7


#1.00


Motion for relief from stay [Personal Property]


JPMorgan Chase Bank, N.A. vs. DEBTOR (Motion filed 3/9/2021)


[RE: 2018 Land Rover Evoque - VIN No. SALVC2RX9JH311804]


Docket 18


Tentative Ruling:

Tentative for 4/7/21:


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: 161 927 4950


Password: 784475


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

10:00 AM

CONT...

Debtor(s):


Rachel Victoria Stewart


Chapter 7

Rachel Victoria Stewart Represented By Kevin Hahn

Movant(s):

JPMorgan Chase Bank, N.A. Represented By Josephine E Salmon

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:21-10020


Eui Jin Yi


Chapter 7


#2.00


Motion for relief from stay [Personal Property]


Honda Lease Trust vs. DEBTOR; And Weneta M.A. Kosmala, Chapter 7 Trustee (Motion filed 3/11/2021)


[RE: 2018 ACURA MDX - VIN No.: 5J8Y D7H5 4JL0 00326]


Docket 15


Tentative Ruling:

Tentative for 4/7/21:


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: 161 927 4950


Password: 784475


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Eui Jin Yi


Party Information


Chapter 7

Eui Jin Yi Represented By

Joon M Khang

Movant(s):

Honda Lease Trust Represented By Vincent V Frounjian

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

10:00 AM

8:18-13588


Tim M McKenna


Chapter 7


#2.10


Motion for relief from stay [Action In Non-Bankruptcy Forum]


Pacific Western Bank v. Debtor (Motion filed 3/24/2021)

(Set per OST Entered 3/29/2021)


[RE: Pacific Western Bank v. McKenna General Engineering, Inc., et al.] [Docket No.: LC107024]

[Pending In: Superior Court Of The State Of California, County Of Los Angeles, Northwest District (Van Nuys Courthouse]


Docket 197


Tentative Ruling:

Tentative for 4/7/21:


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: 161 927 4950


Password: 784475


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Tim M McKenna


Chapter 7

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Movant(s):

Pacific Western Bank Represented By Scott H Noskin

Kenneth Hennesay

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

10:00 AM

8:21-10383


Eben Howard and Pamela Ann Howard


Chapter 7


#3.00


Motion for relief from stay [Personal Property]


Pawnee Leasing Corporation v. DEBTORS


[RE: 1 Spectrum Laser System, 1 Pixel8 RF, 1 Ultherapy System, Serial Numbers: Various]


Docket 16

*** VACATED *** REASON: OFF CALENDAR - PER ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY ENTERED 3-25-2021 [DOCKET NO. [23] - SETTLED BY STIPULATION

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eben Howard Represented By Halli B Heston

Joint Debtor(s):

Pamela Ann Howard Represented By Halli B Heston

Movant(s):

PAWNEE LEASING Represented By

Raffi Khatchadourian

Trustee(s):

Richard A Marshack (TR) Pro Se

10:00 AM

8:21-10385


Quiet Trains Fast Turtles, Inc.


Chapter 7


#4.00


Motion for relief from stay [Personal Property]


Pawnee Leasing Corporation v. DEBTOR


[RE: 1 Spectrum Laser System, 1 Pixel8 RF, 1 Ultherapy System, Serial Numbers: Various]


Docket 12

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY ENTERED 3-25-2021 - SETTLED BY STIPULATION - (DOCKET NO. [17])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Quiet Trains Fast Turtles, Inc. Represented By Halli B Heston

Movant(s):

PAWNEE LEASING Represented By

Raffi Khatchadourian

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:13-20259


Albert Bront


Chapter 7


#5.00


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

(Final Report filed 2/24/2021)


[RE: THOMAS H. CASEY, Chapter 7 Trustee] [Fees: $6,250.00; Expenses: $0.00]


[RE: THOMAS H. CASEY, ESQ. - Attorney For Trustee] [Fees: $26,063.00; Expenses: $1,211.64]


[RE: HAHN FIFE & COMPANY - Accountant For Trustee] [Fees: $2,112.00; Expenses: $393.10]


Docket 79


Tentative Ruling:

Tentative for 4/7/21 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: 160 453 0783


Password: 779505

11:00 AM

CONT...


Albert Bront


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Albert Bront Pro Se

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#6.00


Hearing RE: Trustee's Application To Employ De Novo Legal PC As Special Intellectual Property Counsel

(Motion filed 2/19/2021)

(Set per Order Entered 3/11/2021)


Docket 1030


Tentative Ruling:

Tentative for 4/7/21 is to GRANT in part, and DENY in part. Virtual appearances are required.

Chapter 7 Trustee's application filed 2/19/21 [Dk. 1030] originally sought to employ De Novo Legal PC (the "Firm") effective as of January 13, 2020.

Noting that this case was converted from Chapter 11 to a Chapter 7 on April 15, 2020 (after the employment date sought by Trustee), the Court set this matter for hearing and required further briefing. Trustee filed a supplemental brief on 3/247/21 [Dk. 1052], which modifies Trustee's original request.


Per the supplement, Trustee now seeks an order (1) authorizing employment of Firm with an effective date of September 5, 2018 (petition date), and (2) allowing for payment of pre-conversion services provided by the Firm in the total amount of $6,825 as an administrative expense claim under Section 503(b)(2).


There is no question that Trustee is authorized to employ professionals post- conversion. However, it is unclear to this Court that Trustee is authorized to employ professionals as of a date occurring prior to the date of Trustee's appointment and involvement with the case. The caselaw provided in the Trustee's supplement supports the proposition that pre-employment fees may be approved by the Court, but does not demonstrate that the Court has authority to retroactively approve Trustee's request to employ the firm relative to a date prior to Trustee's involvement. Moreover, and notwithstanding the foregoing, the request for payment of a pre-conversion administrative claim is

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7

premature given the status of this case.


Therefore, the Court is inclined to GRANT Trustee's request to employ the Firm with an effective date of April 15, 2020 (the conversion date), and DENY the remaining relief requested.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1604530783 Meeting ID: 160 453 0783

Password: 779505

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 453 0783

Password: 779505

For further details, please consult the 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,

11:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

so there may be a slight delay to the official start time of the videoconference hearing.

As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:20-11885


Todd Stuart Masler


Chapter 7


#7.00


CONT'D Hearing RE: Creditor's, Law Office Of Alex J. Llorente's Amended Objections To Proof Of Claim:


Claim No. 7 Midori Financial LLC $201,595.94 (Motion filed 1/22/2021)

(Amended Motion filed 3/1/2021) FR: 2-17-21

Docket 59


Tentative Ruling:

Tentative for 4/7/21 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: 160 453 0783


Password: 779505


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Todd Stuart Masler


Chapter 7

***************************************************************************** Tentative for 2/17/21 is to CONTINUE to April 7, 2021, at 11:00 a.m. to allow Movant and Trustee to effectuate proper service and file a supporting declaration, as set forth more fully below. A Notice of Continuance and Supplemental proof of service, and supporting declaration, must be filed and served by no later than March 1, 2021.


Service is improper. LBR 3007(b)(1) and FRBP 3007 require notice of not less than 30 days. Movant's objection was filed on 1/22/21 [Dk. 39], and set for hearing 26 days later on 2/17/21. Further, LBR 3007-1(b)(2) requires that a claimant be served in accordance with 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." Neither Movant, nor Trustee in her Joinder filed 2/3/21 [Dk. 47], served claimant in accordance with FRBP 7004.


Additionally, LBR 3007-1(c)(1) and (2) requires an objection of claim to be supported by admissible evidence, including a copy of the complete proof of claim and objector's declaration. The Court notes that no such copy of the proof of claim, or a supporting declaration has been filed by Movant.


Appearances for the 2/17 hearing are excused.

Party Information

Debtor(s):

Todd Stuart Masler Pro Se

Movant(s):

Alex Jeronimo Llorente Represented By Alex J Llorente

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

11:00 AM

8:20-11885


Todd Stuart Masler


Chapter 7


#8.00


CONT'D Hearing RE: Creditor's, Law Office Of Alex J. Llorente's Amended Objections To Proof Of Claim:


Claim No. 8 Ascentium Capital $16,444.01 (Motion filed 1/25/2021)

(Amended Motion filed 3/1/2021) FR: 2-17-21

Docket 55


Tentative Ruling:

Tentative for 4/7/21 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: 160 453 0783


Password: 779505


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Todd Stuart Masler


Chapter 7

****************************************************************************** Tentative for 2/17/21 is to CONTINUE to April 7, 2021, at 11:00 a.m. to allow Movant and Trustee to effectuate proper service, as set forth more fully below. A Notice of Continuance and Supplemental proof of service must be filed and served by no later than March 1, 2021.


Service is improper. LBR 3007(b)(1) and FRBP 3007 require notice of not less than 30 days. Movant's objection was filed on 1/25/21, and set for hearing 23 days later on 2/17/21. Further, LBR 3007-1(b)(2) requires that a claimant be served in accordance with 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." Neither Movant, nor Trustee in her Amended Joinder filed 2/4/21 [Dk. 50], served claimant in accordance with FRBP 7004.


Appearances for the 2/17 hearing are excused.

Party Information

Debtor(s):

Todd Stuart Masler Pro Se

Movant(s):

Alex Jeronimo Llorente Represented By Alex J Llorente

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

1:30 PM

8:17-12887


Dana Kim Shelton


Chapter 7

Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al


#9.00


CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint: (1) To Determine The Validity, Priority, And Extent Of Liens;

(2) Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017; (3) To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And (4) Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e

(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; 12-2-20


Docket 1


Tentative Ruling:

Tentative for 4/7/21:


This matter is CONTINUED to August 4, 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 4/7 hearing are excused.


***************************************************************************** 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.


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

1:30 PM

CONT...


Dana Kim Shelton


Chapter 7

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 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

1:30 PM

CONT...


Dana Kim Shelton


Chapter 7

date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.


If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances are excused.


Debtor(s):


Party Information

Dana Kim Shelton Represented By Christopher P Walker

Defendant(s):

Daniel Keith Larson Pro Se

Erin Ellen Larson Pro Se

Peter Kote Pro Se

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

1:30 PM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


#10.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint:

  1. Violation Of Automatic Stay/Discharge Injunction;

  2. 11 USC Section 525(a) Violation (Complaint filed 6/4/2020)


FR: 9-2-20; 10-21-20; 1-20-21


Docket 1


Tentative Ruling:

Tentative for 4/7/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1607314774 Meeting ID: 160 731 4774

Password: 388205


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 731 4774

Password: 388205


For further details, please consult the 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 1/20/21:


This matter is CONTINUED to April 7, 2021, at 1:30 p.m. A joint status report detailing the status of all appeals is due 14 days prior to the hearing.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


**************************************************************************** Tentative for 10/21/20 is to CONTINUE to January 20, 2021, at 11:00 a.m. A joint status report detailing the status of all appeals is due no later than 14 days prior to the continued hearing.


Appearances for the 10/21 hearing are excused.

Party Information

1:30 PM

CONT...

Debtor(s):


Lenore LuAnn Albert-Sheridan


Chapter 7

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

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

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#11.00


CONT'D RULE 16 PRE-TRIAL CONFERENCE Hearing RE: Second Amended Complaint For:

  1. Declaratory Judgment;

  2. Quantum Meruit;

  3. Violation Of The Automatic Stay, And Other Court Orders;

  4. Avoidance, Recovery, And Preservation Of Fraudulent Transfer (Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]

(Amended Complaint filed 10/26/2020)

(Rule 16 Pre-Trial Conference set per Order Entered 2/18/2021) (Second Amended Complaint filed 2/25/2021)


FR: 8-4-20; 9-3-20; 9-10-20; 10-7-20; 10-21-20; 10-21-20; 1-20-21


Docket 160

*** VACATED *** REASON: CONTINUED TO APRIL 15, 2021 AT 1:30

P.M. PER ORDER APPROVING STIPULATION TO CONTINUE RULE 16 CONFERENCE DUE TO COUNSEL'S SCHEDULING CONFLICTS ENTERED 4-6-2021 - (DOCKET NO. [183])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By

1:30 PM

CONT...


Eagan Avenatti, LLP


Kurt Ramlo Filippo Marchino


Chapter 7

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays Richard L Kellner

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 Tinho Mang

1:30 PM

8:20-11885


Todd Stuart Masler


Chapter 7

Adv#: 8:21-01003 Weneta M.A. Kosmala v. Siegel-Masler


#12.00


STATUS CONFERENCE Hearing RE: Complaint:

  1. To Avoid Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);

  2. To Avoid Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);

  3. For Recovery Of Avoided Transfers Under 11 U.S.C. Section 550;

  4. To Preserve Transfer For The Benefit Of The Estate Pursuant To 11 U.S.C. Section 551;

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

  6. For Turnover Of Property Of The Estate; and

  7. Payment of Costs Pursuant to 11 U.S.C. Section 363(j) (Complaint filed 1/7/2021)


    Docket 1


    Tentative Ruling:

    Tentative for 4/7/21:


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


    1. Discovery cutoff: July 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: August 31, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: September 29, 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.

1:30 PM

CONT...


Todd Stuart Masler


Chapter 7

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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1607314774 Meeting ID: 160 731 4774

Password: 388205

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 731 4774

Password: 388205


For further details, please consult the 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

1:30 PM

CONT...


Todd Stuart Masler


Chapter 7

https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Todd Stuart Masler Pro Se

Defendant(s):

Sheri J. Siegel-Masler Pro Se

Plaintiff(s):

Weneta M.A. Kosmala Represented By Jeffrey I Golden

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01033 Marshack v. 27 Diamonds


#13.00


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

  1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)

(PTC set at S/C held 7/15/2020)


FR: 6-10-20; 7-15-20; 8-19-20; 12-2-20; 2-3-21


Docket 1

*** VACATED *** REASON: CONTINUED TO JUNE 16, 2021 AT 1:30

P.M. PER ORDER APPROVING STIULATION TO CONTINUE PRE- TRIAL CONFERENCE AND EXTEND ANY UPCOMING DEADLINES ENTERED 3-16-2021 - (DOCKET NO. [29])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

27 Diamonds Represented By

Andrew Edward Smyth

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack

1:30 PM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

1:30 PM

8:18-13145


James L Conkey


Chapter 7

Adv#: 8:18-01212 Saab et al v. Conkey


#14.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Second Amended Complaint To Determine Dischargeability Of Debt

(Complaint filed 12/3/18)

Advanced from 11/6/19 - Order Entered 8-15-19) (Second Amended Complaint filed 3/19/19) (PTC set at S/C held 12/18/19)


FR: 2-27-19; 5-1-19; 5-15-19; advanced from 11-6-19; 9-18-19; 12-18-19;

12-16-20; 12-16-20


Docket 22

*** VACATED *** REASON: CONTINUED SEPTEMBER 29, 2021 AT 1:30 P.M. TO ORDER AMENDING STATUS CONFERENCE AND SCHEDULING ORDER ENTER 1-21-2021 - (DOCKET NO. [80])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James L Conkey Represented By Laleh Ensafi

Defendant(s):

James L Conkey Represented By Donald W Reid

Plaintiff(s):

Camil Saab Represented By

Douglas Jaffe

Helou Saab, Inc. Represented By Douglas Jaffe

1:30 PM

CONT...

Trustee(s):


James L Conkey


Chapter 7

Jeffrey I Golden (TR) Pro Se

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01120 Marshack v. Citicards


#15.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For: (1) Avoidance And Recovery Of Preferential Transfers; (2) Preservation Of Preferential Transfers, And; (3) Disallowance Of Claims [11 U.S.C. Sections 547, 550, 551 And 502(d)]

(Complaint filed 8/19/2020) FR: 11-4-20; 2-17-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF DISMISSAL PROCEEDING AND REQUEST THAT PENDING STATUS CONFERENCE BE TAKEN OFF CALENDAR FILED 2-25-2021 - (DOCKET NO. [7])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Citicards Pro Se

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

1:30 PM

CONT...

Trustee(s):


Ian G. Winterbotham


Chapter 7

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:19-10349


Sukeinah Hassan Kassir


Chapter 7


#16.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Debtor's Objection To Claim: (Motion filed 8/1/2020)

(PTC set at hearing held 9/2/2020)

[Treat Claim Objection as Adversary Proceeding]


Claim No. 1 Hassan Essayli $117,443.94 FR: 9-2-20; 1-20-21

Docket 84

*** VACATED *** REASON: CONTINUED TO JULY 14, 2021 AT 1:30

P.M. PER ORDER GRANTING STIPULATION TO CONTINUE PRE- TRIAL CONFERENCE ENTERED 3-11-2021 - (DOCKET NO. [98])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sukeinah Hassan Kassir Represented By Vikrant Chaudhry

Trustee(s):

Richard A Marshack (TR) Represented By Donald W Sieveke

1:30 PM

8:19-10349


Sukeinah Hassan Kassir


Chapter 7

Adv#: 8:19-01130 Marshack v. Kassir et al


#17.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers

(Complaint filed 7/2/19)

(PTC set at S/C held 11/20/19)


FR: 9-18-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20; 1-20-21


Docket 1

*** VACATED *** REASON: CONTINUED TO JULY 14, 2021 AT 1:30

P.M. PER ORDER GRANTING STIPULATION TO CONTINUE PRE- TRIAL CONFERENCE ENTERED 3-11-2021 - (DOCKET NO. [91])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sukeinah Hassan Kassir Represented By Vikrant Chaudhry

Defendant(s):

Sukeinah Kassir Represented By Vikrant Chaudhry

Mohammad Mahdi Kassir Represented By Vikrant Chaudhry

Mohammad Abbas Kassir Represented By Vikrant Chaudhry

Ali Al-Hadi Kassir Represented By Vikrant Chaudhry

Plaintiff(s):

Richard A Marshack Represented By

1:30 PM

CONT...


Trustee(s):


Sukeinah Hassan Kassir


Donald W Sieveke


Chapter 7

Richard A Marshack (TR) Represented By Donald W Sieveke

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

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


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;

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


FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20; 7-16-20; 8-20-20; 10-22-20; 12-17-20;

2-4-21


Docket 1


Tentative Ruling:

Tentative for 4/8/21:


This matter is CONTINUED to April 29, 2021 at 10:00 a.m., to be heard concurrently with the anticipated motion to enforce settlement pursuant to the Unilateral Status Report filed 3/25/21 [Dk. 50].


Appearances for the 4/8 hearing are excused.


***************************************************************************** Tentative for 2/4/21:


This matter is CONTINUED to April 8, 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.


Appearances for the 2/4 hearing are excused.


**************************************************************************** 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.

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


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.


********************************************************************************** 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.


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

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

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.


Appearances are excused.


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

11:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


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


Appearances are excused.


Debtor(s):


Party Information

WJA Asset Management LLC Represented By

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

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

Defendant(s):

Suneet Singal Pro Se

First Capital Real Estate Pro Se

Stephen Howell Pro Se

Central Valley Gas Stations Atwater Pro Se

Plaintiff(s):

TD REO Fund, LLC Represented By Michael W Davis Corey R Weber

TD Opportunity Fund, LLC Represented By Michael W Davis

11:00 AM

CONT...


WJA Asset Management LLC


Corey R Weber


Chapter 11

11:00 AM

8:18-14277


Progressive Solutions, Inc.


Chapter 11


#2.00


CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: Setting

Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

(3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

And (5) Setting Date For 11 U.S.C. Section 1111(b) Election (Set per Order Entered 2/24/2020)


FR: 4-9-20; 6-11-20; 11-5-20


Docket 162


Tentative Ruling:

Tentative for 4/8/21:


This matter is CONTINUED to December 2, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 4/8 hearing are excused.


****************************************************************************** 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.

11:00 AM

CONT...


Progressive Solutions, Inc.


Chapter 11

Virtual appearances are required.

************************************************************************************* Tentative for 4/9/20:


The Court has read the status report filed 3/26 [Dk. 176] and would appreciate a supplemental report filed by Debtor before April 7, 2020, with respect to all of the active steps that have been undertaken to proceed in this case as a Subchapter V proceeding. For instance, it appears that Debtor has sought no extensions of deadlines that are mandatorily set by statute under Subchapter V, including, but not limited to, 11 U.S.C. §§ 1189(b) and 1116(1).


The Court would also like to understand what role the Subchapter V Trustee has undertaken with respect to this case.


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.


The Parties are reminded to have all relevant filings/information easily accessible.

Party Information

Debtor(s):

Progressive Solutions, Inc. Represented By Lewis R Landau

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:19-13930


Jonathan James Lagman and Samantha Page Lagman


Chapter 11


#3.00


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

Management Conference And (2) Requiring Status Report (Petition filed 10/7/19)


FR: 11-21-19; advanced from 2-12-20; 1-30-20; 4-29-20; 6-11-20; 11-5-20


Docket 7

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING REORGANIZED DEBTOR'S MOTION TO ADMINISTRATIVELY CLOSE INDIVIDUAL CHAPTER 11 CASE ON AN INTER BASIS ENTERED 11-9-2021 - (DOCKET NO. [94])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jonathan James Lagman Represented By Michael Jones Sara Tidd

Joint Debtor(s):

Samantha Page Lagman Represented By Michael Jones Sara Tidd

11:00 AM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#4.00


CONT'D POST-CONFIRMATION 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; 11-5-20; 1-7-21


Docket 13


Tentative Ruling:

Tentative for 4/8/21:


This matter is CONTINUED to October 21, 2021, at 11:00 a.m. A status report is required 14 days in advance.


Appearances for the 4/8 hearing are excused.


***************************************************************************** Tentative for 1/7/21:


In light of the Court's tentative on related matter #11, the Court is inclined to set a post-confirmation status conference on April 8, 2021, at 11:00 a.m. A status report is required 14 days in advance.


Virtual appearances are required.


***************************************************************************** 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.


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

11:00 AM

CONT...


Gary Song Jiunn Mor


Chapter 11

disclosure statement filed September 15, 2020 [Dk. 62]. A status report is not required.


Appearances for the 10/22 hearing are excused.


**************************************************************************** Tentative for 5/7/20:


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


  1. Deadline for filing a plan and disclosure Statement: September 30, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.


  2. Deadline to object to claims: August 7, 2020.


  3. Continued status conference: October 22, 2020 at 11:00 a.m. A status report is due 14 days in advance.


Debtor is to lodge an order within seven days.


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


Party Information

Debtor(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw

Arnold H. Wuhrman

11:00 AM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#5.00


Hearing RE: Second Interim Application For Allowance Of Compensation And Reimbursement Of Expenses For The Period From September 30, 2020 Through February 28, 2021

(Application filed 3/11/2021)


[RE: FINANCIAL RELIEF LAW CENTER - Attorney For Debtor And Debtor In Possession]

[Fees: $8,607.00; Expenses: $232.90]


Docket 110


Tentative Ruling:

Tentative for 4/8/21 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: 161 640 0331


Password: 331434


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Gary Song Jiunn Mor


Chapter 11

Gary Song Jiunn Mor Represented By Andy C Warshaw

Arnold H. Wuhrman

Movant(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw Andy C Warshaw

Arnold H. Wuhrman Arnold H. Wuhrman

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#6.00


CONT'D Hearing RE: Motion For Order Disallowing, Or, Alternatively, Reducing Claim Nos. 11-1 And 2-1 of Wells Fargo Bank, Pursuant To 11 U.S.C. Sections 502(b) And (d), And 506(b)

(Motion filed 2/4/2021) FR: 3-11-21; 4-8-21

Docket 185

*** VACATED *** REASON: ORDER APPROVING STIPULATION TO CONTINUE MOTION FOR ORDER APPROVING BID PROCEDURES; AND MOTION FOR ORDER DISALLOWING , OR ALTERNATIVELY REDUCING CLAIM NOS. 11-1 AND 2-1 ENTERED 4-7-2021 - (DOCKET NO. [274] )

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Timothy W Evanston

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Golden Capital Venture LLC Represented By Michael Simon

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#6.10


Hearing RE: Motion For Order Approving Bid Procedures For Sale Of The Real Estate Property Located At 7762 Beach Boulevard, Buena Park, California, And Certain Related Personal Property, And To Deny Credit Bid Rights For Cause Under 11 U.S.C. Section 363(k)

(Motion filed 3/25/2021)


Docket 254

*** VACATED *** REASON: ORDER APPROVING STIPULATION TO CONTINUE MOTION FOR ORDER APPROVING BID PROCEDURES; AND MOTION FOR ORDER DISALLOWING , OR ALTERNATIVELY REDUCING CLAIM NOS. 11-1 AND 2-1 ENTERED 4-7-2021 - (DOCKET NO. [274] )

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

8:20-13223


Innovation Pet, Inc., a California corporation


Chapter 11


#7.00


CONT'D STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C. Section 1111(b) Election

(Set per Order Entered 11/20/2020)


FR: 1/7/2021 at 11:00 a.m.; 1-7-21


Docket 3


Tentative Ruling:

Tentative for 4/8/21:


This matter is CONTINUED to June 3, 2021, at 11:00 a.m. pursuant to the representations made in the State Report filed 3/25/21 [Dk. 77] that Debtor intends to file a motion to convert this case to Chapter 7. If the continued status conference is not otherwise vacated, a status report shall be due 14 days in advance.


Appearances for the 4/8 hearing are excused.


***************************************************************************** Tentative for 1/7/21:


The Court is inclined to set a continued status conference on April 8, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Virtual appearances are required.

Party Information

11:00 AM

CONT...

Debtor(s):


Innovation Pet, Inc., a California corporation


Chapter 11

Innovation Pet, Inc., a California Represented By

James C Bastian Jr Melissa Davis Lowe

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10362


Michael Gargan


Chapter 11


#8.00


STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 2/12/2021)

(Set per Order Entered 2/18/2021)


Docket 0


Tentative Ruling:

Tentative for 4/8/21:


Virtual appearances are required.


LBR 3003-1(a)(2) set a claims bar date of 70 days after the date of entry of the order for relief for non-government claims (and 180 days after for government claims). This petition was filed on February 12, 2021; therefore, the non-government claims bar date is April 23, 2021. LBR 3003-1(b)(2) and

(c) requires that the Debtor in possession serve a bar date notice within 7 days of the date of entry of order for relief and utilizing the mandatory Court- approved form: F 3003-1.NOTICE.BARDATE. The Court seeks clarification from Debtor whether such notice has been served.


The Court notes that the docket reflects that a Notice of Chapter 11 Case was served on February 16, 2021 [see Dk. 14]. While the notice contains information regarding the bar date, it is not sufficient to comply with LBR

3003-1(b)(2).

11:00 AM

CONT...


Michael Gargan


Chapter 11

Notwithstanding the foregoing, the Court is inclined to set the following dates/deadlines:


  1. Deadline to file Plan – May 13, 2021 (statutory deadline)


  2. Deadline to serve Plan – May 17, 2021


  3. Ballots Due – June 18, 2021


  4. Confirmation Brief Due – July 1, 2021


  5. Oppositions to Confirmation Brief due – July 8, 2021


  6. Replies due – July 15, 2021


  7. Confirmation Hearing – July 29, 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/1616400331 Meeting ID: 161 640 0331

Password: 331434

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...

Michael Gargan

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 640 0331


Password: 331434


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Michael Gargan Represented By Michael Jones

Trustee(s):

Robert Paul Goe (TR) Pro Se

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 11


#9.00


CONT'D Hearing RE: Motion to Approve Compromise Under Rule 9019 Debtor's Motion To Approve Settlement With Employers Compensation Insurance Company


(Set per Order Entered 3/23/2021) FR: 3-25-21

Docket 31


Tentative Ruling:

Tentative for 4/8/21 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: 161 640 0331


Password: 331434


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Tires Direct, Inc.


Chapter 11

***************************************************************************** Tentative for 3/25/21:


The alleged settlement agreement is unsigned by any party, and the Court requires a fully executed copy.


Virtual appearances are required.

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

9:30 AM

8:19-10153


Thomas Joseph Lynch, JR


Chapter 7

Adv#: 8:19-01069 OC West, LLC et al v. Lynch


#1.00


CONT'D TRIAL 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)

(Trial set per PTC held 10-7-20) FR: 1-25-21

FR: 7-3-19; 7-17-19; 10-2-19; 6-10-20; 7-15-20; 8-5-20; 10-7-20


[Tele. appr., Donald W. Reid, repr., OC West, LLC; Liberty Financial USA, LLC; Liberty Debt Solution]


Docket 1

Party Information

Debtor(s):

Thomas Joseph Lynch JR Pro Se

Defendant(s):

Thomas Joseph Lynch Represented By Michael Jones

Plaintiff(s):

OC West, LLC Represented By Donald W Reid

9:30 AM

CONT...


Thomas Joseph Lynch, JR


Chapter 7

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

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#1.00


CONT'D RULE 16 PRE-TRIAL CONFERENCE Hearing RE: Second Amended Complaint For:

  1. Declaratory Judgment;

  2. Quantum Meruit;

  3. Violation Of The Automatic Stay, And Other Court Orders;

  4. Avoidance, Recovery, And Preservation Of Fraudulent Transfer (Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]

(Amended Complaint filed 10/26/2020)

(Rule 16 Pre-Trial Conference set per Order Entered 2/18/2021) (Second Amended Complaint filed 2/25/2021)


FR: 8-4-20; 9-3-20; 9-10-20; 10-7-20; 10-21-20; 10-21-20; 1-20-21; 4-7-21


Docket 160


Tentative Ruling:

Tentative for 4/15/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1614028162 Meeting ID: 161 402 8162

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Password: 589450

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 402 8162

Password: 589450


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

1:30 PM

CONT...


Eagan Avenatti, LLP


Kurt Ramlo Filippo Marchino


Chapter 7

Elba Hernandez, individually and as Represented By

Filippo Marchino

Young Blue LLC, a limited liability Represented By

Filippo Marchino

Sandy Le, individually and on Represented By Filippo Marchino

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays Richard L Kellner

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 Tinho Mang


Monday, April 19, 2021 Hearing Room 5C


9:30 AM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


#1.00


CONT'D TRIAL RE: Complaint Objecting To Debtor's Discharge Under 11

U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)

(Complaint filed 1/4/19)

(TRIAL set at PTC held 12/18/19)

[Trial set as "initial Trial date per Order Entered 3/19/2020]

(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; 12-7-20


Docket 1

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Tim M McKenna Represented By Michael G Spector

Plaintiff(s):

Law Offices of Michelle J. Sukhov, Represented By

Michelle J Nelson Roger F Friedman

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

10:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


#1.00


Hearing RE: Ex Parte Application For Temporary Restraining Order And Order To Show Cause Why A Preliminary Injunction Should Not Issue

(Set per Order Entered 4/13/2021) (Amended Order Entered 4/13/2021)


Docket 52


Tentative Ruling:

Tentative for 4/20/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1608739948 Meeting ID: 160 873 9948

Password: 961197


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Meeting ID: 160 873 9948

Password: 961197


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

10:00 AM

CONT...

Movant(s):


Lenore LuAnn Albert-Sheridan


Chapter 7

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

6:20-10046


Jerome Fredrick Roehm and Shay Roehm


Chapter 7


#1.00


Marjorie Johnson - movant attorney Motion for Relief from Stay

Capital One Auto Finance vs. DEBTOR (Motion filed 3/15/21)


Re: 2015 Lexus CT CT 200h Hatchback MOVANT: CAPITAL ONE AUTO FINANCE

EH     


Docket 42


Tentative Ruling:

Tentative for 4/27/21:


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: 161 300 7523

10:00 AM

CONT...


Jerome Fredrick Roehm and Shay Roehm


Chapter 7

Password: 430549


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Jerome Fredrick Roehm Represented By Julie J Villalobos

Joint Debtor(s):

Shay Roehm Represented By

Julie J Villalobos

Movant(s):

Capital One Auto Finance, a division Represented By

Marjorie M Johnson

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:20-17328


Steven Craig Lee and Jana Lynn Lee


Chapter 7


#2.00


The Law Offices of Lindsey Hansen - movant attorney CONT. Motion for Relief from Stay

Sherry Schadeck and Kathleen Greco vs. DEBTOR (Motion filed 2/8/20)

*Amended Motion filed 2/16/21)


Re: ACTION IN NON-BANKRUPTCY FORUM


Docket 17


Tentative Ruling:

Tentative for 4/27/21 is to CONTINUE to June 1, 2021, at 10:00 a.m., to allow Movant to effectuate proper service on Debtors.


LBR 4001-1(1)(C)(i) requires that a movant serve a copy of the motion, notice of hearing, and all supporting documents in the time and manner prescribed by LBR 9013-1(d) upon the debtor and debtor's attorney. Proof of service filed 2/19/21 [Dk. 18] reflects that Movant personally served a copy of the motion to Debtors' attorney of record, but does not reflect that service was made to Debtors themselves.


Movant shall be required to be properly serve a notice of the continued hearing by not later than May 4, 2021. A proof of service reflecting the foregoing is due by not later than May 6, 2021.


Appearances for the 4/27 hearing are excused.

Party Information

Debtor(s):

Steven Craig Lee Represented By

Ethan Kiwhan Chin

10:00 AM

CONT...


Steven Craig Lee and Jana Lynn Lee


Chapter 7

Joint Debtor(s):

Jana Lynn Lee Represented By

Ethan Kiwhan Chin

Movant(s):

Sherry Schadeck Represented By Lindsey Hansen

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-11101


Lisa Rachelle Banks


Chapter 7


#3.00


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


Exeter Finance vs. DEBTOR, Karl T. Anderson, chapter 7 trustee (Motion filed 3/23/21)


Re: 2015 Dodge Dart, VIN: 1C3CDFAA5FD415560


EH            


Docket 10


Tentative Ruling:

Tentative for 4/27/21:


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: 161 300 7523


Password: 430549


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

10:00 AM

CONT...


Lisa Rachelle Banks


Chapter 7


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

Party Information

Debtor(s):

Lisa Rachelle Banks Pro Se

Movant(s):

Exeter Finance LLC f/k/a Exeter Represented By

Sheryl K Ith

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:21-11588


Harwinder Sambi and Harpret Sambi


Chapter 7


#4.00


Law Office of Julian Bach - movant attorney Motion for Relief from Stay

Simba Ya America Enterprises, Inc. vs. DEBTORS (Motion filed 4/2/21)


Re: 13688 Central Avenue, Chino, California 91710 EH            


Docket 10


Tentative Ruling:

Tentative for 4/27/21:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver. Such relief is effective only as provided under applicable law, which may include state and federal moratoriums prohibiting foreclosure and/or eviction.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further 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: 161 300 7523

10:00 AM

CONT...


Harwinder Sambi and Harpret Sambi


Chapter 7


Password: 430549


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Harwinder Sambi Represented By Mike Sethi

Joint Debtor(s):

Harpret Sambi Represented By Mike Sethi

Movant(s):

SIMBA YA AMERICA Represented By Julian K Bach

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-18118


Sarah Frances Bolfik


Chapter 7


#4.10


Hrg. on Stipulation By United States Trustee and Chapter 7 Trustee, and Debtor to Dismiss Bankruptcy Case with Prejudice pursuant to 11 U.S.C. §707(b) & 349


EH            


Docket 14


Tentative Ruling:

Tentative for 4/27/21:


The Court is inclined to APPROVE the stipulation.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604991924 Meeting ID: 160 499 1924

Password: 334176


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Sarah Frances Bolfik


Chapter 7


Meeting ID: 160 499 1924

Password: 334176


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Sarah Frances Bolfik Represented By Edgar P Lombera

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-16813


Wesley Hugh Gilmore and Debra Denise Gilmore


Chapter 7


#5.00


Hrg. on chapter 7 trustee's Objection to Claim Number 21-1, Can Capital, Inc. EH            

Docket 73


Tentative Ruling:

Tentative for 4/27/21 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: 160 499 1924


Password: 334176


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Wesley Hugh Gilmore Represented By James B Watkins

11:00 AM

CONT...


Wesley Hugh Gilmore and Debra Denise Gilmore


Chapter 7

Joint Debtor(s):

Debra Denise Gilmore Represented By James B Watkins

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:19-19750


Delta Hospice of California Inc


Chapter 7


#6.00


CONT. Hrg. on creditor W.I.I.R.E., LLC Motion filed 1/25/21 to Obtain Debtor's Financial Records from the Trustee


From: 3/2/21 EH            

Docket 111


Tentative Ruling:

Tentative for 4/27/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604991924 Meeting ID: 160 499 1924

Password: 334176


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Delta Hospice of California Inc


Chapter 7


Meeting ID: 160 499 1924

Password: 334176


For further details, please consult the 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 3/2/21:


This matter is CONTINUED to April 27, 2021, at 11:00 a.m.


Given the circumstances of this case (i.e., an unrepresented corporate debtor), the Court will require service of this motion to the attention to an officer, principal, or agent of Debtor. The proof of service attached to the motion indicates that it was served via mail to Debtor's address, but was not directed to the attention of an officer, principal, or agent for service of process. Therefore, the matter is continued to April 27, 2021, at 11:00 a.m. to allow Movant to serve Debtor in accordance with this directive.


A Supplemental Proof of Service must be filed, reflecting service in the manner required above, by not later than March 31, 2021.


Appearances for the 3/2 hearing are excused.

Party Information

11:00 AM

CONT...

Debtor(s):


Delta Hospice of California Inc


Chapter 7

Delta Hospice of California Inc Pro Se

Movant(s):

W.I.I.R.E., LLC Represented By John P. Ward

Trustee(s):

Todd A. Frealy (TR) Represented By Carmela Pagay

11:00 AM

6:20-16205


Sandra Ramirez


Chapter 7


#7.00


Hrg. on Chapter 7 Trustee's Motion to Dismiss Case and Vacate Discharge if Previously Entered


EH            


Docket 37


Tentative Ruling:

Tentative for 4/27/21 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: 160 499 1924


Password: 334176


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Sandra Ramirez Pro Se

11:00 AM

CONT...

Movant(s):


Sandra Ramirez


Chapter 7

Robert Whitmore (TR) Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-17559


Ingrid S. Jordan


Chapter 7


#8.00


Hrg. on chapter 7 trustee's Motion filed 3/22/21 to Extend Deadline for Chapter 7 Trustee to object to Debtor's Exemptions


EH            


Docket 25


Tentative Ruling:

Tentative for 4/27/21 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: 160 499 1924


Password: 334176


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


Party Information

Debtor(s):

Ingrid S. Jordan Represented By

11:00 AM

CONT...


Trustee(s):


Ingrid S. Jordan


Keith Q Nguyen


Chapter 7

Larry D Simons (TR) Represented By Frank X Ruggier

1:30 PM

6:18-11937


Lisa Duarte


Chapter 7

Adv#: 6:20-01025 Rose v. Duarte


#9.00


CONT STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - §523(a)(2)(A), §523(a)(4), §523(a)(6)


EH            


From: 9/23/20, 11/17/20,1/19/21


Docket 1


Tentative Ruling:

Tentative for 4/27/21:


This matter is CONTINUED to July 27, 2021, at 11:00 a.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 4/27 hearing are excused.


***************************************************************************** Tentative for 1/19/21:


This matter is CONTINUED to April 27, 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 1/19 hearing are excused.


***************************************************************************** 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.

1:30 PM

CONT...


Lisa Duarte


Chapter 7


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

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 accessible during the hearing.


Party Information

Debtor(s):

Lisa Duarte Pro Se

Defendant(s):

Lisa Duarte Pro Se

Plaintiff(s):

Stacey Rose Represented By

Michael D Anderson

1:30 PM

CONT...


Trustee(s):


Lisa Duarte


Andrei Serpik


Chapter 7

Karl T Anderson (TR) Pro Se

1:30 PM

6:19-10665


Flowmedia Solutions


Chapter 7

Adv#: 6:21-01013 PRINGLE v. Williams et al


#10.00


CONT. STATUS CONFERENCE re: Complaint by John Pringle against Jamie Williams, Cristina Williams, Melt Industries LLC, BARCLAYS BANK DELAWARE, Barclays US, CHASE BANK USA, N.A., Citibank. for Avoidance of Fraudulent and Preferential Transfers, Recovery, and Disallowance of Claims


From: 4/6/21 EH            

Docket 1


Tentative Ruling:

Tentative for 4/27/21:


This matter is CONTINUED to June 1, 2021, at 1:30 p.m. A status report, which contains proposed dates/deadlines, shall be required 14 days in advance.


Appearances for the 4/27 hearing are excused.


Party Information

Debtor(s):

Flowmedia Solutions Represented By

Robert B Rosenstein

Defendant(s):

Jamie Williams Pro Se

Cristina Williams Pro Se

Melt Industries LLC Pro Se

1:30 PM

CONT...


Flowmedia Solutions


Chapter 7

BARCLAYS BANK DELAWARE Represented By

John C Gray

Barclays US Represented By

John C Gray

CHASE BANK USA, N.A. Pro Se

Citibank Represented By

Michael Baker

Plaintiff(s):

JOHN PRINGLE Represented By Charity J Manee Robert P Goe

Trustee(s):

John P Pringle (TR) Represented By Charity J Manee Robert P Goe

1:30 PM

6:20-11936


Yun Ho Choi


Chapter 7

Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


#11.00


CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 727(a)(2)(A), 727(a)(3), 727(a)(5)


From: 9/2/20,11/4/20,1/19/21 EH         


Docket 1


Tentative Ruling:

Tentative for 4/27/21:


This matter is CONTINUED to May 18, 2021, at 1:30 p.m., to be heard concurrently with the continued hearing on the motion for default judgment. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


Appearances for the 4/27 hearing are excused.


***************************************************************************** Tentative for 1/19/21:


This matter is CONTINUED to April 27, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


Additionally, Plaintiff is required to file a motion for default judgment by not later than March 5, 2021.


The Court notes that, as of the posting of this tentative, no status report has been filed, despite the Court's instructions to file a status report not later than 14 days before the 1/19 hearing (see tentative below). Thus, Plaintiff has

1:30 PM

CONT...


Yun Ho Choi


Chapter 7

failed to adhere to the requirements of LBR 7016-1, as well as this Court's prior instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


Appearances for the 1/19 hearing are excused.


****************************************************************************** Tentative for 11/4/20 is to CONTINUE to January 19, 2021, at 1:30 p.m. If not otherwise resolved, a status report is due 14 days before the continued status conference.


Appearances for the 11/4 hearing are excused.


******************************************************************************* Tentative for 9/2/20 is to CONTINUE to November 4, 2020 at 1:30 p.m., in light of the representation in Plaintiff's Unilateral Status Report [Dk. 4] that the parties are engaged in settlement discussions. A status report (unilateral or joint), which contains details regarding the status of settlement discussions and proposed dates for completion of discovery, trial readiness, etc., shall be due no later than 14 days before the continued status conference.


Appearances for the 9/2 hearing are excused.

Party Information

Debtor(s):

Yun Ho Choi Represented By

Young K Chang

Defendant(s):

Yun Ho Choi Pro Se

Plaintiff(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

1:30 PM

CONT...

Trustee(s):


Yun Ho Choi


Chapter 7

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#12.00


Application for Compensation for Todd L Turoci, Debtor's Attorney, Period: 6/29/2020 to 3/11/2021, Fee: $21951.50, Expenses: $1044.95


EH            


Docket 96


Tentative Ruling:

Tentative for 4/27/21 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: 160 572 9987


Password: 350757


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


Party Information

Debtor(s):

Camp Croteau, Inc. Represented By

1:30 PM

CONT...


Movant(s):


Camp Croteau, Inc.


Todd L Turoci


Chapter 11

Camp Croteau, Inc. Represented By Todd L Turoci Todd L Turoci Todd L Turoci

Trustee(s):

Caroline Renee Djang (TR) Pro Se

1:30 PM

6:20-16339


Catherine Macknally


Chapter 7

Adv#: 6:20-01186 Simons (TR) v. Macknally


#13.00

Plaintiffs Motion for Default Judgment against Catherine Macknally


Docket 9


Tentative Ruling:

Tentative for 4/27/21 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: 160 572 9987


Password: 350757


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Catherine Macknally Represented By Natalie A Alvarado

1:30 PM

CONT...


Catherine Macknally


Chapter 7

Defendant(s):

Catherine Macknally Pro Se

Movant(s):

Larry D Simons (TR) Pro Se

Larry D Simons (TR) Pro Se

Plaintiff(s):

Larry D Simons (TR) Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:20-16339


Catherine Macknally


Chapter 7

Adv#: 6:20-01186 Simons (TR) v. Macknally


#14.00


CONT. STATUS CONFERENCE re: Complaint by Larry D Simons (TR) against Catherine Macknally - 727(c),(d),(e)


From: 2/16/21 EH     

Docket 1


Tentative Ruling:

Tentative for 4/27/21:


Pursuant to the tentative on related matter #13, this matter shall be taken off calendar.


Appearances for the 4/27 hearing are excused.


***************************************************************************** Tentative for 2/16/21:


This matter is CONTINUED to April 27, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


The Court notes that, as of the posting of this tentative, no status report has been filed, despite the requirements contained in LBR 7016-1 and the Court's Early Meeting of Counsel and Status Conference Instructions issued 12/1/20 [Dk. 2]. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


Additionally, Plaintiff is required to file a motion for default judgment by not later than March 26, 2021.

1:30 PM

CONT...


Catherine Macknally


Chapter 7


Appearances for the 2/16 hearing are excused.

Party Information

Debtor(s):

Catherine Macknally Represented By Natalie A Alvarado

Defendant(s):

Catherine Macknally Pro Se

Plaintiff(s):

Larry D Simons (TR) Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:20-17328


Steven Craig Lee


Chapter 7

Adv#: 6:21-01019 Schadeck et al v. Lee


#15.00


STATUS CONFERENCE re: Complaint by Sherry Schadeck , Kathleen Greco against Steven C Lee - Sections 523(a)(4) (fraud as fiduciary, embezzlement, larceny), 523(a)(6) and 523(a)(2)


EH            


Docket 1


Tentative Ruling:

Tentative for 4/27/21:


This matter is CONTINUED to July 13, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Additionally, a motion for default judgment should be filed by not later than May 28, 2021. Any reasons for failure to meet this deadline should be fully addressed in the status report required above.


Appearances for the 4/27 hearing are excused.

Party Information

Debtor(s):

Steven Craig Lee Represented By

Ethan Kiwhan Chin

Defendant(s):

Steven C Lee Pro Se

Joint Debtor(s):

Jana Lynn Lee Represented By

Ethan Kiwhan Chin

1:30 PM

CONT...


Steven Craig Lee


Chapter 7

Plaintiff(s):

Kathleen Greco Represented By Lindsey Hansen

Sherry Schadeck Represented By Lindsey Hansen

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

8:21-10358


Myung Ok Sung


Chapter 7


#1.00


Motion for relief from stay [Unlawful Detainer]


Bank Of The West, Its Assignees And/Or Successors vs.DEBTOR (Motion filed 3/19/2021)


[RE: 8581 Hillcrest Road, Buena Park, CA 90621]


Docket 8


Tentative Ruling:

Tentative for 4/27/21:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver and annulment. Such relief is effective only as provided under applicable law, which may include state and federal moratoriums prohibiting foreclosure and/or eviction.


Movant's request for relief pursuant to 11 U.S.C. § 362(d)(4) is denied, as the Movant is a foreclosing lender (i.e., owner) and not "a creditor whose claim is secured by an interest in such real property" eligible to obtain in rem relief under § 362(d)(4). See Ramirez v. Nationstar Mortg. LLC (In re Ramirez), BAP No. EC-16-1015-KuMaJu, 2016 WL 7189831, at *7 n.7 (9th Cir. BAP Dec. 2, 2016).


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

10:00 AM

CONT...


Myung Ok Sung


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 687 7430

Password: 170627


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Myung Ok Sung Represented By Michael H Yi

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#2.00


CONT'D Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-cv-08313- JAK-JPR

(Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21; 2-18-21


Docket 212


Tentative Ruling:

Tentative for 4/28/21:


This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 4/28 hearing are excused.


***************************************************************************** Tentative for 2/18/21:


This matter is CONTINUED to April 28, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 2/18 hearing are excused.


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


This matter is CONTINUED to February 18, 2021, at 1:30 p.m. A status report is due 14 days in advance.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

***************************************************************************** Tentative for 1/6/21 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*************************************************************************** Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

******************************************************************************* Tentative for 11/18/20:


In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


The 11/18 hearing is hereby vacated; appearances will not be permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

11:00 AM

CONT...


Eagan Avenatti, LLP


Judith E Marshack John P. Reitman Meghan C Murphey Tinho Mang


Chapter 7

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#3.00


CONT'D Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21; 2-18-21


Docket 219


Tentative Ruling:

Tentative for 4/28/21:


This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 4/28 hearing are excused.


***************************************************************************** Tentative for 2/18/21:


This matter is CONTINUED to April 28, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 2/18 hearing are excused.


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


This matter is CONTINUED to February 18, 2021, at 1:30 p.m. A status report is due 14 days in advance.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


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

11:00 AM

CONT...


Eagan Avenatti, LLP


Chapter 7

Tentative for 1/6/21 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 1/6 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


*************************************************************************** Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


****************************************************************************** Tentative for 11/18/20:


In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.


The 11/18 hearing is hereby vacated; appearances will not be permitted.

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack

11:00 AM

CONT...


Eagan Avenatti, LLP


John P. Reitman Meghan C Murphey Tinho Mang


Chapter 7

11:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#4.00


CONT'D 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]


FR: 12-3-20; 1-6-21; 3-24-21; 4-14-21


Docket 22


Tentative Ruling:

Tentative for 4/28/21:


This matter is CONTINUED to May 19, 2021, at 11:00 a.m., to be heard concurrently with the anticipated Motion to Approve Settlement Agreement. A status report shall not be required.


Appearances for the 4/28 hearing are excused.


***************************************************************************** Tentative for 3/24/21 is to CONTINUE to April 14, 2021 at 11:00 a.m., to be heard in conjunction with the anticipated Motion to Approve Settlement Agreement, as requested in the Movant's Unilateral Status Report filed 3/11/21 [Dk. 74].


Appearances for the 3/24 hearing are excused.


***************************************************************************** Tentative for 12/3/20:


Virtual appearances are required.

Party Information

11:00 AM

CONT...

Debtor(s):


Yifeng Gao and Liping Wu


Chapter 7

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Movant(s):

Jonathan Lam Represented By Brent D Meyer

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

11:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#5.00


CONT'D Hearing RE: Objection To Debtors' Claim Of Exemptions (Motion filed 11/20/2020)

(Set per Order Entered 11/20/2020) (Continued per Order Entered 12/28/2020)


FR: 1-6-21; 3-24-21; 4-14-21


Docket 29


Tentative Ruling:

Tentative for 4/28/21:


This matter is CONTINUED to May 19, 2021, at 11:00 a.m., to be heard concurrently with the anticipated Motion to Approve Settlement Agreement. A status report shall not be required.


Appearances for the 4/28 hearing are excused.


***************************************************************************** Tentative for 3/24/21 is to CONTINUE to April 14, 2021 at 11:00 a.m., to be heard in conjunction with the anticipated Motion to Approve Settlement Agreement, as requested in the Movant's Unilateral Status Report filed 3/11/21 [Dk. 74].


Appearances for the 3/24 hearing are excused.


****************************************************************************** Tentative for 1/6/21 is to CONTINUE to May 19, 2021 at 11:00 a.m. A status report is due 14 days in advance.

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

11:00 AM

CONT...


Yifeng Gao and Liping Wu


Chapter 7

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

11:00 AM

8:20-11643


James A. Trent


Chapter 7


#6.00


Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From July 16, 2020 Through December 31, 2020

(Application filed 4/7/2021)


[RE: WEILAND GOLDEN GOODRICH LLP - Attorneys For Chapter 7 Trustee]

[Fees : $103,665.00; Expenses: $131.44]


Docket 126


Tentative Ruling:

Tentative for 4/28/21 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: 160 171 9133


Password: 059344


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


James A. Trent


Party Information


Chapter 7

James A. Trent Represented By Christine A Kingston

Movant(s):

Weiland Golden Goodrich LLP Pro Se

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall Jeffrey I Golden

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7


#7.00


Hearing RE: Trustee's Motion for Order Authorizing Sale Of Real Property: (A) Outside The Ordinary Course Of Business; (B) Free And Clear Of Liens; (C) Subject To Overbids And (D) For Determination Of Good Faith Purchasers Under Section 363(m)

(Motion filed 4/7/2021)


Docket 525


Tentative Ruling:

Tentative for 4/28/21 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/1601719133 Meeting ID: 160 171 9133

Password: 059344


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

Meeting ID: 160 171 9133

Password: 059344


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Movant(s):

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch

11:00 AM

CONT...


Trustee(s):


Luminance Recovery Center, LLC


Faye C Rasch Robert S Marticello


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#8.00


CONT'D STATUS CONFERENCE Hearing RE:Complaint For: (1) Avoidance Of Preferential Transfers; (2) Recovery Of Property; (3) Preservation Of Avoided Transfers; (4) Disallowance Of Claims; (5) Turnover; (6) Predatory Lending;

  1. Equitable Subordination Of Claims; and (8) Declaratory Relief

    [Holding Date]

    (Complaint filed 3/20/19) (PTC set at S/C held 9/18/19)

    (S/C set at hrg. held 10/21/2020)

    (Con't from 10:00 am, per order entered 12/23/20)


    FR: 6-26-19; 8-7-19; 9-18-19; 5-13-20; 7-15-20; 9-30-20; 10-21-20; 1-20-21


    Docket 1


    Tentative Ruling:

    Tentative for 4/28/21:


    This matter is CONTINUED to May 5, 2021, at 1:30 p.m. to be heard concurrently with the hearing on Plaintiff's motion for default judgment.


    The Court notes that a status report was not filed 14 days prior to the 4/28 hearing, despite the Court's instructions to do so (see prior tentative ruling below). Thus, Plaintiff has again failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. Plaintiff is required to file a supplemental status report not later than April 30, 2021, or be subject to monetary and non-monetary sanctions at the 5/5 hearing for his failure to comply.


    Appearances for the 4/28 hearing are excused.


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

    1:30 PM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    This matter is CONTINUED to April 28, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due 14 days in advance.


    Additionally, Plaintiff is required to file a motion for default judgment by not later than March 5, 2021.


    The Court notes that a status report was filed on 1/14/21 [Dks. 48 and 50], despite the Court's instructions to file a status report not later than 14 days before the 1/20 hearing. See order entered 12/23/20 [Dk. 46]. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    ***************************************************************************** Tentative for 9/30/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


    The Court previously continued this pre-trial conference from July 15, 2020 to September 30, 2020, directing Plaintiff to file any motion he deems appropriate, including a request for order to show cause why Defendant's answer should not be stricken, by no later than August 15, 2020. As of the posting of this tentative, the docket does not reflect any activity since the 7/15 hearing.


    Additionally, the Court notes that a pre-trial stipulation has not been filed pursuant to the requirements of LBR 7016-1.


    Virtual appearances are required.


    ********************************************************************************** Tentative for 7/15/20 is to CONTINUE to September 30, 2020 at 11:00 a.m.

    1:30 PM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    Plaintiff may file any motion he deems appropriate, including a request for order to show cause, by no later than August 15, 2020.


    Appearances for the 7/15 hearing are excused.


    ******************************************************************************* Tentative for 09/18/2019:


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


    1. Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: May 13, 2020 at 1:30 p.m.


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


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


Appearances required.


Debtor(s):


Party Information

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Richmond Capital Group Pro Se

1:30 PM

CONT...


Luminance Recovery Center, LLC


Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01035 Marshack v. American Express et al


#9.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, And Fraudulent Transfers


FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20; 12-2-20; 1-20-21; 3-10-21; 3-10-21


Docket 1

*** VACATED *** REASON: CONTINUED TO JUNE 16, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 4-12-2021 (DOCKET NO. [43])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

American Express Represented By Sweeney Kelly

American Express National Bank Represented By

Sweeney Kelly

American Express Company Represented By Sweeney Kelly

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack David Wood

1:30 PM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello

1:30 PM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:19-01176 Golden v. Caufield et al


#10.00


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

  1. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);

  2. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);

  3. Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And

  4. Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)

(Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)


FR: 11-19-19; 5-27-20; 8-5-20; 11-4-20; 1-20-21


Docket 20

*** VACATED *** REASON: CONTINUED TO JUNE 16, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRE- TRIAL CONFERENCE HEARING ENTERED 4-15-2021 - (DOCKET NO. [48])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Jason Caufield Represented By Tyler H Brown

Plaintiff(s):

Jeffrey I. Golden Represented By Reem J Bello Ryan W Beall

1:30 PM

CONT...

Trustee(s):


Tim M McKenna


Chapter 7

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

1:30 PM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:20-01138 Golden v. McKenna et al


#11.00


Hearing RE: Motion To Dismiss First Amended Complaint For Failure To State A Claim Pursuant To Rule 12(b)

(Motion filed 3/5/2021)


Docket 30


Tentative Ruling:

Tentative for 4/28/21 is to DISMISS the complaint with prejudice.


This is the second motion to dismiss filed by Defendants. The first was granted by an order entered on February 3, 2021 [Dk. 27]. The amended complaint was filed on February 19, 2021 [Dk. 29].


Plaintiff's amended complaint includes the following facts. Timothy Maurice McKenna ("Settlor"), the father of the Debtor, executed the irrevocable ZZYZZX Gift Trust on October 25, 2005 ("Trust"). The Trust listed two trustees: (1) the "Independent Trustee," Ron Parks, and (2) the "Family Trustee," Debtor/Defendant, Tim McKenna ("McKenna"). The Trust contains a spendthrift provision, and McKenna is one of multiple named beneficiaries of the Trust.


In 2012, McKenna and Parks, in their capacities as trustees of the Trust, executed a Notice Limiting Independent Trustee’s Responsibilities ("Notice"). Plaintiff contends that the Notice amended the Trust, removing Parks from his then-role as Independent Trustee, and authorizing McKenna, as Family Trustee, to assume all of the Independent Trustee's rights and responsibilities. Plaintiff contends that the Notice allowed McKenna to make unlimited distributions of Trust assets to himself and other beneficiaries in his sole discretion. As a result, Plaintiff seeks a determination by this Court that the spendthrift clause contained in the Trust is invalid, and that Debtor’s beneficial interest in the Trust renders the assets of the Trust property of the estate and subject to turnover.

1:30 PM

CONT...


Tim M McKenna


Chapter 7

Defendants have filed the present motion to dismiss, arguing that even if the Notice was an amendment that collapsed the powers of the Independent Trustee into the Family Trustee (i.e., McKenna), such an amendment would violate the express terms of the Trust, and is invalid. Defendants contend that McKenna did not and could not have the authority to make distributions from the Trust to himself or any other beneficiaries in his sole discretion, despite the execution of the Notice and his continued status as Family Trustee. For these reasons, Defendant contends that Plaintiff has failed to state a sufficient claim for relief. This Court is inclined to agree.


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), and that the facts add up to "more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).


Under California law, the following factors are considered when determining whether a spendthrift provision is effective: (1) whether the trust was self- settled; (2) whether the beneficiary acted as trustee; (3) whether the beneficiary has the ability to terminate or amend the trust; and (4) whether the beneficiary had ‘unfettered access’ to the trust funds." Fidelity Nat. Financial Inc. v. Friedman, 2010 WL 2569219 (C.D. Cal. 2010). The "critical inquiry" is whether "the trust’s beneficiaries exercise excessive control over the trust." Id., citing In re Moses, 167 F.3d 470, 473 (9th Cir. 1999).


Application of the foregoing Fidelity factors demonstrate that the spendthrift provision is effective. First, the Trust was not self-settled, despite the fact that McKenna was named both a beneficiary and trustee of the Trust. Secondly, under the terms of the Trust itself, McKenna had only limited rights to amend the trust. Notably, pursuant to Section 6.8.2 of the Trust, McKenna could not "participate in any amendment which may result in such Trustee beneficiary receiving any direct or indirect financial benefit from any such trust." Under the plain terms of the Trust, it appears that the Notice, insofar as it conveyed McKenna with any right to make distributions to himself solely at his own discretion, was an improper amendment to the Trust, and is invalid. Thirdly, and most importantly, Debtor was at all times prohibited from gaining sole control of the Trust, again pursuant to the express provisions contained in the

1:30 PM

CONT...


Tim M McKenna


Chapter 7

Trust itself.


Therefore, in the absence of facts demonstrating that the spendthrift clause of the Trust is plausibly invalid, Plaintiff has failed to state a valid claim for relief, and the Court is inclined to DISMISS the amended complaint with prejudice.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603358246 Meeting ID: 160 335 8246

Password: 119364

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 335 8246

Password: 119364

For further details, please consult the 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,

1:30 PM

CONT...

Tim M McKenna

Chapter 7

so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

Sitework Development Company, Represented By

Robert P Goe

Movant(s):

Tim M McKenna Represented By Robert P Goe

Courtney Statham Represented By Robert P Goe Robert P Goe

Sitework Development Company, Represented By

Robert P Goe

Plaintiff(s):

Jeffrey I Golden Represented By

1:30 PM

CONT...


Trustee(s):


Tim M McKenna


Reem J Bello Ryan W Beall


Chapter 7

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

1:30 PM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:20-01138 Golden v. McKenna et al


#12.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For: Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542; And (2)

Declaratory Relief (Complaint filed 9/25/2020)

(First Amended Complaint filed 2/19/2021) FR: 12-16-20; 1-20-21; 3-24-21

Docket 1


Tentative Ruling:

Tentative for 4/28/21:


In the event that this matter is not otherwise taken off calendar, the Court is inclined to set a CONTINUED status conference on July 14, 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/1603358246 Meeting ID: 160 335 8246

Password: 119364

1:30 PM

CONT...


Tim M McKenna


Chapter 7

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 335 8246

Password: 119364


For further details, please consult the 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 3/24/21 is to CONTINUE to April 28, 2021, at 1:30 p.m. to be heard concurrently with the pending motion to dismiss. A status report is due 14 days in advance.


Appearances for the 3/24 hearing are excused.


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

Tentative for 1/20/21 is to set a CONTINUED status conference on March 24, 2021, at 1:30 p.m. A status report is due 14 days in advance.


Virtual appearances are required.

1:30 PM

CONT...


Tim M McKenna


Chapter 7


Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Tim M McKenna Represented By Robert P Goe

Courtney Statham Represented By Robert P Goe

Tim M. McKenna Pro Se

Sitework Development Company, Represented By

Robert P Goe

Plaintiff(s):

Jeffrey I Golden Represented By Reem J Bello Ryan W Beall

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01118 Marshack v. Discover Financial


#13.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

    [11 U.S.C. Sections 547, 550, 551 And 502(d)]

    (Complaint filed 8/19/2020) FR: 11-4-20; 1-20-21

    Docket 1


    Tentative Ruling:

    Tentative for 4/28/21:


    The Court notes that a status report was not filed 14 days prior to the 4/28 hearing, despite the Court's instructions to do so (see prior tentative below). The Plaintiff was also advised to file a motion for default judgment by 3/15/21, and has not done so. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. Additionally, the Court notes that there has been no activity on the docket since January 2021.


    In light of the foregoing, the Court is inclined to set a continued hearing on December 1, 2021, at 11:00 a.m., and issue an order to show cause why this case should not be dismissed for failure to prosecute, to be heard concurrently with the continued status conference on December 1, 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

    1:30 PM

    CONT...


    Ian G. Winterbotham


    Chapter 7

    by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

    Videoconference URL: https://cacb.zoomgov.com/j/1603358246 Meeting ID: 160 335 8246

    Password: 119364

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 335 8246

    Password: 119364


    For further details, please consult the 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 1/20/21:

    1:30 PM

    CONT...


    Ian G. Winterbotham


    Chapter 7

    This matter is CONTINUED to April 28, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due 14 days in advance.


    Additionally, Plaintiff is required to file a motion for default judgment by not later than March 15, 2021.


    The Court notes that a status report was filed on 1/15 [Dk. 12], despite the Court's instructions to file a status report not later than 14 days before the 1/20 hearing (see below tentative). Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    ****************************************************************************** Tentative for 11/4/20 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report is due 14 days prior.


    Appearances for the 11/4 hearing are excused.

    Party Information

    Debtor(s):

    Ian G. Winterbotham Represented By Michael D Franco

    Defendant(s):

    Discover Financial Pro Se

    Joint Debtor(s):

    Bree C. Winterbotham Represented By Michael D Franco

    1:30 PM

    CONT...


    Ian G. Winterbotham


    Chapter 7

    Plaintiff(s):

    Richard A Marshack Represented By Larry D Simons

    Trustee(s):

    Richard A Marshack (TR) Represented By Larry D Simons

    1:30 PM

    8:18-13617


    Ian G. Winterbotham


    Chapter 7

    Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.


    #14.00


    CONT'D STATUS CONFERENCE Hearing re: Complaint for (1) Avoidance And Recovery Of Preferential Transfers; (2) Preservation Of Preferential Transfers, And; (3) Disallowance Of Claims [11 U.S.C. Sections 547, 550, 551 And 502(d)] (Complaint filed 8/19/2020)


    FR: 11-4-20; 2-17-21


    Docket 1


    Tentative Ruling:

    Tentative for 4/28/21:


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


    1. Discovery cutoff: August 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: September 30, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


    3. Pretrial conference: October 20, 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 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

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603358246 Meeting ID: 160 335 8246

Password: 119364

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 335 8246

Password: 119364


For further details, please consult the 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.

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

***************************************************************************** Tentative for 2/17/21:


This matter is CONTINUED to April 28, 2021, at 1:30 p.m., pursuant to the tentative on related matter #28. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


Appearances for the 2/17 hearing are excused.


*************************************************************************** Tentative for 11/4/20 is to CONTINUE to February 17, 2021, at 1:30 p.m. A status report, either unilateral or joint, is due 14 days in advance of the continued hearing.


Plaintiff shall file a motion for default judgment by no later than January 15, 2021.


Appearances for the 11/4 hearing are excused.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Ashley Furniture Industries, Inc. Represented By

Jonathon J. Herzog

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

1:30 PM

CONT...

Trustee(s):


Ian G. Winterbotham


Chapter 7

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.


#15.00


CONT'D Hearing RE: Motion For Default Judgment Against Ashley Furniture Industries Inc.

(Motion filed 1/15/2021) FR: 2-17-21

Docket 16

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION FOR DEFAULT JUDGMENT AND VACATING HEARING ENTERED 4-19-2021 - (DOCKET NO. [29])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Ashley Furniture Industries, Inc. Represented By

Jonathon J. Herzog

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Movant(s):

Richard A Marshack Represented By Larry D Simons

Plaintiff(s):

Richard A Marshack Represented By

1:30 PM

CONT...


Trustee(s):


Ian G. Winterbotham


Larry D Simons


Chapter 7

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.


#16.00


STATUS CONFERENCE Hearing regarding Complaint: (1) To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(B) And 550; (2) To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550, And California Civil Code Sections 3439.04(a)(2) And 3439.05(a); And (3) To Preserve Transfers For The Benefit Of The Estate Pursuant To 11 U.S.C. Section 551

(Complaint filed 2/2/2021)


Docket 1


Tentative Ruling:

Tentative for 4/28/21:


In the event that this matter is not otherwise taken off calendar, the Court is inclined to set the following dates/deadlines:


  1. Discovery cutoff: November 5, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: December 3, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


  3. Pretrial conference: January 5, 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 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

1:30 PM

CONT...


Homestead Escrow, Inc.


Chapter 7

not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603358246 Meeting ID: 160 335 8246

Password: 119364

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 335 8246

Password: 119364


For further details, please consult the 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

1:30 PM

CONT...


Homestead Escrow, Inc.


Chapter 7

imposition of monetary and non-monetary sanctions.



Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.


#17.00


Hearing RE: Defendant's Motion For Dismissal Of Complaint Under Federal Rule Of Bankruptcy Procedure 7012 And Federal Rule Of Civil Procedure 12(b) (Motion filed 3/4/2021)


Docket 4


Tentative Ruling:

Tentative for 4/28/21:


Chapter 7 Trustee seeks to avoid and recover alleged fraudulent transfers in the amount of $83,780, plus interest and attorneys fees. Trustee asserts that Debtor and Glen Oaks Escrow, Inc. ("Defendant") allegedly agreed that Debtor would transfer 10 escrow accounts (the "Transferred Escrows") to Defendant for 20% of the total escrow fees. However, Trustee alleges that after gaining possession of the Transferred Escrows, Debtor never received any payment (i.e., did not receive any reasonable value) from Defendant.


Defendant has filed a motion to dismiss, arguing that Trustee has failed to state a valid claim pursuant to Rule 12(b), because, primarily, the requested relief would violate Cal. Fin. Code Section 17420, which prohibits the payment of "any person subject to this division.. to any other person any commission, fee, or other consideration as compensation for referring, soliciting, handling, or servicing escrow customers or accounts." Cal Fin Code § 17420 (emphasis added).


To the extent an agreement which violates applicable state law is alleged, Courts will not generally enforce the terms of the agreement. See generally Kashani v. Tsann Kuen China Enter. Co., 118 Cal. App. 4th 531, 540-41, 13 Cal. Rptr. 3d 174, 179 (2004). Further, the Court is unpersuaded by Plaintiff's argument that Code Section 17420 is inapplicable to the allegations contained in the complaint. Plaintiff's provided exhibits are irrelevant and do not refute the plain reading of the statute, which includes an express prohibition of compensation to other entities for the "handling, or servicing" of escrow

1:30 PM

CONT...


Homestead Escrow, Inc.


Chapter 7

customers or accounts.


Absent a detailed explanation from Plaintiff regarding why the requested relief is not a violation of the foregoing statute, the Court is inclined to GRANT 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/1603358246 Meeting ID: 160 335 8246

Password: 119364

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 335 8246

Password: 119364

For further details, please consult the 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,

1:30 PM

CONT...

Homestead Escrow, Inc.

Chapter 7

so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

Movant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.


#18.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint (1) Avoidance and Recovery of Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(B) And 550;

(2) Avoidance and Recovery of Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550; (3) Preservation; And (4) Intentional Interference With Contractual Relations

(Complaint filed 12/1/2020) FR: 2-17-21; 3-10-21

Docket 1

*** VACATED *** REASON: CONTINUED TO JUNE 2, 2021 AT 1:30

P.M. PER ORDER APPROVING SECOND STIPULATION TO CONTINUE STATUS CONFERENCE AND HEARING ON MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT CORNER ESCROW, INC. ENTERED 3-29-2021 - (DOCKET NO. [19])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Corner Escrow, Inc. Pro Se

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

1:30 PM

CONT...

Trustee(s):


Homestead Escrow, Inc.


Chapter 7

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.


#19.00


CONT'D Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Corner Escrow, Inc., A California Corporation

(Motion filed 2/3/2021) FR: 3-10-21

Docket 10

*** VACATED *** REASON: CONTINUED TO JUNE 2, 2021 AT 1:30

P.M. PER ORDER APPROVING SECOND STIPULATION TO CONTINUE STATUS CONFERENCE AND HEARING ON MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT CORNER ESCROW, INC. ENTERED 3-29-2021 - (DOCKET NO. [19])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Corner Escrow, Inc. Pro Se

Movant(s):

Karen S. Naylor Represented By Marc C Forsythe

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

1:30 PM

CONT...

Trustee(s):


Homestead Escrow, Inc.


Chapter 7

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01049 Marshack v. Aledmi, LLC et al


#20.00


CONT'D PRE-TRIAL 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)

(PTC set at S/C held 9/23/2020) FR: 6-30-20; 9-23-20

Docket 19

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 11-9-2020 - (DOCKET NO. [39])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Aledmi, LLC Represented By

Michael Simon

Lei Lei Wang Ekvall

Alan Chaffee Represented By

Michael Simon

Lei Lei Wang Ekvall

Edwin Spaunhurst Represented By

1:30 PM

CONT...


Eagan Avenatti, LLP


Michael Simon

Lei Lei Wang Ekvall


Chapter 7

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

Judith E Marshack John P. Reitman Meghan C Murphey Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01050 Marshack v. Alki Bakery, Inc.


#21.00


CONT'D PRE-TRIAL 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) (PTC set at S/C held 9/23/2020)


FR: 6-30-20; 9-23-20


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 11-9-2020 - (DOCKET NO. [18])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Alki Bakery, Inc. Represented By Fredrick A Rafeedie

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By

1:30 PM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01051 Marshack v. Faieta dba Competition Motorsports


#22.00


CONT'D PRE-TRIAL 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) (PTC set at S/C held 9/23/2020)


FR: 6-30-20; 9-23-20


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 11-9-2020 - (DOCKET NO. [23])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Robert Faieta dba Competition Represented By Christopher L Blank

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By

1:30 PM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost


#23.00


CONT'D PRE-TRIAL 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) (PTC set at S/C held 9/23/2020)


FR: 6-30-20; 9-23-20


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 11-9-2020 - (DOCKET NO. [56])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Foster Garvey PC, as successor-in- Represented By

Misty A Perry Isaacson

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman John P. Reitman

1:30 PM

CONT...

Trustee(s):


Eagan Avenatti, LLP


Chapter 7

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01059 Marshack v. Eisenhower Carlson PLLC


#24.00


CONT'D PRE-TRIAL 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) (PTC set at S/C held 9/30/20)


FR: 7-7-20; 9-30-20


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 11-9-2020 - (DOCKET NO. [22])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Eisenhower Carlson PLLC Represented By Steven Casselberry

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By

1:30 PM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01060 Marshack v. Gallo Builders, Inc.


#25.00


CONT'D PRE-TRIAL 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) (PTC set at S/C held 9-30-20)


FR: 7-7-20; 9-30-20


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 11-9-2020 - (DOCKET NO. [20])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Gallo Builders, Inc. Represented By

Martin B Greenbaum

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By

1:30 PM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01069 Marshack v. Trackside Performance, LLC


#26.00


CONT'D PRE-TRIAL 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] (PTC set at S/C held 9/30/2020)


FR: 7-21-20; 9-30-20


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 11-9-2020 - (DOCKET NO. [14])

Tentative Ruling:

Party Information

Debtor(s):

Cody Lee Engelmann Represented By

James D. Hornbuckle

Defendant(s):

Cody Lee Engelmann Represented By

James D. Hornbuckle

Plaintiff(s):

Michael V Hesse Represented By Michael V Hesse

1:30 PM

CONT...

Trustee(s):


Cody Lee Engelmann


Chapter 7

Thomas H Casey (TR) Pro Se

10:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

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


#1.00


Hearing RE: Motion To Enforce Settlement Agreement (Motion filed 4/8/2021)


Docket 52


Tentative Ruling:

Tentative for 4/29/21 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: 160 521 1653


Password: 802467


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello

10:00 AM

CONT...


WJA Asset Management LLC


Michael Simon Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis

Kathy Bazoian Phelps Timothy W Evanston


Chapter 11

Defendant(s):

Suneet Singal Pro Se

First Capital Real Estate Pro Se

Stephen Howell Pro Se

Central Valley Gas Stations Atwater Pro Se

Plaintiff(s):

TD REO Fund, LLC Represented By Michael W Davis Corey R Weber

TD Opportunity Fund, LLC Represented By Michael W Davis Corey R Weber

10:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

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


#1.10


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;

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


FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20; 7-16-20; 8-20-20; 10-22-20; 12-17-20;

2-4-21; 4-8-21


Docket 1


Tentative Ruling:

Tentative for 4/29/21:


This matter is CONTINUED to July 28, 2021, at 1:30 p.m. A status report is due not later than 14 days in advance.


Appearances for the 4/29 hearing are excused.


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

Tentative for 4/8/21:


This matter is CONTINUED to April 29, 2021 at 10:00 a.m., to be heard concurrently with the anticipated motion to enforce settlement pursuant to the Unilateral Status Report filed 3/25/21 [Dk. 50].


Appearances for the 4/8 hearing are excused.


***************************************************************************** Tentative for 2/4/21:


This matter is CONTINUED to April 8, 2021, at 11:00 a.m. If the matter is not otherwise resolved, a status report (unilateral or joint) is due 14 days before

10:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

the hearing.


Appearances for the 2/4 hearing are excused.


**************************************************************************** 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.


********************************************************************************** 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.

10:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


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:


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.

10:00 AM

CONT...


WJA Asset Management LLC


Chapter 11


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


Appearances are excused.


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


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


Appearances are excused.


Debtor(s):


Party Information

WJA Asset Management LLC Represented By

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

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

Defendant(s):

Suneet Singal Pro Se

First Capital Real Estate Pro Se

Stephen Howell Pro Se

Central Valley Gas Stations Atwater Pro Se

10:00 AM

CONT...


WJA Asset Management LLC


Chapter 11

Plaintiff(s):

TD REO Fund, LLC Represented By Michael W Davis Corey R Weber

TD Opportunity Fund, LLC Represented By Michael W Davis Corey R Weber

11:00 AM

8:17-11743


Cecilio Romero Murrietta


Chapter 11

Adv#: 8:20-01177 Gonzalez v. Murrietta et al


#2.00


CONT'D Hearing RE: Plaintiff Carlos Gonzalez's Motion For Order Remanding Case To State Court

(Motion filed 1/19/2021) FR: 2-18-21

Docket 13

*** VACATED *** REASON: OFF CALENDAR PER ORDER ON STIPULATION FOR DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) ENTERED 4-20-2021 - (DOCKET NO. [27])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Defendant(s):

Cecilio Murrietta Pro Se

David M. Goodrich Represented By Beth Gaschen

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Movant(s):

Carlos Gonzalez Represented By Hector C Perez

11:00 AM

CONT...


Cecilio Romero Murrietta


Chapter 11

Plaintiff(s):

Carlos Gonzalez Represented By Hector C Perez

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

11:00 AM

8:17-11743


Cecilio Romero Murrietta


Chapter 11

Adv#: 8:20-01177 Gonzalez v. Murrietta et al


#3.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Breach of Warranty;

  2. Negligence; And

  3. Strict Liability

(Notice of Removal filed 12/21/20) FR: 3-4-21


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER ON STIPULATION FOR DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) ENTERED 4-20-2021 - (DOCKET NO. [27])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Defendant(s):

Cecilio Murrietta Pro Se

David M. Goodrich Represented By Beth Gaschen

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

11:00 AM

CONT...


Cecilio Romero Murrietta


Chapter 11

Plaintiff(s):

Carlos Gonzalez Represented By Hector C Perez

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

11:00 AM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#4.00


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; 12-3-20


Docket 14


Tentative Ruling:

Tentative for 4/29/21:


This matter is CONTINUED to July 28, 2021, at 1:30 p.m. A status report is due 14 days in advance, and should address Debtor's proposed path for resolution of the outstanding issues identified in the status report filed 4/15/21 [Dk. 414].


Appearances for the 4/29 hearing are excused.


***************************************************************************** Tentative for 12/3/20 is to CONTINUE to April 29, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 12/3 hearing are excused.

Party Information

Debtor(s):

Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz

Trustee(s):

Howard B Grobstein (TR) Represented By

11:00 AM

CONT...


Kendall Frozen Fruits, Inc.


David Wood Matthew Grimshaw Tinho Mang

Annie Y Stoops

M Douglas Flahaut Aram Ordubegian


Chapter 11

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#5.00


CONT'D STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)

    (Amended Order Entered 8/20/2020) FR: 10-8-20; 1-7-21; 1-21-21; 3-11-21

    Docket 9

    *** VACATED *** REASON: CONTINUED TO JUNE 3, 2021 AT 11:00

    A.M. PER ORDER CONTINUING PLAN CONFIRMATION HEARING AND STATUS CONFERENCE AND SETTING FORTH REVISED BRIEFING SCHEDULE ENTERED 4-27-2021 - (DOCKET NO. [128])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Christopher Alexander Todero Represented By Anerio V Altman

    Trustee(s):

    Mark M Sharf (TR) Pro Se

    11:00 AM

    8:20-12636


    Golden Hotel LLC


    Chapter 11


    #6.00


    CONT'D Hearing RE: Motion For Order Approving Bid Procedures For Sale Of The Real Estate Property Located At 7762 Beach Boulevard, Buena Park, California, And Certain Related Personal Property, And To Deny Credit Bid Rights For Cause Under 11 U.S.C. Section 363(k)

    (Motion filed 3/25/2021) FR: 4-8-21

    Docket 254

    *** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF MOTION FILED 4-21-2021 - (DOCKET NO. [286])

    Tentative Ruling:

    Party Information

    Debtor(s):

    Golden Hotel LLC Represented By

    Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

    11:00 AM

    8:20-13223

    Innovation Pet, Inc., a California corporation

    Chapter 11

    #7.00

    Hearing RE: First And Final Application For Compensation And Reimbursement Of Expenses For The Period From November 23, 2020 Through April 5, 2021 (Application filed 4/5/2021)

    [RE: MARK M. SHARF - Subchapter V Trustee] [Fees: $15,300.00; Expenses: $0.00]

    Docket 79


    Tentative Ruling:

    Tentative for 4/29/21 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: 160 922 7431


    Password: 341227


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Innovation Pet, Inc., a California corporation


    Chapter 11

    Innovation Pet, Inc., a California Represented By

    James C Bastian Jr Melissa Davis Lowe

    Movant(s):

    Mark M Sharf (TR) Pro Se

    Trustee(s):

    Mark M Sharf (TR) Pro Se

    11:00 AM

    8:20-13447


    Jump Westminster, LLC


    Chapter 11


    #8.00


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

    (Petition filed 12/18/2020) FR: 2-4-21

    Docket 13


    Tentative Ruling:

    Tentative for 4/29/21:


    Virtual appearances are required.


    The Court has reviewed the Status Report filed 4/19/21 [Dk. 46], and notes that it does not contain a line item budget, and supporting declaration, as was required by the Order Setting Initial Status Conference entered December 22, 2020 [Dk. 13] ("Order") and this Court's prior tentative (see below). Moreover, as was also previously highlighted in this Court’s prior tentative, the docket does not reflect that a copy of the Order was served on the 20 largest unsecured creditors, all secured creditors, and the U.S. Trustee, as required by the Order.


    As previously explained, the failure of Debtor to file a status report and/or serve the foregoing notice of the Order pursuant to the terms of the Order may result in the appointment of a Chapter 11 Trustee, dismissal, or conversion of this case.


    In the event that this case is not dismissed or converted, the Court is inclined to set the following dates/deadlines:


    1. Claims Bar Date: July 30, 2021


    2. Notice of Claims Bar Date: May 7, 2021

      11:00 AM

      CONT...


      Jump Westminster, LLC


      Chapter 11

    3. Deadline to file Plan and Disclosure Statement: August 20, 2021


    4. Deadline to file Avoidance Actions: October 29, 2021


    5. Deadline to file Objections to Claims: September 30, 2021


    6. Continued status conference date: September 15, 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/1609227431 Meeting ID: 160 922 7431

Password: 341227

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 922 7431

Password: 341227

For further details, please consult the instructions on the Court’s website

11:00 AM

CONT...

Jump Westminster, LLC

Chapter 11

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 2/4/21:


Virtual appearances are required.


As of the posting of this tentative, a status report, with a line item budget, and supporting declaration, has not been filed as required by the Order Setting Initial Status Conference entered December 22, 2020 [Dk. 13] ("Order").

Moreover, the docket does not reflect that a copy of the Order was served on the 20 largest unsecured creditors, all secured creditors, and the U.S. Trustee, as required by the Order. Further, the Order advises that the failure of Debtor to file a status report may result in the appointment of a Chapter 11 Trustee, dismissal, or conversion of this case.


Accordingly, the Court will set a continued status conference and issue an order to show cause why the case should not be dismissed or converted, both to be heard on March 25, 2021 at 11:00 a.m. Any opposition to the order to show cause, as well as a status report, must be filed by March 11, 2021.


Virtual appearances are required.

Party Information

Debtor(s):

Jump Westminster, LLC Represented By Michael G York

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 11


#9.00


Hearing RE: Joint Motion Of Tire Suppliers To (1) De-Designate Case As A Subchapter V Case; And (2) Convert Case To Chapter 7

(Motion filed 3/25/2021)


Docket 51


Tentative Ruling:

Tentative for 4/29/21 is to GRANT the motion and convert this case to Chapter 7, noting the Debtor's non-opposition filed 4/15/21 [Dk. 81].


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609227431 Meeting ID: 160 922 7431

Password: 341227


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 922 7431

11:00 AM

CONT...


Tires Direct, Inc.


Chapter 11


Password: 341227


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 11


#10.00


Hearing RE: Application Of Debtor And Debtor-In-Possession To Employ Levene, Neale, Bender, Yoo & Brill L.L.P. As Bankruptcy Counsel Pursuant To 11 U.S.C. Sections 327, 330, And 331

(Motion filed 3/3/2021)

(Set per Notice of Hearing filed 3/29/2021)


Docket 23


Tentative Ruling:

Tentative for 4/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609227431 Meeting ID: 160 922 7431

Password: 341227


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Tires Direct, Inc.


Chapter 11

Meeting ID: 160 922 7431

Password: 341227


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 11


#11.00


Hearing RE: Application Of Debtor And Debtor In Possession To Employ Zumpano Castro, PLLC As Special Litigation Counsel Pursuant To 11 U.S.C.

Sections 327(e), 330, And 331 (Motion filed 3/3/2021)

(Set per Notice of Hearing filed 3/29/2021)


Docket 25

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF APPLICATION OF DEBTOR AND DEBTOR-IN-POSSESION TO EMPLOY ZUMPANO CASTRO, PLLC AS SPECIAL LITIGATION COUNSEL FILED 4/19/2021 - (DOCKET NO. [82])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 11


#12.00


Hearing RE: Application Of Debtor And Debtor In Possession To Employ Ingle Law Office, A Professional Corporation, As Special Litigation Counsel Pursuant To 11 U.S.C. Sections 327(e), 330, And 331

(Motion filed 3/3/2021)

(Set per Notice of Hearing filed 3/29/2021)


Docket 27

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF APPLICATION OF DEBTOR AND DEBTOR-IN-POSSESION TO EMPLOY INGLE LAW OFFICE, A PROFESSIONAL CORPORATON AS SPECIAL LITIGATION COUNSEL FILED 4/19/2021 - (DOCKET NO. [83])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 11


#13.00


Hearing RE: Application Of Debtor And Debtor In Possession To Employ Nuttall & Patel LLP As Accountants Pursuant To 11 U.S.C. Sections 327, 328, 330, And 331

(Motion filed 3/3/2021)

(Set per Notice of Hearing filed 3/26/2021)


Docket 29


Tentative Ruling:

Tentative for 4/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609227431 Meeting ID: 160 922 7431

Password: 341227


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Tires Direct, Inc.


Chapter 11

Meeting ID: 160 922 7431

Password: 341227


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10246


Texas Tire Warehouse, LLC


Chapter 11


#14.00


Hearing RE: Application Of Debtor And Debtor In Possession To Employ Levene, Neale, Bender, Yoo & Brill L.L.P. As Bankruptcy Counsel Pursuant To 11 U.S.C. Sections 327, 330, And 331

(Motion filed 3/3/2021)

(Set per Notice of Hearing filed 3/29/2021)


Docket 23


Tentative Ruling:

Tentative for 4/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609227431 Meeting ID: 160 922 7431

Password: 341227


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Texas Tire Warehouse, LLC


Chapter 11

Meeting ID: 160 922 7431

Password: 341227


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10246


Texas Tire Warehouse, LLC


Chapter 11


#15.00


Hearing RE: Application Of Debtor And Debtor In Possession To Employ Nuttall & Patel LLP As Accountants Pursuant To 11 U.S.C. Sections 327, 328, 330, And 331

(Motion filed 3/3/2021)

(Set per Notice of Hearing filed 3/29/2021)


Docket 25


Tentative Ruling:

Tentative for 4/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609227431 Meeting ID: 160 922 7431

Password: 341227


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Texas Tire Warehouse, LLC


Chapter 11

Meeting ID: 160 922 7431

Password: 341227


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10246


Texas Tire Warehouse, LLC


Chapter 11


#16.00


Hearing RE: Debtor's Motion To Convert Case Under 11 U.S.C. Sections 706(a) Or 1112(a)

(Motion filed 4/8/2021)


Docket 42


Tentative Ruling:

Tentative for 4/29/21 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/1609227431 Meeting ID: 160 922 7431

Password: 341227


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 922 7431

11:00 AM

CONT...


Texas Tire Warehouse, LLC


Chapter 11

Password: 341227


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10362


Michael Gargan


Chapter 11


#17.00


Hearing RE: Motion For Extension Of Time To File Certain Chapter 11 Documents

(Motion filed 3/25/2021)


Docket 32

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE CERTAIN CHAPTER 11 DOCUMENTS AND VACATING HEARING ENTERED 4-21-2021 - (DOCKET NO. [52])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Gargan Represented By Michael Jones

Trustee(s):

Robert Paul Goe (TR) Pro Se

11:00 AM

8:17-10929


Lindley Fire Protection Co., Inc.


Chapter 11


#18.00


Hearing RE: Joint Motion For Clarification Of Order Entered Approving Assignment For The Benefit Of Creditors Dismissing Case

(Motion filed 4/8/2021)


Docket 506


Tentative Ruling:

Tentative for 4/29/21 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: 160 922 7431


Password: 341227


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


Party Information

11:00 AM

CONT...

Debtor(s):


Lindley Fire Protection Co., Inc.


Chapter 11

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee James C Bastian Jr

Movant(s):

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee James C Bastian Jr

11:00 AM

8:17-10929


Lindley Fire Protection Co., Inc.


Chapter 11


#19.00


Hearing RE: Motion For Extension Of Bankruptcy Court's Jurisdiction Over Resolving Claim Disputes After Dismissal Of Case

(Motion filed 4/8/2021)


Docket 507


Tentative Ruling:

Tentative for 4/29/21 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: 160 922 7431


Password: 341227


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee

11:00 AM

CONT...


Movant(s):


Lindley Fire Protection Co., Inc.


James C Bastian Jr


Chapter 11

Lindley Fire Protection Co., Inc. Represented By

Marc C Forsythe Charity J Manee James C Bastian Jr

11:00 AM

8:20-11963


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11


#20.00


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

(Petition filed 7/10/2020)


FR: 9-3-20; 12-17-20; 2-4-21


Docket 8

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING DEBTOR'S MOTION FOR VOLUNTARY DISMISSAL OF CHAPTER 11 CASE ENTERED 3-26-2021 (DOCKET NO. [117])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman

11:00 AM

8:20-11963


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11


#21.00


Hearing RE: Final Approval Of Combined Disclosure Statement And Confirmation Of Chapter 11 Plan Proposed By The Debtor (D.S./Plan filed 1/28/2021)

(Hearing set per Order Entered 2/5/2021 - docket no. [83])


Docket 79

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING STIPULATION TO WITHDRAW PLAN AND DISCLOSURE STATEMENT ENTERED 3-3-2021 - (DOCKET NO. [104] )

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman

11:00 AM

8:20-11963


TNP Spring Gate Plaza, LLC a Delaware limited liab


Chapter 11


#22.00


CONT'D Motion for relief from stay [Real Property]


American National Insurance Company vs. DEBTOR (Motion filed 1/27/2021)


[RE: 1650 Spring Gate Lane, Las Vegas, Nevada 89134]


FR: 2-17-21


Docket 77

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING STIPULATION TO MODIFY AUTOMATIC STAY AND VACATING HEARING ENTERED 3-3-2021 - (DOCKET NO. [105])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman

Movant(s):

American National Insurance Represented By Lindsey E Kress

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al


#23.00


Hearing RE: Emergency Motion For Continuance Of Hearings On Plaintiff's Applications For Right To Attach Order And For Issuance Of Writ Of Attachment As To (1) Douglas Cavanaugh; And (2) Ralph Kosmides, And Extension Of The Related Deadlines

(Motion filed 4/27/2021)


Docket 57


Tentative Ruling:

Tentative for 4/29/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1609227431 Meeting ID: 160 922 7431

Password: 341227


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7


Meeting ID: 160 922 7431

Password: 341227


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Beachcomber Management Crystal Pro Se

Lighthouse Cafe, LLC Pro Se Beachcomber at Crystal Cove, LLC Pro Se

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7

Shake Shack Crystal Cove, LLC Pro Se

Movant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

10:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:17-01235 Hausman Holdings, LLC et al v. Downs


#1.00


CONT'D Hearing RE: Order For Judgment Debtor Andrea S. Downs To Appear For Examination

(Set per Order Entered 1/19/2021) FR: 2-12-2021

Docket 99

*** VACATED *** REASON: CONTINUED TO MAY 3, 2021 AT 1:30

P.M. PER ORDER APPROVING STIPULATION TO CONTINUE EXAMINATION OF JUDGMENT DEBTOR ANDREA S. DOWNS ENTERED 4-22-2021 - (DOCKET NO. [110])

Tentative Ruling:


Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Andrea S. 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

10:00 AM

CONT...

Trustee(s):


Andrea Steinmann Downs


Chapter 7

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

1:30 PM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:17-01235 Hausman Holdings, LLC et al v. Downs


#1.00


CONT'D Hearing RE: Order For Judgment Debtor Andrea S. Downs To Appear For Examination

(Set per Order Entered 1/19/2021) FR: 2-12-21; 4-30-21

Docket 99


Tentative Ruling:

Tentative for 5/3/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1607479776 Meeting ID: 160 747 9776

Password: 359587


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Andrea Steinmann Downs


Chapter 7


Meeting ID: 160 747 9776

Password: 359587


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Andrea S. 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

1:30 PM

CONT...

Trustee(s):


Andrea Steinmann Downs


Chapter 7

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

10:00 AM

6:21-11064


Lori Lynn Cook


Chapter 7


#1.00


Hrg. Reaffirmation Agreement Between Debtor and Navy Federal Credit Union, in the amount of $12,490.53


Re: 2017 Honda Accord


Docket 8


Tentative Ruling:

Tentative for 5/4/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1616871243 Meeting ID: 161 687 1243

Password: 710311


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Lori Lynn Cook


Chapter 7

Meeting ID: 161 687 1243

Password: 710311


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Lori Lynn Cook Represented By Marc A Duxbury

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:20-16245


Andrew Nathan Weiss


Chapter 7


#2.00 Bonial & Associates, PC - movant attorney Motion for Relief from Stay

Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 3/12/21)


Re: 2017 Toyota Sienna EH            

Docket 27


Tentative Ruling:

Tentative for 5/4/21:


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: 161 687 1243


Password: 710311


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Andrew Nathan Weiss


Chapter 7

filings/information easily accessible during the hearing. Movant to lodge an order within seven (7) days.

Party Information

Debtor(s):

Andrew Nathan Weiss Represented By

Rabin J Pournazarian

Movant(s):

TOYOTA MOTOR CREDIT Represented By Kirsten Martinez

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:21-11103


Taylor Lauren Elizabet Greene


Chapter 7


#3.00


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

Toyota Lease Trust vs. DEBTOR (Motion filed 3/19/21)


Re: 2017 Lexus RX 350


EH              


Docket 11


Tentative Ruling:

Tentative for 5/4/21:


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: 161 687 1243


Password: 710311

10:00 AM

CONT...


Taylor Lauren Elizabet Greene


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Taylor Lauren Elizabeth Greene Pro Se

Movant(s):

Toyota Lease Trust, as serviced by Represented By

Austin P Nagel

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:21-11103


Taylor Lauren Elizabet Greene


Chapter 7


#4.00


Tiffany & Bosco - movant attorney Motion for Relief from Stay

USB Leasing LT vs. DEBTOR (Motion filed 4/9/21)


Re: 2018 JAGUAR F-PACE; VIN NO. SADCJ2EVXJA243891


EH            


Docket 15


Tentative Ruling:

Tentative for 5/4/21:


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: 161 687 1243


Password: 710311

10:00 AM

CONT...


Taylor Lauren Elizabet Greene


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Taylor Lauren Elizabeth Greene Pro Se

Movant(s):

USB Leasing LT Represented By Robert P Zahradka

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:11-20421


Charles A Tumbrello and Monika C Tumbrello


Chapter 7


#5.00


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

[Howard Grobstein, chapter 7 trustee] [Fees; $4710.60; Expenses; $0]


[Ervin Cohen & Jessup LLP; attorneys for trustee] [Fees; $91,362.50; Expenses; $5626.50]


[Grobstein Teeple LLP; accountant for trustee] [Fees; $444.25; Expenses $0]


Docket 197


Tentative Ruling:

Tentative for 5/4/21 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 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: 160 846 6566


Password: 904858

11:00 AM

CONT...


Charles A Tumbrello and Monika C Tumbrello


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Charles A Tumbrello Pro Se

Joint Debtor(s):

Monika C Tumbrello Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi

11:00 AM

6:11-31838


Gregory A Hatfield and Leanna J Hatfield


Chapter 7


#6.00


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

[A. Cisneros, trustee]

[Fees; $6750.00; Expenses; $77.97]


[Pagter and Perry Isaacson, attorneys for trustee] [Fees; $6600.00; Expenses; $279.80]


[Hahbn & Fife & Company, LLP, accountant for trustee] [Fees; $2645.00; Expenses; $380.40]


Docket 50


Tentative Ruling:

Tentative for 5/4/21 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 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: 160 846 6566


Password: 904858

11:00 AM

CONT...


Gregory A Hatfield and Leanna J Hatfield


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Gregory A Hatfield Represented By Robin J Hoff

Joint Debtor(s):

Leanna J Hatfield Represented By Robin J Hoff

Trustee(s):

Arturo Cisneros (TR) Represented By

Misty A Perry Isaacson

11:00 AM

6:14-12495


Ramon Rivero and Bertha L Rivero


Chapter 7


#7.00


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

[Todd Frealy, chapter 7 trustee] [Fees; $2007.63; Expenses; $229.60]


[AkinMears, L.L.P. special counsel for trustee] [Fees; $10,168.52]


[Flint Law Firm, LLC special counsel for trustee] [Fees; $18884.39; $929.55]


[Wagstaff & Cartmell, LLP, special counsel for trustee] [Fees; $5126.98; Expenses; $472.85]


Docket 39


Tentative Ruling:

Tentative for 5/4/21 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 Zoom for Government, a free service that provides audioconference capabilities, using the following information.

11:00 AM

CONT...


Ramon Rivero and Bertha L Rivero


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 846 6566

Password: 904858


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ramon Rivero Represented By Michael Smith Sundee M Teeple

Joint Debtor(s):

Bertha L Rivero Represented By Michael Smith Sundee M Teeple

Trustee(s):

Todd A. Frealy (TR) Pro Se

1:30 PM

6:19-17085


O'Linn Security Incorporated


Chapter 11


#8.00


CONT Post-Confirmation Status Conference EH            


From: 9/22/20,2/16/21


Docket 0


Tentative Ruling:

Tentative for 5/4/21:


This matter is CONTINUED to October 19, 2021, at 1:30 p.m. A post- confirmation status report is due not later than 14 days in advance of the continued hearing.


Appearances for the 5/4 hearing are excused.


****************************************************************************** Tentative for 2/16/21 is to CONTINUE to May 4, 2021, at 1:30 p.m. A post- confirmation status report is due not later than 14 days in advance of the continued hearing.


The post-confirmation status report required to be filed by not later than 14 days in advance of the 2/16 hearing was late filed on 2/4/21 [Dk. 407] (two days after the deadline). The Court will excuse the non-compliance in this instance, but notes that future failure to timely file a post-confirmation status report may result in dismissal or conversion, in accordance with LBR

3020-1(c).


Appearances for the 2/16 hearing are excused.


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

1:30 PM

CONT...


O'Linn Security Incorporated


Chapter 11

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.

Party Information

Debtor(s):

O'Linn Security Incorporated Represented By Steven R Fox

W. Sloan Youkstetter Everett L Green

1:30 PM

6:20-10700


Javier A Garcia Hernandez


Chapter 7

Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.


#9.00


CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay


From: 11/4/20,12/16/20, 2/17/20, 3/2/21 EH             

Docket 1


Tentative Ruling:

Tentative for 5/4/21:


This status conference is CONTINUED to June 21, 2021. The parties are instructed to file a revised status report which complies with the applicable rules, set forth below.


LBR 7016-1(a)(2) requires that a status report be filed at least 14 days before the date set for the status conference using a mandatory court form (which is accessible on the external court website). Having reviewed the status report filed 4/27/21 [Dk. 27], the Court notes that it is not timely filed, as it was filed only 7 days prior the hearing date, is not provided utilizing the mandatory form, and is unhelpful to the Court as it does not provide the requisite information provided for in the mandatory court form.


Pursuant to LBR 7016-1(f), future non-compliance may result in monetary or non-monetary sanctions, including dismissal of the complaint.


Appearances for the 5/4 hearing are excused.

Party Information

Debtor(s):

Javier A Garcia Hernandez Represented By

1:30 PM

CONT...


Javier A Garcia Hernandez


George C Panagiotou


Chapter 7

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

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Adv#: 6:21-01022 Frealy v. US Metro Bank


#10.00


STATUS CONFERENCE re: Complaint by Todd A. Frealy against US Metro Bank For: (A) Avoidance And Recovery Of Voidable And Fraudulent Transfers;

  1. Objection To And Disallowance Of Claim; And (C) Accounting EH            

    Docket 1


    Tentative Ruling:

    Tentative for 5/4/21:


    This status conference is CONTINUED to August 17, 2021, at 1:30 p.m., pursuant to the representations regarding settlement contained in the status report filed 4/20/21 [Dk. 6]. If this matter is not otherwise resolved and taken off calendar, a status report is due 14 days in advance of the continued hearing.


    Appearances for the 5/4 hearing are excused.

    Party Information

    Debtor(s):

    Ben Clymer's The Body Shop Perris Represented By

    Robert M Yaspan

    Defendant(s):

    US Metro Bank Pro Se

    Plaintiff(s):

    Todd A. Frealy Represented By Monica Y Kim

    Trustee(s):

    Todd A. Frealy (TR) Represented By

    1:30 PM

    CONT...


    Ben Clymer's The Body Shop Perris Inc.

    Monica Y Kim


    Chapter 11

    Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

    David B Golubchik Todd A Frealy

    1:30 PM

    6:20-16717


    Wendy Valladares


    Chapter 7

    Adv#: 6:20-01205 Anderson (TR) v. Valladares et al


    #11.00


    CONT. STATUS CONFERENCE re: Complaint by Karl T. Anderson (TR) against Jesse Valladares, Jimmie Alfredo Cardona, Christopher Alexander Cardona for Avoidance of Intentional and Constructive Fraudulent Transfers and Turnover


    From: 3/9/21 EH            

    Docket 1


    Tentative Ruling:

    Tentative for 5/4/21:


    This status conference is CONTINUED to August 31, 2021, at 1:30 p.m., pursuant to the representations regarding settlement contained in the status report filed 4/19/21 [Dk. 16]. If this matter is not otherwise resolved and taken off calendar, a status report is due 14 days in advance of the continued hearing.


    Appearances for the 5/4 hearing are excused.


    ****************************************************************************** Tentative for 3/9/21 is to CONTINUE to May 4, 2021, at 1:30 p.m. A status report, whether unilateral or joint, is due 14 days in advance.


    Appearances for the 3/9 hearing are excused.

    Party Information

    Debtor(s):

    Wendy Valladares Represented By

    Richard L. Sturdevant

    1:30 PM

    CONT...


    Wendy Valladares


    Chapter 7

    Defendant(s):

    Jesse Valladares Pro Se

    Jimmie Alfredo Cardona Pro Se

    Christopher Alexander Cardona Pro Se

    Plaintiff(s):

    Karl T. Anderson (TR) Represented By Richard A Marshack Tinho Mang Claudia Coleman

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    1:30 PM

    6:20-17530


    Ruby Ramirez


    Chapter 7

    Adv#: 6:21-01024 Edessa, Inc., a California corporation v. Ramirez


    #12.00


    STATUS CONFERENCE re: Complaint by Edessa, Inc., a California corporation against Ruby Ramirez


    EH            


    Docket 1


    Tentative Ruling:

    Tentative for 5/4/21:


    Virtual appearances are required.


    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 February 19, 2021 [Dk. 3].


    Accordingly, the Court is inclined to sanction the parties in the amount of

    $100.00 each for failure to file a status report, set a continued status conference date of June 29, 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 June 29, 2021. Any opposition to the order to show cause must be filed by June 8, 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.

    1:30 PM

    CONT...


    Ruby Ramirez


    Chapter 7


    Videoconference URL: https://cacb.zoomgov.com/j/1607158945 Meeting ID: 160 715 8945

    Password: 483235

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 715 8945

    Password: 483235


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Ruby Ramirez Represented By Daniel King

    1:30 PM

    CONT...


    Ruby Ramirez


    Chapter 7

    Defendant(s):

    Ruby Ramirez Pro Se

    Plaintiff(s):

    Edessa, Inc., a California corporation Represented By

    Karel G Rocha

    Trustee(s):

    Larry D Simons (TR) Pro Se

    10:00 AM

    8:18-13311


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    Adv#: 8:21-01014 Marshack v. Cavanaugh et al


    #4.10


    CONT'D Hearing RE: Emergency Motion For Continuance Of Hearings On Plaintiff's Applications For Right To Attach Order And For Issuance Of Writ Of Attachment As To (1) Douglas Cavanaugh; And (2) Ralph Kosmides, And Extension Of The Related Deadlines

    (Motion filed 4/27/2021) FR: 4-29-2021

    Docket 57


    Tentative Ruling:

    Tentative for 5/4/21:


    Pursuant to the representations made at the 4/29 hearing, and considering that the underlying motion for writ of attachments has been scheduled to be heard on Judge Smith's calendar on 5/5, the motion to continue is DENIED as moot.


    Appearances for the 5/4 hearing are excused. Plaintiff is to lodge an order within 7 days.

    **************************************************************************** Tentative for 4/29/21:


    Virtual appearances are required.

    Party Information

    Debtor(s):

    Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

    10:00 AM

    CONT...


    Ruby's Diner, Inc., a California corporation


    Chapter 7

    Defendant(s):

    Douglas Cavanaugh Represented By Leo A Bautista

    Aviram Edward Muhtar

    Ralph Kosmides Represented By Leo A Bautista

    Aviram Edward Muhtar Beachcomber Management Crystal Pro Se

    Lighthouse Cafe, LLC Pro Se Beachcomber at Crystal Cove, LLC Pro Se Shake Shack Crystal Cove, LLC Pro Se

    Movant(s):

    Douglas Cavanaugh Represented By Leo A Bautista

    Aviram Edward Muhtar

    Ralph Kosmides Represented By Leo A Bautista

    Aviram Edward Muhtar

    Plaintiff(s):

    Richard A. Marshack Represented By Christopher Dale Beatty

    Trustee(s):

    Richard A Marshack (TR) Represented By Laila Masud

    D Edward Hays Tinho Mang

    10:00 AM

    8:21-10760


    Christopher Thomas Avery and Heather Ann Avery


    Chapter 7


    #1.00


    Motion for relief from stay [Personal Property]


    Ford Motor Credit Company, LLC vs. DEBTORS (Motion filed 4/9/02021)


    [RE: 2018 Ford Ecosport - VIN No.: MAJ6P1UL6JC183538]


    Docket 9


    Tentative Ruling:

    Tentative for 5/5/21:


    Grant pursuant to § 362(d)(1) and § 362(d)(2) with 4001 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: 160 524 6045


    Password: 656311


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    10:00 AM

    CONT...

    Debtor(s):


    Christopher Thomas Avery and Heather Ann Avery


    Chapter 7

    Christopher Thomas Avery Represented By Heather J Canning

    Joint Debtor(s):

    Heather Ann Avery Represented By Heather J Canning

    Trustee(s):

    Jeffrey I Golden (TR) Pro Se

    10:00 AM

    8:18-10548


    Lenore LuAnn Albert-Sheridan


    Chapter 7

    Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


    #1.10


    Hearing RE: Debtor's Third Ex Parte Application For T.R.O. And Preliminary Injunction, Filed May 3, 2021

    (Set per Order Entered 5/3/21)


    Docket 86


    Tentative Ruling:

    Tentative for 5/5/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1605246045 Meeting ID: 160 524 6045

    Password: 656311


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 160 524 6045

    10:00 AM

    CONT...


    Lenore LuAnn Albert-Sheridan


    Chapter 7


    Password: 656311


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Lenore LuAnn Albert-Sheridan Pro Se

    Defendant(s):

    Maricruz Farfan Represented By Suzanne C Grandt James J Chang

    Brandon Tady Represented By Suzanne C Grandt James J Chang

    Alex Hackert Represented By

    Suzanne C Grandt James J Chang

    Paul Bernardino Represented By Suzanne C Grandt James J Chang

    Yvette Roland Hon. Represented By

    10:00 AM

    CONT...


    Lenore LuAnn Albert-Sheridan


    Suzanne C Grandt James J Chang


    Chapter 7

    State Bar Of California Represented By Suzanne C Grandt James J Chang

    Timothy Byer, Esq Represented By James J Chang Suzanne C Grandt

    Nira Woods Pro Se

    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

    11:00 AM

    8:17-13506


    John Richard Garcia


    Chapter 7


    #2.00


    Hearing RE: Chapter 7 Trustee's Motion For Order Approving Procedures For Overbids And Right Of First Refusal

    (Motion filed 4/13/2021)


    Docket 49


    Tentative Ruling:

    Tentative for 5/5/21 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: 160 314 4163


    Password: 593981


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


    Party Information

    Debtor(s):

    John Richard Garcia Represented By Raymond J Bulaon

    11:00 AM

    CONT...

    Trustee(s):


    John Richard Garcia


    Chapter 7

    Weneta M.A. Kosmala (TR) Represented By Reem J Bello Jeffrey I Golden Erin P Moriarty

    11:00 AM

    8:18-10516


    Automotive Funding Group, Inc.


    Chapter 7


    #3.00


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

    (Final Report filed 3/26/2021)


    [RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $56,498.41; Expenses: $872.50]


    [RE: RINGSTAD & SANDERS LLP - Attorneys For Chapter 7 Trustee] [Fees: $232,306.00; Expenses: $1,604.58]


    [RE: HAHN FIFE & COMPANY - Accountants For Chapter 7 Trustee] [Fees: $12,109.00; Expenses: $613.30]


    Docket 102


    Tentative Ruling:

    Tentative for 5/5/21 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: 160 314 4163


    Password: 593981

    11:00 AM

    CONT...


    Automotive Funding Group, Inc.


    Chapter 7


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    Debtor(s):

    Automotive Funding Group, Inc. Represented By

    Richard H Golubow

    Trustee(s):

    Karen S Naylor (TR) Represented By Nanette D Sanders

    11:00 AM

    8:19-14348


    Alisandro Romero


    Chapter 7


    #4.00


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

    (Trustee's Report filed 3/29/2021)


    [RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $4,758.24; Expenses: $289.75]


    [RE: RINGSTAD & SANDERS LLP - Attorneys For Chapter 7 Trustee] [Fees: $9,840.00; Expenses: $244.85]


    [RE: HAHN FIFE & COMPANY, LLP - Accountants For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]


    Docket 73


    Tentative Ruling:

    Tentative for 5/5/21 is to APPROVE.


    The Court has received and reviewed the Opposition filed 4/22/21 [Dk. 77], and finds that it is not well-taken, as it provides insufficient and unsupported grounds to deny the Trustee's Final Report.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1603144163

    11:00 AM

    CONT...


    Alisandro Romero


    Chapter 7

    Meeting ID: 160 314 4163

    Password: 593981

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 314 4163

    Password: 593981


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Alisandro Romero Represented By Rex Tran Thomas J Polis

    Trustee(s):

    Karen S Naylor (TR) Represented By Nanette D Sanders

    11:00 AM

    CONT...


    Alisandro Romero


    Chapter 7

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #5.00


    CONT'D Hearing RE: Amended Motion For Order Disallowing Proof Of Claim: (Motion filed 5/15/2020)

    (Amended Motion filed 3/15/2021)

    (Case reassigned from CB on 7/31/2020)


    Claim No. 1 James Gubersky $90,000.00 FR: 7-2-20; 9-29-20; 1-20-21; 2-4-21; 2-18-21

    Docket 286


    Tentative Ruling:

    Tentative for 5/5/21:


    Parties should be prepared to discuss the impact of consolidating this claim objection with related adversary proceeding, Adv. No. 21-01010.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1603144163 Meeting ID: 160 314 4163

    Password: 593981


    If a participant is unable to send and receive audio through his/her computer,

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 314 4163

    Password: 593981


    For further details, please consult the 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 2/4/21:


    Virtual appearances are required.


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


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    11:00 AM

    CONT...


    Debtor(s):


    Mershad Javan


    Party Information


    Chapter 7

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #6.00


    CONT'D Hearing RE: Amended Motion For Order Disallowing Proof of Claim (Motion filed 5/14/2020)

    (Amended Motion filed 3/15/2021)

    (Case reassigned from CB on 7/31/2020)


    Claim No. 2 Steven Norris $2,375,000.00 FR: 1-20-21; 2-4-21; 2-18-21

    Docket 288


    Tentative Ruling:

    Tentative for 5/5/21:


    Parties should be prepared to discuss the impact of consolidating this claim objection with related adversary proceeding, Adv. No. 20-01085.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1603144163 Meeting ID: 160 314 4163

    Password: 593981


    If a participant is unable to send and receive audio through his/her computer,

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 314 4163

    Password: 593981


    For further details, please consult the 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 2/4/21:


    Virtual appearances are required.


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


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Mershad Javan


    Chapter 7

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #7.00


    Hearing RE: Amended Motion For Order Disallowing Proof of Claim: (Motion filed 5/12/20)

    (Amended Motion filed 3/15/2021)

    (Case reassigned from CB on 7/31/2020)


    Claim No. 3 Steve Norris $2,400,000.00 FR: 7/2/20; 7/29/20; 1-20-21


    Docket 16


    Tentative Ruling:

    Tentative for 5/5/21:


    Parties should be prepared to discuss the impact of consolidating this claim objection with related adversary proceeding, Adv. No. 20-01085.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1603144163 Meeting ID: 160 314 4163

    Password: 593981

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 314 4163

    Password: 593981


    For further details, please consult the 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 1/20/21:


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with the Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    11:00 AM

    CONT...

    Movant(s):


    Mershad Javan


    Chapter 7

    Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:21-01010 Gubersky v. Javan


    #7.10


    CONT'D Hearing RE: Motion To Dismiss Adversary Proceeding And "Complaint To Determine Dischargeability Of Debt 11 U.S.C. Sections 523(a)(6)"

    (Motion filed 3/19/2021)


    FR: advanced from 5-5-21 at 1:30 p.m.


    Docket 5


    Tentative Ruling:

    Tentative for 5/5/21 is to DENY.


    Plaintiff, a former employee of Defendant's business, seeks a determination of dischargeability of debt pursuant to §523(a)(6), alleging that Defendant engaged in willful and malicious conduct when he terminated Plaintiff from the business after Plaintiff raised questions about the legality of the operations of the business, and Defendant's involvement therein.


    Defendant has filed the present motion to dismiss arguing the following: (1) that Plaintiff may not plead a cause of action related to "whistleblower" claims against Defendant in his individual capacity, as such claims against individuals are prohibited under California law; (2) that Plaintiff has not alleged sufficient facts to establish a claim under FRCP 12(b); and (3) that the amended complaint is unintelligible and makes bad faith, false assertions of fact.


    To survive a FRCP 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). This standard requires the plaintiff to allege facts that add up to "more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Plaintiff must provide "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action." Id.

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    Under §523(a)(6), Plaintiff must allege facts supporting the following three elements: (1) Defendant's conduct was willful; (2) Defendant's conduct was malicious; and (3) Defendant caused injury. Carillo v. Su (In re Su), 290 F.3d 1140, 1143 (9th Cir. 2002).


    Despite Plaintiff's contention otherwise, the Court is not persuaded that California statutorily bars this Court from making a dischargeability determination to Defendant individually, simply based on the fact that Debtor's alleged wrongful conduct relates to the wrongful termination of an employee from Debtor's business. The Court finds the complaint fundamentally sufficient, as it provides plausible facts related to each required element of the

    §523(a)(6) claim.


    With respect to Defendant's argument that the complaint is unintelligible, while the Court acknowledges that the complaint may benefit from revision toward concision, and to eliminate grammar and syntax errors, the Court understands the allegations contained in the complaint.


    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/1603144163 Meeting ID: 160 314 4163

    Password: 593981

    If a participant is unable to send and receive audio through his/her computer,

    11:00 AM

    CONT...

    Mershad Javan

    Chapter 7

    or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 314 4163


    Password: 593981


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    Defendant(s):

    Mershad Javan Represented By Leslie A Cohen

    Plaintiff(s):

    James Gubersky Represented By David Brian Lally

    11:00 AM

    CONT...

    Trustee(s):


    Mershad Javan


    Chapter 7

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:21-01010 Gubersky v. Javan


    #7.20


    CONT'D STATUS CONFERENCE RE: Adversary Complaint To Determine Dischargeability Of Debt

    (Complaint filed 2/16/2021)


    FR: advanced from 5-5-21 at 1:30 p.m.


    Docket 1


    Tentative Ruling:

    Tentative for 5/5/21:


    Pursuant to the proposed tentative in related matter #7.1, the Court is inclined to set the following dates/deadlines:


    1. Deadline to file answer: June 4, 2021.


    2. Discovery cutoff: November 5, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    3. Motion cutoff: December 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


    4. Pretrial conference: February 2, 2022, 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 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

11:00 AM

CONT...


Mershad Javan


Chapter 7

not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1603144163 Meeting ID: 160 314 4163

Password: 593981

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 314 4163

Password: 593981


For further details, please consult the 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.

11:00 AM

CONT...


Debtor(s):


Mershad Javan


Party Information


Chapter 7

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Pro Se

Plaintiff(s):

James Gubersky Represented By David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11643


James A. Trent


Chapter 7


#8.00


CONT'D Hearing RE: Amended Chapter 7 Trustee's Motion For Turnover Of Property Of The Estate And Objection To Debtor's Claim Of Exemption (Amended motion filed 1/19/2021)


FR: 2-3-21; 3-3-21


Docket 108


Tentative Ruling:

Tentative for 5/5/21 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: 160 314 4163


Password: 593981


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

James A. Trent Represented By

11:00 AM

CONT...


Movant(s):


James A. Trent


Christine A Kingston


Chapter 7

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall

11:00 AM

8:20-11885


Todd Stuart Masler


Chapter 7


#9.00


Hearing RE: Sherri Siegel-Masler's Objections To Proof Of Claims: (Motion filed 3/31/2021)


Claim No.: 1

Capital One

$8,353.54

Claim No. 2

Bank Of America

$3,355.86

Claim No. 3

Wells Fargo

$8,517.69

Claim No. 4

Wells Fargo

$3,858.69

Claim No. 5

Wells Fargo

$10,509.80

Claim No. 6

Wells Fargo

Docket 72

$2,679.74

Tentative Ruling:



Tentative for 5/5/21:


This matter is CONTINUED to July 14, 2021, at 11:00 a.m., in light of the recently filed amendments to various proofs of claims at issue, and the late filed Joinder containing additional objections filed 4/29/21 [Dk. 88].


Creditor Alex Llorente is required to provide notice of the continued hearing in compliance with all applicable rules and procedures regarding claim objections and motion practice. A proof of service must be filed by not later than May 28, 2021.


Appearances for the 5/5 hearing are excused.

Party Information

Debtor(s):

Todd Stuart Masler Pro Se

11:00 AM

CONT...

Trustee(s):


Todd Stuart Masler


Chapter 7

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#10.00


Hearing RE: Motion For Entry Of Default Judgment Against Defendant Richmond Capital Group LLC Pursuant To Federal Rule Of Civil Procedure 55, As Incorporated By Federal Rule Of Bankruptcy Procedure 7055, And Local Bankruptcy Rule 7055-1

(Motion filed 2/24/2021)

(Set per Order Entered 3/30/2021)


Docket 53


Tentative Ruling:

Tentative for 5/5/21:


The Court has received and reviewed the Supplemental Brief And Status Report Re Motion For Default Judgment Against Defendant Richmond Capital Group And Motion To Excuse Compliance With March 30, 2021 Order filed by Plaintiff on 4/27/21 [Dk. 59] (the "Motion") and will GRANT the Motion.


The March 30, 2021 Order [Dk. 56] is modified as follows: Additional briefing in support of the motion for default judgment must be filed and served by no later than June 30, 2021. The hearing on the motion for default judgment is CONTINUED to July 14, 2021 at 11:00 a.m.


Plaintiff is to submit an order regarding the foregoing within 7 days.


With respect to Plaintiff’s request regarding the potential withdrawal of the motion for default judgment, pursuant to applicable local rules, Plaintiff may withdraw a unilaterally filed motion at any time.


Appearances for the 5/5 hearing are excused.

Party Information

1:30 PM

CONT...

Debtor(s):


Luminance Recovery Center, LLC


Chapter 7

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Richmond Capital Group Pro Se

Movant(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch

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 Robert S Marticello

1:30 PM

CONT...


Luminance Recovery Center, LLC


Chapter 7

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#10.10


CONT'D STATUS CONFERENCE Hearing RE:Complaint For: (1) Avoidance Of Preferential Transfers; (2) Recovery Of Property; (3) Preservation Of Avoided Transfers; (4) Disallowance Of Claims; (5) Turnover; (6) Predatory Lending;

  1. Equitable Subordination Of Claims; and (8) Declaratory Relief

    [Holding Date]

    (Complaint filed 3/20/19) (PTC set at S/C held 9/18/19)

    (S/C set at hrg. held 10/21/2020)

    (Con't from 10:00 am, per order entered 12/23/20)


    FR: 6-26-19; 8-7-19; 9-18-19; 5-13-20; 7-15-20; 9-30-20; 10-21-20; 1-20-21;

    4-28-21


    Docket 1


    Tentative Ruling:

    Tentative for 5/5/21:


    This matter is CONTINUED to July 14, 2021 at 11:00 a.m. to be heard concurrently with the motion on default judgment (see related tentative #10 above). A status report is due not later than 14 days in advance of the continued status conference.


    Appearances for the 5/5 hearing are excused.


    ****************************************************************************** Tentative for 4/28/21:


    This matter is CONTINUED to May 5, 2021, at 1:30 p.m. to be heard concurrently with the hearing on Plaintiff's motion for default judgment.


    The Court notes that a status report was not filed 14 days prior to the 4/28 hearing, despite the Court's instructions to do so (see prior tentative ruling

    1:30 PM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    below). Thus, Plaintiff has again failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. Plaintiff is required to file a supplemental status report not later than April 30, 2021, or be subject to monetary and non-monetary sanctions at the 5/5 hearing for his failure to comply.


    Appearances for the 4/28 hearing are excused.


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


    This matter is CONTINUED to April 28, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due 14 days in advance.


    Additionally, Plaintiff is required to file a motion for default judgment by not later than March 5, 2021.


    The Court notes that a status report was filed on 1/14/21 [Dks. 48 and 50], despite the Court's instructions to file a status report not later than 14 days before the 1/20 hearing. See order entered 12/23/20 [Dk. 46]. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    ***************************************************************************** Tentative for 9/30/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


    The Court previously continued this pre-trial conference from July 15, 2020 to September 30, 2020, directing Plaintiff to file any motion he deems appropriate, including a request for order to show cause why Defendant's answer should not be stricken, by no later than August 15, 2020. As of the

    1:30 PM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    posting of this tentative, the docket does not reflect any activity since the 7/15 hearing.


    Additionally, the Court notes that a pre-trial stipulation has not been filed pursuant to the requirements of LBR 7016-1.


    Virtual appearances are required.


    ********************************************************************************** Tentative for 7/15/20 is to CONTINUE to September 30, 2020 at 11:00 a.m.


    Plaintiff may file any motion he deems appropriate, including a request for order to show cause, by no later than August 15, 2020.


    Appearances for the 7/15 hearing are excused.


    ******************************************************************************* Tentative for 09/18/2019:


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


    1. Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: May 13, 2020 at 1:30 p.m.


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


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


Appearances required.

Party Information

1:30 PM

CONT...

Debtor(s):


Luminance Recovery Center, LLC


Chapter 7

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

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 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

1:30 PM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al


#11.00


Hearing RE: Application For Right To Attach Order And For Issuance Of Writ Of Attachment As To Douglas Cavanaugh

(Application filed 4/14/2021)


Docket 29

*** VACATED *** REASON: CONTINUED TO MAY 6, 2021 AT 10:00

A.M. IN COURTROOM 5A BEFORE HONORABLE ERITHE A. SMITH Tentative Ruling:

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Ralph Kosmides Represented By Leo A Bautista

Beachcomber Management Crystal Pro Se Lighthouse Cafe, LLC Pro Se Beachcomber at Crystal Cove, LLC Pro Se Shake Shack Crystal Cove, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

1:30 PM

CONT...

Trustee(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#13.00


Hearing RE: Motion To Dismiss (Motion filed 3/18/2021)


Docket 165


Tentative Ruling:

Tentative for 5/5/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600726001 Meeting ID: 160 072 6001

Password: 124867


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 072 6001

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Password: 124867


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

Filippo Marchino

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

1:30 PM

CONT...

Movant(s):


Eagan Avenatti, LLP


Chapter 7

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Filippo Marchino

Elba Hernandez, individually and as Represented By

Filippo Marchino

Plaintiff(s):

Richard A. Marshack Represented By John P. Reitman D Edward Hays Richard L Kellner

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 Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#14.00


CONT'D RULE 16 STATUS CONFERENCE Hearing RE: Second Amended Complaint For:

  1. Declaratory Judgment;

  2. Quantum Meruit;

  3. Violation Of The Automatic Stay, And Other Court Orders;

  4. Avoidance, Recovery, And Preservation Of Fraudulent Transfer (Complaint filed 5/19/2020)

    [Case transferred from CB on 7/31/2020]

    (Amended Complaint filed 10/26/2020)

    (Rule 16 Pre-Trial Conference set per Order Entered 2/18/2021) (Second Amended Complaint filed 2/25/2021)

    (S/C set at PTC held 4/15/2021)


    FR: 8-4-20; 9-3-20; 9-10-20; 10-7-20; 10-21-20; 10-21-20; 1-20-21; 4-7-21;

    4-15-21


    Docket 160


    Tentative Ruling:

    Tentative for 5/5/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1600726001

    1:30 PM

    CONT...


    Eagan Avenatti, LLP


    Chapter 7

    Meeting ID: 160 072 6001

    Password: 124867

    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 160 072 6001

    Password: 124867


    For further details, please consult the 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 4/15/21:


    Virtual appearances are required.

    Party Information

    Debtor(s):

    Eagan Avenatti, LLP Represented By Jack A. Reitman

    1:30 PM

    CONT...


    Eagan Avenatti, LLP


    Chapter 7

    Defendant(s):

    The X-Law Group, PC, a Represented By Kurt Ramlo

    Filippo Marchino

    Filippo Marchino Represented By Kurt Ramlo

    Filippo Marchino

    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 Richard L Kellner

    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 Tinho Mang

    1:30 PM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:21-01010 Gubersky v. Javan


    #15.00


    Hearing RE: Motion To Dismiss Adversary Proceeding And "Complaint To Determine Dischargeability Of Debt 11 U.S.C. Sections 523(a)(6)"

    (Motion filed 3/19/2021)


    Docket 5

    *** VACATED *** REASON: ADVANCED TO MAY 5, 2021 AT 11:00

    A.M. PER ORDER ADVANCING HEARINGS ON MOTION TO DISMISS AND STATUS CONFERENCE FROM 1:30 P.M. TO 11:00 A.M. ON MAY 5, 2021 ENTERED 4-28-2021 - (DOCKET NO. [11])

    Tentative Ruling:

Party Information

Debtor(s):

Jennyfer Sickler Represented By Julie J Villalobos

Trustee(s):

Thomas H Casey (TR) Pro Se

9:30 AM

8:21-10791


Sarai Villegas Ortizosorio


Chapter 7


#4.10 Hearing RE: Reaffirmation Agreement Between Debtor And Daniels Home Center [TA CASE]


[RE: FURNITURE - $799.12]


Docket 8


Tentative Ruling:

Tentative for 5/19/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1611050267 Meeting ID: 161 105 0267

Password: 102954


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 161 105 0267

9:30 AM

CONT...


Sarai Villegas Ortizosorio


Chapter 7


Password: 102954


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Sarai Villegas Ortizosorio Represented By Marlin Branstetter

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:21-10383


Eben Howard and Pamela Ann Howard


Chapter 7


#5.00


Motion for relief from stay [Personal Property]


Banleaco, Inc. vs. DEBTORS (Motion filed 4/15/2021)


[RE: Equipment - BTL Emsella With Control Unit, BTL Chair Applicator, And Emsella Marketing Package - Serial Number: 09900B002120]


Docket 30

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY 11

U.S.C. SECTION 362 (PERSONAL PROPERTY) - SETTLED BY STIPULATION - ENTERED 5-11-2021 - (DOCKET NO. [44])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eben Howard Represented By Halli B Heston

Joint Debtor(s):

Pamela Ann Howard Represented By Halli B Heston

Trustee(s):

Richard A Marshack (TR) Represented By Thomas J Polis

10:00 AM

8:21-10384


Howard Medical Corp.


Chapter 7


#6.00


Motion for relief from stay [Personal Property]


Banleaco, Inc. vs. DEBTOR (Motion filed 4/15/2021)


[RE: Equipment - BTL Emsella With Control Unit, BTL Chair Applicator, And Emsella Marketing Package - Serial Number: 09900B002120]


Docket 13

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY 11

U.S.C. SECTION 362 (PERSONAL PROPERTY) - SETTLED BY STIPULATION - ENTERED 5-11-2021 - (DOCKET NO. [24])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Howard Medical Corp. Represented By Halli B Heston

Movant(s):

Banleaco, Inc. Represented By Jeffrey D Goetz

Trustee(s):

Richard A Marshack (TR) Represented By Thomas J Polis

10:00 AM

8:21-10633


Katelyn Tram Anh Nguyen


Chapter 7


#7.00


Motion for relief from stay [Personal Property]


JPMorgan Chase Bank, N.A. vs. DEBTOR (Motion filed 4/14/2021)


[RE: 2019 BMW 530E - VIN No. WBAJA9C50KB389451]


Docket 10


Tentative Ruling:

Tentative for 5/19/21:


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: 160 011 5736


Password: 552874


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Katelyn Tram Anh Nguyen

Party Information


Chapter 7

Katelyn Tram Anh Nguyen Represented By Rex Tran

Movant(s):

JPMorgan Chase Bank, N.A. Represented By Josephine E Salmon

Trustee(s):

Richard A Marshack (TR) Pro Se

10:00 AM

8:21-10760


Christopher Thomas Avery and Heather Ann Avery


Chapter 7


#8.00


Motion for relief from stay [Personal Property]


U.S. Bank National Association vs. DEBTORS (Motion filed 4/26/2021)


[RE: 2016 COACHMEN N 2016 COA - VIN No.: 5ZT2CWEC1G5109536]


Docket 12

*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED 5-18-2021 - (DOCKET NO. [20] )

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Thomas Avery Represented By Heather J Canning

Joint Debtor(s):

Heather Ann Avery Represented By Heather J Canning

Movant(s):

U.S. Bank National Association Represented By Robert P Zahradka

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:21-10827


Ihab Elzeini and Alaa Elzeini


Chapter 7


#9.00


Motion for relief from stay [Real Property]


Vanessa K. Le vs. DEBTORS (Motion filed 4/16/2021)


[RE: 117 East Wilson Avenue #3, Costa Mesa, CA 92627]


Docket 12


Tentative Ruling:

Revised Tentative for 5/19/21:


The Court is inclined to DENY the relief requested in the motion.


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 indicates that there is "cause" to grant the relief as the

Debtor has not provided proof of insurance to the Movant. However, Debtor has provided such proof of insurance pursuant to the supplement filed May 14, 2021 [Dk. . Further, while Movant seeks relief pursuant to §362(d)(2), In the Motion, Movant does not check any boxes indicating that grounds for such relief exist. Importantly, Movant contends that she is not adequately protected, however, Movant's declaration at ¶11.j reflects that Debtor's net equity is approximately $152,257.12, or 22% of the fair market value of the property. 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).


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

10:00 AM

CONT...


Ihab Elzeini and Alaa Elzeini


Chapter 7

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1600115736 Meeting ID: 160 011 5736

Password: 552874

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 011 5736

Password: 552874


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

10:00 AM

CONT...

Debtor(s):


Ihab Elzeini and Alaa Elzeini


Chapter 7

Ihab Elzeini Represented By

Brian J Soo-Hoo

Joint Debtor(s):

Alaa Elzeini Represented By

Brian J Soo-Hoo

Trustee(s):

Karen S Naylor (TR) Pro Se

10:00 AM

8:21-11000


Lauree, LLC


Chapter 7


#10.00


Motion for relief from stay [Unlawful Detainer]


Donna Kitts vs. DEBTOR (Motion filed 4/27/2021)


[RE: 25901 Commercentre Drive, Lake Forest, CA 92630]


Docket 7

*** VACATED *** REASON: OFF CLAENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, AND/OR PLAN ENTERED 5-10-2021 - (DOCKET NO. [9])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lauree, LLC Represented By

Joseph M Tosti

Movant(s):

Donna Kitts Represented By

Robert T Matsuishi

Trustee(s):

Thomas H Casey (TR) Pro Se

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#11.00


Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Abandonment Of Property Of The Estate (Debtor's Beneficial Interest In Irrevocable Trust) Pursuant To 11 U.S.C. Section 554(a) Or In The Alternative,

(2) Authorizing The Sale Of The Property At Auction (Motion filed 4/26/2021)


Docket 1084

*** VACATED *** REASON: CONTINUED TO JUNE 2, 2021 AT 10:00

A.M. PER ORDER GRANTING STIPULATION TO CONTINUE HEARING ON CHAPTER 7 TRUSTEE’S MOTION ENTERED 5-17-2021

- (DOCKET NO. [1093])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Movant(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 7


#12.00


Hearing RE: Motion Objecting To Proof Of Claim:


Claim No. 6-1 Jirair Kiladjian $(No amount listed) (Motion filed 4/15/2021)


Docket 214

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION TO DISALLOW CLAIM NO. 6-1 AND VACATING HEARING ENTERED 5-11-2021 (DOCKET NO. [243])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Trustee(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros Nathan F Smith

11:00 AM

8:19-14348


Alisandro Romero


Chapter 7


#13.00


Hearing RE: Motion To Convert Bankruptcy To Chapter 11 (Motion filed 4/22/2021)


Docket 78


Tentative Ruling:

Tentative for 5/19/21:


The Court is inclined to DENY the motion, for the reasons stated in the well- taken Opposition filed 5/5/21 [Dk. 82], and for Movant's failure to properly serve the motion in accordance with FRBP 2002(a)(1)(4), which requires service on all 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/1604172705 Meeting ID: 160 417 2705

Password: 619052


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Alisandro Romero


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 417 2705

Password: 619052


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran Thomas J Polis

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#13.10


CONT'D Hearing RE: Defendant Alisandro Romeros Motion In Limine RE:

Exclude Any And All Financial Information That Pre-Dates 2017 (Motion filed 4/22/2021)


FR: Advanced from 5-19-21 at 1:30 p.m.


Docket 57


Tentative Ruling:

Tentative for 5/19/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1604172705 Meeting ID: 160 417 2705

Password: 619052


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Alisandro Romero


Chapter 7


Meeting ID: 160 417 2705

Password: 619052


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran Thomas J Polis

Defendant(s):

Alisandro Romero Represented By Thomas J Polis

Movant(s):

Alisandro Romero Represented By Thomas J Polis

Plaintiff(s):

Michael Petersen Pro Se

11:00 AM

CONT...

Trustee(s):


Alisandro Romero


Chapter 7

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#14.00


Hearing RE: Omnibus 9019 Motion With Trustee RE: (1) Pacific Premier Bank, FKA Opus Bank; (2) Pillsbury Winthrop Shaw Pittman LLP; And (3) C&C Partnership

(Motion filed 4/28/2021)


Docket 1063


Tentative Ruling:

Tentative for 5/19/21:


This motion shall be GRANTED in part and CONTINUED in part.


As to the agreements by and between Trustee and Pacific Premier Bank, and Pillsbury Winthrop, respectively, the Motion is GRANTED.


As to the agreement by and between Trustee and C&C Partnership ("C&C Partnership Agreement"), the Court shall set a CONTINUED hearing on 6/16/21, at 11:00 a.m. Trustee shall file and serve a supplement to the motion and notice of continued hearing, which contains a clear explanation of any changes in the material terms of the C&C Partnership Agreement, by not later than 5/21/21.


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: 160 417 2705

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7


Password: 619052


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#14.10


CONT'D 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]


FR: 12-3-20; 1-6-21; 3-24-21; 4-14-21; 4-28-21


Docket 22


Tentative Ruling:

Tentative for 5/19/21:


This matter is CONTINUED to July 28, 2021, at 11:00 a.m., in light of the representations made in status report filed 5/10/21 [Dk. 99]. A status report shall be due 14 day in advance.


Appearances for the 5/19 hearing are excused.


****************************************************************************** Tentative for 4/28/21:


This matter is CONTINUED to May 19, 2021, at 11:00 a.m., to be heard concurrently with the anticipated Motion to Approve Settlement Agreement. A status report shall not be required.


Appearances for the 4/28 hearing are excused.


***************************************************************************** Tentative for 3/24/21 is to CONTINUE to April 14, 2021 at 11:00 a.m., to be heard in conjunction with the anticipated Motion to Approve Settlement Agreement, as requested in the Movant's Unilateral Status Report filed 3/11/21 [Dk. 74].

11:00 AM

CONT...


Yifeng Gao and Liping Wu


Chapter 7


Appearances for the 3/24 hearing are excused.


***************************************************************************** Tentative for 12/3/20:


Virtual appearances are required.

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Movant(s):

Jonathan Lam Represented By Brent D Meyer

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

11:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#14.20


CONT'D Hearing RE: Objection To Debtors' Claim Of Exemptions (Motion filed 11/20/2020)

(Set per Order Entered 11/20/2020) (Continued per Order Entered 12/28/2020)


FR: 1-6-21; 3-24-21; 4-14-21; 4-28-2021


Docket 29


Tentative Ruling:

Tentative for 5/19/21:


This matter is CONTINUED to July 28, 2021, at 11:00 a.m., in light of the representations made in status report filed 5/10/21 [Dk. 99]. A status report shall be due 14 day in advance.


Appearances for the 5/19 hearing are excused.


******************************************************************************* Tentative for 4/28/21:


This matter is CONTINUED to May 19, 2021, at 11:00 a.m., to be heard concurrently with the anticipated Motion to Approve Settlement Agreement. A status report shall not be required.


Appearances for the 4/28 hearing are excused.


***************************************************************************** Tentative for 3/24/21 is to CONTINUE to April 14, 2021 at 11:00 a.m., to be heard in conjunction with the anticipated Motion to Approve Settlement Agreement, as requested in the Movant's Unilateral Status Report filed 3/11/21 [Dk. 74].


Appearances for the 3/24 hearing are excused.

11:00 AM

CONT...


Yifeng Gao and Liping Wu


Chapter 7


****************************************************************************** Tentative for 1/6/21 is to CONTINUE to May 19, 2021 at 11:00 a.m. A status report is due 14 days in advance.

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01118 Marshack v. Discover Financial


#15.00


Hearing RE: Motion For Default Judgment Against Defendant Discover Financial

(Motion filed 4/21/2021)


Docket 15


Tentative Ruling:

Tentative for 5/19/21:


The Court has reviewed the Stipulation filed 5/4/21 [Dk. 18], whereby the parties jointly move the court for order to set aside the clerk's entry of default and take this matter off calendar, and shall APPROVE the stipulation.

Therefore, this matter will be taken off calendar. Appearances for the 5/19 hearing are excused.

Defendant is to lodge an order within 7 days.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Discover Financial Pro Se

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Movant(s):

Richard A Marshack Represented By

1:30 PM

CONT...


Ian G. Winterbotham


Larry D Simons


Chapter 7

Plaintiff(s):

Richard A Marshack Represented By Larry D Simons

Trustee(s):

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01118 Marshack v. Discover Financial


#15.10


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

[11 U.S.C. Sections 547, 550, 551 And 502(d)]

(Complaint filed 8/19/2020) FR: 11-4-20; 1-20-21; 4-28-21

Docket 1


Tentative Ruling:

Tentative for 5/19/21:


This matter is CONTINUED to August 4, 2021, at 11:00 a.m. A status report is due 14 days prior.


Appearances for the 5/19 hearing are excused.


**************************************************************************** Tentative for 4/28/21:


The Court notes that a status report was not filed 14 days prior to the 4/28 hearing, despite the Court's instructions to do so (see prior tentative below). The Plaintiff was also advised to file a motion for default judgment by 3/15/21, and has not done so. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. Additionally, the Court notes that there has been no activity on the docket since January 2021.


In light of the foregoing, the Court is inclined to set a continued hearing on December 1, 2021, at 11:00 a.m., and issue an order to show cause why this case should not be dismissed for failure to prosecute, to be heard concurrently with the continued status conference on December 1, 2021, at

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

11:00 a.m.


Virtual appearances are required.


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


This matter is CONTINUED to April 28, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due 14 days in advance.


Additionally, Plaintiff is required to file a motion for default judgment by not later than March 15, 2021.


The Court notes that a status report was filed on 1/15 [Dk. 12], despite the Court's instructions to file a status report not later than 14 days before the 1/20 hearing (see below tentative). Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


****************************************************************************** Tentative for 11/4/20 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report is due 14 days prior.


Appearances for the 11/4 hearing are excused.

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

1:30 PM

CONT...


Ian G. Winterbotham


Chapter 7

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

Trustee(s):

Richard A Marshack (TR) Represented By Larry D Simons

1:30 PM

8:18-14425


Wallace Raymond Steffen, Jr


Chapter 7

Adv#: 8:19-01107 Steffen v. Steffen, Jr.


#16.00


CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)


FR: 6-10-20; 7-1-20; 9-30-20; 11-4-20; 2-3-21


Docket 22


Tentative Ruling:

Tentative for 5/19/21:


This matter is CONTINUED to September 15, 2021, at 1:30 p.m. A joint status report, which details the status of the probate matter and pending appeals, is due 14 days prior to the continued hearing. An earlier hearing may be set upon written request.


Appearances for the 5/19 hearing are excused.


*************************************************************************** Tentative for 2/3/21:


This matter is CONTINUED to May 19, 2021, at 1:30 p.m. A joint status report, which details the status of the probate matter, is due 14 days prior to the continued hearing. An earlier hearing may be set upon written request.


The Court notes that a status report was late filed on 1/21/21 [Dk. 52] (13 days prior to the 2/3 hearing), despite the Court's instructions to file a status report not later than 14 days before the 2/3 hearing. See below tentative.

Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.

1:30 PM

CONT...


Wallace Raymond Steffen, Jr


Chapter 7

Appearances for the 2/3 hearing are excused.


****************************************************************************** Tentative for 11/4/20 is to CONTINUE to February 3, 2021, at 1:30 p.m. A joint status report, which details the status of the probate judgment, is due 14 days prior to the continued hearing.


Appearances for the 11/4 hearing are excused.


**************************************************************************** Tentative for 9/30/20 is to CONTINUE to November 4, 2020, at 11:00 a.m. A

joint status report, which details the status of the probate judgment, is due 14 days prior to the continued hearing. An earlier hearing may be set upon written request.


Appearances for the 9/30 hearing are excused.


Party Information

Debtor(s):

Wallace Raymond Steffen Jr Represented By Anerio V Altman

Defendant(s):

Wallace Raymond Steffen Jr. Represented By Anerio V Altman

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

1:30 PM

CONT...


Wallace Raymond Steffen, Jr


Misty A Perry Isaacson


Chapter 7

1:30 PM

8:18-14425


Wallace Raymond Steffen, Jr


Chapter 7

Adv#: 8:19-01107 Steffen v. Steffen, Jr.


#17.00


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

[11 U.S.C. Section 523(a)(4)]

(Complaint filed 6/4/19)


FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20; 6-10-20 at 10:00; 6-10-20; 7-1-20;

9-30-20; 11-4-20; 2-3-21


Docket 1


Tentative Ruling:

Tentative for 5/19/21:


This matter is CONTINUED to September 15, 2021, at 1:30 p.m. A joint status report, which details the status of the probate matter and pending appeals, is due 14 days prior to the continued hearing. An earlier hearing may be set upon written request.


Appearances for the 5/19 hearing are excused.


******************************************************************************* Tentative for 2/3/21:


This matter is CONTINUED to May 19, 2021, at 1:30 p.m., pursuant to the Court's tentative on related matter #15.


Appearances for the 2/3 hearing are excused.


***************************************************************************** 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.

1:30 PM

CONT...


Wallace Raymond Steffen, Jr


Chapter 7


***************************************************************************** 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.


Appearances for the 3/11 hearing are excused.


********************************************************************* Tentative for 09/12/19:


Having received and reviewed the latest Joint Status Report [Dk. 7], the Court notes that the report does not clearly provide the status of the State Probate Action. Therefore, appearances are required and the Parties should be prepared to provide a concise, oral status of the State Probate Action at the September 12, 2019 hearing. If continued, the Court is inclined to set the continued status conference for December 19, 2019 at 11:00 a.m.

Party Information

Debtor(s):

Wallace Raymond Steffen Jr Represented By Anerio V Altman

Defendant(s):

Wallace Raymond Steffen Jr. Represented By

1:30 PM

CONT...


Wallace Raymond Steffen, Jr


Anerio V Altman


Chapter 7

Plaintiff(s):

Linda Steffen Represented By Christopher J Langley

Trustee(s):

Richard A Marshack (TR) Represented By

Misty A Perry Isaacson

1:30 PM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01190 Murray v. Zahedi


#18.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)

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


FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21; 5-12-21


Docket 1

*** VACATED *** REASON: CONTINUED TO JULY 14, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION BETWEEN PLAINTIFF AND DEFENDANT TO CONTINUE PRETRIAL CONFERENCE ENTERED 4-30-2121 - (DOCKET NO. [46])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Patricia Murray Represented By Thomas J Eastmond Robert P Goe Charity J Manee

1:30 PM

CONT...

Trustee(s):


Charles S Zahedi


Chapter 7

Richard A Marshack (TR) Pro Se

1:30 PM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#19.00


Hearing RE: Defendant Alisandro Romeros Motion In Limine RE: Exclude Any And All Financial Information That Pre-Dates 2017

(Motion filed 4/22/2021)


Docket 57

*** VACATED *** REASON: ADVANCED TO MAY 19, 2021 AT 11:00

A.M. PER ORDER ADVANCING HEARING ON MOTION IN LIMINE ENTERED 5-12-2021 - (DOCKET NO. [60])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran Thomas J Polis

Defendant(s):

Alisandro Romero Represented By Thomas J Polis

Movant(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

1:30 PM

8:20-10238


Taylor Robinson Pollei


Chapter 7

Adv#: 8:20-01070 Crowley v. Pollei


#20.00


STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Sections 523(a)(2)(A) And 523(a)(6) (Complaint filed 5/1/2020)

(First Amended Complaint filed 7/15/2020) FR: 8-5-20


Docket 14

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING UNDER FEDERAL RULE OF BANKRUPTCY PROCEDURE 7041(a) ENTERED 5- 17-2021 - (DOCKET NO. [22])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Taylor Robinson Pollei Represented By Jeffrey B Smith

Defendant(s):

Taylor Robinson Pollei Represented By Jeffrey B Smith

Joint Debtor(s):

Amber Lee Pollei Represented By Jeffrey B Smith

Plaintiff(s):

Maureen E. Crowley Represented By Brett Ramsaur

1:30 PM

CONT...

Trustee(s):


Taylor Robinson Pollei


Chapter 7

Weneta M Kosmala (TR) Pro Se

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.


#21.00


Hearing RE: Plaintiff's Counsel, Marc C. Forsythe, Esq., And Defendant's Counsel, J. Scott Bovitz, Esq. Are Ordered To Appear And Show Cause Why They Should Not Be Sanctioned $500.00 Each For The Failure To Conduct A Rule 26(f) Meeting (The "OSC")

(OSC Entered 4/28/2021)


Docket 10

*** VACATED *** REASON: OFF CALENDAR PER ORDER VACATING ORDER ENTERED APRIL 28, 2021 DIRECTING COUNSEL TO APPEAR AND SHOW CAUSE WHY THEY SHOULD NOT BE SANCTIONED FOR FAILURE TO CONDUCT A RULE 26(F) MEETING ENTERED 5-13-2021 - (DOCKET NO. [18])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company


#22.00


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

  1. Breach Of Contract;

  2. Reformation For Unilateral Mistake;

  3. Reformation For Fraud;

  4. Unconscionability; and

  5. Breach Of Duty Of Good Faith And Fair Dealing (Complaint filed 6/16/2020)

(PTC set at S/C held 9/30/2020)

[8:20-ap-01104-SC (Lead) consolidated with 8:20-ap-01123-SC (Member)]


FR: 9-2-20; 9-30-20


Docket 1

*** VACATED *** REASON: CONTINUED TO NOVEMBER 17, 2021 AT 1:30 P.M. PER ORDER APPROVING REVISED STIPULATION REFERRING PARTIES TO MEDIATION BEFORE JUDGE MARTIN R. BARASH AND MODIFYING THE CURRENT SCHEDULING ORDER ENTERED 12-31-2020 - (DOCKET NO. [46])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

1:30 PM

CONT...


Luminance Recovery Center, LLC


Chapter 7

Plaintiff(s):

Richard A Marshack Represented By Christopher O Rivas

Trustee(s):

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01071 Marshack v. Vincent Builders, Inc.


#23.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended 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] (PTC set at S/C held 9-30-2020)

(First Amended Complaint filed 10/14/2020) FR: 7-21-20; 9-30-20

Docket 28

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 11-9-2020 - (DOCKET NO. [32])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Vincent Builders, Inc. Represented By Andrew Still Eric S Pezold

Plaintiff(s):

Richard A. Marshack Represented By Jack A. Reitman

1:30 PM

CONT...

Trustee(s):


Eagan Avenatti, LLP


Chapter 7

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey

1:30 PM

8:20-13137


Sherry Lee Jones


Chapter 7

Adv#: 8:21-01012 Jones v. Navient Corporation et al


#24.00


STATUS CONFERENCE Hearing RE: First Amended Complaint:

  1. To Determine The Dischargeability Of Student Loan Debt As Undue Hardship; And

  2. For Declaratory Judgment (Complaint filed 3/1/2021)

(First Amended Complaint filed 3/31/2021)

(Navient Corporation (ONLY) dismissed 4-12-2021 - docket no. [8])


Docket 5

*** VACATED *** REASON: CONTINUED TO JUNE 30, 2021 AT 1:30

P.M. PER ANOTHER SUMMONS ISSUED 4-13-2021 - (DOCKET NO. [10])

Tentative Ruling:

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Beachcomber Management Crystal Pro Se

Lighthouse Cafe, LLC Pro Se Beachcomber at Crystal Cove, LLC Pro Se Shake Shack Crystal Cove, LLC Pro Se

Movant(s):

Douglas Cavanaugh Represented By Leo A Bautista

1:30 PM

CONT...


Ruby's Diner, Inc., a California corporation

Aviram Edward Muhtar


Chapter 7

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.


#27.00


CONT'D Hearing RE: Defendant's Motion For Dismissal Of Complaint Under Federal Rule Of Bankruptcy Procedure 7012 And Federal Rule Of Civil Procedure 12(b)

(Motion filed 3/4/2021) FR: 4-28-21

Docket 4


Tentative Ruling:

Tentative for 5/19/21:


This matter shall be CONTINUED to June 16, 2021, at 11:00 a.m., to be heard concurrently with the anticipated motion to approve compromise, if the compromise motion is set for hearing instead of being noticed for approval without a hearing under applicable local rules.


If the matter remains pending as of the continued date, a status report is due 14 days in advance.


Appearances for the 5/19 hearing are excused.


***************************************************************************** Tentative for 4/28/21:


Chapter 7 Trustee seeks to avoid and recover alleged fraudulent transfers in the amount of $83,780, plus interest and attorneys fees. Trustee asserts that Debtor and Glen Oaks Escrow, Inc. ("Defendant") allegedly agreed that Debtor would transfer 10 escrow accounts (the "Transferred Escrows") to Defendant for 20% of the total escrow fees. However, Trustee alleges that after gaining possession of the Transferred Escrows, Debtor never received any payment (i.e., did not receive any reasonable value) from Defendant.

1:30 PM

CONT...


Homestead Escrow, Inc.


Chapter 7

Defendant has filed a motion to dismiss, arguing that Trustee has failed to state a valid claim pursuant to Rule 12(b), because, primarily, the requested relief would violate Cal. Fin. Code Section 17420, which prohibits the payment of "any person subject to this division.. to any other person any commission, fee, or other consideration as compensation for referring, soliciting, handling, or servicing escrow customers or accounts." Cal Fin Code

§ 17420 (emphasis added).


To the extent an agreement which violates applicable state law is alleged, Courts will not generally enforce the terms of the agreement. See generally Kashani v. Tsann Kuen China Enter. Co., 118 Cal. App. 4th 531, 540-41, 13 Cal. Rptr. 3d 174, 179 (2004). Further, the Court is unpersuaded by Plaintiff's argument that Code Section 17420 is inapplicable to the allegations contained in the complaint. Plaintiff's provided exhibits are irrelevant and do not refute the plain reading of the statute, which includes an express prohibition of compensation to other entities for the "handling, or servicing" of escrow customers or accounts.


Absent a detailed explanation from Plaintiff regarding why the requested relief is not a violation of the foregoing statute, the Court is inclined to GRANT the motion to dismiss.


Virtual appearances are required.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

Movant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

1:30 PM

CONT...


Homestead Escrow, Inc.


Chapter 7

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.


#28.00


CONT'D STATUS CONFERENCE Hearing regarding Complaint: (1) To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)

(B) And 550; (2) To Avoid And Recover Fraudulent Transfers Pursuant To 11

U.S.C. Sections 544(b) And 550, And California Civil Code Sections 3439.04(a)

  1. And 3439.05(a); And (3) To Preserve Transfers For The Benefit Of The Estate Pursuant To 11 U.S.C. Section 551

    (Complaint filed 2/2/2021) FR: 4-28-21

    Docket 1


    Tentative Ruling:

    Tentative for 5/19/21:


    This matter shall be CONTINUED to June 16, 2021, at 11:00 a.m., to be heard concurrently with the anticipated motion to approve compromise, if the compromise motion is set for hearing instead of being noticed for approval without a hearing under applicable local rules.


    If the matter remains pending as of the continued date, a status report is due 14 days in advance.


    Appearances for the 5/19 hearing are excused.


    ******************************************************************************* Tentative for 4/28/21:


    In the event that this matter is not otherwise taken off calendar, the Court is inclined to set the following dates/deadlines:


    1. Discovery cutoff: November 5, 2021. Note: this is the date by which all discovery motions must be heard and resolved.

      1:30 PM

      CONT...


      Homestead Escrow, Inc.


      Chapter 7


    2. Motion cutoff: December 3, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


    3. Pretrial conference: January 5, 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 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.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:21-10930


Simon's Wholesale Bakery, Inc.


Chapter 11


#29.00


Hearing RE: Motion For Order Approving Sale Of Estate Property Free And Clear Of Liens

(Set per OST Entered 5/13/2021)


Docket 26


Tentative Ruling:

Tentative for 5/19/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1606426610 Meeting ID: 160 642 6610

Password: 432641


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 642 6610

1:30 PM

CONT...


Simon's Wholesale Bakery, Inc.


Chapter 11


Password: 432641


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Simon's Wholesale Bakery, Inc. Represented By Michael Jones Sara Tidd

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11


#1.00


Hearing RE: Disclosure Statement Describing Chapter 11 Plan Of Liquidation Of TD Opportunity Fund, LLC

[Affects TD Opportunity Fund, LLC ONLY]

(D.S. filed 4/8/2021)


Docket 1472

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

11:00 AM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#2.00


Motion for relief from stay [Personal Property]


Toyota Lease Trust, As Serviced By Toyota Motor Credit Corporation d/b/a Toyota Financial Service vs. DEBTOR

(Motion filed 4/16/2021)


[RE: 2018 Lexus RX 350L Premium FWD - VIN No.: JTJGZKCA5J2000809]


Docket 118

Party Information

Debtor(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw

Arnold H. Wuhrman

11:00 AM

8:20-11339

Rockport Development, Inc.

Chapter 11

#3.00


Hearing RE: Confirmation Of Debtors' First Amended Liquidating Chapter 11 Plan Of Reorganization Dated February 25, 2021

(Motion filed 12/15/2020) (D.S. filed 12/15/2020)

(Chapter 11 Plan filed 12/15/2020) (Confirmation hearing set at D.S held 2/18/2021) (First Amended Chapter 11 Plan filed 2/25/2021)


FR: 2-18-21


Docket 447

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-11339

Rockport Development, Inc.

Chapter 11

#4.00


CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

(Petition filed 5/7/2020)


FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB); 7-16-20; 10-8-20;

12-17-20; 2-18-21


Docket 1

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:21-10759

Tupelo Wood LLC

Chapter 11

#5.00

STATUS CONFERENCE Hearing RE: (1) Case Management Conference And

(2) Requiring Status Report (Petition filed 3/24/2021)

Docket 5

Party Information

Debtor(s):

Tupelo Wood LLC Represented By Randolph L Neel

11:00 AM

8:20-12329

Christopher Alexander Todero

Chapter 11

#6.00


CONT'D Hearing RE: Confirmation Of First Amended Subchapter V Plan Of Reorganization

(Plan filed 11/17/2020)

(First Amended Plan filed 4/8/2021) FR: 1-21-21; 3-11-21

Docket 122


Debtor(s):

*** VACATED *** REASON: CONTINUED TO JUNE 3, 2021 AT 11:00

A.M. PER ORDER CONTINUING PLAN CONFIRMATION HEARING AND STATUS CONFERENCE AND SETTING FORTH REVISED BRIEFING SCHEDULE ENTERED 4-27-2021 - (DOCKET NO. [128])

Party Information

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se


Tuesday, May 25, 2021 Hearing Room 5C


10:00 AM

8:19-14970


Gerardo Emigdio Navarro Estrada


Chapter 7

Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada


#1.00


TRIAL 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)

(PTC set at S/C held 8/19/2020) (Trial set at PTC held 3/24/2021)


FR: 6-24-20; 8-19-20; 3/24/21


Docket 1

*** VACATED *** REASON: CONTINUED TO JUNE 8, 2021 AT 10:00

A.M. PER ORDER CONTINUING TRIAL ENTERED 4-1-2021 - (DOCKET NO. [17])

Party Information

Debtor(s):

Gerardo Emigdio Navarro Estrada Pro Se

Defendant(s):

Gerardo Emigdio Navarro Estrada Pro Se

Plaintiff(s):

Action Mobile Homes, Inc. Represented By Edward T Weber

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

6:21-11363


Javier Diaz Hernandez


Chapter 7


#1.00


Hrg. on approval of Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation in the amount of $14,695.34


Re: 2016 Nissan Crew Cab


Docket 9


Tentative Ruling:

Tentative for 6/1/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1607031264 Meeting ID: 160 703 1264

Password: 704334


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Javier Diaz Hernandez


Chapter 7

Meeting ID: 160 703 1264

Password: 704334


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Javier Diaz Hernandez Represented By Daniel King

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:21-12256


Narvell L Henry, Jr


Chapter 7


#1.10


Hrg. on Approval of Pro se Reaffirmation Agreement Between Debtor and SkyOne Federal Credit Union, re: $21933.79


Re: 2013 Lexus ES350


Docket 8


Tentative Ruling:

Tentative for 6/1/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1607031264 Meeting ID: 160 703 1264

Password: 704334


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may 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 1264

10:00 AM

CONT...


Narvell L Henry, Jr


Chapter 7


Password: 704334


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Narvell L Henry Jr Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:20-17328


Steven Craig Lee and Jana Lynn Lee


Chapter 7


#2.00


The Law Offices of Lindsey Hansen - movant attorney CONT. Motion for Relief from Stay

Also #3


Sherry Schadeck and Kathleen Greco vs. DEBTOR (Motion filed 2/8/20)

*Amended Motion filed 2/16/21) From: 4/27/21

Re: ACTION IN NON-BANKRUPTCY FORUM


Docket 17


Tentative Ruling:

Tentative for 6/1/21 is to DENY as moot.


The Court has reviewed the docket and notes that this motion filed 2/16/21 [Dk. 17] appears to have been superseded by the motion filed 5/4/21 [Dk. 21], which requests the same relief and is matter #3 on the 6/1 hearing 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/1607031264

10:00 AM

CONT...


Steven Craig Lee and Jana Lynn Lee


Chapter 7


Meeting ID: 160 703 1264

Password: 704334

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may 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 1264

Password: 704334


For further details, please consult the 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 4/27/21 is to CONTINUE to June 1, 2021, at 10:00 a.m., to allow Movant to effectuate proper service on Debtors.


LBR 4001-1(1)(C)(i) requires that a movant serve a copy of the motion, notice of hearing, and all supporting documents in the time and manner prescribed by LBR 9013-1(d) upon the debtor and debtor's attorney. Proof of service filed

10:00 AM

CONT...


Steven Craig Lee and Jana Lynn Lee


Chapter 7

2/19/21 [Dk. 18] reflects that Movant personally served a copy of the motion to Debtors' attorney of record, but does not reflect that service was made to Debtors themselves.


Movant shall be required to be properly serve a notice of the continued hearing by not later than May 4, 2021. A proof of service reflecting the foregoing is due by not later than May 6, 2021.


Appearances for the 4/27 hearing are excused.

Party Information

Debtor(s):

Steven Craig Lee Represented By

Ethan Kiwhan Chin

Joint Debtor(s):

Jana Lynn Lee Represented By

Ethan Kiwhan Chin

Movant(s):

Sherry Schadeck Represented By Lindsey Hansen

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:20-17328


Steven Craig Lee and Jana Lynn Lee


Chapter 7


#3.00


Law Offices of Lindsey M. Hansen - movant/attorney Motion for Relief from Stay

Also #2


Sherry Schadeck and Kathleen Grego vs. DEBTOR (Motion filed 5/4/2021)


RE: Sherry Schadeck and Kathleen Greco vs. Steven Lee, et al; Docket no# 30-2019-00010792-CU-BC-CTL; Superior Court of CA, County of San Diego


EH        


Docket 21


Tentative Ruling:

Tentative for 6/1/21:


Virtual appearances are required.


In appropriate circumstances, Courts may grant stay relief under § 362(d)(1) to allow litigation in non-bankruptcy forums to continue. To obtain such relief from the automatic stay, the movant must first establish a prima facie case that "cause" for relief exists. Truebro, Inc. v. Plumberex Specialty Products, Inc. (In re Plumberex Specialty Products, Inc.), 311 B.R. 551, 557 & 559 (Bankr. C.D. Cal. 2004). If the movant fails to meet its initial burden to demonstrate cause, relief from the automatic stay should be denied. Id. at 557.


To meet the foregoing burden, Movant should be prepared to appear and demonstrate how their motion fully addresses the following non-exclusive factors at the hearing:

10:00 AM

CONT...


Steven Craig Lee and Jana Lynn Lee


Chapter 7

  1. Whether the relief will result in a partial or complete resolution of the issues;


  2. The lack of any connection with or interference with the bankruptcy court;


  3. Whether the foreign proceeding involves the debtor as a fiduciary;


  4. Whether a specialized tribunal has been established to hear the particular cause of action and whether that tribunal has the expertise to hear such cases;


  5. Whether the debtor's insurance carrier has assumed full financial responsibility for defending the litigation;


  6. Whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the goods or proceeds in question;


  7. Whether the litigation in another forum would prejudice the interests of other creditors, the creditors' committee and other interested parties;


  8. Whether the judgment claim arising from the foreign action is subject to equitable subordination under Section 510(c);


  9. Whether movant's success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f);


  10. The interests of judicial economy and the expeditious and economical determination of litigation for the parties;


  11. Whether the foreign proceedings have progress to the point where the parties are prepared for trial, and


  12. The impact of the stay on the parties and the "balance of hurt."


Id. at 559.

10:00 AM

CONT...


Steven Craig Lee and Jana Lynn Lee


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/1607031264 Meeting ID: 160 703 1264

Password: 704334

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may 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 1264

Password: 704334


For further details, please consult the 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

10:00 AM

CONT...


Steven Craig Lee and Jana Lynn Lee


Chapter 7

from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Steven Craig Lee Represented By

Ethan Kiwhan Chin

Joint Debtor(s):

Jana Lynn Lee Represented By

Ethan Kiwhan Chin

Movant(s):

Sherry Schadeck Represented By Lindsey Hansen

Kathleen Greco Represented By Lindsey Hansen

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-10860


Martha A. Leon


Chapter 7


#4.00


Law Offices of Vincent V. Frounjian - movant attorney Motion for Relief from Stay

American Honda Finance Corporation vs. DEBTOR, Steven M. Speier, chapter 7 trustee

(Motion filed 5/6/21)


Re: 2017 Honda Civic, VIN: 2HGF C1F3 1HH6 37447


Docket 9


Tentative Ruling:

Tentative for 6/1/21:


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 1264


Password: 704334


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Martha A. Leon


Chapter 7

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Martha A. Leon Represented By Todd L Turoci

Movant(s):

American Honda Finance Represented By Vincent V Frounjian

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:21-10952


David Flores and Karla Elizabeth Cruz


Chapter 7


#5.00


Marjorie Johnson - movant attorney Motion for Relief from Stay

BMW Bank of North America vs. DEBTORS (Motion filed 4/27/21)


Re: 2019 BMW X5 xDrive40i Sport Utility 4D EH            

Docket 17


Tentative Ruling:

Tentative for 6/1/21:


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 1264


Password: 704334

10:00 AM

CONT...


David Flores and Karla Elizabeth Cruz


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

David Flores Represented By

James P Doan

Joint Debtor(s):

Karla Elizabeth Cruz Represented By James P Doan

Movant(s):

BMW Bank of North America Represented By Marjorie M Johnson

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:19-21093


J.D. Logistics, Inc.


Chapter 7


#6.00


Tiffany & Bosco - movant attorney Motion for Relief from Stay

U.S. Bank National Association vs. DEBTOR (Motion filed 4/30/21)


Re: 2016 Porsche Panamera 4 S; Vin No. WP0AB2A70GL050430 EH            

Docket 52


Tentative Ruling:

Tentative for 6/1/21:


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 1264


Password: 704334

10:00 AM

CONT...


J.D. Logistics, Inc.


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

J.D. Logistics, Inc. Represented By

Bryant C MacDonald

Movant(s):

U.S. Bank National Association Represented By Robert P Zahradka

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-14050


Raul A Morales


Chapter 7


#7.00


Motion filed 5/7/21 for Joint Administration of In re Maria Morales, Case No. 6:21-bk-12041-SY


EH            


Docket 56


Tentative Ruling:

Tentative for 6/1/21 is to GRANT.


This matter relates to joint administration of two bankruptcy cases: (1) Raul Morales, Case No. 20-14050-SC, and (2) Maria Morales, Case No. 21-12041.


Maria Morales is the separated spouse of debtor Raul Morales and a debtor in her own separately filed chapter 7 case. Raul filed his Chapter 7 petition on 6/11/20, utilizing the services of a bankruptcy petition preparer. It appears that multiple assets and liabilities listed in Raul's schedules were improperly characterized as separate property, as opposed to community property.

Notably, the real property located in Temecula, CA, was listed as separate property, despite Maria being Raul's spouse and co-owner of the property.


Raul claimed a homestead exemption of $100,000 in the real property. Maria filed an objection to Raul's claimed exemption, arguing that because she was a co-owner of the property and an injured veteran, Raul should have claimed a larger homestead amount. The Trustee filed an opposition, and the Court overruled the objection because, at the time Maria was a non-filing spouse and did not have standing to object to the exemption claimed by Raul.


Shortly thereafter, the Trustee initiated a turnover action against Maria. Maria filed her own Chapter 7 petition on 4/15/21, and filed a motion for joint administration of her case with Raul's pursuant to FRBP 1015(b). FRBP 1015(b) states that "if a joint petition or two or more petitions are pending in the same court by or against ... spouses, ... the court may order a joint administration of the estates."

11:00 AM

CONT...


Raul A Morales


Chapter 7


The Trustee has filed an opposition, arguing that because Maria's interests in undivided community property became property of Raul’s bankruptcy case upon his filing, there is nothing left to carry over into her estate, and, therefore, no cause exists to order joint administration. The Court finds this argument against administrative consolidation unpersuasive and inequitable, particularly where, as here, the first petition appears to be rife with errors, the parties are still married, and the majority of the assets and liabilities appear to be community property. The Trustee's position would also obviate the necessity for FRBP 1015(b), in the first instance.The remaining arguments are either procedural and irrelevant or stem from this issue.


Therefore, the Court is inclined to GRANT the motion for joint administration, as the joint administration of the cases will foster the Bankruptcy Code's objectives and provide a just, speedy, and an inexpensive determination of the liabilities of the estates.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1601016943 Meeting ID: 160 101 6943

Password: 916155

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...

Raul A Morales

Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 101 6943


Password: 916155


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Raul A Morales Pro Se

Trustee(s):

Charles W Daff (TR) Represented By

D Edward Hays Tinho Mang Chad V Haes

11:00 AM

6:21-12041


Maria Eugenia Morales


Chapter 7


#7.10


Marshack Hays LP - movant attorney Motion for Relief from Stay

Charles W. Daff, chapter 7 trustee for the bankruptcy estate of Raul A. Morales, Cae No. 6:20-14050-SC


RE: 33178 Romance Place, Temecula, CA 92592 EH            

Docket 13


Tentative Ruling:

Tentative for 6/1/21:


In light of the Court's tentative on related matter #7, the Court is inclined to DENY this motion without prejudice.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1601016943 Meeting ID: 160 101 6943

Password: 916155

11:00 AM

CONT...


Maria Eugenia Morales


Chapter 7


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 101 6943

Password: 916155


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Maria Eugenia Morales Represented By Scott Talkov

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:12-28006


City of San Bernardino, California


Chapter 9


#8.00


Motion of City of San Bernardino for an Eighth Order Extending the Deadline to File Motions to Make Additions to the Schedule of Contracts and Leases to Be Assumed


EH            


Docket 2974


Tentative Ruling:

Tentative for 6/1/21 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: 161 158 2053


Password: 214898


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

City of San Bernardino, California Represented By

1:30 PM

CONT...


City of San Bernardino, California


Paul R. Glassman Fred Neufeld Laura L Buchanan


Chapter 9

1:30 PM

6:12-28006


City of San Bernardino, California


Chapter 9


#8.10


Motion of City of San Bernardino for An Eighth Order Extending the Deadlines to: (I) File and Serve Objections to Claims; and (II) Provide ADR Notices to Claimants


EH     


Docket 2972


Tentative Ruling:

Tentative for 6/1/21 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: 161 158 2053


Password: 214898


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

City of San Bernardino, California Represented By

1:30 PM

CONT...


City of San Bernardino, California


Paul R. Glassman Fred Neufeld Laura L Buchanan


Chapter 9

1:30 PM

6:19-10665


Flowmedia Solutions


Chapter 7

Adv#: 6:21-01013 PRINGLE v. Williams et al


#9.00


CONT. STATUS CONFERENCE re: Complaint by John Pringle against Jamie Williams, Cristina Williams, Melt Industries LLC, BARCLAYS BANK DELAWARE, Barclays US, CHASE BANK USA, N.A., Citibank. for Avoidance of Fraudulent and Preferential Transfers, Recovery, and Disallowance of Claims


From: 4/6/21,4/27/21 EH            

Docket 1


Tentative Ruling:

Tentative for 6/1/21:


In light of the representations contained in the Status Report filed 5/18/21 [Dk. 41] indicating that settlement efforts are ongoing, this matter is CONTINUED to September 28, 2021, at 11:00 a.m. A joint status report, which contains proposed dates/deadlines as well as details regarding the status of ongoing settlement discussions, shall be required 14 days in advance.


Appearances for the 6/1 hearing are excused.


**************************************************************************** Tentative for 4/27/21:


This matter is CONTINUED to June 1, 2021, at 1:30 p.m. A status report, which contains proposed dates/deadlines, shall be required 14 days in advance.


Appearances for the 4/27 hearing are excused.


Party Information

1:30 PM

CONT...

Debtor(s):


Flowmedia Solutions


Chapter 7

Flowmedia Solutions Represented By

Robert B Rosenstein

Defendant(s):

Jamie Williams Pro Se

Cristina Williams Pro Se

Melt Industries LLC Pro Se BARCLAYS BANK DELAWARE Represented By

John C Gray

Barclays US Represented By

John C Gray

CHASE BANK USA, N.A. Pro Se

Citibank Represented By

Michael Baker

Plaintiff(s):

JOHN PRINGLE Represented By Charity J Manee Robert P Goe

Trustee(s):

John P Pringle (TR) Represented By Charity J Manee Robert P Goe

1:30 PM

6:19-13381


Banner Mattress, Inc.


Chapter 7

Adv#: 6:21-01006 Bui v. Color Ad, Inc., a California Corporation


#10.00


CONT. STATUS CONFERENCE re: Complaint by Lynda T. Bui against Color Ad, Inc., a California Corporation For: 1) Avoidance of Preferential Transfers and Recovery of Same [11 U.S.C. §§ 547, 550] 2) Preservation of Avoided Transfers [11 U.S.C. § 551]; and Disallowance of Claims [11 U.S.C. § 502(d)]


From: 4/6/21 EH     

Docket 1


Tentative Ruling:

Tentative for 6/1/21:


This matter is CONTINUED to September 14, 2021, at 11:00 a.m. A status report, which contains proposed dates/deadlines, shall be required 14 days in advance.


Appearances for the 6/1 hearing are excused.

Party Information

Debtor(s):

Banner Mattress, Inc. Represented By Daniel J Weintraub James R Selth

Crystle Jane Lindsey

Defendant(s):

Color Ad, Inc., a California Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

1:30 PM

CONT...

Trustee(s):


Banner Mattress, Inc.


Chapter 7

Lynda T. Bui (TR) Represented By James C Bastian Jr Rika Kido

1:30 PM

6:19-18454


Gregory Allen Paiva


Chapter 7

Adv#: 6:19-01176 Sekermestrovich v. Paiva


#11.00


CONT PRE-TRIAL CONFERENCE re: Complaint by Dennis Sekermestrovich against Gregory Allen Paiva - §§523(a)(2), 523(a)(6)


From: 3/2/20 EH            


Docket 1

*** VACATED *** REASON: CONTINUED TO 8/31/21 BY ORDER ENTERED 3/9/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gregory Allen Paiva Represented By Christian J Albut

Defendant(s):

Gregory Allen Paiva Pro Se

Plaintiff(s):

Dennis Sekermestrovich Represented By John A Boyd

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:19-19296


John Paul Salvador


Chapter 7

Adv#: 6:20-01010 Salvador v. United States Department of Justice et al


#12.00


CONT STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


(Dismissed as to The Internal Revenue Service, U.S. Department of Justice, and United States Attorney,

Central District of California)


From: 08/05/20,107/20,12/2/20,2/2/21


Docket 1


Tentative Ruling:

Tentative for 6/1/21:


This matter is CONTINUED to August 31, 2021, at 11:00 a.m. A status report, which provides detail regarding the status of Plaintiff's obligation to provide Defendant with tax documents, shall be required 14 days in advance.


Appearances for the 6/1 hearing are excused.


Party Information

Debtor(s):

John Paul Salvador Pro Se

Defendant(s):

United States Department of Justice Represented By

John D Ellis

Internal Revenue Service Represented By

1:30 PM

CONT...


John Paul Salvador


John D Ellis


Chapter 7

United States Attorney Central Represented By John D Ellis

Plaintiff(s):

John Paul Salvador Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#13.00


CONT Hrg. on Chapter 11 Status Conference EH            

From: 9/29/20, 10/20/20,12/15/20,1/5/21,2/16/21, 4/6/21


Docket 7


Tentative Ruling:

Tentative for 6/1/21:


This matter is CONTINUED to July 13, 2021, at 1:30 p.m., to be heard concurrently with the hearing on the approval of Debtor's Second Amended Disclosure Statement. A status report shall be required 14 days in advance.


Appearances for the 6/1 hearing are excused.


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

Tentative for 4/6/21 is to set a continued status conference on July 13, 2021, at 1:30 p.m. A status report shall be due at least 14 days in advance.


Virtual appearances are required.


****************************************************************************** Tentative for 2/16/21 is to set a continued status conference on April 6, 2021, at 1:30 p.m. A status report shall be due at least 14 days in advance.


Virtual appearances are required.


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

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.

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#14.00


Hrg. on Order to Show Cause why case should not be dismissed or converted EH            

Docket 218


Tentative Ruling:

Tentative for 6/1/21:


This matter is CONTINUED to July 13, 2021, at 1:30 p.m., to be heard concurrently with the hearing on the approval of Debtor's Second Amended Disclosure Statement.


Appearances for the 6/1 hearing are excused.

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-14307


Pimlico Ranch, LLC


Chapter 11


#15.00


CONT. Hrg. on Chapter 11 Status Conference From: 8/18/20,1/19/21, 3/2/21

EH            


Docket 7

*** VACATED *** REASON: CONSOLIDATED WITH CASE 6:20-14798

-SC

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pimlico Ranch, LLC Represented By Robert M Yaspan

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#16.00


Hrg. on Application for Compensation for First and Final for Caroline Renee Djang (TR), Trustee, Period: 6/29/2020 to 3/18/2021, Fees: $5373.00, Expenses: $1.00. (Djang (TR),


EH            


Docket 94


Tentative Ruling:

Tentative for 6/1/21 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: 161 158 2053


Password: 214898


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Camp Croteau, Inc. Represented By

1:30 PM

CONT...


Trustee(s):


Camp Croteau, Inc.


Todd L Turoci


Chapter 11

Caroline Renee Djang (TR) Pro Se

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#17.00


CONT Hrg. on chapter 11 status conference EH            

From: 9/1/20, 10/6/20,1/19/21, 3/2/21


Docket 11


Tentative Ruling:

Tentative for 6/1/21:


This matter is CONTINUED to October 19, 2021, at 11:00 a.m. A status report shall be required 14 days in advance.


Appearances for the 6/1 hearing are excused.


****************************************************************************** Tentative for 3/2/21:


Virtual appearances are required.


The Court is inclined to set a CONTINUED status conference date of June 1, 2021, at 1:30 p.m. A status report is due 14 days in advance.


******************************************************************************* Tentative for 1/19/21 is to set a CONTINUED status conference date of March 2, 2021, at 1:30 p.m. A status report is due 14 days in advance.


Virtual appearances are required.


*************************************************************************** Revised Tentative for 10/6/20:


After further review of the docket, the Court will conduct this status

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

conference.


Virtual appearances are required.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy

10:00 AM

8:19-13369


Hussein Salah Suheimat and Lucy Emmanuel Shirajian


Chapter 7


#1.00


Motion for relief from stay [Personal Property]


Toyota Lease Trust, As Serviced By Toyota Motor Credit Corporation d/b/a Lexus Financial Services vs. DEBTORS

(Motion filed 4/30/2021)


[RE: 2017 Lexus Rx 450h - VIN No.: 2T2BGMCA1HCA1HC010128]


Docket 145


Tentative Ruling:

Tentative for 6/2/21:


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: 161 928 2506


Password: 047104


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Hussein Salah Suheimat and Lucy Emmanuel Shirajian

Party Information


Chapter 7

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 Nathan F Smith

10:00 AM

8:21-10547


Benny Koriel


Chapter 7


#2.00


Motion for relief from stay [Personal Property]


Honda Lease Trust vs. DEBTOR; And Weneta M.A. Kosmala, Chapter 7 Trustee (Motion filed 5/6/2021)


[RE: 2018 Honda CR-V, VIN No.: 5J6R W1H5 6JA0 10338]


Docket 8


Tentative Ruling:

Tentative for 6/2/21:


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: 161 928 2506


Password: 047104


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Benny Koriel


Party Information


Chapter 7

Benny Koriel Represented By

Daniel King

Movant(s):

HONDA LEASE TRUST Represented By Vincent V Frounjian

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

10:00 AM

8:21-11031


Dmoyer Kierre Smith


Chapter 7


#3.00


Motion for relief from stay [Personal Property]


Exeter Finance, LLC vs. DEBTOR (Motion filed 5/3/2021)


[RE: 2016 Mercedes-Benz E350 - VIN No.: WDDHF5KB1GB239042]


Docket 9


Tentative Ruling:

Tentative for 6/2/21:


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: 161 928 2506


Password: 047104


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Dmoyer Kierre Smith


Party Information


Chapter 7

Dmoyer Kierre Smith Represented By

Rabin J Pournazarian

Movant(s):

Exeter Finance LLC Represented By Sheryl K Ith

Trustee(s):

Thomas H Casey (TR) Pro Se

10:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#3.10


CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Abandonment Of Property Of The Estate (Debtor's Beneficial Interest In Irrevocable Trust) Pursuant To 11 U.S.C. Section 554(a) Or In The Alternative,

  1. Authorizing The Sale Of The Property At Auction (Motion filed 4/26/2021)


    FR: 5-19-21


    Docket 1084

    *** VACATED *** REASON: CONTINUED TO JUNE 16, 2021 AT 11:00

    A.M. PER ORDER GRANTING STIPULATION TO CONTINUE HEARING ON CHAPTER 7 TRUSTEE'S MOTION ENTERED 5-27-2021 - (DOCKET NO. [1100])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Andrea Steinmann Downs Pro Se

    Movant(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #4.00


    CONT'D Hearing RE: Application By Chapter 7 Trustee Richard Marshack To Employ The Law Office Of David B. Lally As Special Litigation Counsel For Chapter 7 Trustee Nunc Pro Tunc

    (Set per Notice of Hearing filed 12/29/2020) FR: 1-20-21; 2-4-21; 2-18-21

    Docket 200


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.


    **************************************************************************** Tentative for 2/4/21:


    Virtual appearances are required.


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


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Mershad Javan


    Chapter 7

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #5.00


    CONT'D Hearing RE: Motion To Convert Chapter 7 Case To Subchapter V Chapter 11 Case

    (Motion filed 1/13/2021)


    FR: 2-4-21 at 10:00 a.m.; 2-4-21 at 9:30; 2-18-21


    Docket 238


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.


    **************************************************************************** Tentative for 2/4/21:


    Virtual appearances are required.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

    11:00 AM

    CONT...

    Trustee(s):


    Mershad Javan


    Chapter 7

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #6.00


    CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]


    Mersad Javan

    (Motion filed 1/20/2021)


    [RE: Case Name: Norris et al. v. Javan]

    [Docket Number: OCSC Case No.: [30-2019-01056190-CU-FR-CJC] [JAMS Case No.: 12000056326]

    [Pending In: JAMS]


    FR: 2-17-21; 2-18-21


    Docket 243


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.


    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Mershad Javan Represented By Leslie A Cohen Leslie A Cohen

    11:00 AM

    CONT...


    Trustee(s):


    Mershad Javan


    Leslie A Cohen Leslie A Cohen


    Chapter 7

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #7.00


    Hearing RE: Order Directing Chapter 7 Trustee, Richard Marshack, And His Special Litigation Counsels, Leslie Cohen, Esq., And David Lally, Esq., To Appear And Show Cause Why Their Respective Orders Approving Employment Of Special Litigation Counsel Of Trustee Should Not Be Vacated

    (OSC Entered 5-5-2021)


    Docket 313


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #8.00


    CONT'D Hearing RE: Amended Motion For Order Disallowing Proof Of Claim: (Motion filed 5/15/2020)

    (Amended Motion filed 3/15/2021)

    (Case reassigned from CB on 7/31/2020)


    Claim No. 1 James Gubersky $90,000.00 FR: 7-2-20; 9-29-20; 1-20-21; 2-4-21; 2-18-21; 5-5-21

    Docket 286


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.


    ****************************************************************************** Tentative for 5/5/21:


    Parties should be prepared to discuss the impact of consolidating this claim objection with related adversary proceeding, Adv. No. 21-01010.


    Virtual appearances are required.


    **************************************************************************** Tentative for 2/4/21:


    Virtual appearances are required.


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

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    Tentative for 1/20/21:


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #9.00


    CONT'D Hearing RE: Amended Motion For Order Disallowing Proof of Claim (Motion filed 5/14/2020)

    (Amended Motion filed 3/15/2021)

    (Case reassigned from CB on 7/31/2020)


    Claim No. 2 Steven Norris $2,375,000.00 FR: 1-20-21; 2-4-21; 2-18-21; 5-5-21

    Docket 288


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.


    ****************************************************************************** Tentative for 5/5/21:


    Parties should be prepared to discuss the impact of consolidating this claim objection with related adversary proceeding, Adv. No. 20-01085.


    Virtual appearances are required.


    **************************************************************************** Tentative for 2/4/21:


    Virtual appearances are required.


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

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    Tentative for 1/20/21:


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with Debtor's Motion to Convert filed 1/13/21 [Dk. 238].


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7


    #10.00


    CONT'D Hearing RE: Amended Motion For Order Disallowing Proof of Claim: (Motion filed 5/12/20)

    (Amended Motion filed 3/15/2021)

    (Case reassigned from CB on 7/31/2020)


    Claim No. 3 Steve Norris $2,400,000.00 FR: 7/2/20; 7/29/20; 1-20-21; 5-5-21


    Docket 16


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.


    ****************************************************************************** Tentative for 5/5/21:


    Parties should be prepared to discuss the impact of consolidating this claim objection with related adversary proceeding, Adv. No. 20-01085.


    Virtual appearances are required.


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


    This matter is CONTINUED to February 4, 2021, at 9:30 a.m. to be heard concurrently with the Debtor's Motion to Convert filed 1/13/21 [Dk. 238].

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:21-01010 Gubersky v. Javan


    #11.00


    CONT'D Hearing RE: Motion To Dismiss Adversary Proceeding And "Complaint To Determine Dischargeability Of Debt 11 U.S.C. Sections 523(a)(6)"

    (Motion filed 3/19/2021)


    FR: advanced from 5-5-21 at 1:30 p.m.; 5-5-21


    Docket 5


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal in the main case and the expected impact on this proceeding, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.


    *************************************************************************** Tentative for 5/5/21 is to DENY.


    Plaintiff, a former employee of Defendant's business, seeks a determination of dischargeability of debt pursuant to §523(a)(6), alleging that Defendant engaged in willful and malicious conduct when he terminated Plaintiff from the business after Plaintiff raised questions about the legality of the operations of the business, and Defendant's involvement therein.


    Defendant has filed the present motion to dismiss arguing the following: (1) that Plaintiff may not plead a cause of action related to "whistleblower" claims against Defendant in his individual capacity, as such claims against individuals are prohibited under California law; (2) that Plaintiff has not alleged sufficient facts to establish a claim under FRCP 12(b); and (3) that the amended complaint is unintelligible and makes bad faith, false assertions of

    11:00 AM

    CONT...

    fact.


    Mershad Javan


    Chapter 7


    To survive a FRCP 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). This standard requires the plaintiff to allege facts that add up to "more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Plaintiff must provide "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action." Id.


    Under §523(a)(6), Plaintiff must allege facts supporting the following three elements: (1) Defendant's conduct was willful; (2) Defendant's conduct was malicious; and (3) Defendant caused injury. Carillo v. Su (In re Su), 290 F.3d 1140, 1143 (9th Cir. 2002).


    Despite Plaintiff's contention otherwise, the Court is not persuaded that California statutorily bars this Court from making a dischargeability determination to Defendant individually, simply based on the fact that Debtor's alleged wrongful conduct relates to the wrongful termination of an employee from Debtor's business. The Court finds the complaint fundamentally sufficient, as it provides plausible facts related to each required element of the

    §523(a)(6) claim.


    With respect to Defendant's argument that the complaint is unintelligible, while the Court acknowledges that the complaint may benefit from revision toward concision, and to eliminate grammar and syntax errors, the Court understands the allegations contained in the complaint.

    Therefore, the Court is inclined to DENY the motion to dismiss. Virtual appearances are required.

    Party Information

    Debtor(s):

    Mershad Javan Represented By Leslie A Cohen

    11:00 AM

    CONT...


    Mershad Javan


    Chapter 7

    Defendant(s):

    Mershad Javan Represented By Leslie A Cohen

    Movant(s):

    Mershad Javan Represented By Leslie A Cohen

    Plaintiff(s):

    James Gubersky Represented By David Brian Lally

    Trustee(s):

    Richard A Marshack (TR) Represented By

    D Edward Hays David Brian Lally Laila Masud

    11:00 AM

    8:20-11056


    Mershad Javan


    Chapter 7

    Adv#: 8:21-01010 Gubersky v. Javan


    #12.00


    CONT'D STATUS CONFERENCE RE: Adversary Complaint To Determine Dischargeability Of Debt

    (Complaint filed 2/16/2021)


    FR: advanced from 5-5-21 at 1:30 p.m.; 5-5-21


    Docket 1


    Tentative Ruling:

    Tentative for 6/2/21:


    This matter is CONTINUED to July 14, 2021, at 11:00 a.m. A status report, which details the status of the anticipated structured dismissal in the main case and the expected impact on this proceeding, is due not later than 14 days prior to the continued hearing.


    Appearances for the 6/2 hearing are excused.


    ***************************************************************************** Tentative for 5/5/21:


    Pursuant to the proposed tentative in related matter #7.1, the Court is inclined to set the following dates/deadlines:


    1. Deadline to file answer: June 4, 2021.


    2. Discovery cutoff: November 5, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    3. Motion cutoff: December 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


    4. Pretrial conference: February 2, 2022, at 11:00 a.m.

11:00 AM

CONT...


Mershad Javan


Chapter 7


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.

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

Plaintiff(s):

James Gubersky Represented By David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11643


James A. Trent


Chapter 7


#13.00


CONT'D Hearing RE: Amended Chapter 7 Trustee's Motion For Turnover Of Property Of The Estate And Objection To Debtor's Claim Of Exemption (Amended motion filed 1/19/2021)


FR: 2-3-21; 3-3-21; 5-5-21


Docket 108


Tentative Ruling:

Tentative for 6/2/21:


This matter is CONTINUED to July 28, 2021, at 11:00 a.m. pursuant to the representations in the unilateral status report filed 5/19/21 [Dk. 138] that settlement negotiations are ongoing. A status report shall be due not later than 14 days prior to the continued status conference.


Appearances for the 6/2 hearing are excused.


**************************************************************************** Tentative for 5/5/21 is to GRANT.


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


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

Party Information

Debtor(s):

James A. Trent Represented By Christine A Kingston

11:00 AM

CONT...

Movant(s):


James A. Trent


Chapter 7

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall Jeffrey I Golden

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall Jeffrey I Golden

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 7


#14.00


Hearing RE: First And Final Application For Approval Of Compensation And Reimbursement Of Expenses For The Period From July 8, 2020 Through December 4, 2020

(Application filed 4/26/2021)


[RE: MARK M. SHARF - Chapter 11 SubChapter V Trustee] [Fees: $28,350.00; Expenses: $385.80]


Docket 219


Tentative Ruling:

Tentative for 6/2/21 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: 161 079 0531


Password: 015966


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Vasken K Kiladjian


Chapter 7

Vasken K Kiladjian Represented By Kelly H. Zinser

Movant(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros Nathan F Smith

Trustee(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros Nathan F Smith

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 7


#15.00


Hearing RE: First And Final Application For Compensation And Reimbursement Of Expenses For The Period From July 7, 2020 Through December 4, 2020 (Application filed 4/26/2021)


[RE: KELLY H. ZINSER - Attorney For Debtor] [Fees: $65,941.00; Expenses: $2,002.53]


Docket 227


Tentative Ruling:

Tentative for 6/2/21 is to APPROVE the application in the amounts of

$61,980.00 in fees and $2,002.53 in costs as reduced by the Reply filed 5/26/21 [Dk. 255] .


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1610790531 Meeting ID: 161 079 0531

Password: 015966


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 7


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 079 0531

Password: 015966


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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) Represented By Arturo M Cisneros Nathan F Smith

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#16.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Consolidated Complaint:

  1. Declaratory Relief/Dischargeability Of Debt;

  2. Violation Of Automatic Stay/Discharge Injunction

  3. Excessive Fines - Eighth Amendment

  4. Excessive Fines - Art 1 Sect 17

  5. 11 U.S.C. Section 525(a) Violation Punitive Damages Requested

(First Amended Complaint filed 4/28/2021) (Complaint in 8:20-ap-01095-SC filed 6/4/2020)


Docket 0

*** VACATED *** REASON: CONTINUED TO JUNE 2, 2021 AT 1:30

P.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 5- 13-2021 (DOCKET NO. [121])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

Brandon Tady Represented By Suzanne C Grandt James J Chang

Alex Hackert Represented By

Suzanne C Grandt

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


James J Chang


Chapter 7

Paul Bernardino Represented By Suzanne C Grandt James J Chang

Yvette Roland Hon. Represented By Suzanne C Grandt James J Chang

State Bar Of California Represented By Suzanne C Grandt James J Chang

Timothy Byer, Esq Represented By James J Chang Suzanne C Grandt

Nira Woods Pro Se

Devin Lucas, Esq Pro Se

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al


#17.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint:

  1. Violation Of Automatic Stay/Discharge Injunction;

  2. 11 USC Section 525(a) Violation (Complaint filed 6/4/2020)


FR: 9-2-20; 10-21-20; 1-20-21; 4-7-21


Docket 1

*** VACATED *** REASON: OFF CALENDAR - ADVERSARY CONSOLIDATED WITH LEAD CASE NUMBER 8:18-ap-01065-SC (DOCKET NO. [69]) - STATUS CONFERENCE HEARING WILL BE HELD ON JUNE 2, 2021 AT 11:00 A.M. IN LEAD CASE NUMBER 8:18-ap- 01065-SC

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

Timothy Byer, Esq Represented By Suzanne C Grandt James J Chang

State Bar Of California Represented By Suzanne C Grandt James J Chang

Nira Woods Pro Se

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

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

Aaron E de Leest Sonia Singh

1:30 PM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#18.00


Hearing RE: State Bar Defendants' Motion To Dismiss First Amended Complaint

(Motion filed 5/12/2021)


Docket 115


Tentative Ruling:

Tentative for 6/2/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1610790531 Meeting ID: 160 244 9470

Password: 667547


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 244 9470

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7


Password: 667547


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Nira Woods Pro Se

Timothy Byer, Esq Represented By James J Chang Suzanne C Grandt

State Bar Of California Represented By Suzanne C Grandt James J Chang

Yvette Roland Hon. Represented By Suzanne C Grandt James J Chang

Devin Lucas, Esq Pro Se

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Alex Hackert Represented By

Suzanne C Grandt James J Chang

Brandon Tady Represented By Suzanne C Grandt James J Chang

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

Paul Bernardino Represented By Suzanne C Grandt James J Chang

Movant(s):

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

Brandon Tady Represented By Suzanne C Grandt James J Chang

Alex Hackert Represented By

Suzanne C Grandt James J Chang

Paul Bernardino Represented By Suzanne C Grandt James J Chang

Yvette Roland Hon. Represented By Suzanne C Grandt James J Chang

State Bar Of California Represented By Suzanne C Grandt James J Chang

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Timothy Byer, Esq Represented By James J Chang Suzanne C Grandt

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

1:30 PM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#18.10


Hearing RE: Motion To Strike State Bar Attorney James Chang's Declaration Dated 4-27-2021 And Prior Proofs Of Service By The State Bar

(Motion filed 5/26/2021)


Docket 143


Tentative Ruling:

Tentative for 6/2/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1610790531 Meeting ID: 160 244 9470

Password: 667547


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 244 9470

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7


Password: 667547


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

Brandon Tady Represented By Suzanne C Grandt James J Chang

Alex Hackert Represented By

Suzanne C Grandt James J Chang

Paul Bernardino Represented By Suzanne C Grandt James J Chang

Yvette Roland Hon. Represented By

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Suzanne C Grandt James J Chang


Chapter 7

State Bar Of California Represented By Suzanne C Grandt James J Chang

Timothy Byer, Esq Represented By James J Chang Suzanne C Grandt

Nira Woods Pro Se

Devin Lucas, Esq Pro Se

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

1:30 PM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#19.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Consolidated Complaint:

  1. Declaratory Relief/Dischargeability Of Debt;

  2. Violation Of Automatic Stay/Discharge Injunction

  3. Excessive Fines - Eighth Amendment

  4. Excessive Fines - Art 1 Sect 17

  5. 11 U.S.C. Section 525(a) Violation Punitive Damages Requested

(First Amended Complaint filed 4/28/2021) (Complaint in 8:20-ap-01095-SC filed 6/4/2020)


FR: 6-2-21 at 11:00 a.m.


Docket 0


Tentative Ruling:

Tentative for 6/2/21:


Virtual appearances are required.


The Court is inclined set a continued status conference date of August 18, 2021, at 11:00 a.m. The parties are instructed to file a status report which complies with the applicable rules, set forth below.


LBR 7016-1(a)(2) requires that a status report be filed at least 14 days before the date set for the status conference using a mandatory court form (which is accessible on the external court website). Having reviewed the status report filed 5/19/21 [Dk. 130], the Court notes that it is not provided utilizing the mandatory form, and is unhelpful to the Court as it does not provide the requisite information provided for in the mandatory court form.


Pursuant to LBR 7016-1(f), future non-compliance may result in monetary or non-monetary sanctions, including dismissal of the complaint.

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


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/1610790531 Meeting ID: 160 244 9470

Password: 667547

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 244 9470

Password: 667547


For further details, please consult the 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

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

Brandon Tady Represented By Suzanne C Grandt James J Chang

Alex Hackert Represented By

Suzanne C Grandt James J Chang

Paul Bernardino Represented By Suzanne C Grandt James J Chang

Yvette Roland Hon. Represented By Suzanne C Grandt James J Chang

State Bar Of California Represented By Suzanne C Grandt James J Chang

Timothy Byer, Esq Represented By James J Chang Suzanne C Grandt

Nira Woods Pro Se

Devin Lucas, Esq Pro Se

1:30 PM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.


#20.00


CONT'D Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Corner Escrow, Inc., A California Corporation

(Motion filed 2/3/2021) FR: 3-10-21; 4-28-21

Docket 10


Tentative Ruling:

Tentative for 6/2/21:


This matter is CONTINUED to September 15, 2021, at 11:00 a.m. to allow Trustee to provide supplemental evidence showing that the alleged transfers were made with intent to hinder, delay and defraud creditors. Further, as to the Intentional Interference cause of action, Trustee should provide supplemental evidence to demonstrate that defendant caused interruptions, and intended to disrupt the performance of the Debtor's contracts.


A supplemental filing addressing the foregoing shall be due not later than August 12, 2021.


Appearances for the 6/2 hearing are excused.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Corner Escrow, Inc. Pro Se

Movant(s):

Karen S. Naylor Represented By

1:30 PM

CONT...


Homestead Escrow, Inc.


Marc C Forsythe


Chapter 7

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.


#21.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint (1) Avoidance and Recovery of Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(B) And 550;

(2) Avoidance and Recovery of Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550; (3) Preservation; And (4) Intentional Interference With Contractual Relations

(Complaint filed 12/1/2020) FR: 2-17-21; 3-10-21; 4-28-21

Docket 1


Tentative Ruling:

Tentative for 6/2/21:


This matter is CONTINUED to September 15, 2021, at 11:00 a.m. pursuant to the representations in the latest joint status report filed 5/24/21 [Dk. 23]. A fulsome and timely joint status report, which should contain proposed dates and deadlines, shall be due not later than 14 days before the continued hearing.


Appearances for the 6/2 hearing are excused.


****************************************************************************** Tentative for 3/10/21 is to CONTINUE to May 19, 2021, at 1:30 p.m. to be heard concurrently with the continued hearing on Plaintiff's motion for default judgment. A status report shall be required not later than 14 days in advance.


Appearances for the 3/10 hearing are excused.


******************************************************************************* Tentative for 2/17/21 is to CONTINUE to March 10, 2021, at 1:30 p.m. to be heard concurrently with Plaintiff's motion for default judgment. A status report

1:30 PM

CONT...


Homestead Escrow, Inc.


Chapter 7

will not be required.


Appearances for the 2/17 hearing are excused.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

Defendant(s):

Corner Escrow, Inc. Pro Se

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:19-01186 Marshack v. Avenatti et al


#22.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers; Preference; Declaratory Relief; Turnover; Preliminary And Permanent Injunction; Breach Of Fiduciary Duty; Disallowance Of Proofs Of Claim; Equitable Subordination

(Complaint filed 9/16/2019)

(Adversary case transferred from CB on 7/31/2020)

(S/C advanced from 9-29-20 per Order Entered 8/7/2020)


FR: 12-2-19; 2-25-20; 3-31-20; 6-2-20; 9-23-20; 11-18-20


Docket 1


Tentative Ruling:

Tentative for 6/2/21:


This matter is CONTINUED to March 15, 2022, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 6/2 hearing are excused.


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

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

resolution of Defendant Avenatti's criminal proceeding. The Court is not inclined to stay this matter in a piecemeal fashion.


The court is inclined to CONTINUE to November 18, 2020, at 11:00 a.m. A status report is due 14 days in advance.

Party Information

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 Tinho Mang

1:30 PM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al


#23.00


STATUS CONFERENCE Hearing RE: Complaint For:

  1. Breach Of Fiduciary Duty;

  2. Aiding And Abetting Breach Of Fiduciary Duty;

  3. Avoidance Of Actual Fraudulent Transfers Under 11 U.S.C. Section 548(a) (1)(A);

  4. Avoidance Of Constructive Fraudulent Transfers (Complaint filed 3/11/2021)


Docket 1

*** VACATED *** REASON: CONTINUED TO JUNE 16, 2021 AT 1:30

P.M. PER ANOTHER SUMMONS ISSUED ON 3-30-2021 - (DOCKET NO. [8])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Ralph Kosmides Represented By Leo A Bautista

Beachcomber Management Crystal Pro Se Lighthouse Cafe, LLC Pro Se

1:30 PM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7

Beachcomber at Crystal Cove, LLC Pro Se Shake Shack Crystal Cove, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

10:00 AM

8:17-11996


WJA Asset Management LLC


Chapter 11

Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC


#1.00


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

  1. To Disallow Proof Of Claim;

  2. To Avoid Incurrence Of Debt;

  3. For Contractual Indemnity; And

  4. Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)


    FR: 4-4-19; 9-19-19; 12-19-19; 3-5-20; 5-28-20; 7-2-20; 8-20-20; 10-22-20;

    2-18-21


    Docket 1

    *** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION ENTERED 5-28

    -21 - (DOCKET NO. [67])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    WJA Asset Management LLC Represented By

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

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

    10:00 AM

    CONT...


    WJA Asset Management LLC


    Timothy W Evanston


    Chapter 11

    Defendant(s):

    Luxury Asset Lending, LLC Represented By Richard Bunt

    David Moore Pro Se

    Jackman Industries, Inc. Represented By Thomas M Monson

    Plaintiff(s):

    Luxury Asset Purchasing Represented By Kyra E Andrassy

    11:00 AM

    8:20-10754


    Gary Song Jiunn Mor


    Chapter 11


    #2.00


    CONT'D Motion for relief from stay [Personal Property]


    Toyota Lease Trust, As Serviced By Toyota Motor Credit Corporation d/b/a Toyota Financial Service vs. DEBTOR

    (Motion filed 4/16/2021)


    [RE: 2018 Lexus RX 350L Premium FWD - VIN No.: JTJGZKCA5J2000809]


    FR: 5-20-21


    Docket 118


    Tentative Ruling:

    Tentative for 6/3/21:


    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: 161 959 9247


    Password: 579225

    11:00 AM

    CONT...


    Gary Song Jiunn Mor


    Chapter 11

    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


    Party Information

    Debtor(s):

    Gary Song Jiunn Mor Represented By Andy C Warshaw

    Arnold H. Wuhrman

    11:00 AM

    8:20-11339


    Rockport Development, Inc.


    Chapter 11


    #3.00


    CONT'D Hearing RE: Confirmation Of Debtors' First Amended Liquidating Chapter 11 Plan Of Reorganization Dated February 25, 2021

    (Motion filed 12/15/2020) (D.S. filed 12/15/2020)

    (Chapter 11 Plan filed 12/15/2020) (Confirmation hearing set at D.S held 2/18/2021) (First Amended Chapter 11 Plan filed 2/25/2021)


    FR: 2-18-21; 5-20-21


    Docket 447


    Tentative Ruling:

    Tentative for 6/3/21 is to CONFIRM.


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1619599247 Meeting ID: 161 959 9247

    Password: 579225


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

    11:00 AM

    CONT...


    Rockport Development, Inc.


    Chapter 11

    conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 959 9247

    Password: 579225


    For further details, please consult the 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 2/18/21 is to APPROVE, provided that Debtor submits an amended D.S. which fully addresses the U.S. Trustee's comments filed 1/27/21 [Dk. 418], including the expanded reference to potential causes of action, which was not addressed in Debtor's reply filed 2/11/21 [Dk. 427].


    In the event that the D.S. is approved, the Court is inclined to set the following dates and deadlines:


    1. Deadline to file amended D.S.: 2/26/21


    2. Deadline to serve Solicitation Package: 3/12/21


    3. Deadline to vote: 4/15/21


    4. Deadline to file and serve objection to the plan: 4/15/21

      11:00 AM

      CONT...


      Rockport Development, Inc.


      Chapter 11


    5. Deadline to file ballot summary and confirmation brief: 4/29/21


    6. Confirmation hearing: May 20, 2021, at 11:00 a.m.


      Virtual appearances are required.

      Party Information

      Debtor(s):

      Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

      11:00 AM

      8:20-11339


      Rockport Development, Inc.


      Chapter 11


      #4.00


      CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

      (Petition filed 5/7/2020)


      FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB); 7-16-20; 10-8-20;

      12-17-20; 2-18-21; 5-20-21


      Docket 5


      Tentative Ruling:

      Tentative for 6/3/21:


      In light of the Court's tentative on related matter #3, the Court is inclined to set a post confirmation status conference on November 17, 2021, at 1:30 p.m., with a status report 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/1619599247 Meeting ID: 161 959 9247

      Password: 579225


      If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

      11:00 AM

      CONT...


      Rockport Development, Inc.


      Chapter 11

      audio of the hearing may be accessed by telephone using the following audio conference information:


      Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

      Meeting ID: 161 959 9247

      Password: 579225


      For further details, please consult the 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 2/18/21:


      Debtor's Status Report filed 2/4/21 [Dk. 421] requests a 60 day continuance of the Court ordered claim objection deadline from 2/28/21 to 4/30/21.

      Debtor's counsel should be prepared to appear and explain to the Court in greater detail why such extension is necessary, and why such relief was sought pursuant to the status conference instead a noticed motion.


      The Court is inclined to set a continued status conference on May 20, 2021, at 11:00 a.m., to be heard concurrently with the hearing on plan confirmation.


      Virtual appearances are required.

      ***************************************************************************** Tentative for 12/17/20 is to CONTINUE to February 18, 2021, at 11:00 a.m.,

      11:00 AM

      CONT...


      Rockport Development, Inc.


      Chapter 11

      to be heard concurrently with the hearing on the adequacy of Debtor's disclosure statement, which is anticipated to be filed prior to this hearing. A status report is due 14 days in advance.


      The 12/17 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


      ****************************************************************************** Tentative for 10/8/20 is to CONTINUE to December 17, 2020, at 11:00 a.m. A status report is due 14 days in advance.


      Appearances for the 10/8 hearing are excused.


      ***************************************************************************** Tentative for 7/16/20 is to CONTINUE to October 8, 2020 at 11:00 a.m., and set the following dates/deadlines:


      1. Claims Bar Date: 8/15/20

      2. Deadline for filing Claim Objections: 12/31/20

      3. Deadline to file Plan and Disclosure Statement: 9/4/20


Virtual appearances are required.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

11:00 AM

8:20-12329


Christopher Alexander Todero


Chapter 11


#5.00


CONT'D STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)

    (Amended Order Entered 8/20/2020)


    FR: 10-8-20; 1-7-21; 1-21-21; 3-11-21; 4-29-21


    Docket 9

    *** VACATED *** REASON: CONTINUED TO JULY 28, 2021 AT 1:30

    P.M. PER ORDER ON MOTION TO CONTINUE CONFIRMATION HEARING ON SUBCHAPTER V PLAN AND ACCOMPANYING DEADLINES AND

    CONTINUING STATUS CONFERENCE ENTERED 5-17-2021 - (DOCKET NO. [137])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Christopher Alexander Todero Represented By Anerio V Altman

    Trustee(s):

    Mark M Sharf (TR) Pro Se

    11:00 AM

    8:20-12329


    Christopher Alexander Todero


    Chapter 11


    #6.00


    CONT'D Hearing RE: Confirmation Of First Amended Subchapter V Plan Of Reorganization

    (Plan filed 11/17/2020)

    (First Amended Plan filed 4/8/2021) FR: 1-21-21; 3-11-21; 5-20-21

    Docket 122

    *** VACATED *** REASON: CONTINUED TO JULY 28, 2021 AT 1:30

    P.M. PER ORDER ON MOTION TO CONTINUE CONFIRMATION HEARING ON SUBCHAPTER V PLAN AND ACCOMPANYING DEADLINES AND

    CONTINUING STATUS CONFERENCE ENTERED 5-17-2021 - (DOCKET NO. [137])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Christopher Alexander Todero Represented By Anerio V Altman

    Trustee(s):

    Mark M Sharf (TR) Pro Se

    11:00 AM

    8:20-13223


    Innovation Pet, Inc., a California corporation


    Chapter 11


    #7.00


    CONT'D STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C. Section 1111(b) Election

    (Set per Order Entered 11/20/2020)


    FR: 1/7/2021 at 11:00 a.m.; 1-7-21; 4-8-21


    Docket 3

    *** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING DEBTOR’S MOTION TO

    CONVERT CASE UNDER 11 U.S.C. SECTION 1112(a) ENTERED 5-21- 2021 - (DOCKET NO. [93])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Innovation Pet, Inc., a California Represented By

    James C Bastian Jr Melissa Davis Lowe

    Trustee(s):

    Mark M Sharf (TR) Pro Se

    11:00 AM

    8:20-13447


    Jump Westminster, LLC


    Chapter 11


    #8.00


    Hearing RE: Motion To Confirm Rejection Of Unexpired Lease And Compel The Debtor To Immediately Surrender Possession Of The Premises

    (Motion filed 4/28/2021)


    Docket 52

    *** VACATED *** REASON: CONTINUED TO JUNE 17, 2021 AT 11:00

    A.M. PER ORDER CONTINUING HEARING ENTERED ON 5/28/21. - (DOCKET NO. [85])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jump Westminster, LLC Represented By Michael G York

    Movant(s):

    Washington Prime Group Inc. Represented By Kenneth Hennesay Ronald E Gold

    11:00 AM

    8:20-13447


    Jump Westminster, LLC


    Chapter 11


    #9.00


    Hearing RE: Motion Of Washington Prime Group, Inc.To Compel Immediate Payment Of Post Petition Rent

    Motion filed 4/28/2021)


    Docket 54

    *** VACATED *** REASON: CONTINUED TO JUNE 17, 2021 AT 11:00

    A.M. PER ORDER CONTINUING HEARING ENTERED ON 5/28/21. - (DOCKET NO. [85])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jump Westminster, LLC Represented By Michael G York

    Movant(s):

    Washington Prime Group Inc. Represented By Kenneth Hennesay Ronald E Gold

    11:00 AM

    8:20-13447


    Jump Westminster, LLC


    Chapter 11


    #10.00


    Motion for relief from stay [Unlawful Detainer]


    Westminster Mall, LLC vs. DEBTOR (Motion filed 5/7/2021)


    [RE: 1025 Westminster Mall, #2086A, Westminster CA 92683]


    Docket 68

    *** VACATED *** REASON: CONTINUED TO JUNE 17, 2021 AT 11:00

    A.M. PER ORDER CONTINUING HEARING ENTERED ON 5/28/21. - (DOCKET NO. [85])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jump Westminster, LLC Represented By Michael G York

    11:00 AM

    8:21-10759


    Tupelo Wood LLC


    Chapter 11


    #11.00


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

    (Petition filed 3/24/2021) FR: 5-20-21


    Docket 5


    Tentative Ruling:

    Tentative for 6/3/21:


    The Court is inclined to adopt the Debtor in Possession's proposed dates and deadlines as follows:


    1. Claims Bar Date: September 24, 2021


    2. Notice of Claims Bar Date: June 11, 2021


    3. Deadline to file Plan and Disclosure Statement: July 19, 2021


    4. Continued Status Conference: September 1, 2021, at 1:30 p.m. A status report shall be 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.

11:00 AM

CONT...


Tupelo Wood LLC


Chapter 11

Videoconference URL: https://cacb.zoomgov.com/j/1619599247 Meeting ID: 161 959 9247

Password: 579225

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 959 9247

Password: 579225


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Tupelo Wood LLC Represented By Randolph L Neel

11:00 AM

8:21-10930


Simon's Wholesale Bakery, Inc.


Chapter 11


#12.00


STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.

Section 1111(b) Election (Petition filed 4/8/2021)

(Set per Order Entered 4/9/2021)


Docket 0


Tentative Ruling:

Tentative for 6/3/21:


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


  1. Deadline to file Plan – July 7, 2021 (statutory deadline)


  2. Deadline to serve Plan – July 16, 2021


  3. Ballots Due – August 18, 2021


  4. Confirmation Brief Due – September 1, 2021


  5. Oppositions to Confirmation Brief due – September 15, 2021


  6. Replies due – September 22, 2021


  7. Confirmation Hearing & Continued Status Conference – September

11:00 AM

CONT...


Simon's Wholesale Bakery, Inc.


Chapter 11

29, 2021, at 1:30 p.m. A status report shall be 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/1619599247 Meeting ID: 161 959 9247

Password: 579225

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 959 9247

Password: 579225


For further details, please consult the 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

11:00 AM

CONT...


Simon's Wholesale Bakery, Inc.


Chapter 11

https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Simon's Wholesale Bakery, Inc. Represented By Michael Jones

Trustee(s):

Mark M Sharf (TR) Pro Se


Tuesday, June 8, 2021 Hearing Room 5C


10:00 AM

8:19-14970


Gerardo Emigdio Navarro Estrada


Chapter 7

Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada


#1.00


CONT'D TRIAL 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)

(PTC set at S/C held 8/19/2020) (Trial set at PTC held 3/24/2021)


FR: 6-24-20; 8-19-20; 3/24/21; 5-25-21


Docket 1

Party Information

Debtor(s):

Gerardo Emigdio Navarro Estrada Pro Se

Defendant(s):

Gerardo Emigdio Navarro Estrada Pro Se

Plaintiff(s):

Action Mobile Homes, Inc. Represented By Edward T Weber

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

6:17-15749


Foster Enterprises, a California general partnersh


Chapter 7


#1.00


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

Docket 557


Tentative Ruling:

Tentative for 6/15/21 is to APPROVE as requested.


The Trustee's Final Report filed 5/14/21 [Dk. 557] seeks approval to pay

$99,688.37 to the Law Offices of Thomas Casey, reflecting a slight reduction from the amount requested in the Fee Application filed 2/18/21 [Dk. 552] ($103,688.37).


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: 161 360 3661


Password: 225901


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

10:00 AM

CONT...

Debtor(s):


Foster Enterprises, a California general partnersh


Chapter 7

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 John P Pringle

10:00 AM

6:17-18926


Southern Pacific Janitorial Group, Inc.


Chapter 7


#2.00


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

Docket 113


Tentative Ruling:

Tentative for 6/15/21 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: 161 360 3661


Password: 225901


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Southern Pacific Janitorial Group, Represented By

Michael Jay Berger

10:00 AM

CONT...

Trustee(s):


Southern Pacific Janitorial Group, Inc.


Chapter 7

John P Pringle (TR) Represented By

Michelle A Marchisotto

10:00 AM

6:21-12416


Ashley Hanson


Chapter 7


#3.00


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

Kia Motor Finance vs. DEBTOR, Charles W. Daff, trustee (Motion filed 5/19/21)


Re: 2019 Kia Optima, VIN: 5XXGT4L34KG353216


EH            


Docket 10


Tentative Ruling:

Tentative for 6/15/21:


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: 161 360 3661


Password: 225901

10:00 AM

CONT...


Ashley Hanson


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ashley Hanson Represented By

C Scott Rudibaugh

Movant(s):

Kia Motors Finance Represented By Sheryl K Ith

Trustee(s):

Charles W Daff (TR) Pro Se

11:00 AM

6:19-10008


LaTronia Chantanise Gipson and Roy Lester Colbert, Jr


Chapter 7


#4.00


CONT. 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


From: 12/15/20 EH            

Docket 43


Tentative Ruling:

Tentative for 6/15/21:


This matter is CONTINUED to December 14, 2021, at 11:00 a.m. A joint status report is due by not later than 14 days in advance of the continued hearing, and should contain details regarding the status of the state court action and whether the potential malpractice claim proceeds have been liquidated. An earlier hearing may be set upon written request and notice to all interested parties.


Appearances for the 6/15 hearing are excused.


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

11:00 AM

CONT...


LaTronia Chantanise Gipson and Roy Lester Colbert, Jr


Chapter 7

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. 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.

Party Information

Debtor(s):

LaTronia Chantanise Gipson Represented By Nicholas M Wajda

Joint Debtor(s):

Roy Lester Colbert Jr Represented By Nicholas M Wajda

Movant(s):

Steven M Speier (TR) Represented By Robert P Goe

11:00 AM

CONT...

Trustee(s):


LaTronia Chantanise Gipson and Roy Lester Colbert, Jr


Chapter 7

Steven M Speier (TR) Represented By Robert P Goe

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#5.00


Hrg. on Application filed 5/18/21 for Compensation First Interim Application by Resnik Hayes Moradi LLP, General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period February 12, 2020 Through April 14, 2021; Fee: $128,434.00, Expenses: $2,608.04.


EH            


Docket 232


Tentative Ruling:

Tentative for 6/15/21:


This matter is CONTINUED to July 13, 2021, at 1:30 p.m. Applicant is required to submit supplemental briefing by not later than 14 days before the continued hearing which demonstrates the reasonableness and necessity of the services provided and further explains how the proposed payment terms are achievable.


While Applicant has provided descriptions of services and time entries, the descriptions are vague and do not specifically address the issues of reasonableness and necessity at the time the services were rendered, both of which are required for the Court to access whether compensation should be awarded under §330.


For example, the Application contains charges of $13,755.00 in fees related to "asset sale, analysis, and valuation" noting that a sale motion was granted on March 2, 2021; however, the Application does not contain an explanation regarding the achieved or potential benefit of the sale to the estate at the time the services were rendered, which is necessary to determine the reasonableness of the fees under §330. Likewise, the Applicant seeks to charge $7,110.00 for the preparation of employment applications, but the Application is silent as to the benefit to the estate obtained (or anticipated) from the employment of these professionals.

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

Additionally, Applicant seeks $42,166.00 in fees related to "disclosure statement and plan of reorganization," and lists activities related to the Original and First Amended Disclosure Statement and Plan, neither of which are presently operative or have been approved by this Court. In the supplement, Applicant should provide greater detail regarding how the services provided in connection with the Original and First Amended Disclosure Statement and Plan contributed to the generation of the Second Amended Disclosure Statement and Plan which was filed subsequent to the time period covered by the application and is presently set for hearing.


Further, the Application states that Debtor intends to pay the Applicant

$40,000.00 within 48 hours of entry of the order approving the Application, and then $1,000 per month thereafter, from his DIP bank account; however, the Application indicates that Debtor has only $32,323.46 in the DIP bank account at this time. Clarification regarding Debtor's ability to pay is required.


Appearances for the 6/15 hearing are excused.

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:21-10030


Lawrence Goldenberg


Chapter 7

Adv#: 6:21-01044 Build Group Construction Company v. Goldenberg et al


#6.00 STATUS CONFERENCE re: Complaint by Build Group Construction Company against Lawrence Goldenberg , Susan Y. Goldenberg . false pretenses, false representation, actual fraud)


EH            


Docket 1

*** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL FILED 4/30/21 [FRBP 7041(a)]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lawrence Goldenberg Represented By Joseph M Tosti

Defendant(s):

Lawrence Goldenberg Pro Se

Susan Y. Goldenberg Pro Se

Joint Debtor(s):

Susan Y. Goldenberg Represented By Joseph M Tosti

Plaintiff(s):

Build Group Construction Company Pro Se

Trustee(s):

Steven M Speier (TR) Represented By Robert P Goe

10:00 AM

8:21-10383


Eben Howard and Pamela Ann Howard


Chapter 7


#1.00


Motion for relief from stay [Personal Property]


North Mill Credit Trust vs. DEBTORS (Motion filed 5/24/2021)


[RE: 2019 BTL Emsculpt]

[Serial Numbers: 79902B002074 and 799C2B001369]


Docket 49

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. SECTION 362

(PERSONAL PROPERTY) - SETTLED BY STIPULATION - ENTERED 6- 11-2021 - (DOCKET NO. [58])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eben Howard Represented By Halli B Heston

Joint Debtor(s):

Pamela Ann Howard Represented By Halli B Heston

Movant(s):

NORTH MILL CREDIT TRUST Represented By

Raffi Khatchadourian

Trustee(s):

Richard A Marshack (TR) Represented By Thomas J Polis

10:00 AM

8:21-10751


Tom Huynh Grant


Chapter 7


#2.00


Motion for relief from stay [Personal Property]


Transportation Alliance Bank dba TAB Bank vs. DEBTOR (Motion filed 5/12/2021)


[RE: 2015 Peterbilt 579 Tractor - VIN No.: 1XPBD49X2FD262445]


Docket 15


Tentative Ruling:

Tentative for 6/16/21:


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: 161 523 2612


Password: 068363


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Tom Huynh Grant


Party Information


Chapter 7

Tom Huynh Grant Represented By Phu D Nguyen

Movant(s):

Transportation Alliance Bank dba Represented By

Garry A Masterson

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:21-11006


Kevin Stough and Sara M Stough


Chapter 7


#3.00


Motion for relief from stay [Personal Property]


Daimler Trust vs. DEBTORS (Motion filed 5/11/2021)


[RE: 2020 Mercedes-Benz C300W - VIN: WDDWF8DB6LR539151]


Docket 10


Tentative Ruling:

Tentative for 6/16/21:


Grant pursuant to 11 U.S.C. § 362(d)(1) and 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: 161 523 2612


Password: 068363


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

10:00 AM

CONT...

Debtor(s):


Kevin Stough and Sara M Stough


Chapter 7

Kevin Stough Represented By Gary Polston

Joint Debtor(s):

Sara M Stough Represented By Gary Polston

Movant(s):

Daimler Trust Represented By

Sheryl K Ith

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

11:00 AM

8:19-14348


Alisandro Romero


Chapter 7


#4.00


Hearing RE: Motion For Reconsideration Pursuant To FRCP 60(b) (Motion filed 5/25/2021)


Docket 92

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION FOR RECONSIDERATION AND VACATING HEARING ENTERED 6-10-2021 (DOCKET NO. [99])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran Thomas J Polis

Movant(s):

Michael Petersen Pro Se

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#5.00


Hearing RE: Motion To Coordinate, Consolidate And/Or Reassign Cases (Motion filed 5/11/2021)


Docket 111

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION TO COORDINATE, CONSOLIDATE AND/OR REASSIGN CASES AND VACATING HEARING ENTERED 6-10-2021 - (DOCKET NO. [166])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Suzanne C Grandt James J Chang

Brandon Tady Represented By Suzanne C Grandt James J Chang

Alex Hackert Represented By

Suzanne C Grandt James J Chang

Paul Bernardino Represented By Suzanne C Grandt James J Chang

Yvette Roland Hon. Represented By Suzanne C Grandt

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


James J Chang


Chapter 7

State Bar Of California Represented By Suzanne C Grandt James J Chang

Timothy Byer, Esq Represented By James J Chang Suzanne C Grandt

Nira Woods Pro Se

Devin Lucas, Esq Pro Se

Movant(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert Lenore L Albert

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01035 Marshack v. American Express et al


#6.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, And Fraudulent Transfers


FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20; 12-2-20; 1-20-21; 3-10-21; 3-10-21;

4-28-21


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION FOR DISMISSAL OF ADVERSARY PROCEEDING WITHOUT PREJUDICE

AND TO VACATE ALL DATES AND DEADLINES ENTERED 6-2-2021 - (DOCKET NO. [47])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

American Express Represented By Sweeney Kelly

American Express National Bank Represented By

Sweeney Kelly

American Express Company Represented By Sweeney Kelly

Plaintiff(s):

Richard A Marshack Represented By

11:00 AM

CONT...


Trustee(s):


Luminance Recovery Center, LLC


Judith E Marshack David Wood


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello Laila Masud

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#7.00


CONT'D Hearing RE: Omnibus 9019 Motion With Trustee RE: (1) Pacific Premier Bank, FKA Opus Bank; (2) Pillsbury Winthrop Shaw Pittman LLP; And

(3) C&C Partnership (Motion filed 4/28/2021)

[Cont'd as to C&C Partnership Only]


FR: 5-19-21


Docket 1063


Tentative Ruling:

Tentative for 6/16/21 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: 160 039 3631


Password: 273107


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


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

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7

Tentative for 5/19/21:


This motion shall be GRANTED in part and CONTINUED in part.


As to the agreements by and between Trustee and Pacific Premier Bank, and Pillsbury Winthrop, respectively, the Motion is GRANTED.


As to the agreement by and between Trustee and C&C Partnership ("C&C Partnership Agreement"), the Court shall set a CONTINUED hearing on 6/16/21, at 11:00 a.m. Trustee shall file and serve a supplement to the motion and notice of continued hearing, which contains a clear explanation of any changes in the material terms of the C&C Partnership Agreement, by not later than 5/21/21.


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.


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Richard A Marshack (TR) Represented By Laila Masud

11:00 AM

CONT...


Trustee(s):


Ruby's Diner, Inc., a California corporation

D Edward Hays Tinho Mang


Chapter 7

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:19-01176 Golden v. Caufield et al


#8.00


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

  1. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);

  2. Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);

  3. Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And

  4. Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)

    (Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)


    FR: 11-19-19; 5-27-20; 8-5-20; 11-4-20; 1-20-21; 4-28-21


    Docket 20


    Tentative Ruling:

    Tentative for 6/16/21:


    The Court is inclined to approve the Pre-Trial Stipulation filed 6/2/21 [Dk. 51] and set this matter for trial beginning on December 6, 2021, at 10:00 a.m.


    Additionally, the Court is inclined to conduct the trial utilizing the trial by declaration procedures posted on its website, and set the following dates/deadlines:


    1. Motion in Limine Deadline – September 1, 2021


    2. Hearing on Motions in Limine – September 29, 2021, 1:30 p.m.


    3. Deadline to Submit Trial Briefs, Exhibits, and Witness Lists – 14 days prior to trial


    4. Deadline to Submit Declaration Testimony – 21 days prior to trial

11:00 AM

CONT...


Tim M McKenna


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/1600393631 Meeting ID: 160 039 3631

Password: 273107

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 039 3631

Password: 273107


For further details, please consult the 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,

11:00 AM

CONT...


Tim M McKenna


Chapter 7

"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


***************************************************************************** Tentative for 12/04/19:


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


  1. Discovery cutoff: March 4, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: April 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: May 27, 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.


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


Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Jason Caufield Represented By Tyler H Brown

Plaintiff(s):

Jeffrey I. Golden Represented By Reem J Bello Ryan W Beall

11:00 AM

CONT...

Trustee(s):


Tim M McKenna


Chapter 7

Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello

11:00 AM

8:19-13159


Homestead Escrow, Inc.


Chapter 7


#9.00


Hearing RE: Motion To Approve Compromise With Glen Oaks Escrow, Inc. (Motion filed 5/18/2021)


Docket 58


Tentative Ruling:

Tentative for 6/16/21 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: 160 039 3631


Password: 273107


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

11:00 AM

CONT...

Movant(s):


Homestead Escrow, Inc.


Chapter 7

Karen S Naylor (TR) Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

11:00 AM

8:19-13159


Homestead Escrow, Inc.


Chapter 7

Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.


#10.00


CONT'D Hearing RE: Defendant's Motion For Dismissal Of Complaint Under Federal Rule Of Bankruptcy Procedure 7012 And Federal Rule Of Civil Procedure 12(b)

(Motion filed 3/4/2021) FR: 4-28-21; 5-19-21

Docket 4


Tentative Ruling:

Tentative for 6/16/21:


In light of the Court's tentative on related matter #9, this matter is CONTINUED to September 29, 2021, at 11:00 a.m. as a holding date. If this matter is not otherwise resolved or taken off calendar, a status report is due 14 days in advance.


Appearances for the 6/16 hearing are excused.


**************************************************************************** Tentative for 5/19/21:


This matter shall be CONTINUED to June 16, 2021, at 11:00 a.m., to be heard concurrently with the anticipated motion to approve compromise, if the compromise motion is set for hearing instead of being noticed for approval without a hearing under applicable local rules.


If the matter remains pending as of the continued date, a status report is due 14 days in advance.


Appearances for the 5/19 hearing are excused.


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

11:00 AM

CONT...


Homestead Escrow, Inc.


Chapter 7

Tentative for 4/28/21:


Chapter 7 Trustee seeks to avoid and recover alleged fraudulent transfers in the amount of $83,780, plus interest and attorneys fees. Trustee asserts that Debtor and Glen Oaks Escrow, Inc. ("Defendant") allegedly agreed that Debtor would transfer 10 escrow accounts (the "Transferred Escrows") to Defendant for 20% of the total escrow fees. However, Trustee alleges that after gaining possession of the Transferred Escrows, Debtor never received any payment (i.e., did not receive any reasonable value) from Defendant.


Defendant has filed a motion to dismiss, arguing that Trustee has failed to state a valid claim pursuant to Rule 12(b), because, primarily, the requested relief would violate Cal. Fin. Code Section 17420, which prohibits the payment of "any person subject to this division.. to any other person any commission, fee, or other consideration as compensation for referring, soliciting, handling, or servicing escrow customers or accounts." Cal Fin Code § 17420 (emphasis added).


To the extent an agreement which violates applicable state law is alleged, Courts will not generally enforce the terms of the agreement. See generally Kashani v. Tsann Kuen China Enter. Co., 118 Cal. App. 4th 531, 540-41, 13 Cal. Rptr. 3d 174, 179 (2004). Further, the Court is unpersuaded by Plaintiff's argument that Code Section 17420 is inapplicable to the allegations contained in the complaint. Plaintiff's provided exhibits are irrelevant and do not refute the plain reading of the statute, which includes an express prohibition of compensation to other entities for the "handling, or servicing" of escrow customers or accounts.


Absent a detailed explanation from Plaintiff regarding why the requested relief is not a violation of the foregoing statute, the Court is inclined to GRANT the motion to dismiss.


Virtual appearances are required.

Party Information

Debtor(s):

Homestead Escrow, Inc. Represented By Marc C Forsythe

11:00 AM

CONT...


Homestead Escrow, Inc.


Chapter 7

Defendant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

Movant(s):

Glen Oaks Escrow, Inc. Represented By J Scott Bovitz

Plaintiff(s):

Karen S. Naylor Represented By Marc C Forsythe

Trustee(s):

Karen S Naylor (TR) Represented By Marc C Forsythe

11:00 AM

8:19-13719


Tracy Giang


Chapter 7


#11.00


Hearing RE: Debtor's Motion For Entry Of Order (1) Authorizing The Debtor To Obtain Post-Petition Financing Pursuant To 11 U.S.C. Section 364(c)(3); (2) Granting Related Relief; And (3) Waiving Federal Rule Of Bankruptcy Procedure 6004(h)

(Motion filed 5/7/2021)


Docket 88

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION FOR ENTRY OF

ORDER AUTHORIZING THE DEBTOR TO OBTAIN POST-PETITION FINANCING AND VACATING HEARING ENTERED 6-10-2021 - (DOCKET NO. [98])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tracy Giang Represented By

Marc C Forsythe

Movant(s):

Tracy Giang Represented By

Marc C Forsythe

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Erin P Moriarty

11:00 AM

8:20-11939


Vasken K Kiladjian


Chapter 7


#12.00


Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Real Property Free And Clear Of Liens Pursuant To Section 363(f); (2) Approving Overbid Procedures; (3) Approving Broker Compensation; (4) Authorizing Distribution Of Sale Proceeds; (5) Determining That The Proposed Buyer Is A Good Faith Purchaser Under 11 U.S.C. Section 363(m); (6) Requiring Debtor And Beth Kiladjian To Vacate The Property; And (7) Waiving 14 Day Stay Imposed By Federal Rule Of Bankruptcy Procedure 6004(h) (Motion filed 5/26/2021)


Docket 251


Tentative Ruling:

Tentative for 6/16/21 is to GRANT, and allow the 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/1600393631 Meeting ID: 160 039 3631

Password: 273107


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

11:00 AM

CONT...


Vasken K Kiladjian


Chapter 7

conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 039 3631

Password: 273107


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Movant(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros Nathan F Smith

Trustee(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros Nathan F Smith

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#13.00


CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Abandonment Of Property Of The Estate (Debtor's Beneficial Interest In Irrevocable Trust) Pursuant To 11 U.S.C. Section 554(a) Or In The Alternative,

  1. Authorizing The Sale Of The Property At Auction (Motion filed 4/26/2021)


    FR: 5-19-21; 6-2-21


    Docket 1084


    Tentative Ruling:

    Tentative for 6/16/21 is to GRANT.


    Note: In light of the notice of withdrawal filed 6/15/21 [Dk. 1105], 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: 160 039 3631


    Password: 273107


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Andrea Steinmann Downs


    Chapter 7

    Andrea Steinmann Downs Pro Se

    Movant(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    11:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7


    #14.00


    Hearing RE: Court To Calculate The Reasonable Number Of Hours Expended On The Motion To Compel An Examination Of Lora Steinmann, And Make A More Appropriate Award Of Attorneys' Fees

    (Set per Remand Order By District Court on 3/26/2021)


    Docket 1080

    *** VACATED *** REASON: CONTINUED TO AUGUST 4, 2021 AT 11:00 A.M. PER ORDER CONTINUING HEARING AFTER REMAND AND REQUIRING STATUS REPORT ENTERED 5-17-2021 - (DOCKET NO. [1094])

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Andrea Steinmann Downs Pro Se

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    1:30 PM

    8:17-11996


    WJA Asset Management LLC


    Chapter 11


    #15.00


    CONT'D Hearing RE: Disclosure Statement Describing Chapter 11 Plan Of Liquidation Of TD Opportunity Fund, LLC

    [Affects TD Opportunity Fund, LLC ONLY]

    (D.S. filed 4/8/2021) FR: 5-20-21

    Docket 1472


    Tentative Ruling:

    Tentative for 6/16/21:


    The Court is inclined to APPROVE the Disclosure Statement as amended by the Errata filed 6/8/21 [Dk. 1488], and set the following dates/deadlines:


    1. Deadline to serve plan docs, including ballot – June 25, 2021


    2. Ballot return – July 23, 2021, at 5:00 p.m.


    3. Objections to confirmation – July 23, 2021


    4. Confirmation brief and ballot summary – August 4, 2021


    5. Reply to confirmation brief – August 11, 2021


    6. Confirmation hearing – August 18, 2021, at 1:30 p.m. A status report shall be 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

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11

by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606924889 Meeting ID: 160 692 4889

Password: 106099

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may 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 4889

Password: 106099


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

WJA Asset Management LLC Represented By

1:30 PM

CONT...


WJA Asset Management LLC


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


Chapter 11

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01033 Marshack v. 27 Diamonds


#16.00


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

  1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)

(PTC set at S/C held 7/15/2020)


FR: 6-10-20; 7-15-20; 8-19-20; 12-2-20; 2-3-21; 4-7-21


Docket 1

*** VACATED *** REASON: CONTINUED TO AUGUST 18, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRETRIAL CONFERENCE AND EXTEND ANY UPCOMING RELATED DEADLINES ENTERED 6-1-2021 - (DOCKET NO. [33])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

27 Diamonds Represented By

Andrew Edward Smyth

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack

1:30 PM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello Laila Masud

1:30 PM

8:21-11100


Alexander L Loukaides


Chapter 11


#17.00


STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan;

    And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 4/30/2021)

    (Order Entered 5-6-2021)


    Docket 12


    Tentative Ruling:

    Tentative for 6/16/21:


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


    1. Deadline to file Plan – July 29, 2021 (statutory deadline)


    2. Deadline to serve Plan – August 12, 2021


    3. Ballots Due – September 16, 2021


    4. Confirmation Brief Due – September 29, 2021


    5. Oppositions to Confirmation Brief due – October 6, 2021


    6. Replies due – October 13, 2021


    7. Confirmation Hearing & Continued Status Conference – October 20, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.

1:30 PM

CONT...


Alexander L Loukaides


Chapter 11


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1606924889 Meeting ID: 160 692 4889

Password: 106099

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may 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 4889

Password: 106099


For further details, please consult the 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

1:30 PM

CONT...


Alexander L Loukaides


Chapter 11

from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Alexander L Loukaides Represented By Andy C Warshaw

Arnold H. Wuhrman

Trustee(s):

Robert Paul Goe (TR) Pro Se

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#18.00


STATUS CONFERENCE Hearing RE: Compliance With The Mediation Order (Set per Order Entered 4-1-2021)


Docket 178

*** VACATED *** REASON: OFF CALENDAR - DUPLICATIVE OF CALENDAR NUMBER 19

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

The X-Law Group, PC, a Represented By Kurt Ramlo

Filippo Marchino

Filippo Marchino Represented By Kurt Ramlo

Filippo Marchino

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

1:30 PM

CONT...


Trustee(s):


Eagan Avenatti, LLP


John P. Reitman D Edward Hays Richard L Kellner Tinho Mang


Chapter 7

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman Meghan C Murphey Tinho Mang

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et


#19.00


CONT'D RULE 16 STATUS CONFERENCE Hearing RE: Second Amended Complaint For:

  1. Declaratory Judgment;

  2. Quantum Meruit;

  3. Violation Of The Automatic Stay, And Other Court Orders;

  4. Avoidance, Recovery, And Preservation Of Fraudulent Transfer (Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]

(Amended Complaint filed 10/26/2020)

(Rule 16 Pre-Trial Conference set per Order Entered 2/18/2021) (Second Amended Complaint filed 2/25/2021)

(S/C set at PTC held 4/15/2021)


FR: 8-4-20; 9-3-20; 9-10-20; 10-7-20; 10-21-20; 10-21-20; 1-20-21; 4-7-21;

4-15-21; 5-5-21


Docket 160


Tentative Ruling:

Tentative for 6/16/21:


Virtual appearances are required for the 6/16 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/1606924889

1:30 PM

CONT...


Eagan Avenatti, LLP


Chapter 7

Meeting ID: 160 692 4889

Password: 106099

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may 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 4889

Password: 106099


For further details, please consult the 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 5/5/21:


Virtual appearances are required.


**************************************************************************** Tentative for 4/15/21:


Virtual appearances are required.

1:30 PM

CONT...


Debtor(s):


Eagan Avenatti, LLP


Party Information


Chapter 7

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

Filippo Marchino

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 Richard L Kellner Tinho Mang

Trustee(s):

Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood

Judith E Marshack John P. Reitman

1:30 PM

CONT...


Eagan Avenatti, LLP


Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al


#20.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:

  1. Breach Of Fiduciary Duty;

  2. Aiding And Abetting Breach Of Fiduciary Duty;

  3. Avoidance Of Actual Fraudulent Transfers Under 11 U.S.C. Section 548(a) (1)(A);

  4. Avoidance Of Constructive Fraudulent Transfers Under 11 U.S.C. Section 548(a)(1)(B);

  5. Recovery Of Fraudulent Transfers Under 11 U.S.C. Sections 550 And 551;

  6. Avoidance And Recovery Of Actually Fraudulent Transfers Under 11 U.S.C. Section 544 And Cal. Civ. Code Section 3439.04;

  7. Avoidance And Recovery Of Constructively Fraudulent Transfers Under 11

    U.S.C. Section 544 And Cal. Civ. Code Section 3439.05

  8. Recovery Of Illegal Dividends Under Cal. Corp. Code Sections 500, 501 And 506;

  9. Equitable Subordination Of Claims Under 11 U.S.C. Section 510(c);

  10. Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(A);

  11. Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(C);

  12. Breach Of Contract;

  13. Money Lent;

  14. Open Book Account;

  15. Violation Of Cal. Penal Code Section 496(c);

  16. Accounting;

  17. Constructive Trust; And

  18. Misappropriation Of Trade Secrets (Complaint filed 3/11/2021)

(First Amended Complaint filed 4/29/2021)


FR: 6-2-21

Docket 1

*** VACATED *** REASON: CONTINUED TO JULY 28, 2021 AT 11:00

A.M. PER ORDER GRANTING STIPULATION FOR ENTRY OF ORDER SETTING A SCHEDULE FOR FILING FIRST AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO ENTERED 5-5-2021 - (DOCKET NO. [87])

1:30 PM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere Beachcomber Management Crystal Pro Se

Lighthouse Cafe, LLC Pro Se Beachcomber at Crystal Cove, LLC Pro Se Shake Shack Crystal Cove, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays

1:30 PM

CONT...


Ruby's Diner, Inc., a California corporation

Tinho Mang


Chapter 7

10:00 AM

8:16-12856


Michael Edward Favreau


Chapter 11

Adv#: 8:16-01229 Ruiz et al v. Favreau


#1.00


CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)


FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17; 12-14-17; 1-11-18; 5-3-18; 10-18-18;

10-25-18; 4-18-19; 12-19-19; 5-14-20; 12-3-20


Docket 16

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION BETWEEN CHRISTOPHER AND THERESA RUIZ AND MICHAEL EDWARD FAVREAU REGARDING DISMISSAL OF COMPLAINT ENTERED 6-4-2021 - (DOCKET NO. [49])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow

Favreau's Custom Woodworking, Represented By

Robert P Goe

Defendant(s):

Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin

10:00 AM

CONT...


Michael Edward Favreau


Chapter 11

Plaintiff(s):

Christopher P. Ruiz Represented By John W Lucas James Stang

Garrick A Hollander

Theresa-Keane Ruiz Represented By John W Lucas James Stang

Garrick A Hollander

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#2.00


CONT'D Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral And Turnover Of Estate Property

(Motion filed 9/22/2020)


FR: 9-23-20; 10-22-20; 11-5-20; 1-7-21; 2-18-21


Docket 15


Tentative Ruling:

Tentative for 6/17/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600037387 Meeting ID: 160 003 7387

Password: 952808


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 160 003 7387

Password: 952808


For further details, please consult the 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 2/18/21:


Virtual appearances are required.


***************************************************************************** Tentative for 1/7/21.


Virtual appearances are required.


******************************************************************************** Tentative for 11/5/20:


Virtual appearances are required.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

11:00 AM

CONT...


Movant(s):


Golden Hotel LLC


Timothy W Evanston


Chapter 11

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#3.00


CONT'D Hearing RE: Motion For Order Authorizing Debtors To Obtain Second Unsecured Line Of Credit Pursuant To 11 U.S.C. Section 364(b)

(Motion filed 12/24/2020) FR: 1-21-21; 2-18-21

Docket 146


Tentative Ruling:

Tentative for 6/17/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600037387 Meeting ID: 160 003 7387

Password: 952808


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Meeting ID: 160 003 7387

Password: 952808


For further details, please consult the 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 2/18/21:


Virtual appearances are required.


****************************************************************************** Tentative for 1/21/21 is to GRANT authorization through and including February 18, 2021, and set a continued hearing date on February 18, 2021, at 11:00 a.m., to be heard concurrently with the continued cash collateral motion and other related matters. A status report shall be provided no later than 14 days prior to the continued hearing.


While the Motion [Dk. 146] requests authorization to borrow funds to cover expenses through and including March 21, 2021, the Court notes that the Reply [Dk. 168] requests authorization to cover expenses through and including February 18, 2021.


Virtual appearances are required.

Party Information

11:00 AM

CONT...

Debtor(s):


Golden Hotel LLC


Chapter 11

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Timothy W Evanston

Golden Capital Venture LLC Represented By Michael Simon

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#4.00


CONT'D Hearing RE: Motion For Order Disallowing, Or, Alternatively, Reducing Claim Nos. 11-1 And 2-1 of Wells Fargo Bank, Pursuant To 11 U.S.C. Sections 502(b) And (d), And 506(b)

(Motion filed 2/4/2021)


FR: 3-11-21; 4-8-21; 4-8-21; 5-6-21


Docket 185


Tentative Ruling:

Tentative for 6/17/21:


The Court is inclined to set this matter for an evidentiary hearing (virtual or in person, depending upon the preference of the parties) on one of the following dates:


August 5, 2021, at 1:30 p.m.

August 19, 2021, at 1:30 p.m.

September 2, 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/1600037387 Meeting ID: 160 003 7387

11:00 AM

CONT...


Golden Hotel LLC


Chapter 11

Password: 952808

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 003 7387

Password: 952808


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

Movant(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon

11:00 AM

CONT...


Golden Hotel LLC


Timothy W Evanston


Chapter 11

Golden Capital Venture LLC Represented By

Lei Lei Wang Ekvall Robert S Marticello Michael Simon Timothy W Evanston

Golden Capital Venture LLC Represented By Michael Simon

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#5.00


Hearing RE: Confirmation Of First Amended Joint Chapter 11 Plan Of Reorganization Of Golden Hotel LLC And Golden Capital Venture LLC (D.S. filed 12/21/20)

(Chapter 11 Plan filed 12/21/2020)

(Confirmation hearing set at D.S. held 2/18/2021) (First Amended Plan filed 3/5/2021)


FR: 2-18-21


Docket 229

*** VACATED *** REASON: CONTINUED TO JULY 29, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO CONTINUE PLAN CONFIRMATION HEARING AND RELATED DEADLINES AND CONTINUING STATUS CONFERENCE ENTERED 4-7-2021 - (DOCKET NO. [273])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

8:20-12636


Golden Hotel LLC


Chapter 11


#6.00


CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference

(Petition filed 9/21/2020) FR: 11-5-20; 2-18-21

Docket 93

*** VACATED *** REASON: CONTINUED TO JULY 29, 2021 AT 11:00

A.M. PER ORDER APPROVING STIPULATION TO CONTINUE PLAN CONFIRMATION HEARING AND RELATED DEADLINES AND CONTINUING STATUS CONFERENCE ENTERED 4-7-2021 - (DOCKET NO. [273])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Golden Hotel LLC Represented By

Lei Lei Wang Ekvall Michael Simon Timothy W Evanston

11:00 AM

8:20-13447


Jump Westminster, LLC


Chapter 11


#7.00


CONT'D Hearing RE: Motion To Confirm Rejection Of Unexpired Lease And Compel The Debtor To Immediately Surrender Possession Of The Premises (Motion filed 4/28/2021)


FR: 6-3-21


Docket 52


Tentative Ruling:

Tentative for 6/17/21:


This matter shall be CONTINUED to July 1, 2021, at 11:00 a.m. A status report is due not later than 7 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


Appearances for the 6/17 hearing are excused.

Party Information

Debtor(s):

Jump Westminster, LLC Represented By Michael G York

Movant(s):

Washington Prime Group Inc. Represented By Kenneth Hennesay Ronald E Gold

11:00 AM

8:20-13447


Jump Westminster, LLC


Chapter 11


#8.00


CONT'D Hearing RE: Motion Of Washington Prime Group, Inc.To Compel Immediate Payment Of Post Petition Rent

(Motion filed 4/28/2021) FR: 6-3-21

Docket 54


Tentative Ruling:

Tentative for 6/17/21:


This matter shall be CONTINUED to July 1, 2021, at 11:00 a.m. A status report is due not later than 7 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


Appearances for the 6/17 hearing are excused.

Party Information

Debtor(s):

Jump Westminster, LLC Represented By Michael G York

Movant(s):

Washington Prime Group Inc. Represented By Kenneth Hennesay Ronald E Gold

11:00 AM

8:20-13447


Jump Westminster, LLC


Chapter 11


#9.00


CONT'D Motion for relief from stay [Unlawful Detainer]


Westminster Mall, LLC vs. DEBTOR (Motion filed 5/7/2021)


[RE: 1025 Westminster Mall, #2086A, Westminster CA 92683]


FR: 6-3-21


Docket 68


Tentative Ruling:

Tentative for 6/17/21:


This matter is CONTINUED to July 28, 2021, at 1:30 p.m. to allow Movant to effectuate proper service of this Motion pursuant to the below.


The Court notes that the Movant has not properly served this motion upon Debtor and the 20 Largest Creditors in accordance with FRBP 9014(b), as incorporated by FRBP 4001(a)(1), and 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.” The proof of service reflects that Debtor and 20 Largest Creditors were served, but does not indicate that service was directed to the attention of an officer or agent as required.


Appearances for the 6/17 hearing are excused.

Party Information

Debtor(s):

Jump Westminster, LLC Represented By Michael G York

11:00 AM

CONT...


Jump Westminster, LLC


Chapter 11


Tuesday, June 22, 2021 Hearing Room 5C


10:00 AM

8:19-14348


Alisandro Romero


Chapter 7

Adv#: 8:20-01015 Petersen v. Romero


#1.00


TRIAL 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; 10-21-20; 3-3-21; 3-24-21

Docket 1

Party Information

Debtor(s):

Alisandro Romero Represented By Rex Tran Thomas J Polis

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

6:18-20287


Charles Braden


Chapter 7


#1.00


Burke, Williams & Sorensen, LLP - movant attorney Motion for Relief from Stay

Orange County Flood Control District (Motion filed 6/4/21)


Re: ACTION IN NON-BANKRUPTCY FORUM RE: 7310 Pine Avenue, Chino, CA 91710.


EH            


Docket 69


Tentative Ruling:

Tentative for 6/29/21:


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: 160 075 4585


Password: 757917

10:00 AM

CONT...


Charles Braden


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Charles Braden Represented By Natalie A Alvarado

Movant(s):

Orange County Flood Control Represented By Joseph P Buchman

Trustee(s):

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

10:00 AM

6:20-10046


Jerome Fredrick Roehm and Shay Roehm


Chapter 7


#2.00


Hrg. on Trustee's Final Report and Applications for Compensation


[Howard Grobstein, chapter 7 trustee] [Fees: $2979.54; Expenses: $0]


[Accountant for chapter 7 trustee] [Fees: $4147.50; Expenses: $408.64]


Docket 53


Tentative Ruling:

Tentative for 6/29/21 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: 160 075 4585


Password: 757917


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

10:00 AM

CONT...

Debtor(s):


Jerome Fredrick Roehm and Shay Roehm


Chapter 7

Jerome Fredrick Roehm Represented By Julie J Villalobos

Joint Debtor(s):

Shay Roehm Represented By

Julie J Villalobos

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:20-13230


Michael Cadovec


Chapter 7


#3.00


Hrg. on Chapter 7 Trustee's Final Report and Applications for Compensation EH     

[Karl T. Anderson, chapter 7 trustee] [Fees: $1264.84; Expenses: $64.08]


Docket 31


Tentative Ruling:

Tentative for 6/29/21 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: 160 075 4585


Password: 757917


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

10:00 AM

CONT...

Debtor(s):


Michael Cadovec


Chapter 7

Michael Cadovec Represented By Scott Talkov

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-14881


Melinda Christina Bravo and Daniel Rico


Chapter 7


#4.00


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

Exeter Finance LLC vs. DEBTORS, Karl T. Anderson, trustee (Motion filed 6/2/21)


Re: 2018 Nissan Rogue, VIN: KNMAT2MT2JP587869


Docket 44


Tentative Ruling:

Tentative for 6/29/21:


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: 160 075 4585


Password: 757917


Parties making telephonic appearances are reminded to have all relevant

10:00 AM

CONT...


Melinda Christina Bravo and Daniel Rico


Chapter 7

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Melinda Christina Bravo Represented By Poonam Kaur Koch

Joint Debtor(s):

Daniel Rico Represented By

Poonam Kaur Koch

Movant(s):

Exeter Finance LLC Represented By Sheryl K Ith

Trustee(s):

Karl T Anderson (TR) Represented By Rika Kido

10:00 AM

6:21-12149


Oscar Ernesto Alvarez


Chapter 7


#5.00


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

Exeter Finance LLC vs. DEBTOR, Todd Frealy, trustee (Motion filed 6/2/21)


Re: 2014 GMC Yukon, VIN: 1GKS1MEF0ER211488


EH     


Docket 11


Tentative Ruling:

Tentative for 6/29/21:


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: 160 075 4585


Password: 757917

10:00 AM

CONT...


Oscar Ernesto Alvarez


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Oscar Ernesto Alvarez Represented By Steven A Alpert

Movant(s):

Exeter Finance LLC Represented By Sheryl K Ith

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-12548


Thomas S. Smith and Racquel M. Smith


Chapter 7


#6.00


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

Americredit Financial Services vs. DEBTOR, Todd Frealy, trustee (Motion filed 6/3/21)


Re: 2018 Chevrolet Silverado 1500, VIN: 3GCPCREC4JG577026 EH            

Docket 12


Tentative Ruling:

Tentative for 6/29/21:


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: 160 075 4585


Password: 757917

10:00 AM

CONT...


Thomas S. Smith and Racquel M. Smith


Chapter 7

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Thomas S. Smith Represented By

C Scott Rudibaugh

Joint Debtor(s):

Racquel M. Smith Represented By

C Scott Rudibaugh

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-10700


Javier A Garcia Hernandez


Chapter 7

Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.


#7.00


CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay


From: 11/4/20,12/16/20, 2/17/20, 3/2/21,5/4/21 EH             

Docket 1


Tentative Ruling:

Revised Tentative for 6/29/21:


In light of the Notice of Dismissal filed 6/27/21 [Dk. 30], this status conference is CONTINUED to August 31, 2021, at 11:00 a.m. as a holding date. If this matter is not otherwise taken off calendar, a status report which details the status of settlement discussions is due not later than 14 days before the continued hearing.


Appearances for the 6/29 hearing are excused.


***************************************************************************** Tentative for 5/4/21:


This status conference is CONTINUED to June 21, 2021. The parties are instructed to file a revised status report which complies with the applicable rules, set forth below.


LBR 7016-1(a)(2) requires that a status report be filed at least 14 days before the date set for the status conference using a mandatory court form (which is accessible on the external court website). Having reviewed the status report filed 4/27/21 [Dk. 27], the Court notes that it is not timely filed, as it was filed only 7 days prior the hearing date, is not provided utilizing the mandatory

11:00 AM

CONT...


Javier A Garcia Hernandez


Chapter 7

form, and is unhelpful to the Court as it does not provide the requisite information provided for in the mandatory court form.


Pursuant to LBR 7016-1(f), future non-compliance may result in monetary or non-monetary sanctions, including dismissal of the complaint.


Appearances for the 5/4 hearing are excused.

Party Information

Debtor(s):

Javier A Garcia Hernandez Represented By

George C Panagiotou

Defendant(s):

Curacao, LTD A California Limited Represented By

Raffi Kassabian

Southwest Law Group PC Represented By Raffi Kassabian

Ramy Wasef Shoukry Represented By Raffi Kassabian

Adir International, LLC d.b.a. LA Represented By

Raffi Kassabian

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

11:00 AM

6:20-17530


Ruby Ramirez


Chapter 7

Adv#: 6:21-01024 Edessa, Inc., a California corporation v. Ramirez


#8.00


CONT. STATUS CONFERENCE re: Complaint by Edessa, Inc., a California corporation against Ruby Ramirez


From: 5/4/21 EH            

Docket 1

*** VACATED *** REASON: JUDGMENT ENTERED 6/23/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby Ramirez Represented By Daniel King

Defendant(s):

Ruby Ramirez Pro Se

Plaintiff(s):

Edessa, Inc., a California corporation Represented By

Karel G Rocha

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-17978


Aurora Sanchez Hernandez


Chapter 7

Adv#: 6:21-01050 Whitmore v. Hernandez


#9.00


STATUS CONFERENCE re: Complaint by Robert Whitmore against Isidro Hernandez for (1) Avoidance of Intentional Fraudulent Transfer, (2) Avoidance of Constructive Fraudulent Transfer, (3) Recovery, (4) Preservation, and (5) Disallowance of Claim

EH            


Docket 1

*** VACATED *** REASON: CONTINUED TO 8/31/21 BY ORDER ENTERED 6/15/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aurora Sanchez Hernandez Pro Se

Defendant(s):

Isidro Hernandez Pro Se

Plaintiff(s):

Robert Whitmore Represented By Donald W Reid

Trustee(s):

Robert Whitmore (TR) Represented By Donald W Reid

11:00 AM

6:21-10514


James E Washington and Jawana C Washington


Chapter 7


#10.00


U.S. Trustee's Motion filed 6/7/21 to Dismiss Case for Abuse and Notice of Motion (BNC) to Dismiss Bankruptcy Case & Contingent Motion to Extend Discharge Deadline


EH            


Docket 24


Tentative Ruling:

Tentative for 6/29/21 is to GRANT and DISMISS.


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: 160 218 9280


Password: 681966


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

James E Washington Represented By

11:00 AM

CONT...


James E Washington and Jawana C Washington

Julie J Villalobos


Chapter 7

Joint Debtor(s):

Jawana C Washington Represented By Julie J Villalobos

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:21-10041


Empire Transportation Services, Inc.


Chapter 7


#10.10


Hrg. on Debtor's Motion filed 6/17/21 to Dismiss or to Convert to Chapter 11 EH             

Docket 64

*** VACATED *** REASON: CONTINUED TO 7/27/21 RE DOC. 67

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Empire Transportation Services, Inc. Represented By

Thomas M Alexander Jr

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim Carmela Pagay

11:00 AM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#10.20


Hrg. on Chapter 11 Trustee's Motion Pursuant To Rule 8002(B)(2) Of The Federal Rules Of Bankruptcy Procedure To Suspend Appeal And Strike Appeal Pleadings Pending Disposition Of Motion For Reconsideration Of The Courts May 27th Order Approving Compromise Of Controversy Between Trustee And Us Metro Bank Pursuant To Rule 9019 Of The Federal Rules Of Bankruptcy Procedure


(OST signed 6/24/21) EH     

Docket 491


Tentative Ruling:

Tentative for 6/29/21 is to DENY. Virtual appearances are required.

The relief requested in Trustee’s Motion appears unnecessary as the pending motion for reconsideration has already tolled the relevant appeal deadlines.

The rule is self-effectuating; FRBP 8002(b)(2) unambiguously states that a "notice becomes effective when the order disposing of the last such remaining motion is entered." Here, as Trustee admits, the notice of appeal is not yet effective in light of the pending motion for reconsideration. It follows that any deadlines triggered by the notice of appeal would likewise be tolled until it becomes effective. See Enviropur Waste Ref. & Technology v. PRC- Patterson (In re PRC-Patterson), 174 B.R. 113, 113 (B.A.P. 9th Cir. 1994).


Additionally, while Trustee is concerned about including the motion for reconsideration in the record on appeal, this concern is also addressed by the applicable rules. FRBP 8009(a)(1) and (2) clearly states that an appellant designation and statement which is served "prematurely" must be treated as "served" on "the first day on which filing is timely," and that an appellee is not required to file their designation of additional items to be included on the

11:00 AM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

record until 14 days after "being served." A plain reading of FRBP 8009(a)(2) indicates that Trustee is not required to file a designation until the appellant’s notice of appeal becomes effective (i.e., after this Court’s disposition of the motion for reconsideration), and that Trustee shall have sufficient time under the existing rules to seek inclusion of the motion for reconsideration and related order into the record on appeal.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1602189280 Meeting ID: 160 218 9280

Password: 681966

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 218 9280

Password: 681966

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

11:00 AM

CONT...

Ben Clymer's The Body Shop Perris Inc.

Chapter 11

Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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 Todd A Frealy

1:30 PM

6:19-13381


Banner Mattress, Inc.


Chapter 7

Adv#: 6:21-01005 Bui v. Barrette Outdoor Living Inc., an Ohio Corporation


#11.00


CONT. STATUS CONFERENCE re: Complaint by Lynda T. Bui against Barrette Outdoor Living Inc., an Ohio Corporation dba Barrette Wood USA, Inc..For: 1) Avoidance of Preferential Transfers and Recovery of Same [11 U.S.C. §§ 547, 550] 2) Preservation of Avoided Transfers [11 U.S.C. § 551]; and Disallowance of Claims [11 U.S.C. § 502(d)]


From: 4/6/21 EH            

Docket 1

*** VACATED *** REASON: CONTINUED TO 8/31/21 BY ORDER ENTERED 6/3/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Banner Mattress, Inc. Represented By Daniel J Weintraub James R Selth

Crystle Jane Lindsey

Defendant(s):

Barrette Outdoor Living Inc., an Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

Trustee(s):

Lynda T. Bui (TR) Represented By

1:30 PM

CONT...


Banner Mattress, Inc.


James C Bastian Jr Rika Kido


Chapter 7

1:30 PM

6:20-16132


MILES D. THOMPSON


Chapter 7

Adv#: 6:20-01203 D'Aquila et al v. Thompson


#12.00


CONT. STATUS CONFERENCE re: Complaint by Emory D'Aquila, Zachary D'Aquila against MILES D. THOMPSON for denial of discharge pursuant to 727 and determination of dischargeability pursuant to 523(a)(2)(A), (a)(4), and (a)(6)


From: 3/2/21 EH            

Docket 1

*** VACATED *** REASON: CONTINUED TO 2/1/22 BY ORDER ENTERED 6/24/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

MILES D. THOMPSON Represented By Jeffrey T Gwynn

Defendant(s):

MILES D. THOMPSON Pro Se

Plaintiff(s):

Emory D'Aquila Represented By Solomon A Cheifer

Zachary D'Aquila Represented By Solomon A Cheifer

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:20-16132


MILES D. THOMPSON


Chapter 7

Adv#: 6:20-01204 Wallace v. Thompson


#13.00


CONT. STATUS CONFERENCE RE: Complaint by Peter Wallace against MILES D. THOMPSON for nondischargeability causes of action under 523(a)(2), (a)(4) and (a)(6)


From: 3/2/21 EH            

Docket 1

*** VACATED *** REASON: CONTINUED TO 2/1/2022 BY ORDER ENTERED 6/23/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

MILES D. THOMPSON Represented By Jeffrey T Gwynn

Defendant(s):

MILES D. THOMPSON Pro Se

Plaintiff(s):

Peter Wallace Represented By

Caroline Djang

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

8:17-11743


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


#1.00


CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization

(D.S. filed 6/4/2020)

(First Amended D.S filed 7/30/2020)

(Plan Confirmation hearing set at D.S. hearing held 7/16/2020) (First Amended Plan filed 7/30/2020)


FR: 7/16/20; 10-1-20; 11-5-20; 12-17-20; 1-21-21; 3-25-21; 5-6-21


Docket 357

*** VACATED *** REASON: CONTINUED TO AUGUST 18, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ON CONFIRMATION OF THE TRUSTEE'S FIRST AMENDED PLAN OF REORGANIZATION ENTERED 6-21-2021 - (DOCKET NO. [432])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

1:30 PM

8:17-11743


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


#2.00


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

(Petition filed 5/1/17)


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

8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20;

7-16-20; 10-1-20; 11-5-20; 12-17-20; 1-21-21; 3-25-21; 5-6-21


Docket 6

*** VACATED *** REASON: CONTINUED TO AUGUST 18, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ON CONFIRMATION OF THE TRUSTEE'S FIRST AMENDED PLAN OF REORGANIZATION ENTERED 6-21-2021 - (DOCKET NO. [432])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilio Romero Murrietta Represented By Andrew S Bisom

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

1:30 PM

8:20-13137


Sherry Lee Jones


Chapter 7

Adv#: 8:21-01012 Jones v. Navient Corporation et al


#3.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint:

  1. To Determine The Dischargeability Of Student Loan Debt As Undue Hardship; And (2) For Declaratory Judgment

    (Complaint filed 3/1/2021)

    (First Amended Complaint filed 3/31/2021)

    (Navient Corporation (ONLY) dismissed 4-12-2021 - docket no. [8])

    (Another Summons issued 4/13/2021) FR: 5-19-21

    Docket 5


    Tentative Ruling:

    Tentative for 6/30/21:


    Virtual appearances are required.


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


    1. Discovery cutoff: October 29, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: December 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


    3. Pretrial conference: January 19, 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 subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.

1:30 PM

CONT...


Sherry Lee Jones


Chapter 7

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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1619435794 Meeting ID: 161 943 5794

Password: 166285

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 943 5794

Password: 166285


For further details, please consult the 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

1:30 PM

CONT...


Sherry Lee Jones


Chapter 7

https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Sherry Lee Jones Represented By

J Scott Williams

Defendant(s):

Navient Corporation Represented By Dennis C. Winters

Pennsylvania Higher Education Pro Se

Nelnet Inc. Pro Se

Loma Linda University Represented By Marcus Tompkins

Educational Credit Management Represented By

Scott A Schiff

Educational Credit Management Represented By

Scott A Schiff

United States Department of Represented By Elan S Levey

Plaintiff(s):

Sherry Lee Jones Represented By

J Scott Williams

Trustee(s):

Thomas H Casey (TR) Pro Se

1:30 PM

8:20-11939


Vasken K Kiladjian


Chapter 7

Adv#: 8:20-01139 Kiladjian v. Kiladjian


#4.00


CONT'D Hearing RE: Motion To Dismiss Complaint Under Federal Rules Of Civil Procedure 12(b)(3) And (b)(6)

(Motion filed 11/27/2020) FR: 1-7-21

Docket 8

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE

AND MOTION TO DISMISS HEARING ENTERED 6-15-2021 - (DOCKET NO. [23])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Defendant(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Movant(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Plaintiff(s):

Beth Kiladjian Represented By Robert P Goe Charity J Manee

1:30 PM

CONT...

Trustee(s):


Vasken K Kiladjian


Chapter 7

Mark M Sharf (TR) Represented By Arturo M Cisneros Nathan F Smith

1:30 PM

8:20-11939


Vasken K Kiladjian


Chapter 7

Adv#: 8:20-01139 Kiladjian v. Kiladjian


#5.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Judgment And Nondischargeability Of Debt

(Complaint filed 9/28/2020) FR: 12-17-20; 1-7-21

Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE

AND MOTION TO DISMISS HEARING ENTERED 6-15-2021 - (DOCKET NO. [23])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Defendant(s):

Vasken K Kiladjian Represented By Kelly H. Zinser

Plaintiff(s):

Beth Kiladjian Represented By Robert P Goe Charity J Manee

Trustee(s):

Mark M Sharf (TR) Represented By Arturo M Cisneros

1:30 PM

CONT...


Vasken K Kiladjian


Nathan F Smith


Chapter 7

1:30 PM

8:20-12329


Christopher Alexander Todero


Chapter 11


#6.00

Hearing RE: Motion To Sell Real Property Pursuant To 11 U.S.C. Section 363


Docket 132


Tentative Ruling:

Tentative for 6/30/21:


Virtual appearances are required.


Debtor and SubV Trustee should virtually attend the hearing and be prepared to discuss the following issues with the Court:


  1. The Notice of Sale does not comply with LBR 6004-1(c)(3)(F) & (I) (i.e., the notice does not include reference to tax consequences of sale, or the requirements necessary to become a Qualified Bidder as set forth in the Motion)


  2. Service of the Motion does not appear to comply with FRBP 6004(c) as to lienholders Cardlock Fuel Systems, Inc. and County of Orange. Further, the proof of service does not comply with LBR 9013-3(d), which requires that the proof of service explicitly reference how each person or entity is related to the case.


    FRBP 6004(c) is applicable where, as here, the sale of property is sought free and clear of liens and other interests. FRBP 6004(c) incorporates a requirement to serve lienholders pursuant to FRBP 9014. FRBP 9014 requires service pursuant to FRCP 7004.


    FRCP 7004(b)(3) requires service upon a corporation be made to the attention of "an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process." Debtor's proof of service does not reflect that Cardlock Fuel Systems, Inc., a corporate lienholder, was properly served to an officer/agent of the entity.

    1:30 PM

    CONT...


    Christopher Alexander Todero


    Chapter 11

    Additionally, FRCP 7004(b)(6) requires service upon a municipality to the attention of "the person or office upon which process is prescribed to be served by the law of the state" or, in the absence of such designation by state law, the "chief executive officer thereof." Debtors proof of service does not reflect that service was properly made to the County of Orange, a municipal lienholder.


  3. The Motion does not provide any marketing information, which is necessary for the Court to determine reasonableness of value.


  4. The Motion does not describe how Debtor and Buyer are personally acquainted; nor does it address the potential effect of such acquaintance on a Section 363(m) finding.


  5. The Motion does not fully articulate whether the estate will obtain fair value from the sale considering Debtor's intention to sell the property at approximately $150,000 less than the asserted unverified market value, while waiving his homestead exemption worth only $100,000. While the Court acknowledges a potential savings through the elimination of a broker, without additional information, the Court cannot properly weigh the value of the associated benefit, if any.


  6. The Motion does not fully demonstrate an exercise of Debtor's asserted sound business judgment. A debtor must articulate a business justification for the sale of estate property. In re Walter, 83 B.R. 14, 19–20 (9th Cir. BAP 1988). Whether the articulated business justification is sufficient "depends on the case," in view of "all salient factors pertaining to the proceeding." Id. at 19–20. Other than asserting that the sale is within Debtor's business judgment, Debtor provides no facts or other information from which the Court can determine that a sound business justification actually exists. The proposed sale appears to provide Debtor with more benefit, personally, while failing to maximize the benefit to the estate.


  7. If the sale is approved, the Motion does not include the proposed language to be included in the order approving the sale to render the waiver of the homestead exemption legally enforceable.

1:30 PM

CONT...


Christopher Alexander Todero


Chapter 11

Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1619435794 Meeting ID: 161 943 5794

Password: 166285

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 943 5794

Password: 166285


For further details, please consult the 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,

1:30 PM

CONT...


Christopher Alexander Todero


Chapter 11

"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Movant(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01048 Marshack v. Queen Funding LLC


#7.00


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

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

  2. Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);

  3. Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;

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

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

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

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

  8. Fraud;

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

    And

  10. Declaratory Relief; And

  11. Usury

(Complaint filed 3/20/19)

(Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)

(PTC converted to S/C per Order Entered 6/24/2020 (docket no. [24])

(PTC set per Order Entered 12/28/20, - (docket no. [79])


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 31

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO EXTEND SCHEDULING DEADLINES AND CONTINUE PRE-TRIAL CONFERENCE ENTERED 5-19-2021 - (DOCKET NO.: [84])

Tentative Ruling:

- NONE LISTED -

1:30 PM

CONT...


Debtor(s):


Luminance Recovery Center, LLC

Party Information


Chapter 7

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Queen Funding LLC Represented By Gene W Rosen

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 Robert S Marticello Laila Masud

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#8.00


Hearing RE: Motion Of (1) WJA Asset Management, LLC, To Use Its Interest As Manager Pursuant To 11 U.S.C. Section 363(b)(1) To Dissolve CA See Jane Go Fund, LLC, CA Whirl Fund, LLC, Urban Produce Fund, LLC, And Whirl Fund, LLC, And (2) CA See Jane Go Fund, LLC, CA Whirl Fund, LLC, Urban Produce Fund, LLC, And Whirl Fund, LLC, To Dismiss Their Bankruptcy Cases Under 11

U.S.C. Section 1112(b)(1) (Motion filed 6/9/2021)


Docket 1491


Tentative Ruling:

Tentative for 6/30/21 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: 161 943 5794


Password: 166285


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

1:30 PM

CONT...

Debtor(s):


WJA Asset Management LLC


Chapter 11

WJA Asset Management LLC Represented By

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

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

11:00 AM

8:19-13728


Thompson National Properties, LLC


Chapter 11


#1.00


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

Management Conference And (2) Requiring Status Report (Petition filed 9/26/19)

(Post-Effective S/C set at Plan hrg. held 12/3/2020)


FR: 11-21-19; 1-9-20; 4-16-20; 8-6-20; 8-20-20; 9-24-20; 12-3-20; 3-24-21


Docket 5


Tentative Ruling:

Tentative for 7/1/21:


This matter is CONTINUED to November 3, 2021, at 1:30 p.m. A status report is due 14 days in advance.


Appearances for the 7/1 hearing are excused.


***************************************************************************** Tentative for 3/25/21 is to CONTINUE to July 1, 2021, at 11:00 a.m. A status report is due 14 days in advance.


Appearances for the 3/25 hearing are excused.


***************************************************************************** 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.

Party Information

Debtor(s):

Thompson National Properties, LLC Represented By

11:00 AM

CONT...


Thompson National Properties, LLC


Leonard M Shulman


Chapter 11

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#2.00


CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Abandonment Of Property Of The Estate (Debtor's Beneficial Interest In Irrevocable Trust) Pursuant To 11 U.S.C. Section 554(a) Or In The Alternative,

  1. Authorizing The Sale Of The Property At Auction (Motion filed 4/26/2021)


    FR: 5-19-21; 6-2-21; 6-16-21


    Docket 1084


    Tentative Ruling:

    Tentative for 7/1/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1619993031 Meeting ID: 161 999 3031

    Password: 661955


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

    11:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7

    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

    Meeting ID: 161 999 3031

    Password: 661955


    For further details, please consult the 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 6/16/21 is to GRANT.


    Note: In light of the notice of withdrawal filed 6/15/21 [Dk. 1105], 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.


    Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Andrea Steinmann Downs


    Chapter 7

    Andrea Steinmann Downs Pro Se

    Movant(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    11:00 AM

    8:16-12589


    Andrea Steinmann Downs


    Chapter 7


    #2.10


    Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Personal Property Free And Clear Of Liens, Claims, And Interests Pursuant To 11 U.S.C. Sections 363(b) And (f); And (2) Approving Overbid Procedures (Motion filed 6/18/2021)


    Docket 1108


    Tentative Ruling:

    Tentative for 7/1/21:


    Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


    Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


    Videoconference URL: https://cacb.zoomgov.com/j/1619993031 Meeting ID: 161 999 3031

    Password: 661955


    If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


    Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


    Meeting ID: 161 999 3031

    11:00 AM

    CONT...


    Andrea Steinmann Downs


    Chapter 7


    Password: 661955


    For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


    Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


    As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

    Party Information

    Debtor(s):

    Andrea Steinmann Downs Pro Se

    Movant(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    Trustee(s):

    Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

    11:00 AM

    8:20-13447


    Jump Westminster, LLC


    Chapter 11


    #3.00


    CONT'D Hearing RE: Motion Of Washington Prime Group, Inc.To Compel Immediate Payment Of Post Petition Rent

    (Motion filed 4/28/2021) FR: 6-3-21; 6-17-21

    Docket 54


    Tentative Ruling:

    Tentative for 7/1/21:


    This matter is CONTINUED to July 28, 2021, at 1:30 p.m. A status report is due not later than 14 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


    Appearances for the 7/1 hearing are excused.


    **************************************************************************** Tentative for 6/17/21:


    This matter is CONTINUED to July 1, 2021, at 11:00 a.m. A status report is due not later than 7 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


    Appearances for the 6/17 hearing are excused.

    Party Information

    Debtor(s):

    Jump Westminster, LLC Represented By Michael G York

    Movant(s):

    Washington Prime Group Inc. Represented By Kenneth Hennesay

    11:00 AM

    CONT...


    Jump Westminster, LLC


    Ronald E Gold


    Chapter 11

    11:00 AM

    8:20-13447


    Jump Westminster, LLC


    Chapter 11


    #4.00


    CONT'D Hearing RE: Motion To Confirm Rejection Of Unexpired Lease And Compel The Debtor To Immediately Surrender Possession Of The Premises (Motion filed 4/28/2021)


    FR: 6-3-21; 6-17-21


    Docket 52


    Tentative Ruling:

    Tentative for 7/1/21:


    This matter is CONTINUED to July 28, 2021, at 1:30 p.m. A status report is due not later than 14 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


    Appearances for the 7/1 hearing are excused.


    **************************************************************************** Tentative for 6/17/21:


    This matter is CONTINUED to July 1, 2021, at 11:00 a.m. A status report is due not later than 7 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


    Appearances for the 6/17 hearing are excused.

    Party Information

    Debtor(s):

    Jump Westminster, LLC Represented By Michael G York

    Movant(s):

    Washington Prime Group Inc. Represented By Kenneth Hennesay

    11:00 AM

    CONT...


    Jump Westminster, LLC


    Ronald E Gold


    Chapter 11

    10:00 AM

    8:19-10661


    Huy Quang Dao


    Chapter 7

    Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al


    #1.00


    Hearing RE: Plaintiff's Ex Parte Motion To Amend Expert Designation (Motion filed 4/8/2021)


    Docket 50


    Tentative Ruling:

    Tentative for 7/6/21 is to GRANT.


    Plaintiffs filed Expert Disclosure documents on 11/20/20 [Dk. 48], identifying two exhibits, but inadvertently failing to attach the contents of Exhibit 1 (the designated expert's report). Plaintiffs' counsel argues that the failure to attach the report was an excusable mistake, and Plaintiffs should be allowed to amend the document to include the missing report.


    Plaintiffs' counsel argues that he was unaware of the error until April 4, 2021, when he began preparing for the trial then-scheduled to begin on May 10, 2021, and that he took immediate steps to contact Defendants' counsel, he produced the report, agreed to allow any depositions pertaining to the report, and filed the instant motion with the Court. The docket does not reflect an opposition to the motion.


    The Supreme Court has decided that courts should engage in the equitable analysis specified in Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380 (1993) when deciding what sort of mistake is excusable. Aside from the fact that Plaintiffs' counsel had complete control over preventing the error, the remaining Pioneer factors weigh slightly in favor of a finding of that the mistake at issue was excusable. This is especially the case where, as here, Defendants have not articulated any prejudice, and Plaintiffs' counsel took steps to alleviate any potential prejudice suffered by Defendants as soon as he became aware of the error (i.e., agreeing to waive the discovery deadline to allow Defendants to conduct additional depositions, etc.).


    Taking into account all relevant circumstances surrounding Plaintiffs'

    10:00 AM

    CONT...


    Huy Quang Dao


    Chapter 7

    omission, the Court finds that the neglect was excusable, and is inclined to GRANT the motion to amend.


    Appearances are required in Courtroom 5C.

    Party Information

    Debtor(s):

    Huy Quang Dao Represented By Denise Ho

    Defendant(s):

    Huy Quang Dao Represented By Denise Ho

    Kellie Ho Ta Represented By

    Denise Ho

    Joint Debtor(s):

    Kellie Ho Ta Represented By

    Denise Ho

    Movant(s):

    Ho Jung Kim DDS, Inc. Represented By Michael E Sayer Michael E Sayer Denise Ho Denise Ho

    Plaintiff(s):

    Ho Jung Kim DDS, Inc. Represented By Michael E Sayer Denise Ho

    Trustee(s):

    Weneta M Kosmala (TR) Pro Se

    10:00 AM

    8:19-10661


    Huy Quang Dao


    Chapter 7

    Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al


    #2.00


    CONT'D TRIAL RE: Complaint Seeking Damages In Core Adversary Proceedings

    (Complaint filed 6/10/19) (PTC set at S/C held 9/4/19)

    (Trial set at PTC held 10/21/2020)


    FR: 9-4-19; 5-13-20; 9-16-20; 9-23-20; 5-10-21


    Docket 1


    Tentative Ruling:

    Tentative for 7/6/21:


    Appearances are required in Courtroom 5C.


    ***************************************************************************** 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.


    ***************************************************************************** Tentative for 9/23/20:


    Virtual appearances are required. The pretrial stipulation is unacceptable and is DENIED for the following reasons:


    1. The pretrial stipulation does not contain a joint exhibit list or witness list as required by LBR 7016-1(b)(D)-(E) and was filed late. It was filed on 9/16/20

      10:00 AM

      CONT...


      Huy Quang Dao


      Chapter 7

      [Dk. 40]; however, it was due on 9/9/20.


    2. The pretrial stipulation at §5, pg. 6:6-7, states that Defendant Kellie Ho Ta intends to file a motion to dismiss. The Court will not entertain a motion to dismiss as the deadline of 8/3/20 to file non-discovery motions has passed. (See, Order Approving Stipulation to Extend Discovery Motions Deadline and Continue Pretrial Conference entered 1/20/20 [Dk. 30]).


    3. The final bullet point contained in § 2, Issues of Fact, pg 5:12, does not contain a complete citation and reads: "Is Plaintiff entitled to seek damages under 11 U.S.C. § (a)(2)(b)."


The Court will sanction each party $250.00, payable to the Court, for the failure to adhere to applicable rules and procedures. The parties have been 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.

************************************************************************** Tentative for 09/04/19:


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


  1. Discovery cutoff: 02/17/2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: 04/03/2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: 05/13/2020 at 11:00 a.m.

10:00 AM

CONT...


Huy Quang Dao


Chapter 7

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


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

Party Information

Debtor(s):

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 Denise Ho

Trustee(s):

Weneta M Kosmala (TR) Pro Se

10:00 AM

6:21-11322


Jasmin Mika Fitts


Chapter 7


#1.00


Pro se Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union, in the amount of $1,182.28


Re: Open end line of credit


Docket 13


Tentative Ruling:

Tentative for 7/13/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600982984 Meeting ID: 160 098 2984

Password: 648362


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Jasmin Mika Fitts


Chapter 7

Meeting ID: 160 098 2984

Password: 648362


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Jasmin Mika Fitts Pro Se

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-11322


Jasmin Mika Fitts


Chapter 7


#2.00


Pro se Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union, in the amount of $267.36


Re: Open end line of credit


Docket 14


Tentative Ruling:

Tentative for 7/13/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600982984 Meeting ID: 160 098 2984

Password: 648362


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Jasmin Mika Fitts


Chapter 7

Meeting ID: 160 098 2984

Password: 648362


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Jasmin Mika Fitts Pro Se

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-11322


Jasmin Mika Fitts


Chapter 7


#3.00


Pro se Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union, Auto Loan, in the amount of $13,003.63


Re: 2015 Toyota Camry


Docket 15


Tentative Ruling:

Tentative for 7/13/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600982984 Meeting ID: 160 098 2984

Password: 648362


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Jasmin Mika Fitts


Chapter 7


Meeting ID: 160 098 2984

Password: 648362


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Jasmin Mika Fitts Pro Se

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-11382


Rodrigo P. Ramillano and Flordeliza P. Ramillano


Chapter 7


#4.00


Reaffirmation Agreement Between Debtor and Wells Fargo Bank in the amount of $1,727.23


Re: 2009 BMW 5 Series


Docket 15


Tentative Ruling:

Tentative for 7/13/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600982984 Meeting ID: 160 098 2984

Password: 648362


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Rodrigo P. Ramillano and Flordeliza P. Ramillano


Chapter 7


Meeting ID: 160 098 2984

Password: 648362


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Rodrigo P. Ramillano Represented By

James D. Hornbuckle

Joint Debtor(s):

Flordeliza P. Ramillano Represented By

James D. Hornbuckle

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:21-11637


Jesus Acevedo Castaneda


Chapter 7


#5.00


Pro se Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $4,873.43


Re: 2015 Nissan Pathfinder


Docket 9


Tentative Ruling:

Tentative for 7/13/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600982984 Meeting ID: 160 098 2984

Password: 648362


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

10:00 AM

CONT...


Jesus Acevedo Castaneda


Chapter 7


Meeting ID: 160 098 2984

Password: 648362


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Jesus Acevedo Castaneda Pro Se

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:21-12176


Norris A King


Chapter 7


#6.00


Tiffany & Bosco - movant attorney Motion for Relief from Stay

1900 Capital Trust III vs. DEBTORS (Motion filed 6/21/21)


Re: 1483 Andalusian Drive, Norco, CA 92860


Docket 15


Tentative Ruling:

Tentative for 7/13/21:


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver. Such relief from stay is only effective to the extent provided under applicable state law, including state and federal moratoriums prohibiting foreclosure and/or eviction.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further 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: 160 098 2984


Password: 648362

10:00 AM

CONT...


Norris A King


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Norris A King Represented By Brian J Soo-Hoo

Movant(s):

1900 Capital Trust III, by U.S. Bank Represented By

Robert P Zahradka

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-12608


Robert Steve Brito


Chapter 7


#7.00


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

Yamaha Motor Finance Corp. vs. DEBTOR (Motion filed 6/10/21)


Re: 2012 ZX1000JCF Ninja ZX-10R


EH            


Docket 8


Tentative Ruling:

Tentative for 7/13/21:


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: 160 098 2984


Password: 648362

10:00 AM

CONT...


Robert Steve Brito


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Robert Steve Brito Represented By Aaron Lloyd

Movant(s):

Yamaha Motor Finance Corp. Represented By Karel G Rocha

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:21-12903


Angelica Hernandez


Chapter 7


#8.00


Law Offices of Vincent Frounjian - movant attorney Motion for Relief from Stay

American Honda Finance Corporation vs. DEBTOR, Steven M. Speier, chapter 7 trustee

(Motion filed 6/17/21)


Re: 2019 Honda Civic, VIN 2HGF C1E5 7KH7 03980


EH            


Docket 10


Tentative Ruling:

Tentative for 7/13/21:


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: 160 098 2984


Password: 648362

10:00 AM

CONT...


Angelica Hernandez


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Angelica Hernandez Represented By Vincent J Quigg

Movant(s):

AMERICAN HONDA FINANCE Represented By

Vincent V Frounjian

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:21-13087


Francisco Barajas


Chapter 7


#9.00


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

Credit Union of Southern California vs. DEBTOR (Motion filed 6/22/21)


Re: 2017 Nissan Sentra EH            

Docket 8


Tentative Ruling:

Tentative for 7/13/21:


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: 160 098 2984


Password: 648362

10:00 AM

CONT...


Francisco Barajas


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Francisco Barajas Represented By Daniel King

Movant(s):

Credit Union of Southern California Represented By

Karel G Rocha

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:21-13162


Angel Rodrigo Garcia


Chapter 7


#10.00


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

TD Auto Finance LLC vs DEBTOR & Trustee, Howard B. Grobstein (Motion filed 6/11/21)


Re: 2017 Toyota Tundra, VIN: 5TFRY5F18HX227582


EH         


Docket 7

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/30/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Angel Rodrigo Garcia Represented By Brian J Soo-Hoo

Movant(s):

TD Auto Finance LLC Represented By Sheryl K Ith

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:19-17028


Chet L. Millerd


Chapter 7


#11.00


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

[Lynda Bui, chapter 7 trustee] [Fees; $3498.30; Expenses; $144.86]


[Hahn Fife 7 Company, Tax preparer] [Fees; $1000.00; Expenses $0]


Docket 43


Tentative Ruling:

Tentative for 7/13/21 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: 160 523 7497


Password: 364391


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

11:00 AM

CONT...


Debtor(s):


Chet L. Millerd


Party Information


Chapter 7

Chet L. Millerd Represented By April E Roberts

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:19-17161


Steve William Nolan


Chapter 7


#12.00


Hrg. on chapter 7 trustee's Motion for Determination pursuant to Section 522(c) regarding attachment of Debtor's Homestead Exemption


EH            


Docket 65


Tentative Ruling:

Tentative for 7/13/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605237497 Meeting ID: 160 523 7497

Password: 364391


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666


Meeting ID: 160 523 7497

11:00 AM

CONT...


Steve William Nolan


Chapter 7


Password: 364391


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Steve William Nolan Represented By Nathan Fransen

Trustee(s):

Karl T Anderson (TR) Represented By

D Edward Hays Tinho Mang Chad V Haes

11:00 AM

6:20-11936


Yun Ho Choi


Chapter 7

Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


#13.00


CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 727(a)(2)(A), 727(a)(3), 727(a)(5)


From: 9/2/20,11/4/20,1/19/21,4/27/21,5/18/21 EH         


Docket 1


Tentative Ruling:

Tentative for 7/13/21.


This matter is CONTINUED to August 31, 2021, at 11:00 a.m. as a holding date, in light of the Stipulation for Entry of Judgment filed 6/22/21 [Dk. 22].


Plaintiff is to file a declaration of non-opposition, which includes a representation that Plaintiff has not been contacted in any manner, if applicable, by any party in connection with this action. Plaintiff is also required to upload a proposed stipulated judgment which has been approved by Defendant.


Appearances for 7/13 hearing are excused.


***************************************************************************** Tentative for 5/18/21:


In light of the proposed tentative on related matter #12, this matter is likely to be taken off calendar.


Virtual appearances are required.


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

11:00 AM

CONT...


Yun Ho Choi


Chapter 7

Tentative for 4/27/21:


This matter is CONTINUED to May 18, 2021, at 1:30 p.m., to be heard concurrently with the continued hearing on the motion for default judgment. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


Appearances for the 4/27 hearing are excused.


***************************************************************************** Tentative for 1/19/21:


This matter is CONTINUED to April 27, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


Additionally, Plaintiff is required to file a motion for default judgment by not later than March 5, 2021.


The Court notes that, as of the posting of this tentative, no status report has been filed, despite the Court's instructions to file a status report not later than 14 days before the 1/19 hearing (see tentative below). Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's prior instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


Appearances for the 1/19 hearing are excused.


****************************************************************************** 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.


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

11:00 AM

CONT...


Yun Ho Choi


Chapter 7

Tentative for 9/2/20 is to CONTINUE to November 4, 2020 at 1:30 p.m., in light of the representation in Plaintiff's Unilateral Status Report [Dk. 4] that the parties are engaged in settlement discussions. A status report (unilateral or joint), which contains details regarding the status of settlement discussions and proposed dates for completion of discovery, trial readiness, etc., shall be due no later than 14 days before the continued status conference.


Appearances for the 9/2 hearing are excused.

Party Information

Debtor(s):

Yun Ho Choi Represented By

Young K Chang

Defendant(s):

Yun Ho Choi Pro Se

Plaintiff(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:20-11936


Yun Ho Choi


Chapter 7

Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


#14.00


CONT. Hrg. on Plaintiff's Motion filed 3/5/21 for Default Judgment From: 4/6/21,5/18/21

EH     


Docket 11


Tentative Ruling:

Tentative for 7/13/21:


See tentative on related matter #13. Appearances for the 7/13 hearing are excused.

***************************************************************************** Tentative for 4/6/21:


This matter is CONTINUED to May 18, 2021, to allow Plaintiff to effectuate proper service, and submit further briefing containing supplemental evidence in support of its motion by no later than April 19, 2021.


The Court notes that the proof of service contained in the motion filed 3/5/21 [Dk. 11] is blank. Therefore, the Court is unable to determine if proper service was effectuated.


Entry of default does not automatically entitle Plaintiff to a default judgment. In re Villegas, 132 B.R. 742, 746 (B.A.P. 9th Cir. 1991). ("[E]ntry of default does not automatically entitle the nondefaulting party to entry of a default judgment regardless of the fact that the effect of entry of a default is to deem allegations admitted.") Moreover, the Bankruptcy Court has wide discretion to require that Plaintiff submit sufficient proof of facts to make out a prima facie

11:00 AM

CONT...


Yun Ho Choi


Chapter 7

case before granting its motion for default judgment. In re Beltran, 182 B.R. 820, 823 (B.A.P. 9th Cir. 1995).


Pg. 2 of the coversheet of the motion indicates that Plaintiff intended to rely on the Declaration of Nico Tabibi and exhibits thereto; however, no such declaration was provided to the Court. Further, the Court notes that significant portions of the Shahab declaration are premised upon "inform[ation] and belief." (See, e.g., ¶¶ 8, 9, 14, 19). Additional evidence is required.


Plaintiff shall file and serve an amended motion, by not later than April 19, 2021, which provides additional supporting evidence, and clearly identifies the evidence required to support each element of each cause of action for which it seeks a default judgment.


Appearances for the 4/6 hearing are excused.

Party Information

Debtor(s):

Yun Ho Choi Represented By

Young K Chang

Defendant(s):

Yun Ho Choi Pro Se

Movant(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Plaintiff(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:20-17328


Steven Craig Lee


Chapter 7

Adv#: 6:21-01019 Schadeck et al v. Lee


#15.00


CONT. STATUS CONFERENCE re: Complaint by Sherry Schadeck , Kathleen Greco against Steven C Lee - Sections 523(a)(4) (fraud as fiduciary, embezzlement, larceny), 523(a)(6) and 523(a)(2)


From: 4/27/21 EH            

Docket 1

*** VACATED *** REASON: CONT. TO 9/28/21 BY ORDER ENTERED

7/7/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Craig Lee Represented By

Ethan Kiwhan Chin

Defendant(s):

Steven C Lee Pro Se

Joint Debtor(s):

Jana Lynn Lee Represented By

Ethan Kiwhan Chin

Plaintiff(s):

Sherry Schadeck Represented By Lindsey Hansen

Kathleen Greco Represented By Lindsey Hansen

11:00 AM

CONT...

Trustee(s):


Steven Craig Lee


Chapter 7

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-17559


Ingrid S. Jordan


Chapter 7

Adv#: 6:21-01053 Larry D. Simons, Chapter 7 Trustee v. Bailey et al


#16.00


STATUS CONFERENCE re: Complaint by Larry D. Simons, Chapter 7 Trustee against Shannon M. Bailey, Jeremy Bailey to Avoid and Recover Fraudulent Transfer


EH            


Docket 1


Tentative Ruling:

Tentative for 7/13/21:


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


  1. Discovery cutoff: November 1, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: December 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.


  3. Pretrial conference: January 18, 2022, at 11:00 a.m.


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


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

11:00 AM

CONT...


Ingrid S. Jordan


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1605237497 Meeting ID: 160 523 7497

Password: 364391

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 523 7497

Password: 364391


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

11:00 AM

CONT...

Debtor(s):


Ingrid S. Jordan


Chapter 7

Ingrid S. Jordan Represented By Keith Q Nguyen

Defendant(s):

Shannon M. Bailey Pro Se

Jeremy Bailey Pro Se

Plaintiff(s):

Larry D. Simons, Chapter 7 Trustee Represented By

Frank X Ruggier

Trustee(s):

Larry D Simons (TR) Represented By Frank X Ruggier

11:00 AM

6:21-12206


Pete Sorasak Chumwong and Candice Kinuyo Chumwong


Chapter 7


#17.00


Hrg. on Debtors' Motion to Vacate Dismissal EH            

Docket 18


Tentative Ruling:

Tentative for 7/13/21:


This matter is CONTINUED to August 3, 2021, at 11:00 a.m. to allow Movant to comply with applicable local rules.


Pursuant to LBR 1017-2(c)(1), Movant is required to include "as exhibits to the motion all of the documents that were not timely filed," along with a declaration "establishing a sufficient explanation why the documents were not timely filed." Movant must file a supplemental declaration which addresses the foregoing requirements by not later than July 20, 2021.


Appearances for the 7/13 hearing are excused.

Party Information

Debtor(s):

Pete Sorasak Chumwong Represented By Lucas Garcia

Joint Debtor(s):

Candice Kinuyo Chumwong Represented By Lucas Garcia

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#18.00


CONT. Hrg. on Debtor's Second Amended Disclosure Statement Describing Second Amended Chapter 11 Plan of Reorganization


From: 1/5/21, 2/16/21, 4/6/21 EH            

Docket 229


Tentative Ruling:

Tentative for 7/13/21:


The Court is inclined to approve the D.S. subject to the following changes.


First, the D.S. should be modified to reflect that Marinacci is an "impaired" claimant. Section 1124 provides that a claim is impaired under a plan if the plan alters the legal, equitable, or contractual rights of the claimant. See 11

U.S.C. § 1124(a)(1). The extension of a loan term is an impairment of contractual rights.


Though Debtor argues in his Reply that Section 1124(a)(2)(A) applies to render Creditor Marinacci unimpaired, the Court disagrees. Section 1124(a) (2)(A) is applicable where "any contractual provision or applicable law that entitles the holder of such claim or interest to demand or receive accelerated payment of such claim or interest after the occurrence of a default." See 11

U.S.C. § 1124(a)(2) (emphasis added). Marinacci's claim is based on a Note which required a balloon payment in March 2021, which balloon payment was not the result of occurrence of a default or any acceleration provisions, but was merely an executed payment term. Therefore, Section 1124(a)(2) is not applicable.


Second, the D.S. should be modified to include additional information regarding the tax implications of the now-completed sale of the 21100 Via Los Laureles property.

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11


Finally, with respect to Marinacci's feasibility objection, the Court is not persuaded that, in this case, it must be addressed at the D.S. stage; thus, it will be addressed at confirmation.


In the event that the amended D.S. is conditionally approved pursuant to the foregoing, the Court is inclined to set the following dates/deadlines.


  1. Deadline to file Amended D.S.: July 20, 2021


  2. Deadline to serve D.S. and Plan: July 28, 2021


  3. Ballots due: August 25, 2021


  4. Confirmation Brief Due: September 8, 2021


  5. Oppositions to Confirmation Brief due: September 15, 2021


  6. Replies due: September 22, 2021


  7. Confirmation Hearing and Continued Status Conference: September 29, 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/1600192099 Meeting ID: 160 019 2099

1:30 PM

CONT...

Ronald Ward Komers

Chapter 11

Password: 063887

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 019 2099

Password: 063887


For further details, please consult the 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 4/6/21:


Virtual appearances are required.


***************************************************************************** Tentative for 2/16/21 is to set a continued hearing on April 6, 2021, at 1:30

p.m. A status report shall be due at least 14 days in advance.


Virtual appearances are required.

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11


****************************************************************************** Tentative for 1/5/21 is to APPROVE, provided that Debtor can provide the Court with an adequate explanation of the feasibility of the plan.


"[W]here a plan is on its face nonconfirmable, as a matter of law, it is appropriate for the court to deny approval of the disclosure statement describing the nonconfirmable plan." In re Silberkraus, 253 B.R. 890, 899 (Bankr.C.D.Cal.2000).


Virtual appearances are required.

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#19.00


CONT Hrg. on Chapter 11 Status Conference EH            

From: 9/29/20, 10/20/20,12/15/20,1/5/21,2/16/21, 4/6/21,6/1/21


Docket 7


Tentative Ruling:

Tentative for 7/13/21:


In the event that the amended D.S. is approved, the Court is inclined to set a CONTINUED status conference on September 29, 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/1600192099 Meeting ID: 160 019 2099

Password: 063887


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 019 2099

Password: 063887


For further details, please consult the 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 6/1/21:


This matter is CONTINUED to July 13, 2021, at 1:30 p.m., to be heard concurrently with the hearing on the approval of Debtor's Second Amended Disclosure Statement. A status report shall be required 14 days in advance.


Appearances for the 6/1 hearing are excused.


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

Tentative for 4/6/21 is to set a continued status conference on July 13, 2021, at 1:30 p.m. A status report shall be due at least 14 days in advance.


Virtual appearances are required.

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

****************************************************************************** Tentative for 2/16/21 is to set a continued status conference on April 6, 2021, at 1:30 p.m. A status report shall be due at least 14 days in advance.


Virtual appearances are required.


*************************************************************************** Tentative for 12/15/20 is to CONTINUE to January 5, 2021, at 1:30 p.m., to be heard concurrently with the hearing on the adequacy of Debtor's Disclosure Statement. A status report is due 14 days in advance.


The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.


Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#20.00


CONT. Hrg. on Order to Show Cause why case should not be dismissed or converted


From: 7/13/21 EH            

Docket 218


Tentative Ruling:

Tentative for 7/13/21:


In the event that the amended D.S. is approved, the Court is inclined to CONTINUE this matter to September 29, 2021, at 1:30 p.m, to be heard concurrently 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/1600192099 Meeting ID: 160 019 2099

Password: 063887


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 019 2099

Password: 063887


For further details, please consult the 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 6/1/21:


This matter is CONTINUED to July 13, 2021, at 1:30 p.m., to be heard concurrently with the hearing on the approval of Debtor's Second Amended Disclosure Statement.


Appearances for the 6/1 hearing are excused.

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#21.00


CONT. Hrg. on Application filed 5/18/21 for Compensation First Interim Application by Resnik Hayes Moradi LLP, General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period February 12, 2020 Through April 14, 2021; Fee: $128,434.00, Expenses:

$2,608.04.


From: 6/15/21 EH            


Docket 232


Tentative Ruling:

Tentative for 7/13/21 is to GRANT, as amended by the Reply filed 6/9/21 [Dk. 239] and Supplement filed 6/29/21 [Dk. 242]; however, the approved fees and expenses of $127,621.50.00 and $2,608.04, respectively, shall be subject to a hold back of 30% per the US Trustee's request.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1600192099 Meeting ID: 160 019 2099

Password: 063887

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 019 2099

Password: 063887


For further details, please consult the 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 6/15/21:


This matter is CONTINUED to July 13, 2021, at 1:30 p.m. Applicant is required to submit supplemental briefing by not later than 14 days before the continued hearing which demonstrates the reasonableness and necessity of the services provided and further explains how the proposed payment terms are achievable.


While Applicant has provided descriptions of services and time entries, the descriptions are vague and do not specifically address the issues of reasonableness and necessity at the time the services were rendered, both of which are required for the Court to access whether compensation should be

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11

awarded under §330.


For example, the Application contains charges of $13,755.00 in fees related to "asset sale, analysis, and valuation" noting that a sale motion was granted on March 2, 2021; however, the Application does not contain an explanation regarding the achieved or potential benefit of the sale to the estate at the time the services were rendered, which is necessary to determine the reasonableness of the fees under §330. Likewise, the Applicant seeks to charge $7,110.00 for the preparation of employment applications, but the Application is silent as to the benefit to the estate obtained (or anticipated) from the employment of these professionals.


Additionally, Applicant seeks $42,166.00 in fees related to "disclosure statement and plan of reorganization," and lists activities related to the Original and First Amended Disclosure Statement and Plan, neither of which are presently operative or have been approved by this Court. In the supplement, Applicant should provide greater detail regarding how the services provided in connection with the Original and First Amended Disclosure Statement and Plan contributed to the generation of the Second Amended Disclosure Statement and Plan which was filed subsequent to the time period covered by the application and is presently set for hearing.


Further, the Application states that Debtor intends to pay the Applicant

$40,000.00 within 48 hours of entry of the order approving the Application, and then $1,000 per month thereafter, from his DIP bank account; however, the Application indicates that Debtor has only $32,323.46 in the DIP bank account at this time. Clarification regarding Debtor's ability to pay is required.


Appearances for the 6/15 hearing are excused.

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

CONT...

Movant(s):


Ronald Ward Komers


Chapter 11

Ronald Ward Komers Represented By Matthew D. Resnik Matthew D. Resnik

Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia

1:30 PM

6:20-14458


Camp Croteau, Inc.


Chapter 11


#22.00


Hrg. on Post-Effective Status Conference From: 3/9/21

EH            


Docket 14


Tentative Ruling:

Tentative for 7/13/21:


This matter is CONTINUED to November 30, 2021, at 1:30 p.m. A status report is due 14 days in advance.


The status report filed 7/1/21 [Dk. 108] was filed 12 days prior to the 7/13 hearing, which is less than the requisite 14 days required by this Court's instructions (below). The Court will waive this non-compliance in this instance, but future non-compliance may result in monetary or non-monetary sanctions, including conversion or dismissal pursuant to LBR 3020-1(d).


Appearances for the 7/13 hearing are excused.


******************************************************************************** Tentative for 3/9/21 is to CONFIRM and set a post-confirmation status conference on July 13, 2021, at 1:30 p.m. A status report is due 14 days in advance.


Virtual appearances are required.

Party Information

Debtor(s):

Camp Croteau, Inc. Represented By Todd L Turoci

1:30 PM

CONT...

Trustee(s):


Camp Croteau, Inc.


Chapter 11

Caroline Renee Djang Pro Se

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#23.00


Hrg. on Motion for Reconsideration of the Courts May 27th Order Approving Compromise of Controversy Between Trustee and US Metro Bank Pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure; Declarations in Support Thereof


EH            


Docket 477

*** VACATED *** REASON: ORDER DENYING MOTION FOR RECONSIDERATION ENTERED 7/12/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#1.00


Hearing RE: Plaintiff's Fourth Ex Parte Application For T.R.O. And Preliminary Injunction

(Notice of hearing filed 5/28/2021) (Motion filed 5/28/2021)


Docket 149

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING PLAINITFF'S FOURTH EX PARTE APPLICATION FOR TRO AND PRELIMINARY INJUNCTION WITHOUT A HEARING ENTERED 7-9- 2021 - (DOCKET NO. [184])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Marc A Shapp Suzanne C Grandt

Brandon Tady Represented By Marc A Shapp Suzanne C Grandt

Alex Hackert Represented By

Marc A Shapp Suzanne C Grandt

Paul Bernardino Represented By Marc A Shapp Suzanne C Grandt

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Yvette Roland Hon. Represented By Marc A Shapp Suzanne C Grandt

State Bar Of California Represented By Marc A Shapp Suzanne C Grandt

Timothy Byer, Esq Represented By Marc A Shapp Suzanne C Grandt

Nira Woods Pro Se

Devin Lucas, Esq Pro Se

Movant(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert Lenore L Albert

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#2.00


Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 705501 Against Devin Lucas. Esq.

(Motion filed 6/7/2021)


Docket 157

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION FOR DEFAULT JUDGMENT WITHOUT A HEARING; VACATING ENTRY OF DEFAULT; AND SETTING ORDER TO SHOW CAUSE WHY FIRST AMENDED COMPLAINT SHOULD NOT BE DISMISSED AS TO DEVIN LUCAS AND NIRA WOODS ENTERED 7-9- 2021 - (DOCKET NO. [182])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Marc A Shapp Suzanne C Grandt

Brandon Tady Represented By Marc A Shapp Suzanne C Grandt

Alex Hackert Represented By

Marc A Shapp Suzanne C Grandt

Paul Bernardino Represented By Marc A Shapp Suzanne C Grandt

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Yvette Roland Hon. Represented By Marc A Shapp Suzanne C Grandt

State Bar Of California Represented By Marc A Shapp Suzanne C Grandt

Timothy Byer, Esq Represented By Marc A Shapp Suzanne C Grandt

Nira Woods Pro Se

Devin Lucas, Esq Represented By David Brian Lally

Movant(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert Lenore L Albert

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#3.00


CONT'D Hearing RE: Motion For Entry Of Default Judgment Against Defendant Richmond Capital Group LLC Pursuant To Federal Rule Of Civil Procedure 55, As Incorporated By Federal Rule Of Bankruptcy Procedure 7055, And Local Bankruptcy Rule 7055-1

(Motion filed 2/24/2021)

(Set per Order Entered 3/30/2021) FR: 5-5-21

Docket 53


Tentative Ruling:

Tentative for 7/14/21 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: 160 469 7377


Password: 837195


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

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


**************************************************************************** Tentative for 5/5/21:


The Court has received and reviewed the Supplemental Brief And Status Report Re Motion For Default Judgment Against Defendant Richmond Capital Group And Motion To Excuse Compliance With March 30, 2021 Order filed by Plaintiff on 4/27/21 [Dk. 59] (the "Motion") and will GRANT the Motion.


The March 30, 2021 Order [Dk. 56] is modified as follows: Additional briefing in support of the motion for default judgment must be filed and served by no later than June 30, 2021. The hearing on the motion for default judgment is CONTINUED to July 14, 2021 at 11:00 a.m.


Plaintiff is to submit an order regarding the foregoing within 7 days.


With respect to Plaintiff’s request regarding the potential withdrawal of the motion for default judgment, pursuant to applicable local rules, Plaintiff may withdraw a unilaterally filed motion at any time.


Appearances for the 5/5 hearing are excused.

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Richmond Capital Group Pro Se

Movant(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall

11:00 AM

CONT...


Luminance Recovery Center, LLC


Beth Gaschen Faye C Rasch


Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello Laila Masud

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:19-01049 Marshack v. Richmond Capital Group


#4.00


CONT'D STATUS CONFERENCE Hearing RE:Complaint For: (1) Avoidance Of Preferential Transfers; (2) Recovery Of Property; (3) Preservation Of Avoided Transfers; (4) Disallowance Of Claims; (5) Turnover; (6) Predatory Lending;

  1. Equitable Subordination Of Claims; and (8) Declaratory Relief

    [Holding Date]

    (Complaint filed 3/20/19) (PTC set at S/C held 9/18/19)

    (S/C set at hrg. held 10/21/2020)

    (Con't from 10:00 am, per order entered 12/23/20)


    FR: 6-26-19; 8-7-19; 9-18-19; 5-13-20; 7-15-20; 9-30-20; 10-21-20; 1-20-21;

    4-28-21; 5-5-21


    Docket 1


    Tentative Ruling:

    Tentative for 7/14/21:


    In light of the Court's tentative in related matter #3, this matter is taken off calendar.


    Appearances for the 7/14 hearing are excused.


    **************************************************************************** Tentative for 5/5/21:


    This matter is CONTINUED to July 14, 2021 at 11:00 a.m. to be heard concurrently with the motion on default judgment (see related tentative #10 above). A status report is due not later than 14 days in advance of the continued status conference.


    Appearances for the 5/5 hearing are excused.

    11:00 AM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    ****************************************************************************** Tentative for 4/28/21:


    This matter is CONTINUED to May 5, 2021, at 1:30 p.m. to be heard concurrently with the hearing on Plaintiff's motion for default judgment.


    The Court notes that a status report was not filed 14 days prior to the 4/28 hearing, despite the Court's instructions to do so (see prior tentative ruling below). Thus, Plaintiff has again failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. Plaintiff is required to file a supplemental status report not later than April 30, 2021, or be subject to monetary and non-monetary sanctions at the 5/5 hearing for his failure to comply.


    Appearances for the 4/28 hearing are excused.


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


    This matter is CONTINUED to April 28, 2021, at 1:30 p.m. as a holding date. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due 14 days in advance.


    Additionally, Plaintiff is required to file a motion for default judgment by not later than March 5, 2021.


    The Court notes that a status report was filed on 1/14/21 [Dks. 48 and 50], despite the Court's instructions to file a status report not later than 14 days before the 1/20 hearing. See order entered 12/23/20 [Dk. 46]. Thus, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's instructions. The Court will excuse the non-compliance in this instance, but future failure to comply may result in monetary or non-monetary sanctions, including dismissal for lack of prosecution.


    The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.

    11:00 AM

    CONT...


    Luminance Recovery Center, LLC


    Chapter 7

    ***************************************************************************** Tentative for 9/30/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.


    The Court previously continued this pre-trial conference from July 15, 2020 to September 30, 2020, directing Plaintiff to file any motion he deems appropriate, including a request for order to show cause why Defendant's answer should not be stricken, by no later than August 15, 2020. As of the posting of this tentative, the docket does not reflect any activity since the 7/15 hearing.


    Additionally, the Court notes that a pre-trial stipulation has not been filed pursuant to the requirements of LBR 7016-1.


    Virtual appearances are required.


    ********************************************************************************** Tentative for 7/15/20 is to CONTINUE to September 30, 2020 at 11:00 a.m.


    Plaintiff may file any motion he deems appropriate, including a request for order to show cause, by no later than August 15, 2020.


    Appearances for the 7/15 hearing are excused.


    ******************************************************************************* Tentative for 09/18/2019:


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


    1. Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


    2. Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.


    3. Pretrial conference: May 13, 2020 at 1:30 p.m.

11:00 AM

CONT...


Luminance Recovery Center, LLC


Chapter 7

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


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


Appearances required.


Debtor(s):


Party Information

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Richmond Capital Group Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch

Trustee(s):

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack

11:00 AM

CONT...


Luminance Recovery Center, LLC


Sharon Oh-Kubisch Faye C Rasch Robert S Marticello Laila Masud


Chapter 7

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#5.00


Hearing RE: First Interim Fee Application For Allowance Of Fees And Reimbursement Of Expenses For The Period From November 13, 2020 Through November 25, 2020

(Application filed 6/23/2021)


[RE: FITZGERALD & MULE LLP - Special Counsel For Chapter 7 Trustee] [Fees: $4,170.00; Expenses: $0.00]


Docket 1094


Tentative Ruling:

Tentative for 7/14/21 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: 160 469 7377


Password: 837195


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Fitzgerald & Mule LLP Represented By Laila Masud

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Christopher Dale Beatty

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#6.00


Hearing RE: Second Interim Fee Application For Allowance Of Fees And Expenses For The Period From January 1, 2021 Through May 31, 2021 [RE: Huntington Beach]

(Application filed 6/23/2021)


[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee, Richard A. Marshack]

[Fees: $34,228.00; Expenses: $612.02]


Docket 1095


Tentative Ruling:

Tentative for 7/14/21 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: 160 469 7377


Password: 837195


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

11:00 AM

CONT...

Debtor(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Marshack Hays LLP Represented By

D Edward Hays Laila Masud

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Christopher Dale Beatty

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#7.00


Hearing RE: Second Interim Fee Application For Allowance Of Fees And Expenses For The Period From January 1, 2021 Through May 31, 2021 [RE: Oceanside]

(Application filed 6/23/2021)


[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee, Richard A. Marshack]

[Fees: $22,946.00; Expenses: $179.85]


Hearing

RE: [1096] Application for Compensation Second Interim Application re: Oceanside with Proof of Service for Marshack Hays LLP, General Counsel, Period: 1/1/2021 to 5/31/2021, Fee: $22,946, Expenses: $179.85.


Docket 1096


Tentative Ruling:

Tentative for 7/14/21 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: 160 469 7377

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7


Password: 837195


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Marshack Hays LLP Represented By

D Edward Hays Laila Masud

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Christopher Dale Beatty

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al


#8.00


Hearing RE: Motion For Partial Dismissal Of Amended Complaint (Motion filed 6/1/2021)


Docket 123

*** VACATED *** REASON: OFF CALENDAR - CASE REASSIGNED TO HONORABLE MARK S. WALLACE ON 6-4-2021

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Beachcomber Management Crystal Represented By

Leo A Bautista Maria L Garcia

Aviram Edward Muhtar

Lighthouse Cafe, LLC Represented By

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation

Carl Mueller


Chapter 7

Beachcomber at Crystal Cove, LLC Represented By

Carl Mueller

Shake Shack Crystal Cove, LLC Represented By

Carl Mueller

Movant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Beachcomber Management Crystal Represented By

Leo A Bautista Leo A Bautista Maria L Garcia Maria L Garcia

Aviram Edward Muhtar Aviram Edward Muhtar

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01190 Murray v. Zahedi


#9.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)

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


FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21; 5-12-21; 5-19-21


Docket 1

*** VACATED *** REASON: CONTINUED TO AUGUST 4, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION BETWEEN PLAINTIFF AND DEFENDANT TO CONTINUE PRETRIAL CONFERENCE ENTERED 6-29-2021 - (DOCKET NO. [50])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Patricia Murray Represented By Thomas J Eastmond Robert P Goe Charity J Manee

11:00 AM

CONT...

Trustee(s):


Charles S Zahedi


Chapter 7

Richard A Marshack (TR) Pro Se

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#10.00


CONT'D Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-

cv-08313-JAK-JPR

(Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21; 2-18-21; 4-28-21


Docket 212

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE AND HEARING ON PENDING MOTIONS FILED BY DR. HRAYR SHAHINIAN ENTERED 7-7-2021 - (DOCKET NO. [299]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

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...


Eagan Avenatti, LLP


Tinho Mang


Chapter 7

11:00 AM

8:19-13560


Eagan Avenatti, LLP


Chapter 7


#11.00


CONT'D Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)


FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21; 2-18-21; 4-28-21


Docket 219

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE AND HEARING ON PENDING MOTIONS FILED BY DR. HRAYR SHAHINIAN ENTERED 7-7-2021 - (DOCKET NO. [299]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Movant(s):

Hrayr Shahinian Represented By Erick Kuylman

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 Tinho Mang

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#12.00


CONT'D Hearing RE: Application By Chapter 7 Trustee Richard Marshack To Employ The Law Office Of David B. Lally As Special Litigation Counsel For Chapter 7 Trustee Nunc Pro Tunc

(Set per Notice of Hearing filed 12/29/2020) FR: 1-20-21; 2-4-21; 2-18-21; 6-2-21

Docket 200

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING JULY 14, 2021 HEARINGS ENTERED 7-8-2021 - (DOCKET NO. [356])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#13.00


CONT'D Hearing RE: Motion To Convert Chapter 7 Case To Subchapter V Chapter 11 Case

(Motion filed 1/13/2021)


FR: 2-4-21 at 10:00 a.m.; 2-4-21 at 9:30; 2-18-21; 6-2-21


Docket 238

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING JULY 14, 2021 HEARINGS ENTERED 7-8-2021 - (DOCKET NO. [356])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#14.00


CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]


Mersad Javan

(Motion filed 1/20/2021)


[RE: Case Name: Norris et al. v. Javan]

[Docket Number: OCSC Case No.: [30-2019-01056190-CU-FR-CJC] [JAMS Case No.: 12000056326]

[Pending In: JAMS]


FR: 2-17-21; 2-18-21; 6-2-21


Docket 243

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING JULY 14, 2021 HEARINGS ENTERED 7-8-2021 - (DOCKET NO. [356])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

11:00 AM

CONT...


Mershad Javan


D Edward Hays David Brian Lally Laila Masud


Chapter 7

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#15.00


CONT'D Hearing RE: Order Directing Chapter 7 Trustee, Richard Marshack, And His Special Litigation Counsels, Leslie Cohen, Esq., And David Lally, Esq., To Appear And Show Cause Why Their Respective Orders Approving Employment Of Special Litigation Counsel Of Trustee Should Not Be Vacated (OSC Entered 5-5-2021)


FR: 6-2-21


Docket 313

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING JULY 14, 2021 HEARINGS ENTERED 7-8-2021 - (DOCKET NO. [356])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#16.00


CONT'D Hearing RE: Amended Motion For Order Disallowing Proof Of Claim: (Motion filed 5/15/2020)

(Amended Motion filed 3/15/2021)

(Case reassigned from CB on 7/31/2020)


Claim No. 1 James Gubersky $90,000.00 FR: 7-2-20; 9-29-20; 1-20-21; 2-4-21; 2-18-21; 5-5-21; 6-2-21

Docket 286

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING JULY 14, 2021 HEARINGS ENTERED 7-8-2021 - (DOCKET NO. [356])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#17.00


CONT'D Hearing RE: Amended Motion For Order Disallowing Proof of Claim (Motion filed 5/14/2020)

(Amended Motion filed 3/15/2021)

(Case reassigned from CB on 7/31/2020)


Claim No. 2 Steven Norris $2,375,000.00 FR: 1-20-21; 2-4-21; 2-18-21; 5-5-21; 6-2-21

Docket 288

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING JULY 14, 2021 HEARINGS ENTERED 7-8-2021 - (DOCKET NO. [356])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11056


Mershad Javan


Chapter 7


#18.00


CONT'D Hearing RE: Amended Motion For Order Disallowing Proof of Claim: (Motion filed 5/12/20)

(Amended Motion filed 3/15/2021)

(Case reassigned from CB on 7/31/2020)


Claim No. 3 Steve Norris $2,400,000.00 FR: 7/2/20; 7/29/20; 1-20-21; 5-5-21; 6-2-21


Docket 290

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING JULY 14, 2021 HEARINGS ENTERED 7-8-2021 - (DOCKET NO. [356])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen Leslie A Cohen Leslie A Cohen Leslie A Cohen

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally

11:00 AM

CONT...


Mershad Javan


Laila Masud


Chapter 7

11:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01085 Norris et al v. Javan


#18.10


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; 11-5-20; 1-20-21; 2-4-21; 2-18-21; advanced

from 7-14-2021 at 1:30


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 7-8-2021 - (DOCKET NO. [40])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

Plaintiff(s):

Steve Norris Represented By

David Brian Lally

Steve Norris Derivatively on Behalf Represented By

David Brian Lally

11:00 AM

CONT...

Trustee(s):


Mershad Javan


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:21-01010 Gubersky v. Javan


#19.00


CONT'D Hearing RE: Motion To Dismiss Adversary Proceeding And "Complaint To Determine Dischargeability Of Debt 11 U.S.C. Sections 523(a)(6)"

(Motion filed 3/19/2021)


FR: advanced from 5-5-21 at 1:30 p.m.; 5-5-21; 6-2-21


Docket 5

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE AND HEARING ON MOTION TO DISMISS ENTERED 7-8-2021 - (DOCKET NO. [22])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

Movant(s):

Mershad Javan Represented By Leslie A Cohen

Plaintiff(s):

James Gubersky Represented By David Brian Lally

11:00 AM

CONT...

Trustee(s):


Mershad Javan


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:21-01010 Gubersky v. Javan


#20.00


CONT'D STATUS CONFERENCE RE: Adversary Complaint To Determine Dischargeability Of Debt

(Complaint filed 2/16/2021)


FR: advanced from 5-5-21 at 1:30 p.m.; 5-5-21; 6-2-21


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE AND HEARING ON MOTION TO DISMISS ENTERED 7-8-2021 - (DOCKET NO. [22])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

Plaintiff(s):

James Gubersky Represented By David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

11:00 AM

8:20-11885


Todd Stuart Masler


Chapter 7


#21.00


CONT'D Hearing RE: Sherri Siegel-Masler's Objections To Proof Of Claims: (Motion filed 3/31/2021)


Claim No.: 1

Capital One

$8,353.54

Claim No. 2

Bank Of America

$3,355.86

Claim No. 3

Wells Fargo

$8,517.69

Claim No. 4

Wells Fargo

$3,858.69

Claim No. 5

Wells Fargo

$10,509.80

Claim No. 6

Wells Fargo

$2,679.74

FR: 5-5-21

Docket 72



Tentative Ruling:

Tentative for 7/14/21 is to CONTINUE to September 1, 2021, at 11:00 a.m., to allow Movant to effectuate proper service on all claimants.


LBR 3007-1(b) requires service 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 be served "to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process." Further, FRBP 7004(h) requires service on an insured depository institution "be made by certified mail addressed to an officer of the institution."


The proof of service reflects that Capital One Bank (USA), N.A. was served to the address listed on amended Proof of Claim #1, but does not reflect that

11:00 AM

CONT...


Todd Stuart Masler


Chapter 7

Capital One Bank (USA), N.A. was served by certified mail addressed to an officer of the institution pursuant to FRBP 7004(h).


The proof of service also reflects that Bank of America, N.A. was served to its registered agent, but not to the address listed by claimant on amended Proof of Claim #2 and by certified mail addressed to an officer of the institution.


Lastly, the proof of service reflects that Wells Fargo Bank, N.A. was served to the addresses listed on amended Proofs of Claims #3 - 6, but does not reflect that Wells Fargo Bank, N.A. was served by certified mail addressed to an officer of the institution.


In light of the foregoing, Movant is required to provide notice of the continued hearing and file a proof of service reflecting that such service was effectuated in accordance with all applicable rules and procedures by not later than July 30, 2021.


Appearances for the 7/14 hearing are excused.


***************************************************************************** 5/5/21:


This matter is CONTINUED to July 14, 2021, at 11:00 a.m., in light of the recently filed amendments to various proofs of claims at issue, and the late filed Joinder containing additional objections filed 4/29/21 [Dk. 88].


Creditor Alex Llorente is required to provide notice of the continued hearing in compliance with all applicable rules and procedures regarding claim objections and motion practice. A proof of service must be filed by not later than May 28, 2021.


Appearances for the 5/5 hearing are excused.

Party Information

Debtor(s):

Todd Stuart Masler Pro Se

11:00 AM

CONT...

Movant(s):


Todd Stuart Masler


Chapter 7

Sherri J Siegel-Masler Represented By Alex J Llorente

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall

11:00 AM

8:21-10225


Mike Gomez


Chapter 7

Adv#: 8:21-01018 Gomez et al v. Synchrony Bank et al


#22.00


Hearing RE: Defendants Patenaude & Felix And Synchrony Bank's Amended Motion to Dismiss Plaintiffs' Adversary Proceeding Complaint Under FRCP 12(b)

(6) Pursuant To USCS Bankruptcy Rule 7012 (Motion filed 6/4/2021)

(Amended Motion filed 6/7/2021)


Docket 10


Tentative Ruling:

Tentative for 7/14/21 is to GRANT in part and DENY in part, dismissing the complaint without prejudice.


Plaintiffs adversary complaint alleges that Defendants committed violations of the automatic stay in connection with their continued prosecution of a lawsuit which Defendants caused to be filed pre-petition. Specifically, Plaintiffs allege that "On April 24, 2021, a process server sent by Defendants showed up at Plaintiffs’ residence, and delivered a summons regarding the stayed state court lawsuit personally to Plaintiff, Mike Gomez." Complaint [Dk. 1], ¶ 21.


Defendants filed a Rule 12(b)(6) motion to dismiss, seeking dismissal with prejudice of the complaint. For the reasons more fully explained below, the Court is inclined to GRANT the motion to dismiss, but DENY Defendants' request that Plaintiffs be denied leave to amend.


To survive a Rule 12(b)(6) motion to dismiss, a 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), and add up to "more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Plaintiff must provide "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Id.


Further, although the Court is obliged to presume that all factual allegations in a complaint are true, the Court does not have to accept conclusory

11:00 AM

CONT...


Mike Gomez


Chapter 7

allegations in the complaint as true. Holden v. Hagopian, 978 F.2d 1115, 1121 (9th Cir. 1992). Rather, the Court must "examine whether conclusory allegations follow from the description of facts as alleged by the plaintiff." Id.


To withstand the present motion, Plaintiffs have the burden of establishing three elements: "(1) a violation of the stay, (2) that the violation was willful, and (3) that debtor was injured by the violation." McCarthy v. Scatena (In re McCarthy), Nos. 14-01634, 15-90024, 2016 Bankr. LEXIS 169, at *5 (Bankr.

D. Haw. Jan. 19, 2016) (emphasis added).


"To establish a willful violation, plaintiff must demonstrate that the defendant acted with a certain degree of deliberateness." In re Littke, 105 B.R. 905, 910 (Bankr. N.D. Ind. 1989). The question is not whether the creditor intended to violate the stay, but whether the creditor intended the conduct that constituted the violation of the stay. Id. at 1215.


Here, the complaint does not allege any facts to sufficiently demonstrate that the Defendants intended the conduct that constituted a violation of the stay as required. Rather, Plaintiffs' complaint is rife with conclusory allegations which are unsupported by factual assertions; therefore, the Court is inclined to GRANT the motion to dismiss.


Dismissal without leave to amend is improper unless it is clear that the complaint could not be saved by any amendment. Harris v. Amgen, Inc., 573 F.3d 728, 736 (9th Cir. 2009). Accordingly, this Court will DENY Defendants' request for dismissal with prejudice and allow Plaintiffs leave to amend their complaint.


If Plaintiffs elect to file an amended complaint, Plaintiffs must do so by not later than July 30, 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

11:00 AM

CONT...


Mike Gomez


Chapter 7

by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1604697377 Meeting ID: 160 469 7377

Password: 837195

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 469 7377

Password: 837195


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Mike Gomez Represented By

11:00 AM

CONT...


Mike Gomez


Nicholas M Wajda


Chapter 7

Defendant(s):

Synchrony Bank Represented By Stephanie J Boone

Patenaude & Felix, APC Represented By Stephanie J Boone

Joint Debtor(s):

Shana Ruth Gomez Represented By Nicholas M Wajda

Movant(s):

Synchrony Bank Represented By Stephanie J Boone

Patenaude & Felix, APC Represented By Stephanie J Boone

Plaintiff(s):

Shana Ruth Gomez Represented By

Carlos C Alsina-Batista

Mike Gomez Represented By

Carlos C Alsina-Batista

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:21-10245


Tires Direct, Inc.


Chapter 7


#23.00


CONT'D Hearing RE: Application Of Debtor And Debtor In Possession To Employ Nuttall & Patel LLP As Accountants Pursuant To 11 U.S.C. Sections 327, 328, 330, And 331

(Motion filed 3/3/2021)

(Set per Notice of Hearing filed 3/26/2021) FR: 4-29-21

Docket 29

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL, WITHOUT PREJUDICE, OF APPLICATION TO EMPLOY NUTTALL & PATEL LLP FILED 5-17-2021 - (DOCKET NO. [97])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Movant(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10246


Texas Tire Warehouse, LLC


Chapter 7


#24.00


CONT'D Hearing RE: Application Of Debtor And Debtor In Possession To Employ Nuttall & Patel LLP As Accountants Pursuant To 11 U.S.C. Sections 327, 328, 330, And 331

(Motion filed 3/3/2021)

(Set per Notice of Hearing filed 3/29/2021) FR: 4-29-21

Docket 25

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL WITHOUT PREJUDICE, OF APPLICATION TO EMPLOY NUTTALL & PATEL LLP FILED 5-17-2021 - (DOCKET NO. [55])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Movant(s):

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Trustee(s):

Karen S Naylor (TR) Pro Se

1:30 PM

8:19-10349


Sukeinah Hassan Kassir


Chapter 7


#25.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Debtor's Objection To Claim: (Motion filed 8/1/2020)

(PTC set at hearing held 9/2/2020)

[Treat Claim Objection as Adversary Proceeding]


Claim No. 1 Hassan Essayli $117,443.94 FR: 9-2-20; 1-20-21; 4-7-21

Docket 84


Tentative Ruling:

Tentative for 7/14/21 is to APPROVE the pre-trial stipulation, subject to the following slight modification. The information contained at Sections (A), (B), (C), and the lists of exhibits and witnesses are unnumbered; they should be numbered for easy identification. The parties are required to refile an amended pre-trial stipulation which addresses the foregoing by not later than July 29, 2021.


Additionally, the Court will set the following dates and deadlines:


  1. Deadline to file pre-trial motions, including Motions in Limine: September 3, 2021.


  2. Hearing on pre-trial motions: November 4, 2021, at 1:30 p.m.


  3. Deadline to file Trial Briefs: February 8, 2022


  4. Trial: February 22, 2022, at 10:00 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

1:30 PM

CONT...


Sukeinah Hassan Kassir


Chapter 7

videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608691392 Meeting ID: 160 869 1392

Password: 850585

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 869 1392

Password: 850585


For further details, please consult the 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.

1:30 PM

CONT...


Sukeinah Hassan Kassir


Chapter 7

******************************************************************************** Tentative for 9/2/20 is to treat this claim objection as an adversary proceeding, and set the following dates and deadlines:


  1. Discovery cutoff: December 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Pretrial conference: January 20, 2021 at 1:30 p.m.


The parties are specifically advised to cooperate and follow all local and federal rules, including but not limited to LBR 7016-1(b).


Virtual appearances are required.


Party Information

Debtor(s):

Sukeinah Hassan Kassir Represented By Vikrant Chaudhry

Trustee(s):

Richard A Marshack (TR) Represented By Donald W Sieveke

1:30 PM

8:19-10349


Sukeinah Hassan Kassir


Chapter 7

Adv#: 8:19-01130 Marshack v. Kassir et al


#26.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers

(Complaint filed 7/2/19)

(PTC set at S/C held 11/20/19)

[Consolidated with 8:19-ap-01081-SC]


FR: 9-18-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20; 1-20-21; 4-7-21


Docket 1


Tentative Ruling:

Tentative for 7/14/21 is to APPROVE the pre-trial stipulation subject to the following slight modification. The information contained at Sections (A), (B), (C), and the lists of exhibits and witnesses are not numbered consecutively; the pre-trial should be consecutively numbered for easy identification (as an example, see page 11, line 1, which starts with #8 and then 2 lines down, on page 11, line 5, the numbering restarts with #1 under a heading which is not alphabetically identified). The parties are required to refile an amended pre- trial stipulation which addresses the foregoing by not later than July 29, 2021.


Additionally, noting that pursuant to Section (F) the parties do not anticipate any motions in limine or other pre-trial motions, the Court is inclined to set the following dates and deadlines:


  1. Deadline to file Trial Briefs: January 11, 2022


  2. Trial: January 25, 2022, at 10:00 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.

1:30 PM

CONT...


Sukeinah Hassan Kassir


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1608691392 Meeting ID: 160 869 1392

Password: 850585

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 869 1392

Password: 850585


For further details, please consult the 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.


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

1:30 PM

CONT...


Sukeinah Hassan Kassir


Chapter 7

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:


  1. Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


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


  3. Pretrial conference: May 13, 2020 at 11:00 a.m.


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


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


Party Information

Debtor(s):

Sukeinah Hassan Kassir Represented By Vikrant Chaudhry

Defendant(s):

Sukeinah Kassir Represented By Vikrant Chaudhry

Mohammad Mahdi Kassir Represented By Vikrant Chaudhry

Mohammad Abbas Kassir Represented By Vikrant Chaudhry

1:30 PM

CONT...


Sukeinah Hassan Kassir


Chapter 7

Ali Al-Hadi Kassir Represented By Vikrant Chaudhry

Plaintiff(s):

Richard A Marshack Represented By Donald W Sieveke

Trustee(s):

Richard A Marshack (TR) Represented By Donald W Sieveke

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01058 Marshack v. Dillanos Coffee Roasters, Inc.


#27.00


CONT'D PRE-TRIAL 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) (PTC set S/C held 9/30/2020)


FR: 7-7-20; 9-30-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING WITH PREJUDICE ENTERED 5-24-2021 - (DOCKET NO. [36])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eagan Avenatti, LLP Represented By Jack A. Reitman

Defendant(s):

Dillanos Coffee Roasters, Inc. Represented By Mark S Bostick

Elizabeth Berke-Dreyfuss

Plaintiff(s):

Richard A Marshack Represented By Jack A. Reitman

Trustee(s):

Richard A Marshack (TR) Represented By

1:30 PM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:20-11007


Sharif M. Atta


Chapter 7

Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta


#28.00


CONT'D PRE-TRIAL 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) (PTC set at S/C held 11/4/2020)


FR: 9-23-20; 11-4-20


Docket 4

*** VACATED *** REASON: CONTINUED TO OCTOBER 20, 2021 AT 11:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 7-1-2021 - (DOCKET NO. [47])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sharif M. Atta Represented By Leonard W Stitz

Defendant(s):

Sharif Atta Pro Se

Plaintiff(s):

Meineke Franchisor SPV LLC Represented By Lawrence J Hilton

Econo Lube Franchisor SPV LLC Represented By

Lawrence J Hilton

1:30 PM

CONT...

Trustee(s):


Sharif M. Atta


Chapter 7

Jeffrey I Golden (TR) Pro Se

1:30 PM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01085 Norris et al v. Javan


#29.00


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

[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]

(Complaint filed 5/19/2020)

[Case transferred from CB on 7/31/2020]


FR: 8-4-20; 8-19-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21; 2-18-21


Docket 1

*** VACATED *** REASON: ADVANCED TO JULY 14, 2021 AT 11:00

A.M. PER ORDER ADVANCING STATUS CONFERENCE FROM JULY 14, 2021 AT 1:30 P.M. TO JULY 14, 2021, AT 11:00 A.M. ENTERED 6-28- 2021 - (DOCKET NO. [37])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

Plaintiff(s):

Steve Norris Represented By

David Brian Lally

Steve Norris Derivatively on Behalf Represented By

David Brian Lally

1:30 PM

CONT...

Trustee(s):


Mershad Javan


Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

1:30 PM

8:20-13447


Jump Westminster, LLC


Chapter 11


#30.00


Hearing RE: Application Of Debtor And Debtor-In-Possession For Authority To Employ Winthrop Golubow Hollander, LLP As Its General Insolvency Counsel (Motion filed 5/27/2021)

(Set per Notice of hearing filed 6/22/2021)


Docket 78


Tentative Ruling:

Tentative for 7/14/21:


The employment application is APPROVED, except as to the requested post- petition retainer and proposed post-petition Knudsen payment procedures which shall not be approved.


Courts recognize that post-petition retainers and post-petition payment procedures are permissible in "certain rare circumstances," particularly where:

(1) the case is unusually large and an exceptionally large amount of fees accrue each month; (2) waiting an extended period for payment would place an undue hardship on counsel; (3) counsel can respond to any reassessment in one or more of the ways listed above; and (4) the fee retainer procedure is, itself, the subject of a noticed hearing prior to any payment thereunder. In re Knudsen, 84 B.R. 668, 671-672 (B.A.P. 9th Cir. 1988).


Applicant fails to provide evidence supporting the foregoing factors, and the Court sees no independent basis for which a post-petition retainer or proposed post-petition Knudsen payment procedures are appropriate.

Therefore, the employment application is APPROVED, except as it relates to the post-petition retainer and proposed post-petition Knudsen payment procedures.


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

1:30 PM

CONT...


Jump Westminster, LLC


Chapter 11


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: 160 869 1392

Password: 850585

Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

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

Party Information

Debtor(s):

Jump Westminster, LLC Represented By Garrick A Hollander

Movant(s):

Jump Westminster, LLC Represented By Garrick A Hollander Garrick A Hollander

1:30 PM

8:21-10759

Tupelo Wood LLC

Chapter 11

#31.00

Hearing RE: Motion To Dismiss Chapter 11 Case Or Alternatively To Extend The Time To File A Disclosure Statement And Plan

(Motion filed 6/22/2021)

Docket 54


Tentative Ruling:

Tentative for 7/14/21 is to GRANT and dismiss the Chapter 11 case.


Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further 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: 160 869 1392


Password: 850585


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Tupelo Wood LLC Represented By Stephen L Burton

1:30 PM

CONT...

Movant(s):


Tupelo Wood LLC


Chapter 11

Tupelo Wood LLC Represented By Stephen L Burton

1:30 PM

8:21-11100


Alexander L Loukaides


Chapter 11


#32.00


Motion for relief from stay [ACTION IN NON-BANKRUPTCY FORUM]


Alexander L. Loukaides vs. DEBTOR (Motion filed 6/23/2021)


[RE: Graduation Solutions LLC v. Acadima, LLC; Alexander Loukaides] [Docket No.: 20-1384-cv]

[Pending In: United States Court Of Appeals For The Second Circuit]


Docket 45


Tentative Ruling:

Tentative for 7/14/21 is to GRANT:


Debtor seeks relief from stay to pursue a pending appeal of an adverse judgment whereby: (1) Debtor is a named defendant in the underlying State Court action; (2) judgment was rendered by the State Court after a jury trial;

(3) Debtor filed an appeal of that judgment pre-petition; and (4) the issues on appeal have been fully briefed and the parties are ready to proceed with oral argument.


Creditor objects, arguing, inter alia, that Debtor's filing of bankruptcy is a manipulation tactic that should not be awarded by this Court, and that the totality of circumstances demonstrate that the Motion should be denied in its entirety. This Court disagrees.


In appropriate circumstances, stay relief can be granted to allow litigation in non-bankruptcy forums to continue. The court in Truebro, Inc. v. Plumberex Specialty Products, Inc. (In re Plumberex Specialty Products, Inc.), 311 B.R. 551, 559 (Bankr. C.D. Cal. 2004), listed the following twelve nonexclusive factors:


  1. Whether the relief will result in a partial or complete resolution of the issues;

    1:30 PM

    CONT...


    Alexander L Loukaides


    Chapter 11


  2. The lack of any connection with or interference with the bankruptcy court;


  3. Whether the foreign proceeding involves the debtor as a fiduciary;


  4. Whether a specialized tribunal has been established to hear the particular cause of action and whether that tribunal has the expertise to hear such cases;


  5. Whether the debtor's insurance carrier has assumed full financial responsibility for defending the litigation;


  6. Whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the goods or proceeds in question;


  7. Whether the litigation in another forum would prejudice the interests of other creditors, the creditors' committee and other interested parties;


  8. Whether the judgment claim arising from the foreign action is subject to equitable subordination under Section 510(c);


  9. Whether movant's success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f);


  10. The interests of judicial economy and the expeditious and economical determination of litigation for the parties;


  11. Whether the foreign proceedings have progress to the point where the parties are prepared for trial, and


  12. The impact of the stay on the parties and the "balance of hurt."


Id. at 559.


Though not all of the foregoing factors are relevant here, this Court finds that the balance of the relevant Plumberex factors weigh in favor of granting the relief requested in the Motion.

1:30 PM

CONT...


Alexander L Loukaides


Chapter 11


Primarily, this Court is persuaded by the following: (1) granting relief from stay would allow the parties to reach complete resolution as to the issues on appeal; (2) the underlying judgment is based on state law and federal copyright claims; (3) if Debtor is successful on appeal, it may result in a larger dividend for the estate's other creditors; and (4) the appeal has been fully briefed and parties are ready for oral argument.


In light of the foregoing, the Court is inclined to GRANT 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/1608691392 Meeting ID: 160 869 1392

Password: 850585

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 869 1392

Password: 850585

1:30 PM

CONT...

Alexander L Loukaides

Chapter 11

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

Alexander L Loukaides Represented By Andy C Warshaw

Arnold H. Wuhrman Richard L. Sturdevant

Movant(s):

Alexander L Loukaides Represented By Andy C Warshaw Andy C Warshaw

Arnold H. Wuhrman Arnold H. Wuhrman Richard L. Sturdevant Richard L. Sturdevant

Trustee(s):

Robert Paul Goe (TR) Pro Se

1:30 PM

8:21-11100


Alexander L Loukaides


Chapter 11


#33.00


Hearing RE: Motion For Order Disallowing Claim:


Claim No. 2 Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP $22,270.91 (Motion filed 6/8/2021)


Docket 31


Tentative Ruling:

Tentative for 7/14/21 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: 160 869 1392


Password: 850585


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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


Party Information

Debtor(s):

Alexander L Loukaides Represented By

1:30 PM

CONT...


Trustee(s):


Alexander L Loukaides


Andy C Warshaw Arnold H. Wuhrman


Chapter 11

Robert Paul Goe (TR) Pro Se

1:30 PM

8:21-11100


Alexander L Loukaides


Chapter 11


#34.00


Hearing RE: Motion For Order Disallowing Claim:


Claim No. 4 American Express National Bank $12,170.96 (Motion filed 6/15/2021)


Docket 37

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION RESOLVING DEBTOR'S OBJECTION TO CLAIM NUMBER 4-1 ENTERED 6-30-2021 - (DOCKET NO. [50])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alexander L Loukaides Represented By Andy C Warshaw

Arnold H. Wuhrman

Movant(s):

Alexander L Loukaides Represented By Andy C Warshaw Andy C Warshaw

Arnold H. Wuhrman Arnold H. Wuhrman

Trustee(s):

Robert Paul Goe (TR) Pro Se

11:00 AM

8:18-11116


Luxent Inc.


Chapter 11


#1.00


CONT'D Hearing RE: Post Confirmation Status Conference (Petition filed 3/30/2018)

[Case transferred from CB on 7/31/2020]

(S/C Advanced from 12/23/2020 per Order Entered 8/7/2020)


FR: 4-11-18; 4-17-18; 8-1-28; 9-26-18; 11-28-18; 3-6-19; 3-13-19; 4-30-19;

6-5-19; 7-31-19; 8-28-19; 10-9-19; 4-8-20; 4-15-20; 7-22-20; 12-17-20


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING MOTION FOR ENTRY OF AN ORDER OF DISCHARGE AND FINAL DECREE CLOSING CASE ENTERED 3-25-2021 - (DOCKET NO. [283])

Party Information

Debtor(s):

Luxent Inc. Represented By

Todd C. Ringstad Brian R Nelson Richard C Donahoo

11:00 AM

8:21-10245

Tires Direct, Inc.

Chapter 7

#2.00


CONT'D STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C. Section 1111(b) Election

(Set per Order Entered 2/3/2021)


FR: 3-25-21


Docket 6

*** VACATED *** REASON: OFF CALENDAR PER ORDER CONVERTING CASE TO CHAPTER 7 ENTERED ON 5-10-2021 - (DOCKET NO. [87])

Party Information

Debtor(s):

Tires Direct, Inc. Represented By Ron Bender Todd M Arnold

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

8:21-10246

Texas Tire Warehouse, LLC

Chapter 7

#3.00


CONT'D STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C. Section 1111(b) Election

(Set per Order Entered 2/3/2021)


FR: 3-25-21


Docket 6


Debtor(s):

*** VACATED *** REASON: OFF CALENDAR PER ORDER ON DEBTOR'S MOTION TO CONVERT CASE UNDER 11 U.S.C. SECTION 1112(A) ENTERED 5-3-2021 - (DOCKET NO. [47])

Party Information

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Trustee(s):

Karen S Naylor (TR) Pro Se


Tuesday, July 20, 2021 Hearing Room 5C


9:30 AM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01198 Moersch v. Zahedi


#1.00


TRIAL 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) (Trial set at PTC held 2/17/21)


FR: 12-18-19; 7-1-20; 8-5-20; 9-23-20; 12-2-20; 2-3-21; 2-17-21


Docket 1

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Carlo Moersch Represented By Jeffrey D Schreiber

Trustee(s):

Richard A Marshack (TR) Pro Se

10:00 AM

6:15-15248

Pacific Egg Ranches, LLC

Chapter 7

#1.00


Hrg. on Trustee's Final Report and Applications for Compensation


[Robert S Whitmore, chapter 7 trustee] [Fees: $1950.00; Expenses $0.00]


[Douglas A Plazak, Trustee Attorney] [Fees: $14,738.50, Expenses $362.92]


[Donald T Fife, Trustee Accountant] [Fees: $1000.00; Expenses $0.00]


Docket 58


Tentative Ruling:

Tentative for 7/27/21 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: 161 371 4903


Password: 670248

10:00 AM

CONT...


Pacific Egg Ranches, LLC


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Pacific Egg Ranches, LLC Represented By Michael G Spector

Trustee(s):

Robert Whitmore (TR) Represented By Scott Talkov Douglas A Plazak

11:00 AM

6:15-20279


Mohammad Far and Ruth Ann Far


Chapter 7


#2.00


CONT 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


From 12/1/20, 3/2/21, 5/18/21 EH            


Docket 70


Tentative Ruling:

Tentative for 7/27/21:


Debtors have the burden to prove by "clear and convincing evidence" that Respondents knew the discharge injunction was applicable and that they intended the actions which violated the injunction – specifically, Debtors need to demonstrate that the state court action pertained to pre-petition debts that were discharged, and not to post-petition obligations that were not discharged. During the hearing, Debtors’ counsel needs to be prepared to clearly point to the evidence demonstrating that the debts were not discharged.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

11:00 AM

CONT...


Mohammad Far and Ruth Ann Far


Chapter 7


Videoconference URL: https://cacb.zoomgov.com/j/1610590393 Meeting ID: 161 059 0393

Password: 931910

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 059 0393

Password: 931910


For further details, please consult the 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 3/2/21:


This matter is CONTINUED to May 18, 2021, at 11:00 a.m. in light of the ongoing litigation in State Court. A status report, whether unilateral or joint, is

11:00 AM

CONT...


Mohammad Far and Ruth Ann Far


Chapter 7

due 14 days in advance and should detail the status of the State Court action.


The Court previously requested that the Respondents lodge a scheduling order, noting that a status report was required to be filed by not later than 14 days in advance of the 3/2 hearing. No order was lodged, or entered.

Additionally, the status report was late filed on 2/17/21 [Dk. 77] (one day after the deadline), and did not provide sufficient information to

demonstrate that the attached email approval from Respondents' counsel was obtained in response to the status report actually filed with this Court, as is required by General Order 20-12 (located on the Court's external website).


The Court will excuse the non-compliance in this instance. However, future failure to comply may result in the imposition of monetary or non-monetary sanctions, including dismissal.


Appearances for the 3/2 hearing are excused.


***************************************************************************** Tentative for 12/1/20:


Counsels should appear virtually, and have all evidence and pleadings readily available during the hearing.


Party Information

Debtor(s):

Mohammad Far Represented By Stephen H Darrow

Joint Debtor(s):

Ruth Ann Far Represented By

Stephen H Darrow

Trustee(s):

Larry D Simons (TR) Represented By

Howard M Ehrenberg Jessica Vogel

11:00 AM

CONT...


Mohammad Far and Ruth Ann Far


Chapter 7

11:00 AM

6:18-11937


Lisa Duarte


Chapter 7

Adv#: 6:20-01025 Rose v. Duarte


#3.00


CONT STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - §523(a)(2)(A), §523(a)(4), §523(a)(6)


EH            


From: 9/23/20, 11/17/20,1/19/21,4/27/21


Docket 1


Tentative Ruling:

Tentative for 7/27/21:


This matter is CONTINUED to November 2, 2021, at 11:00 a.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.


The Court notes that a joint status report was not timely filed before the deadline of 14 days prior to the 7/27 hearing, as required by this Court's directive and 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 7/27 hearing are excused.


******************************************************************************* Tentative for 4/27/21:


This matter is CONTINUED to July 27, 2021, at 11:00 a.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 4/27 hearing are excused.

11:00 AM

CONT...


Lisa Duarte


Chapter 7


***************************************************************************** Tentative for 1/19/21:


This matter is CONTINUED to April 27, 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 1/19 hearing are excused.


***************************************************************************** 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].


Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the

11:00 AM

CONT...


Lisa Duarte


Chapter 7

courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.

The Parties are reminded to have all relevant filings/information easily accessible during the hearing.


Party Information

Debtor(s):

Lisa Duarte Pro Se

Defendant(s):

Lisa Duarte Pro Se

Plaintiff(s):

Stacey Rose Represented By

Michael D Anderson Andrei Serpik

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:19-18812


Jesus Alcantara


Chapter 7

Adv#: 6:21-01060 Simons, Chapter 7 Trustee v. Camarena


#4.00


STATUS CONFERENCE re: Complaint by Larry D. Simons, Chapter 7 Trustee against Jose Camarena for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. §§ 544, 548(a)(1)(A); Cal. Civ. Code §§ 3439.04, 3439.07, 3439.09]; (2)

Avoidance of Fraudulent Transfers [11 U.S.C. §§ 544, 548(a)(1)(B); Cal. Civ. Code §§ 3439.05, 3439.07, 3439.09]; and (3) Recovery of Avoided Transfers

[11 U.S.C. § 550]


EH            


Docket 1


Tentative Ruling:

Tentative for 7/27/21:


This matter is CONTINUED to November 2, 2021, at 11:00 a.m. in light of the representations contained in the status report filed 7/13/21 [Dk. 6] regarding settlement being reached. If this matter is not otherwise taken off calendar, a status report is due 14 days prior to the continued status conference.


Appearances for the 7/27 hearing are excused.

Party Information

Debtor(s):

Jesus Alcantara Pro Se

Defendant(s):

Jose Camarena Pro Se

Plaintiff(s):

Larry D. Simons, Chapter 7 Trustee Represented By

Jeremy Faith

11:00 AM

CONT...

Trustee(s):


Jesus Alcantara


Chapter 7

Larry D Simons (TR) Represented By Meghann A Triplett

11:00 AM

6:21-10030


Lawrence Goldenberg


Chapter 7

Adv#: 6:21-01067 The Ohio Casualty Insurance Company v. Goldenberg et al


#5.00


STATUS CONFERENCE re: Complaint by The Ohio Casualty Insurance Company against Lawrence Goldenberg, Susan Y. Goldenberg for 523(a)(2) (false pretenses, false representation, actual fraud)


EH            


Docket 1


Tentative Ruling:

Tentative for 7/27/21:


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


  1. Discovery cutoff: January 1, 2022. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: February 4, 2022. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: March 22, 2022, at 11:00 a.m.


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


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


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

11:00 AM

CONT...


Lawrence Goldenberg


Chapter 7


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1610590393 Meeting ID: 161 059 0393

Password: 931910

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 059 0393

Password: 931910


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

11:00 AM

CONT...

Debtor(s):


Lawrence Goldenberg


Chapter 7

Lawrence Goldenberg Represented By Joseph M Tosti Anerio V Altman

Defendant(s):

Lawrence Goldenberg Represented By Anerio V Altman

Susan Y. Goldenberg Represented By Anerio V Altman

Joint Debtor(s):

Susan Y. Goldenberg Represented By Joseph M Tosti Anerio V Altman

Plaintiff(s):

The Ohio Casualty Insurance Represented By James R Felton

Trustee(s):

Steven M Speier (TR) Represented By Robert P Goe

11:00 AM

6:21-10041


Empire Transportation Services, Inc.


Chapter 7


#6.00


CONT. Hrg. on Debtor's Motion filed 6/17/21 to Dismiss or to Convert to Chapter 11


From: 6/29/21 EH             

Docket 64


Tentative Ruling:

Tentative for 7/27/21 is to DENY.


Debtor seeks to convert its chapter 7 case to chapter 11 or, alternatively, have it dismissed. Debtor, as a corporate entity, does not have an automatic right to voluntarily dismiss a Chapter 7 bankruptcy case. 11 U.S.C. §707(b) (1). See also In re Amaro, No. 20-80051, 2020 Bankr. LEXIS 2751, at *18-19 (Bankr. N.D. Ill. Sep. 30, 2020) ("In limiting the section [related to automatic voluntary dismissal] to cases 'filed by an individual debtor . . . whose debts are primarily consumer debts,' the section is limited to (1) voluntary cases filed by a debtor, not involuntary cases, (2) cases involving individual debtors, not corporate debtors, and (3) debtors with primarily consumer, not business- related, debts.")


Therefore, in order to dismiss or convert Debtor's case to Chapter 11, Debtor must demonstrate that "cause" exists to do so. 11 U.S.C. §§ 707(a) and 706(b).


A determination of what constitutes "cause" for dismissal rests within sound discretion of Bankruptcy Court, guided by general equitable principles, including balancing of competing interests. In re Cecil, 71 B.R. 730, 15 Bankr. Ct. Dec. (LRP) 918 (BC WD Va 1987).


Likewise, in evaluating whether "cause" exists to convert a case from Chapter 7 to Chapter 11 depends on the consideration of a variety of factors,

11:00 AM

CONT...


Empire Transportation Services, Inc.


Chapter 7

including:

  1. whether debtors’ ability to pay a significant amount to creditors;

  2. whether debtor’s have been guilty of "bad faith" in seeking Chapter 7 relief;

  3. whether a debtor can propose a confirmable plan;

  4. whether the primary purpose of the chapter 11 plan is to liquidate or reorganize; and

  5. whether conversion benefits all parties in the case.


See In re Lenartz, 263 B.R. 331, 334 (Bankr. D. Idaho 2001); In re Parvin, 538 B.R. at 102. In re LaFountaine, 2016 WL 3344003, at *3; In re Decker, 535 B.R. at 839.


Here, both the Chapter 7 Trustee and major creditor, SBA, have objected to the dismissal and/or conversion of this case, noting that Debtor has provided no evidence demonstrating an adequate showing of cause. Debtor has provided no evidence that creditors will receive more in Chapter 11 than Chapter 7 (or even that Debtor's will be able to propose a feasible plan of reorganization), and there is likewise no evidence presented to demonstrate that Debtor's financial woes will be better addressed outside of the bankruptcy process.


Therefore, the Court is inclined to DENY Debtor's 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/1610590393 Meeting ID: 161 059 0393

11:00 AM

CONT...

Empire Transportation Services, Inc.

Chapter 7

Password: 931910

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 059 0393

Password: 931910


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Empire Transportation Services, Inc. Represented By

Thomas M Alexander Jr

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim Carmela Pagay

11:00 AM

6:21-11576


Gildardo Ramos


Chapter 7

Adv#: 6:21-01065 Frealy v. Ramos et al


#7.00


STATUS CONFERENCE re: Complaint by Todd A Frealy against Ivan Ramos, Jonathan Ramos for: 1. Avoidance of Voidable Transfer; 2. Recovery of Avoidable Transfer; and 3. Turnover of Property [11 U.S.C. §§ 542, 544, and

550]


EH            


Docket 1

*** VACATED *** REASON: CONTINUED TO 9/28/21 AT 11:00 AM BY ORDER ENTERED 7/19/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gildardo Ramos Represented By Marlin Branstetter

Defendant(s):

Ivan Ramos Pro Se

Jonathan Ramos Pro Se

Joint Debtor(s):

Alma Delia Ramos Represented By Marlin Branstetter

Plaintiff(s):

Todd A Frealy Represented By Carmela Pagay

Trustee(s):

Todd A. Frealy (TR) Represented By

11:00 AM

CONT...


Gildardo Ramos


Carmela Pagay


Chapter 7

1:30 PM

6:20-13807


MA KAZAZ


Chapter 7

Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ


#8.00


PRE-TRIAL CONFERENCE re: Complaint by NextGear Capital Inc against MA KAZAZ. for Dischargeability under Section 523(a)(2), 523(a)(4), and 523(a)(6)


From: 3/9/21 EH            

Docket 1


Tentative Ruling:

Tentative for 7/27/21:


For the reasons more fully stated below, the Court is inclined to: (1) sanction the parties in the amount of $250.00 each for failure to timely file a pre-trial stipulation, (2) issue an order to show cause ("OSC") why this case should not be dismissed for Plaintiff's failure to prosecute, which will be heard on October 13, 2021, at 1:30 p.m., and (3) set a continued pre-trial conference

on October 13, 2021, at 1:30 p.m.


Any response to the OSC, as well as a joint pre-trial stipulation, shall be due not later than September 29, 2021.


This case was previously dismissed for Plaintiff's failure to file a status report in accordance with the Court's rules and instructions and attend the initial status conference held on December 2, 2020. That dismissal was vacated when the Court granted Plaintiff's motion for reconsideration, which contained assurances that "similar mistakes will not occur again." Dk. 11, Pg. 2:20-21.


On March 9, 2021, the Court held a status conference where it issued its scheduling order and set the present pre-trial conference for hearing on 7/27. The order entered March 31, 2021 [Dk. 22] required that all parties cooperate and follow applicable local and federal rules. Pursuant to LBR 7016-1(b)(1) (b), a pre-trial stipulation must be filed and served not less than 14 days prior

1:30 PM

CONT...


MA KAZAZ


Chapter 7

to the date set for the pre-trial conference. The parties have not filed a timely pre-trial stipulation.


Plaintiff incorrectly filed a unilateral status report [Dk. 26] on 7/20/21 (nearly a week after the deadline to file a pre-trial stipulation) which does not contain the information required in advance of a pre-trial conference. Further, Plaintiff does not include a declaration setting forth its efforts to obtain a joint pre-trial stipulation with Defendant.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1618274194 Meeting ID: 161 827 4194

Password: 808346

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 827 4194

Password: 808346

For further details, please consult the instructions on the Court’s website

1:30 PM

CONT...

MA KAZAZ

Chapter 7

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 3/9/21:


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


  1. Discovery cutoff: May 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: June 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.


  3. Pretrial conference: July 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. Virtual appearances are required.

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

Tentative for 12/2/20:

1:30 PM

CONT...


MA KAZAZ


Chapter 7


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.

Party Information

Debtor(s):

MA KAZAZ Represented By

Lotfy Mrich

Defendant(s):

MA KAZAZ Represented By

Lotfy Mrich

Plaintiff(s):

NextGear Capital Inc Represented By

Tom Roddy Normandin

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

8:21-11501


Alejandra Javian


Chapter 7


#1.00


Motion for relief from stay [Personal Property]


Toyota Motor Credit Corporation dba Toyota Financial Services vs. DEBTOR (Motion filed 6/25/2021)


[RE: 2019 Toyota Camry - VIN No.: 4T1B11HK2KU837390]


Docket 8


Tentative Ruling:

Tentative for 7/28/21:


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: 160 439 1539


Password: 920526


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Alejandra Javian


Party Information


Chapter 7

Alejandra Javian Represented By Rex Tran

Movant(s):

Toyota Motor Credit Corporation Represented By

Kirsten Martinez

Trustee(s):

Jeffrey I Golden (TR) Pro Se

10:00 AM

8:21-11090


Marlene Perez


Chapter 7


#2.00


Motion for relief from stay [Personal Property]


Toyota Lease Trust, As Serviced By Toyota Motor Credit Corporation d/b/a Toyota Financial Services vs. DEBTOR

(Motion filed 6/22/2021)


[RE: 2018 Toyota Camry - VIN No.: 4T1B6HK2JU116261]


Docket 8


Tentative Ruling:

Tentative for 7/28/21:


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: 160 439 1539


Password: 920526


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Marlene Perez


Party Information


Chapter 7

Marlene Perez Represented By Jenny L Doling

Movant(s):

Toyota Lease Trust, as serviced by Represented By

Austin P Nagel

Trustee(s):

Richard A Marshack (TR) Pro Se

10:00 AM

8:21-10246


Texas Tire Warehouse, LLC


Chapter 7


#3.00


Motion for relief from stay [Personal Property]


Toyota Industries Commercial Finance, Inc. vs, DEBTOR (Motion filed 6/23/2021)


[RE: 2019 Toyota 8FGCU25 - Serial No.: 05401]


Docket 63


Tentative Ruling:

Tentative for 7/28/21:


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: 160 439 1539


Password: 920526


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Texas Tire Warehouse, LLC

Party Information


Chapter 7

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Movant(s):

Toyota Industries Commercial Represented By Sean C Ferry

Trustee(s):

Karen S Naylor (TR) Pro Se

10:00 AM

8:21-10246


Texas Tire Warehouse, LLC


Chapter 7


#4.00


Motion for relief from stay [Personal Property]


Toyota Industries Commercial Finance, Inc. vs, DEBTOR (Motion filed 6/23/2021)


[RE: 2019 Toyota 8FGCU25 - Serial No.: 05380]


Docket 64


Tentative Ruling:

Tentative for 7/28/21:


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: 160 439 1539


Password: 920526


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Texas Tire Warehouse, LLC

Party Information


Chapter 7

Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold

Movant(s):

Toyota Industries Commercial Represented By Sean C Ferry

Trustee(s):

Karen S Naylor (TR) Pro Se

11:00 AM

8:20-11643


James A. Trent


Chapter 7


#5.00


CONT'D Hearing RE: Amended Chapter 7 Trustee's Motion For Turnover Of Property Of The Estate And Objection To Debtor's Claim Of Exemption (Amended motion filed 1/19/2021)


FR: 2-3-21; 3-3-21; 5-5-21; 6-2-21


Docket 108


Tentative Ruling:

Tentative for 7/28/21:


This matter is CONTINUED to September 15, 2021, at 11:00 a.m. pursuant to the representations contained in the unilateral status report filed 7/15/21 [Dk. 143] that settlement negotiations are ongoing. A status report, which details the status of the settlement negotiations, shall be due not later than 14 days prior to the continued status conference.


Appearances for the 7/28 hearing are excused.


**************************************************************************** Tentative for 6/2/21:


This matter is CONTINUED to July 28, 2021, at 11:00 a.m. pursuant to the representations in the unilateral status report filed 5/19/21 [Dk. 138] that settlement negotiations are ongoing. A status report shall be due not later than 14 days prior to the continued status conference.


Appearances for the 6/2 hearing are excused.


**************************************************************************** Tentative for 5/5/21 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

11:00 AM

CONT...


James A. Trent


Chapter 7

opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.


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

Party Information

Debtor(s):

James A. Trent Represented By Christine A Kingston

Movant(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall Jeffrey I Golden

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Ryan W Beall Jeffrey I Golden

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:21-01024 Albert-Sheridan v. Green et al


#6.00


Hearing RE: Defendant Philip Wilton Green's Motion To Dismiss Plaintiff's Complaint Under Rule 12(b)(6) Of The Federal Rules Of Civil Procedure [Also Rule 7012 (b)(6) Of The Federal Rules Of The Bankruptcy Procedure] (Motion filed 7/6/2021)


Docket 6


Tentative Ruling:

Tentative for 7/28/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1603445534 Meeting ID: 160 344 5534

Password: 356406


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7

Meeting ID: 160 344 5534

Password: 356406


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Philip Wilton Green Represented By Thomas J Polis

Francis B Lantieri Pro Se

Gary A Schneider Pro Se

10675 S Orange Park Blvd LLC Pro Se

Movant(s):

Philip Wilton Green Represented By Thomas J Polis

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

11:00 AM

CONT...

Trustee(s):


Lenore LuAnn Albert-Sheridan


Chapter 7

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company


#7.00


CONT'D Hearing RE: Trustee's Motion For Partial Summary Adjudication Against Scottsdale Insurance Company

(Motion filed 6/10/2021) FR:

Docket 51

*** VACATED *** REASON: ORDER CONTINUING HEARING ON TRUSTEE'S MOTION FOR PARTIAL SUMMARY ADJUDICATION, REQUIRING IN PERSON APPEARANCES, AND SETTING BRIEFING SCHEDULE ENTERED 7-16-2021 - (DOCKET NO. [68])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Scottsdale Insurance Company Represented By Valerie D Rojas

Christopher B. Burch Sabrina C Haurin

Plaintiff(s):

Richard A Marshack Represented By Christopher O Rivas Benjamin R Fliegel

11:00 AM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello Laila Masud

11:00 AM

8:21-10225


Mike Gomez


Chapter 7

Adv#: 8:21-01018 Gomez et al v. Synchrony Bank et al


#8.00


STATUS CONFERENCE Hearing RE: Complaint For Willful Violations Of The Automatic Stay; Damages Pursuant To 11 U.S.C. Section 362(k)

(Complaint filed 5/5/2021)


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING DEFENDANTS' MOTON TO DISMISS PLAINTIFFS' ADVERSARY PROCEEDING COMPLAINT ENTERED 7-22-2021 - (DOCKET NO. [25])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mike Gomez Represented By

Nicholas M Wajda

Defendant(s):

Synchrony Bank Represented By Stephanie J Boone

Patenaude & Felix, APC Represented By Stephanie J Boone

Joint Debtor(s):

Shana Ruth Gomez Represented By Nicholas M Wajda

Plaintiff(s):

Shana Ruth Gomez Represented By

Carlos C Alsina-Batista

Mike Gomez Represented By

11:00 AM

CONT...


Trustee(s):


Mike Gomez


Carlos C Alsina-Batista


Chapter 7

Karen S Naylor (TR) Pro Se

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al


#9.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:

  1. Breach Of Fiduciary Duty;

  2. Aiding And Abetting Breach Of Fiduciary Duty;

  3. Avoidance Of Actual Fraudulent Transfers Under 11 U.S.C. Section 548(a) (1)(A);

  4. Avoidance Of Constructive Fraudulent Transfers Under 11 U.S.C. Section 548(a)(1)(B);

  5. Recovery Of Fraudulent Transfers Under 11 U.S.C. Sections 550 And 551;

  6. Avoidance And Recovery Of Actually Fraudulent Transfers Under 11 U.S.C. Section 544 And Cal. Civ. Code Section 3439.04;

  7. Avoidance And Recovery Of Constructively Fraudulent Transfers Under 11

    U.S.C. Section 544 And Cal. Civ. Code Section 3439.05

  8. Recovery Of Illegal Dividends Under Cal. Corp. Code Sections 500, 501 And 506;

  9. Equitable Subordination Of Claims Under 11 U.S.C. Section 510(c);

  10. Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(A);

  11. Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(C);

  12. Breach Of Contract;

  13. Money Lent;

  14. Open Book Account;

  15. Violation Of Cal. Penal Code Section 496(c);

  16. Accounting;

  17. Constructive Trust; And

  18. Misappropriation Of Trade Secrets (Complaint filed 3/11/2021)

(First Amended Complaint filed 4/29/2021) FR: 6-2-21; 6-16-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - CASE REASSIGNED TO HONORABLE MARK S. WALLACE ON 6-4-2021

Tentative Ruling:

- NONE LISTED -

11:00 AM

CONT...


Debtor(s):


Ruby's Diner, Inc., a California corporation

Party Information


Chapter 7

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Beachcomber Management Crystal Represented By

Leo A Bautista Maria L Garcia

Aviram Edward Muhtar

Lighthouse Cafe, LLC Represented By Carl Mueller

Beachcomber at Crystal Cove, LLC Represented By

Carl Mueller

Shake Shack Crystal Cove, LLC Represented By

Carl Mueller

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

11:00 AM

CONT...

Trustee(s):


Ruby's Diner, Inc., a California corporation


Chapter 7

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Christopher Dale Beatty

11:00 AM

8:20-11007


Sharif M. Atta


Chapter 7

Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta


#10.00


Hearing RE: Motion To Modify Scheduling Order (Motion filed 6/23/2021)


Docket 43

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION TO MODIFY SCHEDULING ORDER, VACATING HEARING, AND CONTINUING PRE-TRIAL CONFERENCE ENTERED 7-15-2021 - (DOCKET NO. [49])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sharif M. Atta Represented By Leonard W Stitz

Defendant(s):

Sharif Atta Pro Se

Movant(s):

Meineke Franchisor SPV LLC Represented By Lawrence J Hilton

Econo Lube Franchisor SPV LLC Represented By

Lawrence J Hilton

Plaintiff(s):

Meineke Franchisor SPV LLC Represented By Lawrence J Hilton

Econo Lube Franchisor SPV LLC Represented By

Lawrence J Hilton

11:00 AM

CONT...

Trustee(s):


Sharif M. Atta


Chapter 7

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#11.00


CONT'D 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]


FR: 12-3-20; 1-6-21; 3-24-21; 4-14-21; 4-28-21; 5-19-21


Docket 22


Tentative Ruling:

Tentative for 7/28/21:


This matter is CONTINUED to September 15, 2021, at 11:00 a.m., in light of the representations made in the Stipulation filed 6/30/21 [Dk. 106] and unilateral status conference statement filed 7/20/21 [Dk. 110] that a settlement has been reached and the parties are waiting for resolution of a related matter pending in China. A status report is due not later than 14 days prior to the continued hearing.


The Court had previously required a status report be filed not later than 14 days before this 7/28 hearing; however, a unilateral status conference statement was filed only 8 days prior to the hearing. The Court will excuse the non-compliance in this instance, but future violations of this Court's orders may result in monetary or non-monetary sanctions.


Appearances for the 7/28 hearing are excused.


******************************************************************************** Tentative for 5/19/21:


This matter is CONTINUED to July 28, 2021, at 11:00 a.m., in light of the representations made in status report filed 5/10/21 [Dk. 99]. A status report

11:00 AM

CONT...


Yifeng Gao and Liping Wu


Chapter 7

shall be due 14 day in advance.


Appearances for the 5/19 hearing are excused.


****************************************************************************** Tentative for 4/28/21:


This matter is CONTINUED to May 19, 2021, at 11:00 a.m., to be heard concurrently with the anticipated Motion to Approve Settlement Agreement. A status report shall not be required.


Appearances for the 4/28 hearing are excused.


***************************************************************************** Tentative for 3/24/21 is to CONTINUE to April 14, 2021 at 11:00 a.m., to be heard in conjunction with the anticipated Motion to Approve Settlement Agreement, as requested in the Movant's Unilateral Status Report filed 3/11/21 [Dk. 74].


Appearances for the 3/24 hearing are excused.


***************************************************************************** Tentative for 12/3/20:


Virtual appearances are required.

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Movant(s):

Jonathan Lam Represented By

11:00 AM

CONT...


Trustee(s):


Yifeng Gao and Liping Wu


Brent D Meyer


Chapter 7

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

11:00 AM

8:20-12542


Yifeng Gao and Liping Wu


Chapter 7


#12.00


CONT'D Hearing RE: Objection To Debtors' Claim Of Exemptions (Motion filed 11/20/2020)

(Set per Order Entered 11/20/2020) (Continued per Order Entered 12/28/2020)


FR: 1-6-21; 3-24-21; 4-14-21; 4-28-21; 5-19-21


Docket 29


Tentative Ruling:

Tentative for 7/28/21:


See tentative for related matter #11. Appearances for the 7/28 hearing are excused.

***************************************************************************** Tentative for 5/19/21:


This matter is CONTINUED to July 28, 2021, at 11:00 a.m., in light of the representations made in status report filed 5/10/21 [Dk. 99]. A status report shall be due 14 day in advance.


Appearances for the 5/19 hearing are excused.


******************************************************************************* Tentative for 4/28/21:


This matter is CONTINUED to May 19, 2021, at 11:00 a.m., to be heard concurrently with the anticipated Motion to Approve Settlement Agreement. A status report shall not be required.


Appearances for the 4/28 hearing are excused.

11:00 AM

CONT...


Yifeng Gao and Liping Wu


Chapter 7

***************************************************************************** Tentative for 3/24/21 is to CONTINUE to April 14, 2021 at 11:00 a.m., to be heard in conjunction with the anticipated Motion to Approve Settlement Agreement, as requested in the Movant's Unilateral Status Report filed 3/11/21 [Dk. 74].


Appearances for the 3/24 hearing are excused.


****************************************************************************** Tentative for 1/6/21 is to CONTINUE to May 19, 2021 at 11:00 a.m. A status report is due 14 days in advance.

Party Information

Debtor(s):

Yifeng Gao Represented By

Erik P Wu

Joint Debtor(s):

Liping Wu Represented By

Erik P Wu

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello

1:30 PM

8:20-12329


Christopher Alexander Todero


Chapter 11


#13.00


CONT'D Hearing RE: Confirmation Of First Amended Subchapter V Plan Of Reorganization

(Plan filed 11/17/2020)

(First Amended Plan filed 4/8/2021) FR: 1-21-21; 3-11-21; 5-20-21; 6-3-21

Docket 122


Tentative Ruling:

Tentative for 7/28/21:


The Court, upon request of the Debtor, previously entered an order continuing the hearing regarding confirmation of Debtor's plan of reorganization to July 28, 2021, and requiring any motion in support of confirmation to be filed by not later than July 7, 2021. Additionally, the order continued the status conference to the same date and required a status report to be filed by July 14, 2021.


Having reviewed the status report filed by SubV Trustee on 7/15/21 [Dk. 149], and noting that Debtor has not filed a confirmation motion or timely status report, the Court is inclined to DENY confirmation and issue an order to show cause ("OSC") for why this case should not be converted to Chapter 7 or dismissed. The OSC shall be heard on September 15, 2021, at 1:30 p.m. Any response to the OSC must be filed by August 25, 2021.


Additionally, the Court is inclined to continue the status conference to September 15, 2021, at 1:30 p.m., with a status report 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

1:30 PM

CONT...


Christopher Alexander Todero


Chapter 11

videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1619628440 Meeting ID: 161 962 8440

Password: 267657

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may 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 8440

Password: 267657


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

1:30 PM

CONT...

Debtor(s):


Christopher Alexander Todero


Chapter 11

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-12329


Christopher Alexander Todero


Chapter 11


#14.00


CONT'D STATUS CONFERENCE Hearing RE : Order:

  1. Setting Conference On Status Of Subchapter V case;

  2. Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;

  3. Requiring Subchapter V Trustee To Appear At Status Conference;

  4. Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And

  5. Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)

(Amended Order Entered 8/20/2020)


FR: 10-8-20; 1-7-21; 1-21-21; 3-11-21; 4-29-21; 6-3-21


Docket 9


Tentative Ruling:

Tentative for 7/28/21:


See tentative for related matter #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/1619628440 Meeting ID: 161 962 8440

1:30 PM

CONT...


Christopher Alexander Todero


Chapter 11


Password: 267657

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may 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 8440

Password: 267657


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Christopher Alexander Todero Represented By Anerio V Altman

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#15.00


Hearing RE: Final Application For Allowance Of Compensation And Reimbursement Of Expenses For The Period From March 1, 2021 Through June 28, 2021

(Application filed 7/2/2021)


[RE: FINANCIAL RELIEF LAW CENTER - Attorneys For Reorganized Debtor]

[Fees: 3,941.00; Expenses: $56.40]


[Final Approval Of Previously Awarded Fees: $40,978.00] [Final Approval Of Previously Awarded Expenses: $232.90]


Docket 128


Tentative Ruling:

Tentative for 7/28/21 is to GRANT 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: 161 962 8440


Password: 267657


Parties making telephonic appearances are reminded to have all relevant

1:30 PM

CONT...


Gary Song Jiunn Mor


Chapter 11

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw

Arnold H. Wuhrman

Movant(s):

Gary Song Jiunn Mor Represented By Andy C Warshaw Andy C Warshaw

Arnold H. Wuhrman Arnold H. Wuhrman

1:30 PM

8:20-13447


Jump Westminster, LLC


Chapter 11


#16.00


CONT'D Hearing RE: Motion Of Washington Prime Group, Inc.To Compel Immediate Payment Of Post Petition Rent

(Motion filed 4/28/2021)


FR: 6-3-21; 6-17-21; 7-1-21


Docket 54


Tentative Ruling:

Tentative for 7/28/21:


This matter is CONTINUED to September 15, 2021, at 1:30 p.m. in light of the representations set forth in the status report filed 7/14/21 [Dk. 100]. A status report is due not later than 14 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


Appearances for the 7/28 hearing are excused.


**************************************************************************** Tentative for 7/1/21:

This matter is CONTINUED to July 28, 2021, at 1:30 p.m. A status report is due not later than 14 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


Appearances for the 7/1 hearing are excused.


**************************************************************************** Tentative for 6/17/21:


This matter is CONTINUED to July 1, 2021, at 11:00 a.m. A status report is due not later than 7 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.

1:30 PM

CONT...


Jump Westminster, LLC


Chapter 11


Appearances for the 6/17 hearing are excused.

Party Information

Debtor(s):

Jump Westminster, LLC Represented By Garrick A Hollander

Movant(s):

Washington Prime Group Inc. Represented By Kenneth Hennesay Ronald E Gold

1:30 PM

8:20-13447


Jump Westminster, LLC


Chapter 11


#17.00


CONT'D Hearing RE: Motion To Confirm Rejection Of Unexpired Lease And Compel The Debtor To Immediately Surrender Possession Of The Premises (Motion filed 4/28/2021)


FR: 6-3-21; 6-17-21; 7-1-21


Docket 52


Tentative Ruling:

Tentative for 7/28/21:


This matter is CONTINUED to September 15, 2021, at 1:30 p.m. in light of the representations set forth in the status report filed 7/14/21 [Dk. 100]. A status report is due not later than 14 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


Appearances for the 7/28 hearing are excused.


**************************************************************************** Tentative for 7/1/21:

This matter is CONTINUED to July 28, 2021, at 1:30 p.m. A status report is due not later than 14 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


Appearances for the 7/1 hearing are excused.


**************************************************************************** Tentative for 6/17/21:


This matter is CONTINUED to July 1, 2021, at 11:00 a.m. A status report is due not later than 7 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.

1:30 PM

CONT...


Jump Westminster, LLC


Chapter 11


Appearances for the 6/17 hearing are excused.

Party Information

Debtor(s):

Jump Westminster, LLC Represented By Garrick A Hollander

Movant(s):

Washington Prime Group Inc. Represented By Kenneth Hennesay Ronald E Gold

1:30 PM

8:20-13447


Jump Westminster, LLC


Chapter 11


#18.00


CONT'D Motion for relief from stay [Unlawful Detainer]


Westminster Mall, LLC vs. DEBTOR (Motion filed 5/7/2021)


[RE: 1025 Westminster Mall, #2086A, Westminster CA 92683]


FR: 6-3-21; 6-17-21


Docket 68


Tentative Ruling:

Tentative for 7/28/21:


This matter is CONTINUED to September 15, 2021, at 1:30 p.m. in light of the representations set forth in the status report filed 7/14/21 [Dk. 100]. A status report is due not later than 14 days prior to the continued hearing and should detail the status of the settlement efforts between the parties.


Appearances for the 7/28 hearing are excused.


**************************************************************************** Tentative for 6/17/21:


This matter is CONTINUED to July 28, 2021, at 1:30 p.m. to allow Movant to effectuate proper service of this Motion pursuant to the below.


The Court notes that the Movant has not properly served this motion upon Debtor and the 20 Largest Creditors in accordance with FRBP 9014(b), as incorporated by FRBP 4001(a)(1), and 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

1:30 PM

CONT...


Jump Westminster, LLC


Chapter 11

of law to receive service of process.” The proof of service reflects that Debtor and 20 Largest Creditors were served, but does not indicate that service was directed to the attention of an officer or agent as required.


Appearances for the 6/17 hearing are excused.

Party Information

Debtor(s):

Jump Westminster, LLC Represented By Garrick A Hollander

Movant(s):

Westminster Mall, LLC Represented By Ronald E Gold Kenneth Hennesay

1:30 PM

8:18-14052


Kendall Frozen Fruits, Inc.


Chapter 11


#19.00


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

Management Conference And (2) Requiring Status Report (Petition filed 11/5/18)

(PESC set at Confirmation hearing held 9/3/2020)


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

4-16-20; 6-11-20; 6-25-20; 9-3-20; 12-3-20; 4-29-21


Docket 14


Tentative Ruling:

Tentative for 7/28/21:


This matter is CONTINUED to November 17, 2021, at 1:30 p.m. A status report is due 14 days in advance, and should provide status of the issues identified in the status report filed 7/14/21 [Dk. 419].


Appearances for the 7/28 hearing are excused.


**************************************************************************** Tentative for 4/29/21:


This matter is CONTINUED to July 28, 2021, at 1:30 p.m. A status report is due 14 days in advance, and should address Debtor's proposed path for resolution of the outstanding issues identified in the status report filed 4/15/21 [Dk. 414].


Appearances for the 4/29 hearing are excused.


***************************************************************************** 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.

1:30 PM

CONT...


Debtor(s):


Kendall Frozen Fruits, Inc.

Party Information


Chapter 11

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

Annie Y Stoops

M Douglas Flahaut Aram Ordubegian

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#20.00


Hearing RE: First And Final Application For Compensation And Reimbursement Of Expenses For The Following:

(Application filed 7/7/2021)


[RE: GROBSTEIN TEEPLE, LLP - Accountants For Chapter 11 Debtors]


[RE: ROCKPORT - For Period From May 13, 2020 Through July 2, 2021] [Fees: $66,190.50; Expenses: 19.80]


[RE: TIARA - For Period From July 8, 2020 Through July 2, 2021] [Fees: $15,128.50: Expenses: $9.30]


Docket 577


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making telephonic appearances are reminded to have all relevant

1:30 PM

CONT...


Rockport Development, Inc.


Chapter 11

filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Grobstein Teeple LLP Pro Se

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#21.00


Hearing RE: Second And Final Fee Application for Pre-Confirmation Fees And Costs For The Period From November 1, 2020 Through July 11, 2021: (Application filed 7/7/2021)


[RE: MARSHACK HAYS LLP - Attorneys for Debtor And Debtor-In- Possession]

[Fees: $109,711.50; Expenses: $12,401.12]


[RE: TIARA]

First Interim Aplication For Pre-Confirmation Fees And Costs For The Period From May 7, 2020 Through October 30, 2020:

[Fees: $80,653.50; Expenses: $4,531.29]


[RE: AFFILIATES]

First Interim Aplication For Pre-Confirmation Fees And Costs For The Period From May 7, 2020 Through October 30, 2020:

[Fees: $59,818.00; Expenses: $0.00]


Docket 578


Tentative Ruling:

Tentative for 7/28/21 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.

1:30 PM

CONT...


Rockport Development, Inc.


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 962 8440

Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Marshack Hays LLP Represented By Matthew Grimshaw

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#22.00


Hearing RE: First And Final Fee Application For Pre-Confirmation Fees And Costs For The Period From May 7, 2020 Through June 11, 2021 (Application filed 7/7/2021)


[RE: FORCE TEN PARTNERS, LLC - Chief Restructuring Officer For Debtor And Debtor-In-Possession]

[Fees: $622,355.00; Expenses: $1,454.70]


Docket 579


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

1:30 PM

CONT...

Debtor(s):


Rockport Development, Inc.


Chapter 11

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:19-13728


Thompson National Properties, LLC


Chapter 11

Adv#: 8:21-01040 Seror v. Thompson et al


#23.00


Hearing RE: Motion For A Preliminary Injunction (Motion filed 6/25/2021)


Docket 4

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 11:00 A.M. PER ORDER ON STIPULATION BETWEEN PLAINTIFF DAVID SEROR, AS LITIGATION TRUSTEE FOR THOMPSON NATIONAL PROPERTIES, LLC, AND DEFENDANTS SHARON DIANE THOMPSON, ROGER 14 LLC AND GROVER 74 LLC ENTERED 7-20- 2021 (DOCKET NO. [9])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thompson National Properties, LLC Represented By

Leonard M Shulman

Defendant(s):

Sharon Diane Thompson Represented By Christopher J Harney

Roger 14, LLC Represented By Christopher J Harney

Grover 74, LLC Represented By Christopher J Harney

Movant(s):

David Seror Represented By

Jessica Wellington

1:30 PM

CONT...


Thompson National Properties, LLC


Chapter 11

Plaintiff(s):

David Seror Represented By

Jessica Wellington

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#24.00


Hearing RE: Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 12, 2020 Through June 30, 2021

(Application filed 7/7/2021)

[RE: Debtor: CA See Jane Go Fund, LLC, ONLY]


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]

[Fees: $668.50; Expenses: $0.00]


Docket 1515


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making 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

CONT...


Debtor(s):


WJA Asset Management LLC

Party Information


Chapter 11

WJA Asset Management LLC Represented By

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

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

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

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#25.00


Hearing RE: Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 12, 2020 Through June 30, 2021

(Application filed 7/7/2021)

[RE: Debtor: Urban Produce Fund, LLC, ONLY]


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]

[Fees: $695.00; Expenses: $0.00]


Docket 1517


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making 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

CONT...


Debtor(s):


WJA Asset Management LLC

Party Information


Chapter 11

WJA Asset Management LLC Represented By

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

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

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

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#26.00


Hearing RE: Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 12, 2020 Through June 30, 2021

(Application filed 7/7/2021)

[RE: Debtor: CA Whirl Fund, LLC, ONLY]


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]

[Fees: $668.50; Expenses: $0.00]


Docket 1519


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making 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

CONT...


Debtor(s):


WJA Asset Management LLC

Party Information


Chapter 11

WJA Asset Management LLC Represented By

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

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

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

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#27.00


Hearing RE: Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 12, 2020 Through June 30, 2021

(Application filed 7/7/2021)

[RE: Debtor: Whirl Fund, LLC, ONLY]


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]

[Fees: $695.00; Expenses: $0.00]


Docket 1521


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

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

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#28.00


Hearing RE: Seventh Interim Fee Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 1, 2020 Through June 30, 2021

(Application filed 7/7/2021)


[RE: SULMEYERKUPETZ, A Professional Corporation - Attorneys for Official Commitee OF Unsecured Creditors of TD REO, LLC; TD Opportunity Fund, LLC, Equity Index Manged Fund, LLC And WJA Secure Real Estate Fund, LLC]

[Fees: $15,490;00; Expenses: $0.00]


(Broken Down As Follows:

[RE: General Cases: Fees: $2,875.00; Expenses: $0.00] [RE: TD REO: Fees: $10,405.00; Expenses: $0.00]

[RE: TD Opportunity Fund: Fees: $2,210.00; Expenses: $0.00]


Docket 1523


Tentative Ruling:

Tentative for 7/28/21 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

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11

Meeting ID: 161 962 8440

Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

Movant(s):

SulmeyerKupetz, A Professional Represented By

Mark S Horoupian Steven Werth

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#29.00


Hearing RE: Eleventh Application For Payment Of Interim Fees And Expenses For The Period From April 1, 2020 Through June 30, 2021

(Application filed 7/7/2021)


[RE: RUTAN & TUCKER, LLP - Special Counsel for WJA Asset Management, LLC, et al., the Debtors and Debtors-in-Possession] [Fees: $27,249.50; Expenses: $18.00]


Docket 1524


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

1:30 PM

CONT...

Debtor(s):


WJA Asset Management LLC


Chapter 11

WJA Asset Management LLC Represented By

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

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

Movant(s):

Rutan & Tucker LLP Represented By Roger F Friedman

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#30.00


Hearing RE: Ninth Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 12, 2020 Through June 30, 2021

(Application filed 7/7/2021)


[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]

[Fees: $166,730.50; Expenses: $2,321.89]


Docket 1525


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

1:30 PM

CONT...

Debtor(s):


WJA Asset Management LLC


Chapter 11

WJA Asset Management LLC Represented By

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

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

Movant(s):

WJA Asset Management LLC Represented By

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

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

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#31.00


Hearing RE: Ninth And Final Application For Order Seeking Allowance And Payment Of Previously Awarded Interim Fees And Additional Fees Not Previously Submitted On A Final Basis For The Period From June 7, 2017 Through June 30, 2021

[RE: Debtor: CA See Jane Go Fund, LLC, ONLY]

(Application filed 7/7/2021)


[RE: MENCHACA & COMPANY, LLP - Accountants For Debtor And Debtors-In-Possession]


[For Period From November 12, 2020 Through June 30, 2021] [Fees: $1,200.00; Expenses: $0.00]


[For Period From June 7, 2017 Through November 11, 2020] [Approval Of Fees Previously Awarded On A Final Basis: $13,849.38; Expenses: $0.00]


[For: Period From June 7, 2017 Through June 30, 2021] [Total Fees: $15,049.39; Expenses: $0.00]


Docket 1527


Tentative Ruling:

Tentative for 7/28/21 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.

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 962 8440

Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

Movant(s):

Menchaca & Company LLP Pro Se

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#32.00


Hearing RE: Ninth And Final Application For Order Seeking Allowance And Payment Of Previously Awarded Interim Fees And Additional Fees Not Previously Submitted On A Final Basis For The Period From June 7, 2017 Through June 30, 2021

[RE: Debtor: CA Whirl Fund, LLC, ONLY]

(Application filed 7/7/2021)


[RE: MENCHACA & COMPANY, LLP - Accountants For Debtor And Debtors-In-Possession]


[For: Period From November 12, 2020 Through June 30, 2021] [Fees: $1,008.00; Expenses: $0.00]


[For: Period From June 7, 2017 Through November 11, 2020] [Approval Of Fees Previously Awarded On A Final Basis: $12,522.08; Expenses: $0.00]


[For: Period From June 7, 2017 Through June 30, 2021] [Total Fees: $13,530.08; Expenses: $0.00]


Docket 1528


Tentative Ruling:

Tentative for 7/28/21 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.

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 962 8440

Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

Movant(s):

Menchaca & Company LLP Pro Se

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#33.00


Hearing RE: Ninth And Final Application For Order Seeking Allowance And Payment Of Previously Awarded Interim Fees And Additional Fees Not Previously Submitted On A Final Basis For The Period From June 7, 2017 Through June 30, 2021

[RE: Debtor: Urban Produce Fund, LLC, ONLY]

(Application filed 7/7/2021)


[RE: MENCHACA & COMPANY, LLP - Accountants For Debtor And Debtors-In-Possession]


[For Period From November 12, 2020 Through June 30, 2021] [Fees: $1,248.00; Expenses: $0.00]


[For Period From June 7, 2017 Through November 11, 2020] [Approval Of Fees Previously Awarded On A Final Basis: [Fees: $5,405.80; Expenses: $0.00]


[For: Period From June 7, 2017 Through June 30, 2021] [Total Fees: $6,653.80; Expenses: $0.00]


Docket 1529


Tentative Ruling:

Tentative for 7/28/21 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.

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 962 8440

Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

Movant(s):

Menchaca & Company LLP Pro Se

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#34.00


Hearing RE: Ninth And Final Application For Order Seeking Allowance And Payment Of Previously Awarded Interim Fees And Additional Fees Not Previously Submitted On A Final Basis For The Period From June 7, 2017 Through June 30, 2021

[RE: Debtor: Whirl Fund, LLC, ONLY]

(Application filed 7/7/2021)


[RE: MENCHACA & COMPANY, LLP - Accountants For Debtor And Debtors-In-Possession]


[For Period From November 12, 2020 Through June 30, 2021] [Fees: $1,200.00; Expenses: $0.00]


[For Period From June 7, 2017 Through November 11, 2020] [Approval Of Fees Previously Awarded On A Final Basis: [Fees: $15,364.44; Expenses: $0.00]


[For: Period From June 7, 2017 Through June 30, 2021] [Total Fees: $16,564.44; Expenses: $0.00]


Docket 1530


Tentative Ruling:

Tentative for 7/28/21 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.

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 962 8440

Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

Movant(s):

Menchaca & Company LLP Pro Se

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#35.00


Hearing RE: Ninth Interim Application For Order Approving Payment Of Fees For The Period From November 12, 2020 Through June 30, 2021 (Application filed 7/7/2021)


[RE: MENCHACA & COMPANY, LLP - Accountants For Debtor And Debtors-In-Possession]

[Fees: $9,408.00; Expenses: $0.00]


Docket 1531


Tentative Ruling:

Tentative for 7/28/21 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: 161 962 8440


Password: 267657


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

1:30 PM

CONT...

Debtor(s):


WJA Asset Management LLC


Chapter 11

WJA Asset Management LLC Represented By

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

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

Movant(s):

Menchaca & Company LLP Pro Se

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11

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


#36.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;

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


FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20; 7-16-20; 8-20-20; 10-22-20; 12-17-20;

2-4-21; 4-8-21; 4-29-21


Docket 1


Tentative Ruling:

Tentative for 7/28/21:


The matter is CONTINUED to September 29, 2021, at 1:30 p.m. A status report, whether unilateral or joint, is due 14 days before the continued status conference.


The Court notes that as of the date of the posting of this tentative, the parties have not filed a joint status report as required (see below tentative). 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 7/28 hearing are excused.


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

Tentative for 4/29/21:


This matter is CONTINUED to July 28, 2021, at 1:30 p.m. A status report is due not later than 14 days in advance.


Appearances for the 4/29 hearing are excused.

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11


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

Tentative for 4/8/21:


This matter is CONTINUED to April 29, 2021 at 10:00 a.m., to be heard concurrently with the anticipated motion to enforce settlement pursuant to the Unilateral Status Report filed 3/25/21 [Dk. 50].


Appearances for the 4/8 hearing are excused.


***************************************************************************** Tentative for 2/4/21:


This matter is CONTINUED to April 8, 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.


Appearances for the 2/4 hearing are excused.


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

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11

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.


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

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11

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


Appearances are excused.


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


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


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


Appearances are excused.


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


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


Appearances are excused.


Debtor(s):


Party Information

WJA Asset Management LLC Represented By

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

Kyra E Andrassy

1:30 PM

CONT...


WJA Asset Management LLC


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


Chapter 11

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

10:00 AM

6:20-14881


Melinda Christina Bravo and Daniel Rico


Chapter 7


#1.00


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

[Karl T. Anderson, chapter 7 trustee] [Fees; $423.00; Expenses; $68.69]


Docket 0


Tentative Ruling:

Tentative for 8/3/21 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: 161 709 7775

Password: 082725


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

10:00 AM

CONT...

Debtor(s):


Melinda Christina Bravo and Daniel Rico


Chapter 7

Melinda Christina Bravo Represented By Poonam Kaur Koch

Joint Debtor(s):

Daniel Rico Represented By

Poonam Kaur Koch

Trustee(s):

Karl T Anderson (TR) Represented By Rika Kido

10:00 AM

6:20-17627


Rosa Delia Dionisio Barralaga


Chapter 7


#2.00


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

[Howard Grobstein, chapter 7 trustee] [Fees; $1350.00; Expenses; $0]


Docket 32


Tentative Ruling:

Tentative for 8/3/21 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: 161 709 7775


Password: 082725


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

10:00 AM

CONT...

Debtor(s):


Rosa Delia Dionisio Barralaga


Chapter 7

Rosa Delia Dionisio Barralaga Represented By James G. Beirne

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-12423


Juancarlos Navas


Chapter 7


#3.00


Law Office of W. Derek May - movant attorney Motion for Relief from Stay

Rick Reyes vs. DEBTOR (Motion filed 7/8/21)


Re: ACTION IN NON-BANKRUPTCY FORUM


EH            


Docket 14


Tentative Ruling:

Tentative for 8/3/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1617097775 Meeting ID: 161 709 7775

Password: 082725


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

10:00 AM

CONT...


Juancarlos Navas


Chapter 7

audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 709 7775

Password: 082725


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Juancarlos Navas Represented By Chris T Nguyen

Movant(s):

Rick Reyes Represented By

W. Derek May

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Adv#: 6:21-01022 Frealy v. US Metro Bank et al


#4.00


Hrg. on Cross-Defendant Ben Clymer's Motion filed 6/30/21 to Dismiss US Metro Bank's Cross-Claim on Promissory Note and for Money Lent


EH            


Docket 15

*** VACATED *** REASON: CONT. TO 1:30 P.M. CALENDAR BY ORDER ENTERED 7/29/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Defendant(s):

US Metro Bank Pro Se

Movant(s):

Randolph Ben Clymer Represented By Fahim Farivar

Randolph Ben Clymer Represented By Fahim Farivar

Plaintiff(s):

Todd A. Frealy Represented By Monica Y Kim

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

11:00 AM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy

11:00 AM

6:20-16717


Wendy Valladares


Chapter 7


#5.00


Hrg. on Trustee's Motion filed 7/12/21 to Approve Compromise Under Rule 9019 with Debtor and Defendants Jesse Valladares, Jimmie Alfredo Cardona, and Christopher Alexander Cardona


EH         


Docket 31


Tentative Ruling:

Tentative for 8/3/21 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: 160 640 9869


Password: 246068


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Wendy Valladares Represented By

11:00 AM

CONT...


Movant(s):


Wendy Valladares


Richard L. Sturdevant


Chapter 7

Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

Chad V Haes

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

Chad V Haes

11:00 AM

6:21-12206


Pete Sorasak Chumwong and Candice Kinuyo Chumwong


Chapter 7


#6.00


CONT. Hrg. on Debtors' Motion to Vacate Dismissal From: 7/13/21

EH            


Docket 18


Tentative Ruling:

Tentative for 8/3/21 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: 160 640 9869


Password: 246068


Parties making 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 7/13/21:

11:00 AM

CONT...


Pete Sorasak Chumwong and Candice Kinuyo Chumwong


Chapter 7

This matter is CONTINUED to August 3, 2021, at 11:00 a.m. to allow Movant to comply with applicable local rules.


Pursuant to LBR 1017-2(c)(1), Movant is required to include "as exhibits to the motion all of the documents that were not timely filed," along with a declaration "establishing a sufficient explanation why the documents were not timely filed." Movant must file a supplemental declaration which addresses the foregoing requirements by not later than July 20, 2021.


Appearances for the 7/13 hearing are excused.

Party Information

Debtor(s):

Pete Sorasak Chumwong Represented By Lucas Garcia

Joint Debtor(s):

Candice Kinuyo Chumwong Represented By Lucas Garcia

Movant(s):

Pete Sorasak Chumwong Represented By Lucas Garcia Lucas Garcia

Candice Kinuyo Chumwong Represented By Lucas Garcia

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:20-17331


Kevin Scott Bowers


Chapter 7


#6.10


Hrg. on Chapter 7 Trustee's Motion filed 7/19/21 for Order Requiring Debtor to Immediately Turn Over Monies Debtor Failed to Disclose in Debtors Bankruptcy Case


(OST signed 7/19/21) EH            

Docket 25


Tentative Ruling:

Tentative for 8/3/21:


All property, including contingent property, becomes property of the estate upon the filing of a petition. United States v. Sims (In re Feiler), 218 F.3d 948, 955 (9th Cir. 2000). Thus, any interest in future spousal support becomes property of the estate, subject to any applicable exemptions.


When, as here, a) Debtor has not asserted any exemption to future spousal support, b) Debtor's spousal support arrangement is dramatically altered pursuant to stipulation (from regular monthly payments to a temporary monthly payment combined with a large lump sum) mere months after filing a voluntary bankruptcy petition, and, c) such changes to spousal support are made without the Ch. 7 Trustee's knowledge, questions arise. Specifically, the Court must inquire when Debtor became entitled to the spousal support payments; if he acquired them, or became entitled to them, within 180 days of the petition, they become property of the estate and are subject to turnover to the Trustee.


Debtor filed Chapter 7 bankruptcy on November 6, 2020. Trustee asserts that Debtor was directed to provide Trustee a copy of the judgment of dissolution of marriage from Debtor's former spouse at the final meeting of creditors occurring on January 11, 2021. Trustee asserts Debtor provided documentation showing entitlement to $2,300 per month. Later that day,

11:00 AM

CONT...


Kevin Scott Bowers


Chapter 7

Trustee filed a report of no distribution. On February 17, 2021, Debtor's bankruptcy case was closed.


On July 2, 2021, a stipulation was filed in the dissolution proceeding which reflects an agreement between Debtor and his former spouse whereby Debtor's former spouse would be relieved of her obligation to pay future spousal support to Debtor (effective December 15, 2020) in exchange for 6 monthly payments (beginning in January 2021) and a single lump sum payment to Debtor of $89,000 on July 1, 2021.


Trustee alleges that payments pursuant to the foregoing stipulation have been made to Debtor and seeks immediate turnover of those monies paid, on the grounds that Debtor and Debtor's former spouse reached a tentative agreement in December 2020, but did not finalize the agreement until June 2021 in an effort to avoid the funds becoming property of the estate for the benefit of estate creditors.


Debtor asserts that he did not, in fact, reach any tentative agreement with his former spouse regarding the termination of spousal support, and that the only settlement agreement reached was entered into 217 days after the petition was filed when Debtor was not required to disclose the agreement to Trustee.


The Court is inclined to set an evidentiary hearing on this issue on September 30, 2021, at 10:00 a.m., and order Debtor not to dissipate or otherwise transfer or use the funds in any manner pending further order of the Court.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1606409869

11:00 AM

CONT...


Kevin Scott Bowers


Chapter 7

Meeting ID: 160 640 9869

Password: 246068

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 640 9869

Password: 246068


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Kevin Scott Bowers Represented By Timothy S Huyck

Movant(s):

Larry D Simons (TR) Represented By Anthony A Friedman

11:00 AM

CONT...

Trustee(s):


Kevin Scott Bowers


Chapter 7

Larry D Simons (TR) Represented By Anthony A Friedman

1:30 PM

6:20-14050


Raul A Morales


Chapter 7

Adv#: 6:21-01034 Daff (TR) v. Morales, individually et al


#7.00 CONT. STATUS CONFERENCE re: Complaint by Charles W Daff (TR) against Maria Morales, individually, Maria Morales, as guardian for YANIBEL MORALES, a minor, All Unknown Occupants of 33178 Romance Place, Temecula, California.


From: 5/18/21 EH            

Docket 1


Tentative Ruling:

Tentative for 8/3/21:


This matter is CONTINUED to November 30, 2021, at 11:00 a.m. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


Appearances for the 8/3 hearing are excused.


****************************************************************************** Tentative for 5/18/21:


This matter is CONTINUED to August 3, 2021, at 1:30 p.m. If this matter is not otherwise resolved, a status report (whether unilateral or joint) is due by not later than 14 days in advance.


Appearances for the 5/18 hearing are excused.

Party Information

Debtor(s):

Raul A Morales Pro Se

1:30 PM

CONT...


Raul A Morales


Chapter 7

Defendant(s):

Maria Morales, individually Pro Se

Maria Morales, as guardian for Pro Se All Unknown Occupants of 33178 Pro Se

Plaintiff(s):

Charles W Daff (TR) Represented By Chad V Haes Tinho Mang

D Edward Hays

Trustee(s):

Charles W Daff (TR) Represented By

D Edward Hays Tinho Mang Chad V Haes

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#8.00


Hrg. on Motion For Sale of Property of the Estate under Section 363(b) -for Order Authorizing Private Sale Of Real Property (12203 Magnolia Ave., Riverside, CA) Free And Clear Of Liens, Claims And Encumbrances


EH            


Docket 517


Tentative Ruling:

Tentative for 8/3/21 is to APPROVE.


Having reviewed the pleadings and docket in this case, the Court notes that neither the Trustee nor Clymer have correctly ascertained the amount owed to Clymer pursuant to the Clymer Settlement Agreement. As it is premature for the Court to calculate an amount certain at this time, Clymer's requests related to the distribution owed to Clymer are denied.


Pursuant to the terms of the Sale Motion, the Trustee shall be required to hold all sale proceeds remaining after the payment of (i) unpaid property taxes to Riverside Tax through the closing date, (ii) $3,150,000 to Metro Bank, (iii) commissions payable to NAI and Buyer’s broker, and (iv) all closing costs and expenses, including, without limitation, escrow and title fees, and prorations or adjustments required to be paid by the “Seller” under the Sale Agreements. Such remaining proceeds (which will include the amounts owed to Clymer under the Clymer Settlement Agreement) are not to be disbursed absent further order of the Court.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1612522682 Meeting ID: 161 252 2682

Password: 103899

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 252 2682

Password: 103899


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

1:30 PM

CONT...

Debtor(s):


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

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. Carmela Pagay

David B Golubchik Todd A Frealy

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#9.00


Hrg. on Application for Compensation / Application for Payment of Interim Fees and Expenses (11 U.S.C. § 331) for Pope's Antiques & Auctions Inc, Other Professional, Period: 11/1/2020 to 6/30/2021, Fee: $13,135.00, Expenses:

$296.79.


EH            


Docket 521


Tentative Ruling:

Tentative for 8/3/21 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 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: 161 252 2682


Password: 103899


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

1:30 PM

CONT...

Debtor(s):


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Movant(s):

Pope's Antiques & Auctions Inc Pro Se

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Adv#: 6:21-01022 Frealy v. US Metro Bank et al


#10.00


Hrg. on Cross-Defendant Ben Clymer's Motion filed 6/30/21 to Dismiss US Metro Bank's Cross-Claim on Promissory Note and for Money Lent


(Continued from 11:00 a.m. calendar) EH            

Docket 15


Tentative Ruling:

Tentative for 8/3/21:


The Court is inclined to CONTINUE this matter to January 11, 2022 at 1:30 p.m., pending resolution of appeals related to the underlying settlement agreement.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1612522682 Meeting ID: 161 252 2682

Password: 103899


If a participant is unable to send and receive audio through his/her computer,

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 252 2682

Password: 103899


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Defendant(s):

US Metro Bank Pro Se

Movant(s):

Randolph Ben Clymer Represented By Fahim Farivar

Randolph Ben Clymer Represented By Fahim Farivar

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Plaintiff(s):

Todd A. Frealy Represented By Monica Y Kim

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Adv#: 6:21-01022 Frealy v. US Metro Bank et al


#11.00


Cross-Complainant's Motion For Preliminary Injunction To Sequester And Enjoin Distribution Of Estate Funds Comprising Any Anticipated Payment To Cross-

Defendant Pending Final Determination Of Cross-Claim (Motion filed 7/28/21)

(OST signed 7/29/21)


EH            


Docket 22


Tentative Ruling:

Tentative for 8/3/21 is to DENY without prejudice, in light of the Court's tentative on related matter #8.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1612522682 Meeting ID: 161 252 2682

Password: 103899


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 252 2682

Password: 103899


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

Robert M Yaspan

Defendant(s):

US Metro Bank Pro Se

Plaintiff(s):

Todd A. Frealy Represented By Monica Y Kim

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

1:30 PM

CONT...


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7


#1.00


CONT'D Hearing RE: Court To Calculate The Reasonable Number Of Hours Expended On The Motion To Compel An Examination Of Lora Steinmann, And Make A More Appropriate Award Of Attorneys' Fees

(Set per Remand Order By District Court on 3/26/2021) FR: 6-16-21


Docket 1080

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 11:00 A.M. PER ORDER CONTINUING HEARING AFTER REMAND AND SETTING NEW BRIEFING SCHEDULE ENTERED 7-22-2021 - (DOCKET NO. [1130])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#2.00


Hearing RE: Plaintiff's Motion For Reconsideration On Order Dismissing Claims And Parties Dated June 29, 2021

(Motion filed 7/9/2021)


Docket 185

*** VACATED *** REASON: OFF CALENDAR PER ORDER DENYING MOTION FOR RECONSIDERATION AND VACATING HEARING ENTERED 8-2-2021 - (DOCKET NO. [198])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Marc A Shapp Suzanne C Grandt

Brandon Tady Represented By Marc A Shapp Suzanne C Grandt

Alex Hackert Represented By

Marc A Shapp Suzanne C Grandt

Paul Bernardino Represented By Marc A Shapp Suzanne C Grandt

Yvette Roland Hon. Represented By Marc A Shapp

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Suzanne C Grandt


Chapter 7

State Bar Of California Represented By Marc A Shapp Suzanne C Grandt

Timothy Byer, Esq Represented By Marc A Shapp Suzanne C Grandt

Nira Woods Pro Se

Devin Lucas, Esq Represented By David Brian Lally

Movant(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert Lenore L Albert

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#3.00


Hearing RE: Trustee's Motion To: (1) Approve Compromise Under FRBP 9019; And (2) Approve Sale Of Assets Of The Estate Pursuant To 11 U.S.C. Section 363 Free And Clear Of All Liens, Claims, And Interests Subject To Overbid And For Determination Of Good Faith Purchaser

(Motion filed 7/14/2021)


Docket 1111

*** VACATED *** REASON: CONTINUED TO AUGUST 18, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION BETWEEN TRUSTEE, CASBURE MANAGEMENT, AND STEVE CRAIG TO CONTINUE HEARING ON MOTION TO SELL ASSETS ENTERED 8-3-

2021 - (DOCKET NO. [1127])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Movant(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation

Christopher Dale Beatty


Chapter 7

11:00 AM

8:18-13617


Ian G. Winterbotham


Chapter 7

Adv#: 8:20-01118 Marshack v. Discover Financial


#4.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

  1. Avoidance And Recovery Of Preferential Transfers;

  2. Preservation Of Preferential Transfers, And;

  3. Disallowance Of Claims

[11 U.S.C. Sections 547, 550, 551 And 502(d)]

(Complaint filed 8/19/2020)


FR: 11-4-20; 1-20-21; 4-28-21; 5-19-21


Docket 1

*** VACATED *** REASON: OFF CALENDAR PER NOTICE OF DISMISSAL OF ADVERSARY PROCEEDING AND REQUEST THAT PENDING STATUS CONFERENCE BE TAKEN OFF CALENDAR FILED 7-23-2021 - (DOCKET NO. [23])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ian G. Winterbotham Represented By Michael D Franco

Defendant(s):

Discover Financial Represented By Alan J Watson

Joint Debtor(s):

Bree C. Winterbotham Represented By Michael D Franco

Plaintiff(s):

Richard A Marshack Represented By

11:00 AM

CONT...


Trustee(s):


Ian G. Winterbotham


Larry D Simons


Chapter 7

Richard A Marshack (TR) Represented By Larry D Simons

11:00 AM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01190 Murray v. Zahedi


#5.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)

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


FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21; 5-12-21; 5-19-21; 7-14-21


Docket 1

*** VACATED *** REASON: CONTINUED TO AUGUST 18, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION BETWEEN PLAINTIFF AND DEFENDANT TO EXTEND DATE TO FILE JOINT PRETRIAL STIPULATION AND CONTINUE PRETRIAL CONFERENCE ENTERED 7-30-2021 - (DOCKET NO. [57])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles S Zahedi Represented By

Catherine Christiansen Fritz J Firman

Defendant(s):

Charles S Zahedi Represented By Fritz J Firman

Plaintiff(s):

Patricia Murray Represented By Thomas J Eastmond Robert P Goe Charity J Manee

11:00 AM

CONT...

Trustee(s):


Charles S Zahedi


Chapter 7

Richard A Marshack (TR) Pro Se

11:00 AM

8:20-12634


George J. Gehron, Jr.


Chapter 7

Adv#: 8:20-01179 Roberts v. Gehron Jr


#6.00


CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt: (1) Debt For Defalcation While Acting In A Fiduciary Capacity (11 USC 523(a)(4)); and (2) Debt For Willful And Malicious Injury (11 USC 523(a)(6))

(Complaint filed 12/28/2020)

(Amended Complaint to be filed by 6/10/2021) (Amended Complaint filed 6/9/2021)


FR: 3-24-21; 5-5-21


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF'S EX PARTE APPLICATION TO STRIKE MOTION TO DISMISS, AND CONTINUING HEARING ON MOTION TO DISMISS AND STATUS CONFERENCE ENTERED 7-28-2021 - (DOCKET NO. [30])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

George J. Gehron Jr. Represented By Christopher C Barsness

Defendant(s):

George J Gehron Jr Represented By Christopher C Barsness

Plaintiff(s):

Gregg Roberts Pro Se

11:00 AM

CONT...

Trustee(s):


George J. Gehron, Jr.


Chapter 7

Thomas H Casey (TR) Pro Se

11:00 AM

8:20-12634


George J. Gehron, Jr.


Chapter 7

Adv#: 8:20-01179 Roberts v. Gehron Jr


#7.00


Hearing RE: Motion To Dismiss First Amended Adversary Complaint (Motion filed 7/12/2021)


Docket 25

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF'S EX PARTE APPLICATION TO STRIKE MOTION TO DISMISS, AND CONTINUING HEARING ON MOTION TO DISMISS AND STATUS CONFERENCE ENTERED 7-28-2021 - (DOCKET NO. [30])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

George J. Gehron Jr. Represented By Christopher C Barsness

Defendant(s):

George J Gehron Jr Represented By Christopher C Barsness

Movant(s):

George J Gehron Jr Represented By Christopher C Barsness

Plaintiff(s):

Gregg Roberts Pro Se

Trustee(s):

Thomas H Casey (TR) Pro Se

11:00 AM

8:21-11266


Cindy Minh Trang Tran and Tam Bui


Chapter 7


#8.00


Hearing RE: Motion For Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(8) As To Cindy Minh Trang Tran

(Motion filed 7/7/2021)


Docket 14


Tentative Ruling:

Tentative for 8/4/21 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: 161 054 6793


Password: 168341


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Cindy Minh Trang Tran Pro Se

11:00 AM

CONT...


Cindy Minh Trang Tran and Tam Bui


Chapter 7

Joint Debtor(s):

Tam Bui Pro Se

Movant(s):

United States Trustee (SA) Represented By

Nancy S Goldenberg

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:21-11460


Sharon Gentles Jackson


Chapter 7


#9.00


Hearing RE: Motion For An Order To Show Cause Why Counsel To The Debtor, Leroy Bishop Austin, Should Not (1) Be Ordered To Disgorge Fees In This Case; (2) Be Substituted Out As Attorney Of Record In All Cases He Has Pending In The Bankruptcy Courts Of The Central District Of California; And (3) Be Referred To The Disciplinary Panel For Bankruptcy Courts For The Central District Of California Or Otherwise Disciplined Pursuant To The Courts Inherent Authority To Impose Discipline Pursuant To Local Rule 83-3.1 Of The Local Rules For The Central District Of California

(Motion filed 7/6/2021)


Docket 11

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION REGARDING UNITED STATES TRUSTEE'S MOTION FOR AN ORDER TO SHOW CAUSE ENTERED 7- 26-2021 - (DOCKET NO. [22])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sharon Gentles Jackson Represented By Travis Poteat

Movant(s):

United States Trustee (SA) Represented By Michael J Hauser

Trustee(s):

Thomas H Casey (TR) Pro Se

1:30 PM

8:17-12887


Dana Kim Shelton


Chapter 7

Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al


#10.00


CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint: (1) To Determine The Validity, Priority, And Extent Of Liens;

(2) Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017; (3) To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And (4) Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e

(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; 12-2-20;

4-7-21


Docket 1


Tentative Ruling:

Tentative for 8/4/21:


This matter is CONTINUED to October 13, 2021, 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 8/4 hearing are excused.


**************************************************************************** Tentative for 4/7/21:


This matter is CONTINUED to August 4, 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 4/7 hearing are excused.

1:30 PM

CONT...


Dana Kim Shelton


Chapter 7


***************************************************************************** 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:


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

1:30 PM

CONT...


Dana Kim Shelton


Chapter 7

appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances are excused.


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


This matter is CONTINUED to August 14, 2019, at 10:00 a.m., as a holding date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.


If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.


Appearances are excused.


Debtor(s):


Party Information

Dana Kim Shelton Represented By Christopher P Walker

Defendant(s):

Daniel Keith Larson Pro Se

Erin Ellen Larson Pro Se

Peter Kote Pro Se

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

1:30 PM

CONT...


Dana Kim Shelton


Misty A Perry Isaacson


Chapter 7

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#1.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 9-1 Amos Varsha $99,200.00 (Motion filed 6/30/2021)


Docket 531

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION TO RESOLVE DEBTOR'S OBJECTION TO PROOF OF CLAIM NO. 9 OF AMOS VARSHA (DOCKET NO. [531]); AND TO ALLOW CLAIM NO. 9 OF AMOS VARSHA ENTERED 8-2-2021 - (DOCKET NO. [637])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#2.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 34-1 Birch Holding Corporation $900,000.00 (Motion filed 6/30/2021)


Docket 532

*** VACATED *** REASON: OFF CALENDAR PER ORDER SUSTAINING DEBTOR'S OBJECTION TO PROOF OF CLAIM NO. 34-1 OF BIRCH HOLDING CORPORATION ENTERED 8-5-2021 - (DOCKET NO. [654])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#3.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 35-1 Birch Holding Corporation $382,500.00 (Motion filed 6/30/2021)


Docket 533

*** VACATED *** REASON: OFF CALENDAR PER ORDER SUSTAINING DEBTOR'S OBJECTION TO PROOF OF CLAIM NO. 35-1 OF BIRCH HOLDING CORPORATION ENTERED 8-5-2021 - (DOCKET NO. [653])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#4.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 36-1 Xueying Tang $800,000.00 (Motion filed 6/30/2021)


Docket 534

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 7-29-2021 - (DOCKET NO. [616])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#5.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 37-1 Jing Liu $200,000.00 (Motion filed 6/30/2021)


Docket 535

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 7-29-2021 - (DOCKET NO. [616])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#6.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 39-1 North America Dongheng Holding, Inc.. $1,700,000.00 (Motion filed 6/30/2021)


Docket 536

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 7-29-2021 - (DOCKET NO. [616])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#7.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 41-1 Weisheng Tao $300,000.00 (Motion filed 6/30/2021)


Docket 537

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 7-29-2021 - (DOCKET NO. [616])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#8.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 46-1 Jumbo Investment, Inc. $950,000.00 (Motion filed 6/30/2021)


Docket 538

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 7-30-2021 - (DOCKET NO. [624])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#9.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 22-1 Jingke Yu $437,450.00 (Motion filed 6/30/2021)


Docket 539

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS RE: (2) OBJECTION TO PROOF OF CLAIM NO. 22-1 oF JINGKE YU ENTERED 7-23-2021 - (DOCKET NO. [605])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#10.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 24-1 Hillcrest Asset Based Fund I LLC $960,180.00 (Motion filed 6/30/2021)


Docket 540

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS RE: (1) OBJECTION TO PROOF OF CLAIM NO. 24-1 OF HILLCREST ASSET BASED FUND I LLC ENTERED 7-23-2021 - (DOCKET NO. [605])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#11.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 29-1 Xiao Yan Zheng $153,600.00 (Motion filed 6/30/2021)


Docket 541

*** VACATED *** REASON: OFF CALENDAR PER ORDER SUSTAINING DEBTOR'S OBJECTION TO PROOF OF CLAIM NO. 29-1 OF XIAO YAN ZHENG ENTERED 8-5-2021 - (DOCKET NO. [655])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#12.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 40-1 XHK Investment, Inc. $2,000,000.00 (Motion filed 6/30/2021)


Docket 542

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 1, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 7-29-2021 - (DOCKET NO. [616])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#13.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 6-1 San Diego County Treasurer - Tax Collector $5,328.36 (Motion filed 6/30/2021)


Docket 544

*** VACATED *** REASON: OFF CALENDAR PER ORDER APPROVING STIPULATION TO RESOLVE DEBTOR'S OBJECTION TO PROOF OF CLAIM NO. 6-1 OF SAN DIEGO COUNTY TREASURER- TAX COLLECTOR (DOCKET NO. [544]); AND TO ALLOW CLAIM NO. 6-1 AND VACATING HEARING ENTERED 8-4-2021 - (DOCKET NO. [647])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#14.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 32-1 Tieling Lu, Chaoying Zhang, and Gui Lu $440,000.00 (Motion filed 6/30/2021)


Docket 545

*** VACATED *** REASON: CONTINUED TO ORDER APPROVING STIPULATION TO CONTINUE HEARING RE: OBJECTION TO PROOF OF CLAIM NO. 32 OF TIELING LU, CHAOYING ZHANG, GUI LIU (DOCKET NO. [545])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#15.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 44-1 Jumbo Investment, Inc. $1,443,789.05 (Motion filed 6/30/2021)


Docket 546

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED 7-30-2021 - (DOCKET NO. [624])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#16.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 25 Earnix International Trading Ltd., $2,500,000.00 A Hong Kong Corp.

(Motion filed 6/30/2021)


Docket 547

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER CONTINUING HEARINGS REGARDING OBJECTIONS TO CLAIMS NO. 25 And NO. 5 ENTERED 7-30-2021 (DOCKET NO. [627])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#17.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 5 Earnix International Trading Ltd., $2,500,000.00 A Hong Kong Corp.


(Motion filed 6/30/2021 in Member Case 8:20:bk-11683-SC) (Motion refiled 7/2/2021 in Lead Case)


Docket 566

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER CONTINUING HEARINGS REGARDING OBJECTIONS TO CLAIMS NO. 25 And NO. 5 ENTERED 7-30-2021 (DOCKET NO. [627])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Riverside

Judge Scott Clarkson, Presiding Courtroom 126 Calendar


Tuesday, August 10, 2021

Hearing Room

126


10:00 AM

6:20-13807


MA KAZAZ


Chapter 7

Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ


#2.00


TRIAL 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

Party Information

Debtor(s):

MA KAZAZ Represented By

Lotfy Mrich

Defendant(s):

MA KAZAZ Represented By

Lotfy Mrich

Plaintiff(s):

NextGear Capital Inc Represented By

Tom Roddy Normandin

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

8:18-13588


Tim M McKenna


Chapter 7

Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna


#1.00


CONT'D 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; 12-7-20; 4-19-21


Docket 1

*** VACATED *** REASON: TRIAL TAKEN OFF CALENDAR AND STATUS CONFERENCE SET FOR SEPTEMBER 29, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE TRIAL PENDING

Party Information

Debtor(s):

Tim M McKenna Represented By Michael G Spector

Defendant(s):

Tim M McKenna Represented By Michael G Spector

Plaintiff(s):

Law Offices of Michelle J. Sukhov, Represented By

Michelle J Nelson Roger F Friedman

Trustee(s):

Jeffrey I Golden (TR) Represented By Ryan W Beall

10:00 AM

CONT...


Tim M McKenna


Reem J Bello


Chapter 7

10:00 AM

6:17-17601


Deborah McKay


Chapter 7


#1.00


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


Docket 52


Tentative Ruling:

Tentative for 8/17/21 is to APPROVE, except that the allowable fees sought by Counsel for Trustee [Dk. 51] shall be reduced by $1,255.50, resulting in a total fee award of $28,895.50.


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: 161 244 3618


Password: 407534


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

10:00 AM

CONT...

Debtor(s):


Deborah McKay


Chapter 7

Deborah McKay Represented By Natalie A Alvarado

Arnold H. Wuhrman Leslie R Horowitz

Trustee(s):

Robert Whitmore (TR) Represented By Caroline Djang

10:00 AM

6:15-14566


Halo Sports Bar and Grill, Inc.


Chapter 7


#2.00


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


Docket 170


Tentative Ruling:

Tentative for 8/17/21 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 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: 161 244 3618


Password: 407534


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

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

10:00 AM

CONT...


Trustee(s):


Halo Sports Bar and Grill, Inc.


W. Derek May


Chapter 7

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

Stephen F Biegenzahn

10:00 AM

6:20-16204


Margaret Rose Bizal


Chapter 7


#3.00


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


Docket 34


Tentative Ruling:

Tentative for 8/17/21 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 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: 161 244 3618


Password: 407534


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Margaret Rose Bizal Represented By

10:00 AM

CONT...


Trustee(s):


Margaret Rose Bizal


Nathan Fransen


Chapter 7

Howard B Grobstein (TR) Pro Se

10:00 AM

6:19-19440


Manny E Arroyo and Gloria Arroyo


Chapter 7


#4.00


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

Docket 48


Tentative Ruling:

Tentative for 8/17/21 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 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: 161 244 3618


Password: 407534


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Manny E Arroyo Represented By Kian Mottahedeh

10:00 AM

CONT...


Manny E Arroyo and Gloria Arroyo


Chapter 7

Joint Debtor(s):

Gloria Arroyo Represented By Kian Mottahedeh

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:20-17530


Ruby Ramirez


Chapter 7


#5.00


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

Docket 27


Tentative Ruling:

Tentative for 8/17/21 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 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: 161 244 3618


Password: 407534


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby Ramirez Represented By Daniel King

10:00 AM

CONT...

Trustee(s):


Ruby Ramirez


Chapter 7

Larry D Simons (TR) Pro Se

10:00 AM

6:19-16813


Wesley Hugh Gilmore and Debra Denise Gilmore


Chapter 7


#6.00


Hrg. on Trustee's Final Report and applications for compensation EH            

Docket 78


Tentative Ruling:

Tentative for 8/17/21 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 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: 161 244 3618


Password: 407534


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Wesley Hugh Gilmore Represented By James B Watkins

10:00 AM

CONT...


Wesley Hugh Gilmore and Debra Denise Gilmore


Chapter 7

Joint Debtor(s):

Debra Denise Gilmore Represented By James B Watkins

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11

Adv#: 6:21-01022 Frealy v. US Metro Bank et al


#7.00


CONT. STATUS CONFERENCE re: Complaint by Todd A. Frealy against US Metro Bank For: (A) Avoidance And Recovery Of Voidable And Fraudulent Transfers; (B) Objection To And Disallowance Of Claim; And (C) Accounting


From: 5/4/21 EH            

Docket 1


Tentative Ruling:

Tentative for 8/17/21 is to CONTINUE to January 11, 2022 at 1:30 p.m., to be heard concurrently with the continued hearing on Cross-Defendant's Motion to Dismiss. A status report, whether unilateral or joint, is due 14 days prior to the continued hearing and should address issues related to the underlying complaint, as well as the cross-complaint.


Appearances for the 8/17 hearing are excused.


***************************************************************************** Tentative for 5/4/21:


This status conference is CONTINUED to August 17, 2021, at 1:30 p.m., pursuant to the representations regarding settlement contained in the status report filed 4/20/21 [Dk. 6]. If this matter is not otherwise resolved and taken off calendar, a status report is due 14 days in advance of the continued hearing.


Appearances for the 5/4 hearing are excused.

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

11:00 AM

CONT...


Ben Clymer's The Body Shop Perris Inc.

Robert M Yaspan


Chapter 11

Defendant(s):

US Metro Bank Pro Se

Plaintiff(s):

Todd A. Frealy Represented By Monica Y Kim

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy

11:00 AM

6:21-11329


Michael Paul Newman


Chapter 7

Adv#: 6:21-01071 Lee v. Newman


#8.00


STATUS CONFERENCE RE: Complaint by Sang Hoon Lee against Sang Hoon Lee. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a) (6), willful and malicious injury)


EH            


Docket 1

*** VACATED *** REASON: CONTINUED TO 11/2/21 BY ORDER ENTERED 8/4/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Paul Newman Represented By Todd L Turoci

Defendant(s):

Michael Paul Newman Represented By Donald W Reid

Plaintiff(s):

Sang Hoon Lee Represented By Benjamin R Heston

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:19-15264


Michael Anthony Ward


Chapter 7


#9.00


Hrg. on Chapter 7 Trustee's Motion to Approve Compromise Under Rule 9019 between Chapter 7 Trustee, Larry Simons and Claimants, Tracy Turner and Shelley Arends


EH            


Docket 45

*** VACATED *** REASON: ORDER APPROVING STIPULATION FOR VOLUNTARY DISMISSAL OF MOTION ENTERED 8/16/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Anthony Ward Represented By Jenny L Doling

Movant(s):

Larry D Simons (TR) Represented By

D Edward Hays Tinho Mang Chad V Haes Laila Masud

Trustee(s):

Larry D Simons (TR) Represented By

D Edward Hays Tinho Mang Chad V Haes Laila Masud

11:00 AM

6:21-11329


Michael Paul Newman


Chapter 7


#10.00


Motion for an order compelling chapter 7 trustee to abandon estate property (Motion filed 7/27/21)


EH            


Docket 28


Tentative Ruling:

Tentative for 8/17/21 is to GRANT.


Debtor seeks an order compelling abandonment of Debtor's principal residence located at 16861 Valley Spring Drive, Riverside CA 92503 pursuant to 11 U.S.C. § 554. Debtor submits evidence that the property's fair market value is $685,000, is encumbered by a deed of trust for $518,404.52 held by Freedom Mortgage Corporation, and that he has asserted a homestead exemption of $480,000. Thus, Debtor asserts that there is no remaining equity, and that the property is burdensome to the estate or is of inconsequential value and benefit to the estate, warranting abandonment.


Creditor's Opposition [Dk. 29] argues that the Trustee should not be compelled to abandon the property because Debtor had previously, pre- petition, sought to sell the property, which Creditor asserts is an indication that Debtor does not intend to remain on the property. However, Debtor's pre- petition actions in listing his property for sale, as explained in the Reply [Dk.

33], are insufficient by themselves to nullify his homestead exemption. Creditor has not established that abandonment is not warranted.


Thus, on the record before the Court, the property appears to be either burdensome to the estate or of inconsequential value and benefit to the estate, warranting abandonment pursuant to 11 U.S.C. § 554.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and

11:00 AM

CONT...


Michael Paul Newman


Chapter 7

videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1612316978 Meeting ID: 161 231 6978

Password: 816656

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 231 6978

Password: 816656


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

11:00 AM

CONT...

Debtor(s):


Michael Paul Newman


Chapter 7

Michael Paul Newman Represented By Todd L Turoci

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-11096


Ronald Ward Komers


Chapter 11


#11.00


Hrg. on Motion for Order Approving Sale of Real Property Pursuant to 11 U.S.C.

§363 Free and Clear of All Liens, Claims and Interests, and Granting Certain Other Related Relief

(Motion filed 7/27/21) EH            

Docket 260


Tentative Ruling:

Tentative for 8/17/21 is to GRANT, and allow Debtor 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/1615326436 Meeting ID: 161 532 6436

Password: 029629


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

1:30 PM

CONT...


Ronald Ward Komers


Chapter 11


Meeting ID: 161 532 6436

Password: 029629


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Ronald Ward Komers Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Ronald Ward Komers Represented By Matthew D. Resnik Matthew D. Resnik

Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia

1:30 PM

6:11-28115


DAVID LIN and CHRISTINE YIU


Chapter 11


#12.00


Hrg. on Chapter 11 Post-Confirmation Status Conference EH        

Docket 0


Tentative Ruling:

Tentative for 8/17/21:


As of the date of the posting of this tentative, no post-confirmation status report has been filed, despite this Court's instructions to do so at least 14 days prior to the 8/17 hearing (see Order entered 7/1/21 [Dk. 185]). Pursuant to LBR 3020-1(d), the failure to timely file post-confirmation status reports is cause for dismissal or conversion to a case under Chapter 7.


Accordingly, the Court is inclined to set a continued status conference on October 12, 2021, at 1:30 p.m., and issue an order to show cause why this case should not be dismissed or converted, to be heard on October 12, 2021. Any opposition to the order to show cause must be filed by September 21, 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/1615326436

1:30 PM

CONT...


DAVID LIN and CHRISTINE YIU


Chapter 11

Meeting ID: 161 532 6436

Password: 029629

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 532 6436

Password: 029629


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

DAVID LIN Represented By

Michael J Jaurigue Elaine Le

Ryan A. Stubbe

1:30 PM

CONT...


DAVID LIN and CHRISTINE YIU


Chapter 11

Joint Debtor(s):

CHRISTINE YIU Represented By Michael J Jaurigue Elaine Le

Ryan A. Stubbe

9:30 AM

8:21-10799


Lina Twaian


Chapter 7


#1.00


Hearing RE: Pro se Reaffirmation Agreement Between Debtor And TD Auto Finance, LLC

(Motion filed 7/8/2021)

[TA CASE]


[RE: 2016 Land Rover Range Rover - Amount: $55,300.00] [VIN No.: SALGR2KF8GA271631]


Docket 13


Tentative Ruling:

Tentative for 8/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605173614 Meeting ID: 160 517 3614

Password: 706933


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Lina Twaian


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 517 3614

Password: 706933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Lina Twaian Represented By

Stephen S Smyth

Trustee(s):

Thomas H Casey (TR) Pro Se

9:30 AM

8:21-11083


Kalani Danielle Mitchell


Chapter 7


#2.00


Hearing RE: Reaffirmation Agreement Between Debtor And JPMorgan Chase Bank, N.A

(Motion filed 7/15/2021)

[ES CASE]


[RE: 2020 Mazda - Mazda 3 - Amount: $23,368.75] [VIN No: 3MZBPAEM4LM118833]


Docket 9


Tentative Ruling:

Tentative for 8/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605173614 Meeting ID: 160 517 3614

Password: 706933


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Kalani Danielle Mitchell


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 517 3614

Password: 706933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Kalani Danielle Mitchell Represented By Timothy McFarlin

Trustee(s):

Richard A Marshack (TR) Pro Se

9:30 AM

8:21-11266


Cindy Minh Trang Tran and Tam Bui


Chapter 7


#3.00


Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Nissan Motor Acceptance Corporation

(Motion filed 7/2/2021)


[RE: 2018 Nissan Kicks - Amount: $23,338.69] [VIN No.: 3N1CP5CU3JL522374]


Docket 11


Tentative Ruling:

Tentative for 8/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605173614 Meeting ID: 160 517 3614

Password: 706933


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Cindy Minh Trang Tran and Tam Bui


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 517 3614

Password: 706933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Cindy Minh Trang Tran Pro Se

Joint Debtor(s):

Tam Bui Pro Se

Trustee(s):

Richard A Marshack (TR) Pro Se

9:30 AM

8:21-11482


Carlos Alberto Morgado Martinez and Cristy Maizterra


Chapter 7


#4.00


Hearing RE: Reaffirmation Agreement Between Debtor And Orange County's Credit Union

(Motion filed 7/1/2021)

[TA CASE]


[RE: 2012 Toyota - Amount: $21,216.97]


Docket 12


Tentative Ruling:

Tentative for 8/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605173614 Meeting ID: 160 517 3614

Password: 706933


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Carlos Alberto Morgado Martinez and Cristy Maizterra


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 517 3614

Password: 706933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Carlos Alberto Morgado Martinez Represented By

Marlin Branstetter

Joint Debtor(s):

Cristy Maizterra Represented By Marlin Branstetter

Trustee(s):

Karen S Naylor (TR) Pro Se

9:30 AM

8:21-11642


Aurora N Martinez


Chapter 7


#5.00


Hearing RE: Reaffirmation Agreement Between Debtor And Orange County's Credit Union

[TA CASE]


[RE: 2016 Jeep Wrangler - Amount: $23,627.30] [VIN No.: 1C4BJWFG9GL297792]


Docket 11


Tentative Ruling:

Tentative for 8/18/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1605173614 Meeting ID: 160 517 3614

Password: 706933


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

9:30 AM

CONT...


Aurora N Martinez


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 160 517 3614

Password: 706933


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Aurora N Martinez Represented By Peter Recchia

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

10:00 AM

8:21-11150


Sarah Patricia Urzua


Chapter 7


#6.00


Motion for relief from stay [Personal Property]


Credit Union Of Southern California vs. DEBTOR (Motion filed 7/20/2021)


[RE: 2015 Mercedes Benz GL-Class - VIN No.: 4JGDF6EE3FA498684]


Docket 10


Tentative Ruling:

Tentative for 8/18/21:


Grant pursuant to §§ 362(d)(1) and (d)(2) with 4001(a) 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: 160 481 9265


Password: 013126


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Sarah Patricia Urzua


Party Information


Chapter 7

Sarah Patricia Urzua Represented By Steven A Alpert

Movant(s):

Credit Union of Southern California Represented By

Karel G Rocha

Trustee(s):

Karen S Naylor (TR) Pro Se

10:00 AM

8:21-11539


Keith Noble


Chapter 7


#7.00


Hearing RE: Motion for relief from stay [Real Property]


Alice Blank And Law Office Of Eric A. Woosley, APC vs. DEBTOR (Motion filed 7/19/2021)

(Amended Motion filed 7/19/2021)


[RE: 512 Avon Street, Modesto, CA 95351]


Docket 12


Tentative Ruling:

Revised Tentative for 8/18/21:


Grant pursuant to §§ 362(d)(1) and (d)(4) with 4001(a) 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: 160 481 9265


Password: 013126


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

10:00 AM

CONT...


Debtor(s):


Keith Noble


Party Information


Chapter 7

Keith Noble Represented By

Kelly L Casado

Movant(s):

Eric Woosley Represented By William C Beall

Trustee(s):

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:21-10384


Howard Medical Corp.


Chapter 7

Adv#: 8:21-01022 Marshack v. Sutter & Gillham, PLLC et al


#8.00


STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Amended Complaint For Turnover Of Property Of The Bankruptcy Estate By An Entity That Owes A Debt To The Estate Under Section 542(b) Of The Bankruptcy Code

(Complaint filed 5/24/2021) (Amended Complaint filed 6/1/2021)


Docket 5

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION CONTINUING STATUS CONFERENCE ENTERED 8-10-2021 - (DOCKET NO. [8])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Howard Medical Corp. Represented By Halli B Heston

Defendant(s):

Sutter & Gillham, PLLC Represented By Christopher L Blank

Luther Oneal Sutter Represented By Christopher L Blank

Plaintiff(s):

Richard A. Marshack Represented By Thomas J Polis

Trustee(s):

Richard A Marshack (TR) Represented By Thomas J Polis

11:00 AM

CONT...


Howard Medical Corp.


Chapter 7

11:00 AM

8:17-13506


John Richard Garcia


Chapter 7


#9.00


Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Real Property Free And Clear Of Liens, Claims, And Interests Pursuant To 11

U.S.C. Sections 363(b) And (f); (2) Approving Buyer, Successful Bidder, And Back-Up Bidder As Good-Faith Purchaser Pursuant To 11 U.S.C. Section 363(m); And (3) Authorizing Payment Of Undisputed Liens, Real Estate Broker's Commissions And Other Ordinary Costs Of Sale

(Motion filed 7/28/2021)


Docket 55


Tentative Ruling:

Tentative for 8/18/21 is to GRANT, 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/1615554516 Meeting ID: 161 555 4516

Password: 605028


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

11:00 AM

CONT...


John Richard Garcia


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 555 4516

Password: 605028


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

John Richard Garcia Represented By Raymond J Bulaon

Movant(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Jeffrey I Golden Erin P Moriarty

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Jeffrey I Golden Erin P Moriarty

11:00 AM

8:18-10548


Lenore LuAnn Albert-Sheridan


Chapter 7

Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al


#10.00


CONT'D STATUS CONFERENCE Hearing RE: First Amended Consolidated Complaint:

  1. Declaratory Relief/Dischargeability Of Debt;

  2. Violation Of Automatic Stay/Discharge Injunction

  3. Excessive Fines - Eighth Amendment

  4. Excessive Fines - Art 1 Sect 17

  5. 11 U.S.C. Section 525(a) Violation Punitive Damages Requested

(First Amended Complaint filed 4/28/2021) (Complaint in 8:20-ap-01095-SC filed 6/4/2020)


FR: 6-2-21 at 11:00 a.m.; 6-2-21


Docket 85


Tentative Ruling:

Tentative for 8/18/21:


This status conference is continued to October 13, 2021, at 11:00 a.m. to be heard concurrently with the Order to Show Cause set by Order entered 7/12/21 [Dk. 188]. A status report is due 14 days prior to the continued hearing.


Appearances for the 8/18 hearing are excused.


****************************************************************************** Tentative for 6/2/21:


Virtual appearances are required.


The Court is inclined set a continued status conference date of August 18, 2021, at 11:00 a.m. The parties are instructed to file a status report which complies with the applicable rules, set forth below.

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Chapter 7


LBR 7016-1(a)(2) requires that a status report be filed at least 14 days before the date set for the status conference using a mandatory court form (which is accessible on the external court website). Having reviewed the status report filed 5/19/21 [Dk. 130], the Court notes that it is not provided utilizing the mandatory form, and is unhelpful to the Court as it does not provide the requisite information provided for in the mandatory court form.


Pursuant to LBR 7016-1(f), future non-compliance may result in monetary or non-monetary sanctions, including dismissal of the complaint.


Virtual appearances are required.

Party Information

Debtor(s):

Lenore LuAnn Albert-Sheridan Pro Se

Defendant(s):

Maricruz Farfan Represented By Marc A Shapp Suzanne C Grandt

Brandon Tady Represented By Marc A Shapp Suzanne C Grandt

Alex Hackert Represented By

Marc A Shapp Suzanne C Grandt

Paul Bernardino Represented By Marc A Shapp Suzanne C Grandt

Yvette Roland Hon. Represented By Marc A Shapp Suzanne C Grandt

State Bar Of California Represented By

11:00 AM

CONT...


Lenore LuAnn Albert-Sheridan


Marc A Shapp Suzanne C Grandt


Chapter 7

Timothy Byer, Esq Represented By Marc A Shapp Suzanne C Grandt

Nira Woods Pro Se

Devin Lucas, Esq Represented By David Brian Lally

Plaintiff(s):

Lenore LuAnn Albert-Sheridan Represented By Lenore L Albert

Trustee(s):

Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel

Aaron E DE Leest Sonia Singh

11:00 AM

8:18-10969


Luminance Recovery Center, LLC


Chapter 7

Adv#: 8:20-01033 Marshack v. 27 Diamonds


#11.00


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

  1. Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;

  2. Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)

(PTC set at S/C held 7/15/2020)


FR: 6-10-20; 7-15-20; 8-19-20; 12-2-20; 2-3-21; 4-7-21; 6-16-21


Docket 1

*** VACATED *** REASON: CONTINUED TO DECEMBER 1, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND EXTEND ANY UPCOMING RELATED DEADLINES ENTERED 8-3-2021 - (DOCKET NO. [37])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luminance Recovery Center, LLC Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

27 Diamonds Represented By

Andrew Edward Smyth

Plaintiff(s):

Richard A Marshack Represented By Judith E Marshack

11:00 AM

CONT...

Trustee(s):


Luminance Recovery Center, LLC


Chapter 7

Richard A Marshack (TR) Represented By

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

Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello Laila Masud

11:00 AM

8:18-13324


Ruby's Franchise Systems, Inc., a California


Chapter 7


#12.00


Hearing RE: Motion For Order (1) Approving Settlement Agreement With Heritage Restaurant Management, Inc. And (2) Authorizing And Establishing Procedures For The Compromise And Settlement Of Accounts Receivable (Motion filed 7/26/2021)


Docket 573


Tentative Ruling:

Tentative for 8/18/21 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 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: 161 555 4516


Password: 605028


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ruby's Franchise Systems, Inc., a Represented By

Eric J Fromme

11:00 AM

CONT...


Movant(s):


Ruby's Franchise Systems, Inc., a California

Christopher J Harney


Chapter 7

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

Trustee(s):

Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker

11:00 AM

8:19-12414


Charles S Zahedi


Chapter 7

Adv#: 8:19-01190 Murray v. Zahedi


#13.00


CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)

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


FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21; 5-12-21; 5-19-21; 7-14-21;

8-4-21


Docket 1


Tentative Ruling:

Tentative for 8/18/21 is to APPROVE the pre-trial stipulation, and set the matter for trial on March 15, 2022, at 10:00 a.m.


Additionally, the Court is inclined to conduct the trial utilizing the trial by declaration procedures posted on its website. Trial briefs and exhibits shall be due 14 days prior to trial, and declaration testimony shall be due 21 days prior to 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/1615554516 Meeting ID: 161 555 4516

11:00 AM

CONT...


Charles S Zahedi


Chapter 7

Password: 605028

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 555 4516

Password: 605028


For further details, please consult the 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 12/18/19:


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


  1. Discovery cutoff: April 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.


  2. Motion cutoff: May 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.

    11:00 AM

    CONT...


    Charles S Zahedi


    Chapter 7


  3. Pretrial conference: July 1, 2020 at 11:00 a.m.


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


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

Party Information

Debtor(s):

Charles 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 Charity J Manee

Trustee(s):

Richard A Marshack (TR) Pro Se

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11

Adv#: 8:20-01128 Tiara Townhomes, LLC v. Everwin Investment, Inc.


#14.00


Hearing RE: Motion In Limine No. 1 To Limit Defendant's (1) Evidence In Response To Plaintiff's Motion For Summary Judgment; And (2) Trial Evidence To Information And Documents Disclosed And Produced Before Discovery Cutoff

(Motion filed 7/22/2021)


Docket 23

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 2, 2021 AT 10:00 A.M. PER ORDER CONTINUING HEARINGS ON MOTION IN LIMINE AND MOTION FOR SUMMARY JUDGMENT AND ESTABLISHING PROCEDURES AND DEADLINES REGARDING THE CONTINUED HEARINGS ENTERED 7-30-2021 - (DOCKET NO. [27])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Defendant(s):

Everwin Investment, Inc. Represented By Long Z Liu

Movant(s):

Tiara Townhomes, LLC Represented By David Wood

Matthew Grimshaw

11:00 AM

CONT...


Rockport Development, Inc.


Chapter 11

Plaintiff(s):

Tiara Townhomes, LLC Represented By David Wood

Matthew Grimshaw

11:00 AM

8:20-11339


Rockport Development, Inc.


Chapter 11

Adv#: 8:20-01128 Tiara Townhomes, LLC v. Everwin Investment, Inc.


#15.00


Hearing RE: Motion For Summary Judgment Or, Alternatively, Partial Summary Judgment

(Motion filed 7/7/2021)


Docket 12

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 2, 2021 AT 10:00 A.M. PER ORDER CONTINUING HEARINGS ON MOTION IN LIMINE AND MOTION FOR SUMMARY JUDGMENT AND ESTABLISHING PROCEDURES AND DEADLINES REGARDING THE CONTINUED HEARINGS ENTERED 7-30-2021 - (DOCKET NO. [27])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Defendant(s):

Everwin Investment, Inc. Represented By Long Z Liu

Movant(s):

Tiara Townhomes, LLC Represented By David Wood

Matthew Grimshaw

Plaintiff(s):

Tiara Townhomes, LLC Represented By David Wood

11:00 AM

CONT...


Rockport Development, Inc.


Matthew Grimshaw


Chapter 11

11:00 AM

8:21-10131


Linda T. Chen


Chapter 7


#16.00


Hearing RE: Motion For Objection To Debtor's Claim Of Exemption (Motion filed 7/14/2021)


Docket 25


Tentative Ruling:

Tentative for 8/18/21 is to OVERRULE the objection.


Creditor has filed an objection to Debtor's homestead exemption, asserting that Debtor may not intend to permanently reside in the homesteaded property thereby rendering Debtor ineligible to claim an exemption in the property. However, Creditor's objection contains no supporting declaration or other admissible evidence to support this assertion.


A claimed exemption is "presumptively valid." Carter v. Anderson (In re Carter), 182 F.3d 1027, 1029 n. 3 (9th Cir. 1999). Once an exemption has been claimed, "the objecting party has the burden of proving that the exemptions are not properly claimed." Rule 4003(c); Gonzalez v. Davis (In re Davis), 323 B.R. 732, 736 (9th Cir. BAP 2005). Moreover, "[t]he objecting party must produce evidence to rebut the presumptively valid exemption." Carter, 182 F.3d at 1029 n.3 (9th Cir. 1999) (emphasis added).


"The California legislature amended § 704.710(c) in 1983 to delete the requirement of actual residency on the date the automatic homestead exemption claim is made. The deletion was intended to make clear that a temporary absence from the residence, for, e.g., vacation or hospitalization, would not destroy the characteristic of the residence as the principal dwelling." In re Pham, 177 B.R. 914, 919 (Bankr. C.D. Cal. 1994) (citing 17

Cal.L.Rev.Comm. Reports 854 (1983)).


Creditor has produced no admissible evidence in support of its position. Debtor, however, has provided declaratory evidence explaining her absence, expressing her intent to permanently reside in the property, and declaring that

11:00 AM

CONT...


Linda T. Chen


Chapter 7

she presently resides in the property. The Court finds that, absent evidence to the contrary, which was not provided, Debtor's six month visitation to New York in 2018, combined with her return in 2019, which resulted in a lengthy stay due to the commencement of the Pandemic, is insufficient to defeat her homestead. Thus, the Court is inclined to OVERRULE the objection.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1615554516 Meeting ID: 161 555 4516

Password: 605028

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 555 4516

Password: 605028

For further details, please consult the 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,

11:00 AM

CONT...

Linda T. Chen

Chapter 7

so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Linda T. Chen Represented By Christopher J Langley

Movant(s):

Charles Schwab & Co, Inc. Represented By Ramin Mahdavi

Trustee(s):

Thomas H Casey (TR) Pro Se

11:00 AM

8:16-12589


Andrea Steinmann Downs


Chapter 7

Adv#: 8:18-01168 Casey v. Steinmann et al


#17.00


Hearing RE: Motion For Sanctions Under Rule 9011 Of The Federal Rules Of Bankruptcy Procedure

(Motion filed 7/8/2021)


Docket 316

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 2, 2021 AT 11:00 A.M. PER ORDER CONTINUING HEARING, REQUIRING IN- PERSON APPEARANCES AND ESTABLISHING BRIEFING SCHEDULE ENTERED 7-13-2021 - (DOCKET NO. [319])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Steinmann Downs Pro Se

Defendant(s):

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops Justin S Draa

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops Justin S Draa

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops Justin S Draa

11:00 AM

CONT...


Andrea Steinmann Downs


Chapter 7

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops Justin S Draa

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops Justin S Draa

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays Justin S Draa

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops Justin S Draa

Eric Steinmann Represented By

D Edward Hays Laila Masud Justin S Draa

Heinz H Steinmann Represented By

D Edward Hays Laila Masud Justin S Draa

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud Justin S Draa

John Steinmann Represented By Gerald P Kennedy Aram Ordubegian

11:00 AM

CONT...


Movant(s):


Andrea Steinmann Downs


Annie Y Stoops Justin S Draa


Chapter 7

Heinz Steinmann Represented By Aram Ordubegian Annie Y Stoops

D Edward Hays Justin S Draa

Susie (Wilson) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops Justin S Draa

Tom Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops Justin S Draa

Jeff Steinmann Represented By Aram Ordubegian Annie Y Stoops Justin S Draa

Katy (Belknap) Steinmann Represented By Aram Ordubegian Annie Y Stoops Justin S Draa

Lora Rae Steinmann Represented By

D Edward Hays Laila Masud Justin S Draa

John Steinmann Represented By Gerald P Kennedy

11:00 AM

CONT...


Andrea Steinmann Downs


Aram Ordubegian Annie Y Stoops Justin S Draa


Chapter 7

Mary (Sypkens) Steinmann Represented By Gerald P Kennedy Aram Ordubegian Annie Y Stoops Justin S Draa

Eric Steinmann Represented By

D Edward Hays Laila Masud Justin S Draa

Heinz H Steinmann Represented By

D Edward Hays Laila Masud Justin S Draa

Tessie (Stapleton) Steinmann Represented By Aram Ordubegian Annie Y Stoops Justin S Draa

Plaintiff(s):

Thomas H Casey Represented By Jeffrey I Golden Faye C Rasch Ryan W Beall

Trustee(s):

Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall

11:00 AM

8:21-11698


James Shin


Chapter 7


#18.00


Hearing RE: Motion To Vacate Order Dismissing Chapter 7 Case For Failure To File Verification Of Master Mailing List Of Creditors

(Motion filed 7/27/2021)


Docket 41

*** VACATED *** REASON: OFF CALENDAR PER ORDER GRANTING MOTION TO VACATE ORDER DISMISSING CHAPTER 7 CASE FOR FAILURE TO FILE VERIFICATION OF MASTER MAILING LIST OF CREDITORS ENTERED 7-29-2021 - (DOCKET NO. [45])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Shin Represented By

Jill L Kim

Trustee(s):

Jeffrey I Golden (TR) Pro Se

11:00 AM

8:18-13311


Ruby's Diner, Inc., a California corporation


Chapter 7


#18.10


CONT'D Hearing RE: Trustee's Motion To: (1) Approve Compromise Under FRBP 9019; And (2) Approve Sale Of Assets Of The Estate Pursuant To 11

U.S.C. Section 363 Free And Clear Of All Liens, Claims, And Interests Subject To Overbid And For Determination Of Good Faith Purchaser

(Motion filed 7/14/2021) FR: 8-4-21

Docket 1111


Tentative Ruling:

Tentative for 8/18/21:


Mr. Craig's Objection filed 8/9/21 [Dk. 1133] indicates that he possesses a secured, super-priority administrative claim. The Court's initial review of the DIP Financing Motion and Order seems to confirm this status.


The Buyer does not appear to have any interest in the allocation or disposition of the sales proceeds after payment of $1.3 million for the assets proposed to be purchased. Alternatively, if a legitimate interest exists, it is not adequately explained to the Court.


The earmarking of sales proceeds without purpose except to alter the rights of a secured, super-priority DIP lender and to benefit estate-employed attorneys with junior administrative claims, does not appear proper or warranted.


The inclination of the Court is to approve the sale if it can be bifurcated from the earmarking agreement. The Court will not approve earmarking $300,000 of the $1.3 million purchase price to the detriment of a DIP lender with superior rights.


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using

11:00 AM

CONT...


Ruby's Diner, Inc., a California corporation


Chapter 7

Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1615554516 Meeting ID: 161 555 4516

Password: 605028

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 555 4516

Password: 605028


For further details, please consult the 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.

11:00 AM

CONT...


Debtor(s):


Ruby's Diner, Inc., a California corporation

Party Information


Chapter 7

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

Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Christopher Dale Beatty

1:30 PM

8:17-11743


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


#19.00


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

(Petition filed 5/1/17)


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

8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20;

7-16-20; 10-1-20; 11-5-20; 12-17-20; 1-21-21; 3-25-21; 5-6-21; 6-30-21


Docket 6


Tentative Ruling:

Tentative for 8/18/21:


See tentative on related matter #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/1618744805 Meeting ID: 161 874 4805

Password: 504088


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio

1:30 PM

CONT...


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11

conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 874 4805

Password: 504088


For further details, please consult the 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 7/16/20 is to CONTINUE to September 24, 2020 at 11:00 a.m., to be heard concurrently with the plan confirmation hearing.


********************************************************************************* 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.

1:30 PM

CONT...


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11

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


Appearances are excused.


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


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


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


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

1:30 PM

CONT...


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11

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


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


Appearances required.


Debtor(s):


Party Information

Cecilio Romero Murrietta Represented By Andrew S Bisom

Joint Debtor(s):

Irma Bonilla Murrietta Represented By Andrew S Bisom

Trustee(s):

David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall

1:30 PM

8:17-11743


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


#20.00


CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization

(D.S. filed 6/4/2020)

(First Amended D.S filed 7/30/2020)

(Plan Confirmation hearing set at D.S. hearing held 7/16/2020) (First Amended Plan filed 7/30/2020)


FR: 7/16/20; 10-1-20; 11-5-20; 12-17-20; 1-21-21; 3-25-21; 5-6-21; 6-30-21


Docket 357


Tentative Ruling:

Tentative for 8/18/21:


Parties should appear and be prepared to discuss the objection filed by the IRS on 8/11/21 [Dk. 450]. If the proposed plan is CONFIRMED over the IRS objection, the Court is inclined to set a post-confirmation status conference on January 19, 2022, 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/1618744805 Meeting ID: 161 874 4805

Password: 504088

1:30 PM

CONT...


Cecilio Romero Murrietta and Irma Bonilla Murrietta


Chapter 11


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 874 4805

Password: 504088


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

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

1:30 PM

CONT...


Cecilio Romero Murrietta and Irma Bonilla Murrietta

Jeffrey I Golden Beth Gaschen Ryan W Beall


Chapter 11

1:30 PM

8:17-11996


WJA Asset Management LLC


Chapter 11


#21.00


Hearing RE: Confirmation Of Chapter 11 Plan Of Liquidation Of TD Opportunity Fund, LLC

[Affects TD Opportunity Fund, LLC ONLY]

(D.S. filed 4/8/2021)

(D.S. approved 6/16/2021) (Chapter 11 Plan filed 4/8/2021)

(Confirmation hearing set at D.S. held 6/16/2021) FR: 5-20-21; 6-16-21

Docket 1471


Tentative Ruling:

Tentative for 8/18/21 is to CONFIRM.


As is the standard practice in this case, post-confirmation status of this plan shall be discussed at the status conference currently scheduled for December 1, 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/1618744805 Meeting ID: 161 874 4805

Password: 504088

1:30 PM

CONT...


WJA Asset Management LLC


Chapter 11


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:


Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 874 4805

Password: 504088


For further details, please consult the 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 6/16/21:


The Court is inclined to APPROVE the Disclosure Statement as amended by the Errata filed 6/8/21 [Dk. 1488], and set the following dates/deadlines:


  1. Deadline to serve plan docs, including ballot – June 25, 2021


  2. Ballot return – July 23, 2021, at 5:00 p.m.


  3. Objections to confirmation – July 23, 2021

    1:30 PM

    CONT...


    WJA Asset Management LLC


    Chapter 11


  4. Confirmation brief and ballot summary – August 4, 2021


  5. Reply to confirmation brief – August 11, 2021


  6. Confirmation hearing – August 18, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.


Virtual appearances are required.

Party Information

Debtor(s):

WJA Asset Management LLC Represented By

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

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

1:30 PM

8:21-11662


Jennifer Leigh Hodges


Chapter 11


#22.00


STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.

Section 1111(b) Election (Petition filed 7/2/2021)

(Set per Order Entered 7/7/2021)


Docket 13


Tentative Ruling:

Tentative for 8/18/21:


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


  1. Deadline to file Plan – September 30, 2021 (statutory deadline)


  2. Deadline to serve Plan – October 13, 2021


  3. Ballots Due – November 10, 2021


  4. Confirmation Brief Due – November 24, 2021


  5. Oppositions to Confirmation Brief due – December 1, 2021


  6. Replies due – December 8, 2021


  7. Confirmation Hearing & Continued Status Conference – December 15,

1:30 PM

CONT...


Jennifer Leigh Hodges


Chapter 11

2021, at 1:30 p.m. A status report shall be 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/1618744805 Meeting ID: 161 874 4805

Password: 504088

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 874 4805

Password: 504088


For further details, please consult the 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

1:30 PM

CONT...


Jennifer Leigh Hodges


Chapter 11

https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Jennifer Leigh Hodges Represented By

Misty A Perry Isaacson

Trustee(s):

Mark M Sharf (TR) Pro Se

1:30 PM

8:20-10754


Gary Song Jiunn Mor


Chapter 11


#23.00


Hearing RE: First And Final Application For Allowance Of Fees And Reimbursement Of Expenses For The Period From July 2, 2021 Through July 9, 2021

(Application filed 7/9/2021)


[RE: THE WUHRMAN LAW FIRM - Special Tax Counsel For Debtor] [Fees: $3,702.00; Expenses: $34.75]


Docket 132


Tentative Ruling:

Tentative for 8/18/21 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: 161 874 4805


Password: 504088


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

1:30 PM

CONT...

Debtor(s):


Gary Song Jiunn Mor


Chapter 11

Gary Song Jiunn Mor Represented By Andy C Warshaw

Arnold H. Wuhrman

Movant(s):

Arnold H Wuhrman Represented By

Arnold H. Wuhrman

1:30 PM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Marshack v. Javan et al


#24.00


CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:

  1. Avoid And Recover Fraudulent Transfers;

  2. Obtain Declaratory Relief As To Ownership Of Property;

  3. Turnover Of Property;

  4. Authorize Sale Of Real Property; And

  5. For Declaratory Relief (Complaint filed 4/18/2020)

[Adversary transferred from CB on 7/31/2020]


FR: 7-7-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21; 2-18-21


Docket 1

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 8-16-2021 - [DOCKET NO. [67]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

Maija Olivia Javan Represented By Todd L Turoci

Mershad Javan and Maija Olivia Pro Se

Maija Olivia Javan, Trustee of the Pro Se

1:30 PM

CONT...


Mershad Javan


Chapter 7

Plaintiff(s):

Richard Marshack Represented By David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

1:30 PM

8:20-11056


Mershad Javan


Chapter 7

Adv#: 8:20-01055 Marshack v. Javan et al


#25.00


CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)

[Adversary transferred from CB on 7/31/2020]


[FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21; 2-18-21


Docket 4

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 15, 2021 AT 11:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARINGS ENTERED 8-16-2021 - [DOCKET NO. [67]

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mershad Javan Represented By Leslie A Cohen

Defendant(s):

Mershad Javan Represented By Leslie A Cohen

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):

Mershad Javan Represented By

1:30 PM

CONT...


Mershad Javan


Leslie A Cohen


Chapter 7

Plaintiff(s):

Richard Marshack Represented By David Brian Lally

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays David Brian Lally Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#26.00


Hearing RE: Objection To Proof Of Claim:


Claim No.: 25-1 Earnix International Trading Ltd., $2,500,000.00 A Hong Kong Corp.

(Motion filed 6/30/2021)


Docket 543

*** VACATED *** REASON: CONTINUED TO SEPTEMBER 29, 2021 AT 1:30 P.M. PER ORDER CONTINUING HEARING ON CLAIM OBJECTION ENTERED 8-3-2021 - (DOCKET NO. [638])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

1:30 PM

8:20-11339


Rockport Development, Inc.


Chapter 11


#27.00


Hearing RE: Motion For Leave To File A Late Claim (Motion filed 7/15/2021)


Docket 588


Tentative Ruling:

Tentative for 8/18/21:


Movant seeks approval to "amend" an asserted informal proof of claim by filing a formal proof of claim. Movant has been actively engaged in the case, having filed a proof of claim related to this debt against Rockport (the related Debtor). However, Movant did not formally file a proof of claim against Tiara related to this debt.


Movant now seeks approval to file a formal proof of claim against Tiara; however, the claims bar date has expired. In support of its request, Movant argues that the filing of the formal proof of claim would be akin to an amendment of an informal proof of claim, which should be freely allowed, because Debtor's own pleadings in a related adversary (which was filed prior to the claims bar date) pertain specifically to the validity of the debt at issue.


Debtor's opposition repeats the assertions it makes in the related adversary (i.e., that the alleged debt is improperly asserted against Tiara despite the fact that Tiara was not a party to the underlying agreement). Debtor further notes that Debtor's proposed plan of reorganization was recently confirmed and states, in a conclusory fashion, that Debtor would be prejudiced if Movant were allowed to file the requested claim amendment post-confirmation.


Claim amendments after plan confirmation can been denied on grounds of prejudice. See Bevan v. Socal Communs. Sites, LLC, 327 F.3d 994, 998 at

n.2 (9th Cir. 2003) (dicta) (secured creditor's attempted amendment to increase claim to amount paid to IRS to redeem collateral prejudicial, citing Roberts Farms); In re Clickaway Corp., No. 18-51662 MEH, 2020 Bankr. LEXIS 1436, *23 (Bankr. N.D. Cal. May 28, 2020) (amendment found

1:30 PM

CONT...


Rockport Development, Inc.


Chapter 11

prejudicial when attempted over a

year after it should have been asserted under the parties’ agreement and allowance would have a significant impact on other claimants, citing Roberts Farms).


Debtor should appear and be prepared to more fully discuss the prejudice it will suffer if the Motion is granted, particularly since Debtor's approved Plan and D.S. reference the adversary and debt at issue, and state that "[a]fter entry of a final judgment resolving the disputes between Tiara and Everwin, Tiara will pay Everwin out of funds available from the sale of the Tiara Property up to the full amount of its allowed claim." Plan filed 2/25/21 [Dk.

447], Pg. 17:11-16.


In the absence of a showing that Debtor would be prejudiced by allowance of a claim amendment post-confirmation, the Court is inclined to GRANT 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/1618744805 Meeting ID: 161 874 4805

Password: 504088

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

1:30 PM

CONT...

Rockport Development, Inc.

Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 874 4805


Password: 504088


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

Rockport Development, Inc. Represented By Matthew Grimshaw David Wood

Laila Masud

Movant(s):

Everwin Investment, Inc. Represented By

Crystle Jane Lindsey Long Z Liu

1:30 PM

8:19-13560


Eagan Avenatti, LLP


Chapter 7

Adv#: 8:20-01068 Marshack v. Silver Star Sounds & Communications, Inc


#28.00


CONT'D PRE-TRIAL 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) (PTC set at S/C held 12/2/2020)


FR: 7-21-20; 9-30-20; 12-2-20


Docket 1

*** VACATED *** REASON: CONTINUED TO NOVEMBER 3, 2021 AT 1:30 P.M. PER ORDER APPROVING STIPULATION TO EXTEND DISCOVERY CUTOFF, MOTION CUTOFF, PRETRIAL HEARING DATES ENTERED 3-24-2021 - (DOCKET NO. [24])

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

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

1:30 PM

CONT...


Eagan Avenatti, LLP


Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman

Meghan C Murphey Tinho Mang


Chapter 7

1:30 PM

8:21-11906


L'Inc D'Aline Corporation


Chapter 11


#29.00


Hearing RE: Debtor L'Inc D'Aline Corporation's Emergency Motion For Order Authorizing Use Of Cash Collateral

(Motion filed 8/6/2021)


Docket 13


Tentative Ruling:

Tentative for 8/18/21:


Debtor’s counsel should appear and be prepared to address the following issues:


  1. The Motion is not accompanied by the mandatory Statement of Finance form as required by LBR 4001-2.


  2. The Court is unable to verify proper service upon all applicable creditors. FRBP 4001 requires service pursuant to Rule 9014. The POS filed 8/10/21 [Dk. 21] indicates that service was made upon S&S Fuel, Inc. by speaking with Mr. Sigh, but contains no reference as to his position. The POS also references leaving a voice mail message for Vendor Services Center, but does not reflect that such notice was provided to the attention of any particular party.


  3. The Motion proposes to make adequate protection payments to Ennerdale pursuant to the monthly payments terms of existing notes. However, the underlying notes are not attached and there is no explanation as to the terms of the notes, so the Court is unable to determine if the proposed adequate protection payments are adequate.


  4. The Motion indicates that Debtor’s property is currently in escrow with a sale price of $2.3M, however, a copy of the escrow/sale agreement is not attached to the Motion.


  5. The proposed budget is scarce and appears to be incomplete.

    1:30 PM

    CONT...


    L'Inc D'Aline Corporation


    Chapter 11

    Moreover, given that the balance of the schedules have yet to be filed, there is no corroboration as to the numbers set forth therein; nor is there an explanation as to how they were derived in the declaration.


  6. As noted by the Oppositions of DSXW and Ennerdale [Dks. 24 and 25], Debtor’s budget allocates funds to the payment of an insider. However, the Motion offers no explanation as to why such payment is beneficial to the estate and whether a notice of insider compensation has been filed and 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/1618744805 Meeting ID: 161 874 4805

Password: 504088

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 874 4805

Password: 504088

1:30 PM

CONT...

L'Inc D'Aline Corporation

Chapter 11

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

L'Inc D'Aline Corporation Represented By Michael Jay Berger

10:00 AM

6:19-10179


Hector M Araiza, Jr.


Chapter 7

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


#1.00


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


From: 10/26/20, 2/23/21


Docket 1

*** VACATED *** REASON: CONTINUED TO 4/19/22 @ 10:00 A.M. BY ORDER ENTERED 8/3/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hector M Araiza Jr. Represented By

W. Derek May

Defendant(s):

Hector M Araiza Jr. Represented By

W. Derek May

Plaintiff(s):

Jeffrey Barnes Represented By William E Adams

Shirley A Barnes Represented By William E Adams

Trustee(s):

Karl T Anderson (TR) Pro Se

4:00 PM

6:20-13807


MA KAZAZ


Chapter 7

Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ


#2.00


Hrg. on Defendant's Motion to Quash (Motion filed 8/23/24)

(OST signed 8/24/21) EH            

Docket 38


Tentative Ruling:

Tentative for 8/24/21:


Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.


Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.


Videoconference URL: https://cacb.zoomgov.com/j/1611147365 Meeting ID: 161 114 7365

Password: 933038


If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

4:00 PM

CONT...


MA KAZAZ


Chapter 7

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 114 7365

Password: 933038


For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.


Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.


As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.


Party Information

Debtor(s):

MA KAZAZ Represented By

Lotfy Mrich

Defendant(s):

MA KAZAZ Represented By

Lotfy Mrich

Plaintiff(s):

NextGear Capital Inc Represented By

Tom Roddy Normandin

Trustee(s):

Howard B Grobstein (TR) Pro Se

4:00 PM

CONT...


MA KAZAZ


Chapter 7

10:00 AM

6:18-10153


Matthew A Krechmery and Regina Krechmery


Chapter 7


#1.00


Hrg. on Trustee's Final Report and Application for Compensation EH            

Docket 71


Tentative Ruling:

Tentative for 8/31/21 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: 161 075 4906


Password: 127401


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Matthew A Krechmery Represented By Terrence Fantauzzi

10:00 AM

CONT...


Matthew A Krechmery and Regina Krechmery


Chapter 7

Joint Debtor(s):

Regina Krechmery Represented By Terrence Fantauzzi

Trustee(s):

John P Pringle (TR) Represented By Toan B Chung

10:00 AM

6:21-13444


Larry L Andrus and Georgia P Andrus


Chapter 7


#2.00


French Lyon Tang - movant attorney Motion for Relief from Stay

Bank of the West vs. DEBTORS (Motion filed 8/10/21)


Re: 2018 Keystone Montana High Country Fifth Wheel EH            

Docket 16


Tentative Ruling:

Tentative for 8/31/21:


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: 161 075 4906


Password: 127401

10:00 AM

CONT...


Larry L Andrus and Georgia P Andrus


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Larry L Andrus Represented By Aaron Lloyd

Joint Debtor(s):

Georgia P Andrus Represented By Aaron Lloyd

Movant(s):

BANK OF THE WEST Represented By

Mary Ellmann Tang

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:21-13948


Sofia G. Sarkissian


Chapter 7


#3.00


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

TD Auto Finance LLC vs. DEBTOR; Arturo Cisneros, Ch 7 Trustee (Motion filed 7/30/21)


Re: 2018 Hyundai Elantra, VIN: 5NPD84LF0JH364120 EH         

Docket 8


Tentative Ruling:

Tentative for 8/31/21:


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: 161 075 4906


Password: 127401

10:00 AM

CONT...


Sofia G. Sarkissian


Chapter 7


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Sofia G. Sarkissian Represented By

C Scott Rudibaugh

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:19-13381


Banner Mattress, Inc.


Chapter 7

Adv#: 6:21-01005 Bui v. Barrette Outdoor Living Inc., an Ohio Corporation


#4.00


CONT. STATUS CONFERENCE re: Complaint by Lynda T. Bui against Barrette Outdoor Living Inc., an Ohio Corporation dba Barrette Wood USA, Inc..For: 1) Avoidance of Preferential Transfers and Recovery of Same [11 U.S.C. §§ 547, 550] 2) Preservation of Avoided Transfers [11 U.S.C. § 551]; and Disallowance of Claims [11 U.S.C. § 502(d)]


From: 4/6/21,6/29/21 EH            

Docket 1

*** VACATED *** REASON: ORDER DISMISSING ADVERSARY ENTERED 8/3/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Banner Mattress, Inc. Represented By Daniel J Weintraub James R Selth

Crystle Jane Lindsey

Defendant(s):

Barrette Outdoor Living Inc., an Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

Melissa Davis Lowe

11:00 AM

CONT...

Trustee(s):


Banner Mattress, Inc.


Chapter 7

Lynda T. Bui (TR) Represented By James C Bastian Jr Rika Kido

Melissa Davis Lowe

11:00 AM

6:19-19296


John Paul Salvador


Chapter 7

Adv#: 6:20-01010 Salvador v. United States of America (United States)


#5.00


CONT STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)


(Dismissed as to The Internal Revenue Service, U.S. Department of Justice, and United States Attorney,

Central District of California)


From: 08/05/20,107/20,12/2/20,2/2/21,6/1/21


Docket 1

*** VACATED *** REASON: ORDER ENTERED 8/17/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Paul Salvador Pro Se

Defendant(s):

United States of America (United Represented By

John D Ellis

Plaintiff(s):

John Paul Salvador Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-10700


Javier A Garcia Hernandez


Chapter 7

Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.


#6.00


CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay


From: 11/4/20,12/16/20, 2/17/20, 3/2/21,5/4/21,6/29/21


EH             


Docket 1

*** VACATED *** REASON: ORDER DISMISSING ADVERSARY ENTERED 8/19/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Javier A Garcia Hernandez Represented By

George C Panagiotou

Defendant(s):

Curacao, LTD A California Limited Represented By

Raffi Kassabian

Southwest Law Group PC Represented By Raffi Kassabian

Ramy Wasef Shoukry Represented By Raffi Kassabian

Adir International, LLC d.b.a. LA Represented By

Raffi Kassabian

Joint Debtor(s):

Tatiana Ferrufino Represented By

11:00 AM

CONT...


Javier A Garcia Hernandez


George C Panagiotou


Chapter 7

Plaintiff(s):

Tatiana Ferrufino Represented By

George C Panagiotou Stephan A Hoover

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-11936


Yun Ho Choi


Chapter 7

Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


#7.00


CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 727(a)(2)(A), 727(a)(3), 727(a)(5)


From: 9/2/20,11/4/20,1/19/21,4/27/21,5/18/21,7/13/21


EH         


Docket 1

*** VACATED *** REASON: STIPULATED JUDGMENT ENTERED 7/14/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yun Ho Choi Represented By

Young K Chang

Defendant(s):

Yun Ho Choi Pro Se

Plaintiff(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:20-11936


Yun Ho Choi


Chapter 7

Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi


#8.00


CONT. Hrg. on Plaintiff's Motion filed 3/5/21 for Default Judgment From: 4/6/21,5/18/21,7/13/21

EH     


Docket 11

*** VACATED *** REASON: STIPULATED JUDGMENT ENTERED 7/14/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yun Ho Choi Represented By

Young K Chang

Defendant(s):

Yun Ho Choi Pro Se

Movant(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Plaintiff(s):

Romex Textiles, Inc. Represented By Nico N Tabibi

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:20-16717


Wendy Valladares


Chapter 7

Adv#: 6:20-01205 Anderson v. Valladares et al


#9.00


CONT. STATUS CONFERENCE re: Complaint by Karl T. Anderson (TR) against Jesse Valladares, Jimmie Alfredo Cardona, Christopher Alexander Cardona for Avoidance of Intentional and Constructive Fraudulent Transfers and Turnover


From: 3/9/21,5/4/21 EH            

Docket 1

*** VACATED *** REASON: NOTICE OF DISMISSAL OF ADVERSARY FILED 8/23/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Wendy Valladares Represented By

Richard L. Sturdevant

Defendant(s):

Jesse Valladares Represented By

Sanaz Sarah Bereliani

Jimmie Alfredo Cardona Pro Se

Christopher Alexander Cardona Pro Se

Plaintiff(s):

Karl T. Anderson Represented By Richard A Marshack Tinho Mang Claudia Coleman

11:00 AM

CONT...

Trustee(s):


Wendy Valladares


Chapter 7

Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

Chad V Haes

11:00 AM

6:20-17978


Aurora Sanchez Hernandez


Chapter 7

Adv#: 6:21-01050 Whitmore v. Hernandez


#10.00


CONT. STATUS CONFERENCE re: Complaint by Robert Whitmore against Isidro Hernandez for (1) Avoidance of Intentional Fraudulent Transfer, (2) Avoidance of Constructive Fraudulent Transfer, (3) Recovery, (4) Preservation, and (5) Disallowance of Claim


From: 6/29/21 EH            

Docket 1

*** VACATED *** REASON: CONTINUED TO 11/2/21 BY ORDER ENTERED 8/18/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aurora Sanchez Hernandez Represented By Rhonda Walker

Defendant(s):

Isidro Hernandez Pro Se

Plaintiff(s):

Robert Whitmore Represented By Donald W Reid

Trustee(s):

Robert Whitmore (TR) Represented By Donald W Reid

1:30 PM

6:19-18454


Gregory Allen Paiva


Chapter 7

Adv#: 6:19-01176 Sekermestrovich v. Paiva


#11.00


CONT PRE-TRIAL CONFERENCE re: Complaint by Dennis Sekermestrovich against Gregory Allen Paiva - §§523(a)(2), 523(a)(6)


From: 3/2/20, 6/1/21 EH            


Docket 1

*** VACATED *** REASON: CONTINUED TO 1/11/22 BY ORDER ENTERED 8/16/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gregory Allen Paiva Represented By Christian J Albut

Defendant(s):

Gregory Allen Paiva Represented By Christian J Albut Chandra Kiamilev

Plaintiff(s):

Dennis Sekermestrovich Represented By John A Boyd

Trustee(s):

Larry D Simons (TR) Pro Se

1:30 PM

6:20-14798


Ben Clymer's The Body Shop Perris Inc.


Chapter 11


#12.00


Chapter 11 Trustee's Notice Of Omnibus Motion And Omnibus Motion For Order

(A) Extending Deadline To Object To Claims; And (B) Disallowing Claims Scheduled By Debtor Pimlico Ranch, LLC;


EH            


Docket 540


Tentative Ruling:

Tentative for 8/31/21 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: 160 685 8772


Password: 944761


Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.


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

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented By

1:30 PM

CONT...


Trustee(s):


Ben Clymer's The Body Shop Perris Inc.

Robert M Yaspan


Chapter 11

Todd A. Frealy (TR) Represented By Monica Y Kim

Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay

David B Golubchik Todd A Frealy