10:00 AM
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 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
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.
Debtor(s):
Ruby Ramirez Represented By Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
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
- NONE LISTED -
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Debtor(s):
Charles D. Showalter Represented By Gregory Ashcraft
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on Objections filed 11/25/20 to Debtor's Claim of Exemptions EH
Docket 34
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
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.
Debtor(s):
Raul A Morales Pro Se
Trustee(s):
Charles W Daff (TR) Represented By
D Edward Hays Tinho Mang
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation
[Howard Grobstein, chapter 7 trustee] [Fees; $475.00; Expenses; $0]
Docket 39
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.
Debtor(s):
Salvador Garcia Duran Represented By Edgar P Lombera
11:00 AM
Joint Debtor(s):
Hilda Evelia Garcia Represented By Edgar P Lombera
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; applications for compensation EH
[Todd Frealy, chapter 7 trustee] [Fees; $1104.84; Expenses; $254.10]
Docket 62
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
Debtor(s):
Rebecca Lopez Vasquez Represented By Leonard J Cravens
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
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 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
Debtor(s):
Douglas Keener Represented By
Tina Abdolhosseini
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
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 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
Debtor(s):
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
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 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.
Debtor(s):
MILES D. THOMPSON Represented By Jeffrey T Gwynn
11:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $1710.00; Expenses; 0]
Docket 36
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
Debtor(s):
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
Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ
Hrg. on Plaintiff's Motion for Reconsideration of Order Dismissing Adversary Proceeding
EH
Docket 11
- NONE LISTED -
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
Hrg. on Adequacy of Debtor's Disclosure Statement Describing Chapter 11 Plan of Reorganization
EH
Docket 0
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
audio of the hearing may be 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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
$23,940.00, Expenses: $256.60 EH
Docket 391
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.
Debtor(s):
O'Linn Security Incorporated Represented By
1:30 PM
Steven R Fox
W. Sloan Youkstetter Everett L Green
10:00 AM
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
- NONE LISTED -
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
Hearing RE: Objection To Debtors' Claim Of Exemptions (Motion filed 11/20/2020)
(Set per Order Entered 11/20/2020)
Docket 29
- NONE LISTED -
Debtor(s):
Yifeng Gao Represented By
Erik P Wu
Joint Debtor(s):
Liping Wu Represented By
Erik P Wu
Trustee(s):
Weneta M.A. Kosmala (TR) Represented By Reem J Bello
10:00 AM
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 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.
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
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
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 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
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
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 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
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.
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
Hearing RE: Motion For A Stay Pending Appeal Of The Conversion Order [Docket No. 144]
(Motion filed 12/15/2020)
Docket 192
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
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.
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
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D Hearing RE: Motion To Strike Defendants Answer To The Complaint And For Entry Of Default
(Motion filed 8/11/2020) FR: 9-30-20; 11-18-20
Docket 58
- NONE LISTED -
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
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
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For: Avoidance Of Preferential Transfers; Avoidance Of Fraudulent Transfers; Recovery Of Property; Preservation Of Avoided Transfers; Disallowance Of Claims; Turnover; Fraud; Equitable Subordination; Declaratory Relief; and Usury (Complaint filed 3/20/19)
(Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)
(PTC converted to S/C per Order Entered 6-24-2020 (docket no. [24])
FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.; 11-6-19; 5-27-20; 7-1-20 at 10:00
a.m.; 7-1-20; 9-2-20; 9-30-20; 11-28-20
Docket 31
- NONE LISTED -
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
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
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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 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
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.
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
Donald W Reid
Liberty Financial USA, LLC Represented By Donald W Reid
Liberty Debt Solution, LLC Represented By Donald W Reid
Trustee(s):
Karen S Naylor (TR) Pro Se
1:30 PM
Adv#: 8:20-01146 Marshack v. Davis
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers
(Complaint filed 10/20/2020)
Docket 1
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:
Discovery cutoff: July 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 27, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
Defendant(s):
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
Adv#: 8:20-01147 Marshack v. Cascade Capital Group, LLC
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers
(Complaint filed 10/20/2020)
Docket 1
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.
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
Meghan C Murphey
1:30 PM
Adv#: 8:20-01148 Marshack v. Protech Security & Electronics, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers
(Complaint filed 10/20/2020)
Docket 1
- NONE LISTED -
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
1:30 PM
Adv#: 8:20-01149 Marshack v. Osborn
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers
(Complaint filed 10/20/2020)
Docket 1
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.
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
Judith E Marshack John P. Reitman Meghan C Murphey
1:30 PM
Adv#: 8:20-01150 Marshack v. Honda Aircraft Company LLC
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers
(Complaint filed 10/20/2020)
Docket 1
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.
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
John P. Reitman Meghan C Murphey
1:30 PM
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 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.
Debtor(s):
Eagan Avenatti, LLP Represented By
1:30 PM
Movant(s):
Jack A. Reitman
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
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 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.
1:30 PM
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
Adv#: 8:20-01015 Petersen v. Romero
Hearing RE: Motion To Extend Discovery And Dispositive Motion Cut Off (Motion filed 12/1/2020)
Docket 37
- NONE LISTED -
Debtor(s):
Alisandro Romero Represented By Rex Tran
Defendant(s):
Alisandro Romero Represented By Thomas J Polis
Movant(s):
Michael Petersen Pro Se
Plaintiff(s):
Michael Petersen Pro Se
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
10:00 AM
Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Conversion;
Breach Of Contract;
Recovery Of Bailed Property
[Civil Code Sections 3379-3380; Code Civ. Proc Section 667]
Breach Of Fiduciary Duty;
Unfair And Unlawful Business Practices [Bus. and Prof. Code Section 17200 et seq.] (Notice of Removal filed 8/26/2020)
FR: 10-22-20
Docket 1
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
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.
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Defendant(s):
Beth Kiladjian Represented By Robert P Goe
10:00 AM
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
Adv#: 8:20-01139 Kiladjian v. Kiladjian
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 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
audio of the hearing may be 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.
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
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
Adv#: 8:20-01139 Kiladjian v. Kiladjian
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
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
Trustee(s):
Charity J Manee
Mark M Sharf (TR) Represented By Arturo M Cisneros
10:00 AM
CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference
(Petition filed 9/21/2020) FR: 11-5-20
Docket 93
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
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:
Claims Bar Date: February 5, 2021
Notice of Claims Bar Date: November 30, 2020
Deadline to file Plan and Disclosure Statement: December 21, 2020 (statutory deadline)
Virtual appearances are required.
Debtor(s):
Golden Hotel LLC Represented By
10:00 AM
Lei Lei Wang Ekvall Michael Simon
10:00 AM
CONT'D Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral And Turnover Of Estate Property
(Motion filed 9/22/2020)
FR: 9-23-20; 10-22-20; 11-5-20
Docket 15
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
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.
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
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 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.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
Adv#: 8:19-01090 TD REO Fund LLC v. Will
STATUS CONFERENCE Hearing RE: Settlement (Set per Order Entered 4-30-2020 - Docket no. [31])
Docket 1
- NONE LISTED -
Debtor(s):
TD REO Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Michael J. Will Represented By Donald W Reid
Plaintiff(s):
TD REO Fund LLC Represented By Michael W Davis Jorge A Gaitan Corey R Weber
11:00 AM
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 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
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.
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
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 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
Participants may connect to the videoconference through an Internet browser 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
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.
Debtor(s):
Rodney Glen Bassett Pro Se
11:00 AM
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
- NONE LISTED -
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
Hearing RE: Confirmation Of Amended Chapter 11 Plan Of Reorganization
FR: 11-5-2020
Docket 78
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
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.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 3/2/2020)
FR: 5-7-20; 10-22-20; 11-5-20
Docket 13
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
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
The Court is inclined to set the following dates/deadlines:
Deadline for filing a plan and disclosure Statement: September 30, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Deadline to object to claims: August 7, 2020.
Continued status conference: October 22, 2020 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is to lodge an order within seven days.
Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.
The Parties are reminded to have all relevant filings/information easily accessible during the hearing.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)
(Amended Order Entered 8/20/2020) FR: 10-8-20
Docket 9
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:
Deadline to file Plan and D.S. - November 17, 2020 (statutory deadline as requested by Debtor)
Proof of Claims Deadline - December 1, 2020 (as requested by Debtor)
11:00 AM
Deadline to file Objections to Claims - January 29, 2021
A continued status conference shall be set for January 7, 2021, at 11:00 a.m., with a status report required 14 days in advance.
Virtual appearances are required.
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.
Section 1111(b) Election
(Set per Order Entered 11/20/2020)
Docket 3
- NONE LISTED -
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
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 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
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.
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
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 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
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.
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
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;
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 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
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
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
10:00 AM
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ramiro Reynoso Represented By Yolanda Flores-Burt
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Flagship Credit Acceptance LLC vs. DEBTOR, Robert Whitmore, trustee (Motion filed 12/18/20)
Re: 2017 Kia Optima, VIN: 5XXGT4L34HG145118
Docket 11
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
Movant to lodge an order within seven (7) days.
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
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 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
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.
Debtor(s):
Charles A Tumbrello Pro Se
11:00 AM
Joint Debtor(s):
Monika C Tumbrello Pro Se
Movant(s):
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
Trustee(s):
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
11:00 AM
CONT. Hrg. on Chapter 7 Trustee's Motion filed 9/25/20 Objecting to Claim Number 3 by Claimant Temecula Chiropractic, in the amount of $1045.00 and claim #4 by Midland Credit Management, Inc. in the amount of $966.44
From: 11/3/20,12/15/20 EH
Docket 175
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
****************************************************************************** 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.
Debtor(s):
Charles A Tumbrello Pro Se
11:00 AM
Joint Debtor(s):
Monika C Tumbrello Pro Se
Movant(s):
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
Trustee(s):
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $2070.90; Expenses; $0]
Docket 76
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
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Luis 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
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 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
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.
Debtor(s):
Geoffrey Acosta Nagum Represented By James P Doan
Trustee(s):
Larry D Simons (TR) Represented By Daniel A Lev
11:00 AM
Hrg. on 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 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
Debtor(s):
Camlyn Pensis Represented By David A Wiesen
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
[Robert Whitmore, chapter 7 trustee] [Fees; $1940.55; Expenses; $239.15]
Docket 50
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
Debtor(s):
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
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 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
Debtor(s):
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
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 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
**************************************************************************** Tentative for 9/22/20:
Debtor is to appear and address the Opposition filed 9/8/20 [Dk. 173] by Creditor, PNC Bank, N.A.
Virtual appearances are required.
Debtor(s):
DAVID LIN Represented By
Michael J Jaurigue Elaine Le
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
CONT Hrg. on Chapter 11 Status Conference (Cont. from 9/22/20)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Adv#: 6:18-01065 Fawzy v. Garcia
CONT. Hearing After Remand From: 12/16/20
Docket 0
- NONE LISTED -
Debtor(s):
Lisa M Garcia Represented By Stephen R Wade David N LeGrande
Defendant(s):
Lisa M. Garcia Represented By Stephen R Wade
Plaintiff(s):
Sameh Fawzy Represented By Christopher O Rivas
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:20-01025 Rose v. Duarte
CONT STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - §523(a)(2)(A), §523(a)(4), §523(a)(6)
EH
From: 9/23/20, 11/17/20
Docket 1
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
Tentative for 5/27/20 is to DISMISS for failure to prosecute and failure to comply with applicable rules and instructions.
This adversary was filed on March 11, 2020. The Court notes that, as of the posting of this tentative, the docket does not reflect any activity beyond the original filing. Thus, in addition to failing to serve the case initiating documents, Plaintiff has failed to adhere to the requirements of LBR 7016-1, as well as this Court's Early Meeting of Counsel and Status Conference Instructions, issued March 11, 2020 [Dk. 2].
Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.
The Parties are reminded to have all relevant filings/information easily accessible during the hearing.
Debtor(s):
Lisa Duarte Pro Se
Defendant(s):
Lisa Duarte Pro Se
Plaintiff(s):
Stacey Rose Represented By
Michael D Anderson Andrei Serpik
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 727(a)(2)(A), 727(a)(3), 727(a)(5)
From: 9/2/20, 11/4/20 EH
Docket 1
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
conference.
Appearances for the 11/4 hearing are excused.
******************************************************************************* Tentative for 9/2/20 is to CONTINUE to November 4, 2020 at 1:30 p.m., in light of the representation in Plaintiff's Unilateral Status Report [Dk. 4] that the parties are engaged in settlement discussions. A status report (unilateral or joint), which contains details regarding the status of settlement discussions and proposed dates for completion of discovery, trial readiness, etc., shall be due no later than 14 days before the continued status conference.
Appearances for the 9/2 hearing are excused.
Debtor(s):
Yun Ho Choi Represented By
Young K Chang
Defendant(s):
Yun Ho Choi Pro Se
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:20-01139 Mayall v. Entrican
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
- NONE LISTED -
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
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 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
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.
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
CONT. Hrg. on Chapter 11 Status Conference From: 8/18/20
EH
Docket 0
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
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:
Deadline to File Plan & D.S. - September 20, 2020 (statutory deadline)
Deadline to file Avoidance Actions - October 31, 2020
Proof of Claims Deadline - November 15, 2020
Deadline to file Objections to Claims - December 31, 2020
Virtual appearances are required.
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
CONT Hrg. on chapter 11 status conference EH
From: 9/1/20, 10/6/20
Docket 0
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
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.
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
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 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
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.
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
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief [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
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
10:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello
10:00 AM
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 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
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.
Debtor(s):
El Valle Plastering, Inc. Represented By Andy J Epstein
10:00 AM
Movant(s):
Omni Contracting Represented By Martin C Nguyen
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
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 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.
10:00 AM
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
Trustee(s):
Karen S Naylor (TR) Represented By Arturo M Cisneros Nathan F Smith
10:00 AM
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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 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
The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.
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
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 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
Debtor(s):
Ellie Elaheh Ghoreishi Represented By
James D. Hornbuckle Bobby Samini
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Ruby's Diner, Inc., a California Represented By
11:00 AM
Movant(s):
William N Lobel Jeffrey P Nolan
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
Hearing RE: Trustee's 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 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
Debtor(s):
El Valle Plastering, Inc. Represented By Andy J Epstein
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
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 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
so by Zoom for Government, a 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.
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
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 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.
Debtor(s):
Alisandro Romero Represented By Rex Tran
11:00 AM
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
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 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.
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
Adv#: 8:20-01055 Marshack v. Javan et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:
Avoid And Recover Fraudulent Transfers;
Obtain Declaratory Relief As To Ownership Of Property;
Turnover Of Property;
Authorize Sale Of Real Property; And
For Declaratory Relief (Complaint filed 4/18/2020)
[Adversary transferred from CB on 7/31/2020]
FR: 7-7-20; 9-30-20; 11-5-20
Docket 1
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
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
Plaintiff(s):
Richard Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally
11:00 AM
Adv#: 8:20-01055 Marshack v. Javan et al
CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)
[Adversary transferred from CB on 7/31/2020]
[FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20; 11-5-20
Docket 4
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
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
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.
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
Adv#: 8:20-01085 Norris et al v. Javan
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]
(Complaint filed 5/19/2020)
[Case transferred from CB on 7/31/2020]
FR: 8-4-20; 8-19-20; 9-30-20; 11-5-20
Docket 1
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:
Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 5, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 28, 2021, at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and
11:00 AM
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:
Discovery cutoff: November 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 1, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: February 3, 2021, at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days. Virtual appearances are required.
Debtor(s):
Mershad Javan Represented By Leslie A Cohen
Defendant(s):
Mershad Javan Represented By Todd L Turoci
11:00 AM
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
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 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.
Debtor(s):
Todd Stuart Masler Pro Se
11:00 AM
Trustee(s):
Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall
1:30 PM
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
Violation Of Automatic Stay/Discharge Injunction;
11 USC Section 525(a) Violation (Complaint filed 6/4/2020)
FR: 9-2-20; 10-21-20
Docket 1
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.
Debtor(s):
Lenore LuAnn Albert-Sheridan Pro Se
Defendant(s):
Maricruz Farfan Represented By Suzanne C Grandt James J Chang
1:30 PM
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
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
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;
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 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
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:
Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
1:30 PM
Pretrial conference: May 13, 2020 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Appearances required.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw M Douglas Flahaut
1:30 PM
Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello
1:30 PM
Adv#: 8:20-01035 Marshack v. American Express et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, And Fraudulent Transfers
FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20; 12-2-20
Docket 1
- NONE LISTED -
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
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
Adv#: 8:20-01036 Marshack v. Krohn Construction
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
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Krohn Construction Represented By Reed H Olmstead
Plaintiff(s):
Richard A Marshack Represented By Judith E Marshack
Trustee(s):
Richard A Marshack (TR) Represented By
1:30 PM
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
Adv#: 8:19-01176 Golden v. Caufield et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint for Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And
Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)
(Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)
FR: 11-19-19; 5-27-20; 8-5-20; 11-4-20
Docket 20
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
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
1:30 PM
Adv#: 8:20-01138 Golden v. McKenna et al
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 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
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.
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
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
Adv#: 8:20-01138 Golden v. McKenna et al
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 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
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.
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
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
1:30 PM
Adv#: 8:20-01118 Marshack v. Discover Financial
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020) FR: 11-4-20
Docket 1
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
Tentative for 11/4/20 is to CONTINUE to January 20, 2021, at 1:30 p.m. A status report is due 14 days prior.
Appearances for the 11/4 hearing are excused.
Debtor(s):
Ian G. Winterbotham Represented By Michael D Franco
Defendant(s):
Discover Financial Pro Se
Joint Debtor(s):
Bree C. Winterbotham Represented By Michael D Franco
Plaintiff(s):
Richard A Marshack Represented By Larry D Simons
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
1:30 PM
Adv#: 8:19-01080 Marshack v. Kassir
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
(Another summons issued 6/17/19) (PTC set at S/C held 11-20-19)
FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20; 11-28-20
Docket 1
NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
1:30 PM
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
Docket 84
NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Represented By Vikrant Chaudhry
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
1:30 PM
Adv#: 8:19-01130 Marshack v. Kassir et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers
(Complaint filed 7/2/19)
(PTC set at S/C held 11/20/19)
FR: 9-18-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20
Docket 1
NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Represented By Vikrant Chaudhry
Defendant(s):
Mohammad Mahdi Kassir Represented By Vikrant Chaudhry
Mohammad Abbas Kassir Represented By Vikrant Chaudhry
Ali Al-Hadi Kassir Represented By Vikrant Chaudhry
Sukeinah Kassir Represented By Vikrant Chaudhry
1:30 PM
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
1:30 PM
Adv#: 8:20-01062 Kosmala v. Ho
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
- NONE LISTED -
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
Reem J Bello
1:30 PM
Adv#: 8:19-01166 Aerofund Holdings, Inc. v. Mike, III
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
- NONE LISTED -
Debtor(s):
Mike Basil Mike III Represented By
Marvin Maurice Oliver
Defendant(s):
Mike Basil Mike III Represented By
Marvin Maurice Oliver
Joint Debtor(s):
Erin Kate Mike Represented By
Marvin Maurice Oliver
Plaintiff(s):
Aerofund Holdings, Inc. Represented By
1:30 PM
Trustee(s):
Ginger L Sotelo
Weneta M Kosmala (TR) Pro Se
1:30 PM
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
Hearing RE: Special Motion To Strike And Motion To Dismiss (Motion filed 11/13/2020)
Docket 96
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
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.
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
Movant(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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
Hearing RE: Motion For Sanctions (Motion filed 12/30/2020)
Docket 105
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
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.
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
Movant(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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
Hearing RE: Second Motion To Amend Complaint (Motion filed 12/29/2020)
Docket 102
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
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.
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
Movant(s):
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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 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
or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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
Virtual appearances are required.
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
John P. Reitman Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01152 Marshack v. Avenatti Carlin
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
- NONE LISTED -
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
David Wood Judith E Marshack John P. Reitman
Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01153 Marshack v. HPPW, LLC
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers
(Complaint filed 10/30/2020)
Docket 1
Tentative for 1/20/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: July 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 27, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Eagan Avenatti, LLP Represented By
1:30 PM
Jack A. Reitman
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
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 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
In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.
The 11/18 hearing is hereby vacated; appearances will not be permitted.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
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
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 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
In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.
The 11/18 hearing is hereby vacated; appearances will not be permitted.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
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
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 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.
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
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally
1:30 PM
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 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.
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
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 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.
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
D Edward Hays David Brian Lally
1:30 PM
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
- NONE LISTED -
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik
1:30 PM
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
- NONE LISTED -
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik
1:30 PM
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
- NONE LISTED -
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
Adv#: 8:20-01127 Tiara Townhomes, LLC v. Jiang
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization
(D.S. filed 6/4/2020)
(First Amended D.S filed 7/30/2020)
(Plan Confirmation hearing set at D.S. hearing held 7/16/2020) (First Amended Plan filed 7/30/2020)
FR: 7/16/20; 10-1-20; 11-5-20; 12-17-20
Docket 357
NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
Adv#: 8:19-01007 WJA Asset Management LLC et al v. Jordan et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Community Property Discharge Under 11 U.S.C. Section 524(a)(3)
(Complaint filed 1/7/19)
(Another Summons issued 3-28-19)
FR: 4-3-19; 6-26-19; 9-18-19; 1-22-20; 7-15-20
Docket 1
NONE LISTED -
Debtor(s):
Tiphanie Jennifere Jordan Represented By Leonard M Shulman
Defendant(s):
William M Jordan Pro Se
Tiphanie Jennifere Jordan Pro Se
Plaintiff(s):
Secure California Income Fund LLC Represented By
Kyra E Andrassy Timothy W Evanston
California Indexed Growth Fund Represented By
Kyra E Andrassy Timothy W Evanston
CA Real Estate Opportunity Fund II Represented By
11:00 AM
Kyra E Andrassy Timothy W Evanston
CA Real Estate Opportunity Fund I Represented By
Kyra E Andrassy Timothy W Evanston
William Jordan Investments Inc Represented By Kyra E Andrassy
Timothy W Evanston
WJA Secure Income Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
WJA Secure Real Estate Fund LLC Represented By
Kyra E Andrassy Timothy W Evanston
WJA Real Estate Opportunity Fund Represented By
Kyra E Andrassy Timothy W Evanston
WJA Real Estate Opportunity Fund I Represented By
Kyra E Andrassy Timothy W Evanston
WJA Express Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
Whirl Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
Urban Produce Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
TD Opportunity Fund LLC Represented By Kyra E Andrassy
11:00 AM
Timothy W Evanston
CA Real Estate Opportunity Fund III Represented By
Kyra E Andrassy Timothy W Evanston
Prosper Managed Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
PMB Managed Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
Luxury Asset Purchasing Represented By Kyra E Andrassy
Timothy W Evanston
Equity Indexed Managed Fund LLC Represented By
Kyra E Andrassy Timothy W Evanston
Clairton Residential Renewal LLC Represented By
Kyra E Andrassy Timothy W Evanston
CA Whirl Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
CA See Jane Go Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
CA Express Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
Alabama Housing Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
11:00 AM
5827 Winland Hills Drive Represented By Kyra E Andrassy
Timothy W Evanston
WJA Asset Management LLC Represented By Kyra E Andrassy
Timothy W Evanston
TD REO Fund LLC Represented By Kyra E Andrassy
Timothy W Evanston
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Confirmation Of Subchapter V Plan Of Reorganization (Plan filed 11/17/20)
Docket 79
NONE LISTED -
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)
(Amended Order Entered 8/20/2020) FR: 10-8-20; 1-7-21
Docket 9
- NONE LISTED -
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
Adv#: 8:20-01158 BMO Harris Bank N.A. v. Todero
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
- NONE LISTED -
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
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
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
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 11/30/2020)
Docket 11
- NONE LISTED -
Debtor(s):
Richard Lawrence Spix Represented By Brett Ramsaur
9:30 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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):
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
Donald W Reid
Liberty Debt Solution, LLC Represented By Donald W Reid
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Antonio 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
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Sonia Novoa De Alvarez Represented By Tristan L Brown
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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 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
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.
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
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 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.
11:00 AM
Debtor(s):
Luis F Pottier Represented By
Julie J Villalobos
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on trustee's final report and applications for compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $341.54; Expenses;
Docket 0
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.
11:00 AM
Debtor(s):
Richard Anthony Castro Represented By Suzette Douglas
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
CONT Hrg. on Chapter 11 Status Conference From: 9/22/20,1/19/21
EH
Docket 0
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
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
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):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Motion For Final Decree and Order Closing Case. and Related Relief EH
Docket 1169
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
audio of the hearing may be 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.
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
CONT STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)
From: 08/05/20,107/20,12/2/20
Docket 1
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
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
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.
Debtor(s):
John Paul Salvador Pro Se
1:30 PM
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
Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al
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 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
including dismissal of the action.
Appearances for the 11/4 hearing are excused.
****************************************************************************
Tentative for 8/19/20 is to CONTINUE to November 4, 2020 at 1:30 p.m. If the matter is not otherwise resolved and taken off calendar, a status report (unilateral or joint) will be due 14 days prior to the continued hearing.
Appearances for the 8/19 hearing are excused.
Debtor(s):
Fernando A Sanchez Represented By A Mina Tran
Defendant(s):
Fernando A Sanchez Pro Se
Marisol Alba Topete Pro Se
Joint Debtor(s):
Marisol Alba Topete Represented By A Mina Tran
Plaintiff(s):
ALL NATIONS REALTY Represented By Omero Banuelos
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:20-01113 Sarno et al v. Fite et al
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 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.
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
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
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
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
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):
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
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
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
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):
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
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):
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
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):
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
Trustee(s):
Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
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):
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
Trustee(s):
Hamid R Rafatjoo Kay S Kress Jennifer L Nassiri Brett Ramsaur
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
1:30 PM
Adv#: 8:20-01031 Marshack v. Sotiris, LLC
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
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
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello
1:30 PM
Adv#: 8:20-01031 Marshack v. Sotiris, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551]
(Complaint filed 3/20/2020)
FR: 6-10-20; 8-19-20; 10-21-20; 12-2-20
Docket 1
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
Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello
1:30 PM
Adv#: 8:20-01033 Marshack v. 27 Diamonds
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;
Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)
(PTC set at S/C held 7/15/2020)
FR: 6-10-20; 7-15-20; 8-19-20; 12-2-20
Docket 1
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
27 Diamonds Represented By
Andrew Edward Smyth
Plaintiff(s):
Richard A Marshack Represented By Judith E Marshack
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays
1:30 PM
David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack
1:30 PM
Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC
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
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
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello
1:30 PM
Adv#: 8:20-01037 Marshack v. Exclusive Fitness, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance, Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 547, 550, And 551];
Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;
Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq.] (Complaint filed 3/20/2020)
FR: 6-10-20; 8-19-20; 10-21-20; 12-2-20
Docket 1
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
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
Adv#: 8:19-01198 Moersch v. Zahedi
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
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
Adv#: 8:19-01198 Moersch v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt: (1) False Pretenses, False Representation, Fraud
(11 U.S.C. Section 523(a)(2)(A)( and (2) Wilful And Malicious Injury (11 U.S.C. Section 523(a)(6))
(Complaint filed 9/30/19)
(PTC set at S/C held 12/18/19)
FR: 12-18-19; 7-1-20; 8-5-20; 9-23-20; 12-2-20
Docket 1
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
Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost
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
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
Tinho Mang
1:30 PM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)
FR: 6-10-20; 7-1-20; 9-30-20; 11-4-20
Docket 22
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
Defendant(s):
Wallace Raymond Steffen Jr. Represented By Anerio V Altman
Movant(s):
Linda Steffen Represented By Christopher J Langley
Plaintiff(s):
Linda Steffen Represented By Christopher J Langley
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
1:30 PM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt
[11 U.S.C. Section 523(a)(4)]
(Complaint filed 6/4/19)
FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20; 6-10-20 at 10:00; 6-10-20; 7-1-20;
9-30-20; 11-4-20
Docket 1
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
Defendant(s):
Wallace Raymond Steffen Jr. Represented By Anerio V Altman
Plaintiff(s):
Linda Steffen Represented By Christopher J Langley
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
9:30 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
Adv#: 8:20-01055 Marshack v. Javan et al
CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)
[Adversary transferred from CB on 7/31/2020]
[FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20; 11-5-20; 1-20-21
Docket 4
- NONE LISTED -
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
Leslie A Cohen
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
Adv#: 8:20-01055 Marshack v. Javan et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:
Avoid And Recover Fraudulent Transfers;
Obtain Declaratory Relief As To Ownership Of Property;
Turnover Of Property;
Authorize Sale Of Real Property; And
For Declaratory Relief (Complaint filed 4/18/2020)
[Adversary transferred from CB on 7/31/2020]
FR: 7-7-20; 9-30-20; 11-5-20; 1-20-21
Docket 1
- NONE LISTED -
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
Plaintiff(s):
Richard Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally
9:30 AM
Adv#: 8:20-01085 Norris et al v. Javan
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]
(Complaint filed 5/19/2020)
[Case transferred from CB on 7/31/2020]
FR: 8-4-20; 8-19-20; 9-30-20; 11-5-20; 1-20-21
Docket 1
- NONE LISTED -
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
D Edward Hays David Brian Lally
10:00 AM
Hearing RE: Motion To Convert Chapter 7 Case To Subchapter V Chapter 11 Case
(Motion filed 1/13/2021)
Docket 238
- NONE LISTED -
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
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;
Breach Of Security Instrument (Complaint filed 5/17/19)
FR: 8-8-19; 11-7-19; 1-23-20; 4-9-20; 7-16-20; 8-20-20; 10-22-20; 12-17-20
Docket 1
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
****************************************************************************
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
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):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall
11:00 AM
Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
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
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 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
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:
On Pg. 11, the application appears to contain duplicative narrative summaries for the section entitled "13. Category 120 'Data Analysis.'"
Pg. 12 is missing from the application. Accordingly, the Court is not provided the opportunity to evaluate the narrative summary pertaining to the section entitled "14. Category 130 'Litigation.'"
The time entries located at Exhibit A are too small for the Court to review.
A client declaration must be filed in support of the fee application pursuant to LBR 2016-1(a)(1)(J).
Applicant is advised to file a supplement which addresses the foregoing by not later than January 14, 2021, with a client declaration due by not later than January 21, 2021.
The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.
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
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 5/16/19)
FR: 7-18-19; 11-7-19; 3-12-20; 5-14-20; 5-28-20; 10-1-20
Docket 10
- NONE LISTED -
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/10/2020) FR: 9-3-20; 12-17-20
Docket 8
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
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
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:
Deadline to file Plan and D.S. - October 8, 2020
Deadline to serve Plan and D.S. - September 15, 2020
Proof of Claims Deadline - November 15, 2020
Deadline to file Objections to Claims - January 15, 2021 Virtual appearances are required.
Debtor(s):
TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman
11:00 AM
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
- NONE LISTED -
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 12/18/2020)
Docket 13
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
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.
Debtor(s):
Jump Westminster, LLC Represented By Michael G York
10:00 AM
Adv#: 8:17-01235 Hausman Holdings, LLC et al v. Downs
Hearing RE: Order For Judgment Debtor Andrea S. Downs To Appear For Examination
(Set per Order Entered 1/19/2021)
Docket 0
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
11:00 AM
Hrg. on Chapter 7 Trustee's Motion for Order Approving Turnover of Property of the Estate (Tax Refunds and Real Property)
EH
Docket 27
- NONE LISTED -
Debtor(s):
Jorge Cervantes Jr. Represented By Neil R Hedtke
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
Pre-Trial Conference re: Objection filed 7/25/19 to Claims of Placo San Bernardino, LLC (Proof of Claim No. 203)
EH
Docket 0
- NONE LISTED -
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
Defendant(s):
City of San Bernardino Represented By Paul R. Glassman
Plaintiff(s):
PLACO SAN BERNARDINO, Represented By Raymond B Kim
1:30 PM
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
CONT Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings
From: 9/22/20,11/3/20,12/15/20
EH
Docket 15
- NONE LISTED -
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
Defendant(s):
City of San Bernardino Represented By Paul R. Glassman
Movant(s):
City of San Bernardino Pro Se
City of San Bernardino Represented By Paul R. Glassman
Plaintiff(s):
PLACO SAN BERNARDINO, Represented By
1:30 PM
Raymond B Kim
1:30 PM
Adv#: 6:19-01140 United States Trustee for the Central District of v. Wang
CONT PRE-TRIAL CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Hao Wang - 727(c),(d),(e)
From: 9/2/20 EH
Docket 1
- NONE LISTED -
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Defendant(s):
Hao Wang Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green Abram Feuerstein esq
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey
1:30 PM
Adv#: 6:19-01110 Redd v. Hilton, Jr.
CONT PRE-TRIAL CONFERENCE re: Complaint by LaToya S Redd against David Henry Hilton Jr.. - 727, 523(a)(2)
EH
From: 12/16/20
Docket 1
- NONE LISTED -
Debtor(s):
David Henry Hilton Jr. Pro Se
Defendant(s):
David Henry Hilton Jr. Pro Se
Plaintiff(s):
LaToya S Redd Represented By LaToya Redd
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:20-01186 Simons (TR) v. Macknally
STATUS CONFERENCE re: Complaint by Larry D Simons (TR) against Catherine Macknally - 727(c),(d),(e)
EH
Docket 1
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.
Debtor(s):
Catherine Macknally Represented By Natalie A Alvarado
Defendant(s):
Catherine Macknally Pro Se
1:30 PM
Plaintiff(s):
Larry D Simons (TR) Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
CONT Post-Confirmation Status Conference EH
From: 9/22/20
Docket 0
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.
1:30 PM
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
CONT. Hrg. on Adequacy of Debtor's Disclosure Statement Describing Chapter 11 Plan of Reorganization
From: 1/5/21 EH
Docket 0
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
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
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 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
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.
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
CONT Hrg. on Chapter 11 Status Conference EH
From: 9/29/20, 10/20/20,12/15/20,1/5/21
Docket 0
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
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.
CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay and Violation of Section 19719 of the Cal. Rev. and Tax Code
From: 11/4/20,12/16/20 EH
Docket 1
- NONE LISTED -
Debtor(s):
Javier A Garcia Hernandez Represented By
George C Panagiotou
Defendant(s):
Curacao, LTD A California Limited Pro Se Southwest Law Group PC Pro Se
Ramy Wasef Shoukry Pro Se
Joint Debtor(s):
Tatiana Ferrufino Represented By
George C Panagiotou
Plaintiff(s):
Tatiana Ferrufino Represented By
1:30 PM
Trustee(s):
George C Panagiotou Stephan A Hoover
Larry D Simons (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Deborah Ann Depaola Represented By William P Mullins
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
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 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
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.
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
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 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
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.
Debtor(s):
Teresa Marie Aragona Represented By Brian J Soo-Hoo
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Muhammad Faisal Taqi Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
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
- NONE LISTED -
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
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 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)
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
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.
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
Trustee(s):
Austin P Nagel Kirsten Martinez
Karen S Naylor (TR) Represented By Arturo M Cisneros Nathan F Smith
10:00 AM
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
- NONE LISTED -
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
David Brian Lally Laila Masud
10:00 AM
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 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.
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
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 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
(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
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
11:00 AM
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 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
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.
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
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 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
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.
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
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
- NONE LISTED -
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
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
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 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.
11:00 AM
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
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 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.
Debtor(s):
Todd Stuart Masler Pro Se
Movant(s):
Alex Jeronimo Llorente Represented By Alex J Llorente
11:00 AM
Trustee(s):
Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall
11:00 AM
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 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
or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
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
D Edward Hays Tinho Mang
11:00 AM
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 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.
11:00 AM
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
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
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 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.
11:00 AM
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
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
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 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.
11:00 AM
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
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
Hearing RE: Motion To Approve Compromise Between RDI Trustee And RFS Trustee
(Motion filed 1/27/2021)
Docket 1005
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.
Debtor(s):
Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan
11:00 AM
Movant(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
Hearing RE: 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 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.
Debtor(s):
Ruby's Franchise Systems, Inc., a Represented By
11:00 AM
Movant(s):
Eric J Fromme Christopher J Harney
Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker
Trustee(s):
Peter J Mastan (TR) Represented By Christopher Celentino Ashleigh A Danker
11:00 AM
Hearing RE: 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 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.
Debtor(s):
Ruby's Franchise Systems, Inc., a Represented By
11:00 AM
Movant(s):
Eric J Fromme Christopher J Harney
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
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
- NONE LISTED -
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
Adv#: 8:18-01168 Casey v. Steinmann et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 544(b) And 550;
For Imposition Of A Resulting Trust;
For Declaratory Relief;
For Preservation Of The Transfer For The Benefit Of The Estate;
For Attorneys' Fees And Costs (Complaint filed 9/6/2018)
[Case transferred from CB on 7/31/2020] (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
- NONE LISTED -
Debtor(s):
Andrea Steinmann Downs Pro Se
Defendant(s):
Lora Rae Steinmann Represented By
D Edward Hays Laila Masud
Heinz H Steinmann Represented By
D Edward Hays Laila Masud
1:30 PM
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
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
Adv#: 8:20-01119 Marshack v. Kabbage, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020) FR: 11-4-20
Docket 1
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.
Debtor(s):
Ian G. Winterbotham Represented By Michael D Franco
1:30 PM
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
Adv#: 8:20-01119 Marshack v. Kabbage, Inc.
Hearing RE: Motion For Default Judgment Against Kabbage Inc. (Motion filed 1/15/2021)
Docket 15
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.
Debtor(s):
Ian G. Winterbotham Represented By Michael D Franco
1:30 PM
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
Adv#: 8:20-01120 Marshack v. Citicards
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 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.
1:30 PM
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
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
1:30 PM
Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.
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 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.
Debtor(s):
Ian G. Winterbotham Represented By Michael D Franco
1:30 PM
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
Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.
Hearing RE: Motion For Default Judgment Against Ashley Furniture Industries Inc.
(Motion filed 1/15/2021)
Docket 16
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.
Debtor(s):
Ian G. Winterbotham Represented By Michael D Franco
Defendant(s):
Ashley Furniture Industries, Inc. Pro Se
1:30 PM
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
Adv#: 8:19-01190 Murray v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6)
(Complaint filed 9/20/19)
(PTC set at S/C held 12/18/19) FR: 12-18-19; 7-1-20; 10-7-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen Fritz J Firman
Defendant(s):
Charles S Zahedi Represented By Fritz J Firman
Plaintiff(s):
Patricia Murray Represented By Thomas J Eastmond Robert P Goe Charity J Manee
1:30 PM
Trustee(s):
Richard A Marshack (TR) Pro Se
1:30 PM
Adv#: 8:19-01198 Moersch v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt: (1) False Pretenses, False Representation, Fraud
(11 U.S.C. Section 523(a)(2)(A)( and (2) Wilful And Malicious Injury (11 U.S.C. Section 523(a)(6))
(Complaint filed 9/30/19)
(PTC set at S/C held 12/18/19)
FR: 12-18-19; 7-1-20; 8-5-20; 9-23-20; 12-2-20; 2-3-21
Docket 1
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
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-
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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.
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
Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.
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 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.
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
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 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,
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or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
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
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
Adv#: 8:20-01027 Hesse v. Engelmann
Hearing RE: Motion For Summary Judgment Against Debtor Cody Lee Engelmann
(Motion filed 12/21/2020)
Docket 31
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.
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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.
Willfulness
To satisfy the willfulness requirement, Plaintiff must show either that Defendant had a subjective motive to inflict the injury or Defendant believed
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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)
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
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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)
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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
https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al
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 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
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.
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
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
Adv#: 8:20-01124 French Design Jewelry, Inc. v. Kiladjian et al
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 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
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.
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
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Trustee(s):
Carley G Mak Carley Lee
Mark M Sharf (TR) Represented By Arturo M Cisneros
10:00 AM
Adv#: 8:20-01177 Gonzalez v. Murrietta et al
Hearing RE: Plaintiff Carlos Gonzalez's Motion For Order Remanding Case To State Court
(Motion filed 1/19/2021)
Docket 13
- NONE LISTED -
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
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
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)
FR: 4-4-19; 9-19-19; 12-19-19; 3-5-20; 5-28-20; 7-2-20; 8-20-20; 10-22-20
Docket 1
- NONE LISTED -
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps
10:00 AM
Timothy W Evanston
Defendant(s):
Luxury Asset Lending, LLC Represented By Richard Bunt
David Moore Pro Se
Jackman Industries, Inc. Represented By Thomas M Monson
Plaintiff(s):
Luxury Asset Purchasing Represented By Kyra E Andrassy
10:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
D Edward Hays David Brian Lally Laila Masud
10:00 AM
Adv#: 8:20-01055 Marshack v. Javan et al
CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)
[Adversary transferred from CB on 7/31/2020]
[FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21
Docket 4
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
******************************************************************************* 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
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.
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
Leslie A Cohen
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
Adv#: 8:20-01055 Marshack v. Javan et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:
Avoid And Recover Fraudulent Transfers;
Obtain Declaratory Relief As To Ownership Of Property;
Turnover Of Property;
Authorize Sale Of Real Property; And
For Declaratory Relief (Complaint filed 4/18/2020)
[Adversary transferred from CB on 7/31/2020]
FR: 7-7-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21
Docket 1
- NONE LISTED -
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
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
Adv#: 8:20-01085 Norris et al v. Javan
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]
(Complaint filed 5/19/2020)
[Case transferred from CB on 7/31/2020]
FR: 8-4-20; 8-19-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21
Docket 1
- NONE LISTED -
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
D Edward Hays David Brian Lally Laila Masud
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/17)
(Set at Confirmation Hearing on 10/25/18)
FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18; 7-12-18; 8-2-18; 10-18-18;
10-25-18; 4-18-19; 7-18-19; 1-9-20; 4-16-20; 6-24-20; 9-24-20
Docket 9
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
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
hearing date and briefing schedule for the OSC.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem Kevin Tang
11:00 AM
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 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
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
Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Rodney Glen Bassett Pro Se
11:00 AM
CONT'D Hearing RE: Post-Confirmation Status Conference (Petition filed 11/6/2017)
[Case transferred from CB on 7/31/2020]
FR: 11-14-17; 1-24-18; 4-25-18; 7-25-18; 9-26-18; 12-12-18; 4-24-19; 10-23-19;
11-27-19; 1-22-20; 7-22-20; 9-23-20; 9-24-20; 10-22-20; 1-7-21
Docket 1
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
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
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.
Debtor(s):
Rodney Glen Bassett Pro Se
11:00 AM
CONT'D Hearing RE: Chapter 11 Status Conference (S/C set per Order Entered 8/7/2020)
[Case transferred from CB on 7/31/2020]
FR: 10-1-20; 10-30-20
Docket 422
- NONE LISTED -
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
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 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:
Deadline to file amended D.S.: 2/26/21
Deadline to serve Solicitation Package: 3/12/21
Deadline to vote: 4/15/21
Deadline to file and serve objection to the plan: 4/15/21
Deadline to file ballot summary and confirmation brief: 4/29/21
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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw
11:00 AM
Movant(s):
David Wood
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference
(Petition filed 5/7/2020)
FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB); 7-16-20; 10-8-20; 12-17-20
Docket 1
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
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
status report is due 14 days in advance. Appearances for the 10/8 hearing are excused.
***************************************************************************** Tentative for 7/16/20 is to CONTINUE to October 8, 2020 at 11:00 a.m., and set the following dates/deadlines:
Claims Bar Date: 8/15/20
Deadline for filing Claim Objections: 12/31/20
Deadline to file Plan and Disclosure Statement: 9/4/20
Virtual appearances are required.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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 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
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.
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference
(Petition filed 9/21/2020) FR: 11-5-20
Docket 93
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
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:
Claims Bar Date: February 5, 2021
Notice of Claims Bar Date: November 30, 2020
Deadline to file Plan and Disclosure Statement: December 21, 2020 (statutory deadline)
Virtual appearances are required.
11:00 AM
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
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 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
audio of the hearing may be 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.
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
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 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
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.
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
Timothy W Evanston
11:00 AM
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 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
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.
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
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
1:30 PM
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 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
Tentative for 12/16/20 is to CONTINUE to January 6, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.
The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.
******************************************************************************* Tentative for 11/18/20:
In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.
The 11/18 hearing is hereby vacated; appearances will not be permitted.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
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
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 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
status report shall be due 14 days in advance.
The 12/16 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.
****************************************************************************** Tentative for 11/18/20:
In light of the Trustee's representations made in Motion to Continue Hearing [Dk. 244], this matter shall be continued to December 16, 2020, at 11:00 a.m. A status report is due 14 days in advance.
The 11/18 hearing is hereby vacated; appearances will not be permitted.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
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
10:00 AM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
TRIAL re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - §§523(a)(2), 523(a)(4), 523(a)(6)
(Cont. from 10/26/20)
Docket 1
Debtor(s):
Hector M Araiza Jr. Represented By
W. Derek May
Defendant(s):
Hector M Araiza Jr. Represented By
W. Derek May
Plaintiff(s):
Jeffrey Barnes Represented By William E Adams
Shirley A Barnes Represented By William E Adams
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Adrian Avelar Acero Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Julio Cesar Baltodano Represented By
David Hernandez Jr
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
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
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
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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 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
***************************************************************************** Tentative for 12/1/20:
Counsels should appear virtually, and have all evidence and pleadings readily available during the hearing.
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
11:00 AM
Hrg. on Trustee's Final Report 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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Nely Avelar Represented By
Suzette Douglas
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $1170.54; Expenses; $0]
Docket 26
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
Debtor(s):
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
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 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
Debtor(s):
Gina Marie Elias Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $1453.39; Expenses $0]
Docket 35
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
Debtor(s):
Juwan Lamar Lewis Represented By
Rabin J Pournazarian
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Delta Hospice of California Inc Pro Se
Trustee(s):
Todd A. Frealy (TR) Represented By Carmela Pagay
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $1100.00; Expenses; $0]
Docket 105
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
Debtor(s):
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
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 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
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
Adv#: 6:19-01176 Sekermestrovich v. Paiva
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
- NONE LISTED -
Debtor(s):
Gregory Allen Paiva Represented By Christian J Albut
Defendant(s):
Gregory Allen Paiva Pro Se
Plaintiff(s):
Dennis Sekermestrovich Represented By John A Boyd
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:20-01031 Khaddour et al v. Slone et al
CONT STATUS CONFERENCE re: Complaint by Nazih Khaddour, Robin Khaddour against Charles Slone, Lynn Slone for 523(a)(2) & 523(a)(6) causes of action
From: 6/10/20, 11/4/20 EH
Docket 1
- NONE LISTED -
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
Robin Khaddour Represented By Tyler H Brown
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.
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
- NONE LISTED -
Debtor(s):
Javier A Garcia Hernandez Represented By
George C Panagiotou
Defendant(s):
Curacao, LTD A California Limited Pro Se Southwest Law Group PC Pro Se
Ramy Wasef Shoukry Pro Se
Joint Debtor(s):
Tatiana Ferrufino Represented By
George C Panagiotou
Plaintiff(s):
Tatiana Ferrufino Represented By
1:30 PM
Trustee(s):
George C Panagiotou Stephan A Hoover
Larry D Simons (TR) Pro Se
1:30 PM
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 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
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
CONT. Hrg. on Chapter 11 Status Conference From: 8/18/20,1/19/21
EH
Docket 0
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
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:
Deadline to File Plan & D.S. - September 20, 2020 (statutory deadline)
Deadline to file Avoidance Actions - October 31, 2020
1:30 PM
Proof of Claims Deadline - November 15, 2020
Deadline to file Objections to Claims - December 31, 2020
Virtual appearances are required.
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik
1:30 PM
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
- NONE LISTED -
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik
1:30 PM
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
- NONE LISTED -
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik
1:30 PM
CONT Hrg. on chapter 11 status conference EH
From: 9/1/20, 10/6/20,1/19/21
Docket 0
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
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.
1:30 PM
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P.
1:30 PM
Adv#: 6:20-01193 Hoffman v. Young et al
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 for 3/2/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: August 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 30, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
1:30 PM
Debtor(s):
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
Adv#: 6:20-01203 D'Aquila et al v. Thompson
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 for 3/2/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: August 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
1:30 PM
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
Adv#: 6:20-01204 Wallace v. Thompson
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 for 3/2/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: August 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 12, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
1:30 PM
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
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
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 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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
Debtor(s):
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
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 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
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
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.
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
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
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
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 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
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:
Whether the services were undertaken solely for the benefit of the party itself or for the benefit of all parties in the case;
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;
Whether the party can demonstrate that its actions provided a direct, significant and demonstrable benefit to the estate;
Whether the benefit conferred upon the estate exceeds the costs sought to obtain that benefit; and
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
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
so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Andrea Steinmann Downs Pro Se
Movant(s):
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
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
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 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
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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
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.
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
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 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
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.
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
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 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.
11:00 AM
Debtor(s):
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
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 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.
11:00 AM
Debtor(s):
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
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
- NONE LISTED -
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
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 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
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.
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
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 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.
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
Adv#: 8:19-01080 Marshack v. Kassir
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
(Another summons issued 6/17/19) (PTC set at S/C held 11-20-19)
FR: 8-7-19; 9-4-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20; 11-28-20; 1-20-21
Docket 1
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
"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:
Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 at 11:00 a.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
1:30 PM
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
1:30 PM
Adv#: 8:20-01150 Marshack v. Honda Aircraft Company LLC
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 for 3/3/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: August 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 15, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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
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.
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
Adv#: 8:20-01149 Marshack v. Osborn
Hearing RE: Motion To Dismiss Complaint Under Rule Of Civil Procedure 12(b)
For Failure To State A Claim (Complaint filed 10/20/2020)
Docket 7
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
Defendant(s):
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
Adv#: 8:20-01149 Marshack v. Osborn
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 for 3/3/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: June 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: July 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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
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.
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
Adv#: 8:20-01147 Marshack v. Cascade Capital Group, LLC
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
- NONE LISTED -
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
John P. Reitman Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01015 Petersen v. Romero
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Sections 727(a)(3) And 727(a)(4)(a) & (B) (Complaint filed 2/7/2020)
(PTC set per Order Entered 4-23-2020 - docket no. [7]) FR: 4-29-20; 10-21-20
Docket 1
- NONE LISTED -
Debtor(s):
Alisandro Romero Represented By Rex Tran
Defendant(s):
Alisandro Romero Represented By Thomas J Polis
Plaintiff(s):
Michael Petersen Pro Se
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
10:00 AM
Adv#: 8:20-01177 Gonzalez v. Murrietta et al
STATUS CONFERENCE Hearing RE: Complaint For:
Breach of Warranty;
Negligence; And
Strict Liability
(Notice of Removal filed 12/21/20)
Docket 1
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
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
Hearing RE: Motion by Chapter 7 Trustee For Award Of Attorneys' Fees And Requiring Status Report
[Case transferred from CB on 7/31/2020]
FR: 11-4-20
Docket 862
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
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
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
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
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
10:00 AM
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 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
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.
10:00 AM
Debtor(s):
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
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 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
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.
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
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 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
Trustee to lodge an order within seven (7) days.
Debtor(s):
Kevin Marroquin-Mayen Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ
STATUS CONFERENCE re: Complaint by NextGear Capital Inc against MA KAZAZ. for Dischargeability under Section 523(a)(2) , 523(a)(4), and 523(a)(6)
EH
Docket 1
Tentative for 3/9/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: May 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: 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
Participants may connect to the videoconference through an Internet browser 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
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.
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
CONT Hrg. on Subchapter V Status Conference From 8/18/20,12/15/20
Docket 0
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
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.
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
Trustee(s):
Caroline Renee Djang Pro Se
1:30 PM
Hrg. on Debtor's Motion filed 2/16/21 for Order Authorizing Continued Use of Cash Collateral
EH
Docket 78
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
audio of the hearing may be 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.
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
Trustee(s):
Caroline Renee Djang (TR) Pro Se
1:30 PM
CONT. Hrg. on Confirmation of Chapter 11 Plan From: 12/15/20
EH
Docket 0
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
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.
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
Trustee(s):
Caroline Renee Djang Pro Se
1:30 PM
Adv#: 6:20-01205 Anderson (TR) v. Valladares et al
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 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.
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
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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
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
Participants may connect to the videoconference through an Internet browser 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.
10:00 AM
Debtor(s):
Hernan Pina Obando Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
1:30 PM
Adv#: 8:20-01035 Marshack v. American Express et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, And Fraudulent Transfers
FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20; 12-2-20; 1-20-21
Docket 1
- NONE LISTED -
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
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
Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.
Docket 19
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.
Debtor(s):
Ian G. Winterbotham Represented By Michael D Franco
1:30 PM
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
Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.
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
- NONE LISTED -
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
Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.
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;
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
- NONE LISTED -
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
Trustee(s):
Karen S Naylor (TR) Represented By Marc C Forsythe
1:30 PM
Adv#: 8:20-01176 Ancora et al v. Trent
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 for 3/10/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: September 3, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 15, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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
Debtor(s):
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
Adv#: 8:20-01062 Kosmala v. Ho
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
- NONE LISTED -
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
Trustee(s):
Weneta M.A. Kosmala (TR) Represented By Reem J Bello
1:30 PM
Adv#: 8:19-01190 Murray v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6)
(Complaint filed 9/20/19)
(PTC set at S/C held 12/18/19)
FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21
Docket 1
- NONE LISTED -
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen Fritz J Firman
Defendant(s):
Charles S Zahedi Represented By Fritz J Firman
Plaintiff(s):
Patricia Murray Represented By Thomas J Eastmond Robert P Goe
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:20-01127 Tiara Townhomes, LLC v. Jiang
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
- NONE LISTED -
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
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 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
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: 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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: 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 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
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Final Application For Final Approval Of:
Compensation Of Contingency Fees And Reimbursement of Expenses Related to the Settlement With Secured Investment Corp., Lee Arnold And Jaclyn Arnold;
Compensation Of Contingency Fees And Reimbursement Of Expenses Related To The Settlement With Winget, Spadafora & Schwartzberg, LLP And Arto J. Nuutinen; And
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 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
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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
CONT'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 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
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.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
CONT'D Hearing RE: Confirmation Of Subchapter V Plan Of Reorganization (Plan filed 11/17/20)
FR: 1-21-21
Docket 79
- NONE LISTED -
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)
(Amended Order Entered 8/20/2020) FR: 10-8-20; 1-7-21; 1-21-21
Docket 9
- NONE LISTED -
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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.
11:00 AM
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
Adv#: 8:20-01158 BMO Harris Bank N.A. v. Todero
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 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.
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
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
- NONE LISTED -
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
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
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.
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
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 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
Participants may connect to the videoconference through an Internet browser 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.
10:00 AM
Debtor(s):
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
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 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
Movant to lodge an order within seven (7) days.
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
Adv#: 6:19-01162 Jimenez v. Templo
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
- NONE LISTED -
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
Hrg. on Chapter 15 Status Conference EH
Docket 0
- NONE LISTED -
Debtor(s):
Wai Hung Cheng Represented By Jennifer R Lloyd
1:30 PM
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
- NONE LISTED -
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
David B Golubchik Todd A Frealy
10:00 AM
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 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
Parties making 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
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.
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
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 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.
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
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 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.
Debtor(s):
Yifeng Gao Represented By
Erik P Wu
Joint Debtor(s):
Liping Wu Represented By
Erik P Wu
10:00 AM
Movant(s):
Jonathan Lam Represented By Brent D Meyer
Trustee(s):
Weneta M.A. Kosmala (TR) Represented By Reem J Bello
10:00 AM
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
- NONE LISTED -
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
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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
- NONE LISTED -
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
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 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.
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
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
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 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
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.
11:00 AM
Debtor(s):
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
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 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
Debtor(s):
Rock & Brews LLC Represented By David Wood
Trustee(s):
Jeffrey I Golden (TR) Represented By Beth Gaschen
11:00 AM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
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
Adv#: 8:20-01138 Golden v. McKenna et al
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
- NONE LISTED -
Debtor(s):
Tim M McKenna Represented By Michael G Spector
Defendant(s):
Tim M McKenna Represented By Robert P Goe
Courtney Statham Represented By Robert P Goe
Tim M. McKenna Pro Se
Sitework Development Company, Represented By
Robert P Goe
Plaintiff(s):
Jeffrey I Golden Represented By
1:30 PM
Trustee(s):
Reem J Bello Ryan W Beall
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
1:30 PM
Adv#: 8:20-01015 Petersen v. Romero
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Sections 727(a)(3) And 727(a)(4)(a) & (B) (Complaint filed 2/7/2020)
(PTC set per Order Entered 4-23-2020 - docket no. [7]) FR: 4-29-20; 10-21-20; 3-3-21
Docket 1
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:
Deadline to file motions in limine - May 5, 2021. Responses - May 12, 2021. Replies - at hearing.
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
Participants may connect to the videoconference through an Internet browser 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
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:
Discovery cutoff: September 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 1, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
1:30 PM
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
1:30 PM
Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada
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 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
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
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 15, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: March 3, 2021, at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days. Virtual appearances are required.
****************************************************************************** Tentative for 6/24/20 is to CONTINUE to August 19, 2020 at 10:00 a.m.
As of the posting of this tentative, the parties have not filed a status report in compliance with the requirements of LBR 7016-1(a). Future noncompliance with applicable rules and instructions may result in monetary and nonmonetary sanction, including dismissal or entry of order striking the answer and entering a default judgment.
Appearances for the 6/24 hearing are excused.
Debtor(s):
Gerardo Emigdio Navarro Estrada Pro Se
Defendant(s):
Gerardo Emigdio Navarro Estrada Pro Se
1:30 PM
Plaintiff(s):
Action Mobile Homes, Inc. Represented By Edward T Weber
Trustee(s):
Jeffrey I Golden (TR) Pro Se
1:30 PM
Adv#: 8:20-01036 Marshack v. Krohn Construction
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
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Krohn Construction Represented By Reed H Olmstead
Plaintiff(s):
Richard A Marshack Represented By Judith E Marshack
Trustee(s):
Richard A Marshack (TR) Represented By
1:30 PM
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
Adv#: 8:20-01101 Casey v. Morgan
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Debtor Brooks T. Morgan For Judgment:
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(2);
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(4)(A);
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(5);
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(6)(A);
Denying Discharge RE Tax Refund Per 11 U.S.C. Section 727(a)(3);
Denying Discharge RE Arroyo Membership Interest And Per 11 U.S.C. Section 727(a)(4)(A);
Denying Discharge RE Alleged Redemption Agreement And Updated
$33,350 Check Per 11 U.S.C. Section 727(a)(2);
Denying Discharge RE Post-Marital Agreement Per 11 U.S.C. Section 727(a)(2);
Denying Discharge RE Post-Marital Agreement Per 11 U.S.C. Section 727(a)(4);
Denying Discharge RE Unpaid Arroyo Membership Distributions Per 11
U.S.C. Section 727(a)(2); And
Denying Discharge RE Unpaid Arroyo Membership Distributions Per 11
U.S.C. Section 727(a)(4)(a) (Complaint filed 6/12/2020) (PTC set at S/C held 8/19/2020)
FR: 8-19-20
Docket 1
- NONE LISTED -
1:30 PM
Debtor(s):
Brooks T Morgan Represented By Donald W Sieveke
Defendant(s):
Brooks T. Morgan Represented By Donald W Sieveke
Plaintiff(s):
Thomas H Casey Represented By Thomas H Casey
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
1:30 PM
Adv#: 8:20-01179 Roberts v. Gehron Jr
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt:
Debt For Defalcation While Acting In A Fiduciary Capacity (11 USC 523(a) (4))
Debt For Willful And Malicious Injury (11 USC 523(a)(6)) (Complaint filed 12/28/2020)
Docket 1
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17)
FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;
8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 1-23-20; 3-12-20; 6-11-20;
7-16-20; 10-1-20; 11-5-20; 12-17-20; 1-21-21
Docket 6
- NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
CONT'D 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 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.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
Hearing RE: Debtor's Motion For Voluntary Dismissal Of Chapter 11 Case (Motion filed 3/4/2021)
Docket 107
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.
Debtor(s):
TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman
11:00 AM
Movant(s):
TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman Leonard M Shulman
11:00 AM
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
- NONE LISTED -
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
Golden Capital Venture LLC Represented By Michael Simon
11:00 AM
STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.
Section 1111(b) Election
(Set per Order Entered 2/3/2021)
Docket 6
Tentative for 3/25/21:
The Court is inclined to set the following dates/deadlines:
Deadline to file Plan - May 3, 2021 (statutory deadline)
Deadline to serve Plan - May 7, 2021
Ballots Due - June 10, 2021
Confirmation Brief Due - June 17, 2021
Oppositions to Confirmation Brief due - June 24, 2021
Replies due - July 1, 2021
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
not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender
11:00 AM
Movant(s):
Todd M Arnold
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.
Section 1111(b) Election
(Set per Order Entered 2/3/2021)
Docket 6
Tentative for 3/25/21:
The Court is inclined to set the following dates/deadlines:
Deadline to file Plan - May 3, 2021 (statutory deadline)
Deadline to serve Plan - May 7, 2021
Ballots Due - June 10, 2021
Confirmation Brief Due - June 17, 2021
Oppositions to Confirmation Brief due - June 24, 2021
Replies due - July 1, 2021
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
not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
Debtor(s):
Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Texas Tire Warehouse, LLC Represented By Ron Bender
11:00 AM
Movant(s):
Todd M Arnold
Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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
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.
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
9:30 AM
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
Hrg. on Plaintiff's Motion in Limine to Exclude Bank Statement of Arthur Meisner from Bank of the West
EH
Docket 48
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
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.
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
Trustee(s):
Steven M Speier (TR) Pro Se
9:30 AM
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
Hrg. on Defendants' Motion in limine to exclude exhibit 17 EH
Docket 39
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
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.
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
Bilal Essayli
Plaintiff(s):
Commonwealth Land Title Insurance Represented By
Karen A Ragland
Trustee(s):
Steven M Speier (TR) Pro Se
9:30 AM
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
Plaintiff's Motion filed 3/19/21 to Reopen Discovery for Limited Purpose EH
Docket 45
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
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.
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
Trustee(s):
Steven M Speier (TR) Pro Se
9:30 AM
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
PRE-TRIAL CONFERENCE re: Complaint by Commonwealth Land Title Insurance Company against Jason Ortiz, Brianna Ortiz - §§ 523(a)(2), (a)(6)
EH
(Cont. from 7/15/20)
Docket 1
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
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:
Setting a deadline for the filing of motions in limine not less than 30 days prior to trial, and
Trial scheduling.
As a preliminary matter, the Court has following dates available for trial: February 23-25, 2021
March 29-31, 2021
9:30 AM
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:
Discovery cutoff: May 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 11, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: July 15, 2020 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
*************************************************************************** Tentative for 09/04/19:
The Court has reviewed the Motion for Relief from Default Judgement [Dk. 13] filed on August 12, 2019, by Debtors Jason Ortiz and Brianna Ortiz. In light of the foregoing, the Court finds good cause to set that matter for hearing, and will CONTINUE this status conference, to November 20, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
9:30 AM
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
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Christopher Michael Daffron Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
James Carl Mucciacito Represented By Robert T Frahm
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
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 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
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.
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
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 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
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.
Debtor(s):
Alfred Dominguez Represented By Michael E Clark
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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
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
https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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 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
The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a 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.
Debtor(s):
Caroll Ann Vandre Represented By Gene P Killian
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
11:00 AM
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 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
Debtor(s):
Thomas Richard Steferak Represented By Jenny L Doling
Joint Debtor(s):
Bonnie Diane Barkley Represented By Jenny L Doling
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on Trustee's 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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Advantage Performance Represented By Benjamin R Heston
Trustee(s):
Karl T Anderson (TR) Represented By Tinho Mang Chad V Haes
1:30 PM
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 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
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.
1:30 PM
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
CONT Hrg. on Chapter 11 Status Conference EH
From: 9/29/20, 10/20/20,12/15/20,1/5/21,2/16/21
Docket 0
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
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
1:30 PM
Roksana D. Moradi-Brovia
1:30 PM
Adv#: 6:21-01006 Bui v. Color Ad, Inc., a California Corporation
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
- NONE LISTED -
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
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
Hrg. on Defendant's Motion filed 3/16/21 to Dismiss for Lack of Subject-Matter Jurisdiction
EH
Docket 52
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
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
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.
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
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
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
CONT STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)
From: 08/05/20,107/20,12/2/20,2/2/21
Docket 1
Tentative for 4/6/21:
Virtual appearances are required.
The Court is inclined to set the following dates and deadlines:
Deadline to file answer: April 30, 2021.
Discovery cutoff: September 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 29, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
from making any recording of 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
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
permitted.
**************************************************************************** Tentative for 10/7/20:
Having reviewed the Proof of Service of Summons filed 6/9/20 [Dk. 13], the Court notes that while Plaintiff sent the summons to the entity addresses identified in the Court Manual Register of Federal & State Government Unit Addresses, the service was not labeled (i.e., service was not specifically sent to the Civil Process Clerk and Attorney General) as listed in Court Manual Appendix D, Section 2.4.
Plaintiff shall obtain a new summons no later than November 1, 2020, and properly serve the entities. As a holding date, which is subject to change after a new summons is issued, the Court shall set a continued status conference of December 2, 2020, at 1:30 p.m. A status report is due 14 days in advance.
Appearances for the 10/7 hearing are excused.
*********************************************************************************** Tentative for 8/5/20 is to CONTINUE to October 7, 2020 at 1:30 p.m. A status report is due 14 days in advance.
Appearances for the 8/5 hearing are excused.
Debtor(s):
John Paul Salvador Pro Se
Defendant(s):
United States Department of Justice Represented By
John D Ellis
Internal Revenue Service Represented By John D Ellis
United States Attorney Central Represented By John D Ellis
1:30 PM
Plaintiff(s):
John Paul Salvador Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:21-01013 PRINGLE v. Williams et al
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
- NONE LISTED -
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
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
Adv#: 6:21-01005 Bui v. Barrette Outdoor Living Inc., an Ohio Corporation
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
- NONE LISTED -
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
Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al
Plaintiff's Motion for Default Judgment against Fernando A. Sanchez and Marisol Alba Topete
EH
Docket 27
- NONE LISTED -
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
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al
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
- NONE LISTED -
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
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
Hrg. on Plaintiff's Motion filed 3/5/21 for Default Judgment EH
Docket 11
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
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.
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
Adv#: 6:20-01133 Sarasota CCM, Inc., v. Turner, Sr.
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
- NONE LISTED -
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
Adv#: 6:21-01008 Grobstein, Chapter 7 Trustee v. Prieto, Sr. et al
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 for 4/6/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: September 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 29, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
Debtor(s):
Carlos E Prieto Sr. Represented By
1:30 PM
Francis Guilardi
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
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 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.
10:00 AM
Debtor(s):
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
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 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
Debtor(s):
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
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Albert Bront Pro Se
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
11:00 AM
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 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
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
so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan
Movant(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
CONT'D 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 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
***************************************************************************** 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.
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
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 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
****************************************************************************** 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.
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
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint: (1) To Determine The Validity, Priority, And Extent Of Liens;
(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 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
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
date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.
If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Defendant(s):
Daniel Keith Larson Pro Se
Erin Ellen Larson Pro Se
Peter Kote Pro Se
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
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
Violation Of Automatic Stay/Discharge Injunction;
11 USC Section 525(a) Violation (Complaint filed 6/4/2020)
FR: 9-2-20; 10-21-20; 1-20-21
Docket 1
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
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.
1:30 PM
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
CONT'D RULE 16 PRE-TRIAL CONFERENCE Hearing RE: Second Amended Complaint For:
Declaratory Judgment;
Quantum Meruit;
Violation Of The Automatic Stay, And Other Court Orders;
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
- NONE LISTED -
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
Defendant(s):
The X-Law Group, PC, a Represented By Kurt Ramlo
Filippo Marchino
Filippo Marchino Represented By
1:30 PM
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
Adv#: 8:21-01003 Weneta M.A. Kosmala v. Siegel-Masler
STATUS CONFERENCE Hearing RE: Complaint:
To Avoid Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
To Avoid Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
For Recovery Of Avoided Transfers Under 11 U.S.C. Section 550;
To Preserve Transfer For The Benefit Of The Estate Pursuant To 11 U.S.C. Section 551;
For Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h);
For Turnover Of Property Of The Estate; and
Payment of Costs Pursuant to 11 U.S.C. Section 363(j) (Complaint filed 1/7/2021)
Docket 1
Tentative for 4/7/21:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: July 30, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 31, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
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
https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
Adv#: 8:20-01033 Marshack v. 27 Diamonds
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;
Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)
(PTC set at S/C held 7/15/2020)
FR: 6-10-20; 7-15-20; 8-19-20; 12-2-20; 2-3-21
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
27 Diamonds Represented By
Andrew Edward Smyth
Plaintiff(s):
Richard A Marshack Represented By Judith E Marshack
1:30 PM
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
Adv#: 8:18-01212 Saab et al v. Conkey
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Second Amended Complaint To Determine Dischargeability Of Debt
(Complaint filed 12/3/18)
Advanced from 11/6/19 - Order Entered 8-15-19) (Second Amended Complaint filed 3/19/19) (PTC set at S/C held 12/18/19)
FR: 2-27-19; 5-1-19; 5-15-19; advanced from 11-6-19; 9-18-19; 12-18-19;
12-16-20; 12-16-20
Docket 22
- NONE LISTED -
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Represented By Donald W Reid
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
1:30 PM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
1:30 PM
Adv#: 8:20-01120 Marshack v. Citicards
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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
1:30 PM
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
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Represented By Vikrant Chaudhry
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
1:30 PM
Adv#: 8:19-01130 Marshack v. Kassir et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers
(Complaint filed 7/2/19)
(PTC set at S/C held 11/20/19)
FR: 9-18-19; 10-2-19; 11-20-19; 5-27-20; 10-7-20; 1-20-21
Docket 1
- NONE LISTED -
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
Trustee(s):
Donald W Sieveke
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;
(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 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
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
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
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
Defendant(s):
Suneet Singal Pro Se
First Capital Real Estate Pro Se
Stephen Howell Pro Se
Central Valley Gas Stations Atwater Pro Se
Plaintiff(s):
TD REO Fund, LLC Represented By Michael W Davis Corey R Weber
TD Opportunity Fund, LLC Represented By Michael W Davis
11:00 AM
Corey R Weber
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: Setting
Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
(3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And (5) Setting Date For 11 U.S.C. Section 1111(b) Election (Set per Order Entered 2/24/2020)
FR: 4-9-20; 6-11-20; 11-5-20
Docket 162
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
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.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 10/7/19)
FR: 11-21-19; advanced from 2-12-20; 1-30-20; 4-29-20; 6-11-20; 11-5-20
Docket 7
- NONE LISTED -
Debtor(s):
Jonathan James Lagman Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D 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 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
disclosure statement filed September 15, 2020 [Dk. 62]. A status report is not required.
Appearances for the 10/22 hearing are excused.
**************************************************************************** Tentative for 5/7/20:
The Court is inclined to set the following dates/deadlines:
Deadline for filing a plan and disclosure Statement: September 30, 2020. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Deadline to object to claims: August 7, 2020.
Continued status conference: October 22, 2020 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is to lodge an order within seven days.
Telephonic appearances are required. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.
The Parties are reminded to have all relevant filings/information easily accessible during the hearing.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
Arnold H. Wuhrman
11:00 AM
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 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.
11:00 AM
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
11:00 AM
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
- NONE LISTED -
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
Golden Capital Venture LLC Represented By Michael Simon
11:00 AM
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
- NONE LISTED -
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
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 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.
11:00 AM
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
STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 2/12/2021)
(Set per Order Entered 2/18/2021)
Docket 0
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
Notwithstanding the foregoing, the Court is inclined to set the following dates/deadlines:
Deadline to file Plan – May 13, 2021 (statutory deadline)
Deadline to serve Plan – May 17, 2021
Ballots Due – June 18, 2021
Confirmation Brief Due – July 1, 2021
Oppositions to Confirmation Brief due – July 8, 2021
Replies due – July 15, 2021
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
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.
Debtor(s):
Michael Gargan Represented By Michael Jones
Trustee(s):
Robert Paul Goe (TR) Pro Se
11:00 AM
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 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
***************************************************************************** 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.
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
9:30 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
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
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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
CONT'D RULE 16 PRE-TRIAL CONFERENCE Hearing RE: Second Amended Complaint For:
Declaratory Judgment;
Quantum Meruit;
Violation Of The Automatic Stay, And Other Court Orders;
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 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
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.
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
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
9:30 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
CONT'D TRIAL RE: Complaint Objecting To Debtor's Discharge Under 11
U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)
(Complaint filed 1/4/19)
(TRIAL set at PTC held 12/18/19)
[Trial set as "initial Trial date per Order Entered 3/19/2020]
(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
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
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
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 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
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.
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
Movant(s):
Lenore LuAnn Albert-Sheridan Pro Se
Plaintiff(s):
Lenore LuAnn Albert-Sheridan Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel
Aaron E de Leest Sonia Singh
10:00 AM
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 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
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.
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
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 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.
Debtor(s):
Steven Craig Lee Represented By
Ethan Kiwhan Chin
10:00 AM
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
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 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
Movant to lodge an order within seven (7) days.
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
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 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
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.
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
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 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
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.
Debtor(s):
Sarah Frances Bolfik Represented By Edgar P Lombera
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Objection to Claim Number 21-1, Can Capital, Inc. EH
Docket 73
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.
Debtor(s):
Wesley Hugh Gilmore Represented By James B Watkins
11:00 AM
Joint Debtor(s):
Debra Denise Gilmore Represented By James B Watkins
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
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 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
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.
11:00 AM
Debtor(s):
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
Hrg. on Chapter 7 Trustee's Motion to Dismiss Case and Vacate Discharge if Previously Entered
EH
Docket 37
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.
Debtor(s):
Sandra Ramirez Pro Se
11:00 AM
Movant(s):
Robert Whitmore (TR) Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
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 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.
Debtor(s):
Ingrid S. Jordan Represented By
11:00 AM
Trustee(s):
Keith Q Nguyen
Larry D Simons (TR) Represented By Frank X Ruggier
1:30 PM
Adv#: 6:20-01025 Rose v. Duarte
CONT STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - §523(a)(2)(A), §523(a)(4), §523(a)(6)
EH
From: 9/23/20, 11/17/20,1/19/21
Docket 1
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
***************************************************************************
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.
Debtor(s):
Lisa Duarte Pro Se
Defendant(s):
Lisa Duarte Pro Se
Plaintiff(s):
Stacey Rose Represented By
Michael D Anderson
1:30 PM
Trustee(s):
Andrei Serpik
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:21-01013 PRINGLE v. Williams et al
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 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.
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
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
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 727(a)(2)(A), 727(a)(3), 727(a)(5)
From: 9/2/20,11/4/20,1/19/21 EH
Docket 1
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
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.
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
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
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 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.
Debtor(s):
Camp Croteau, Inc. Represented By
1:30 PM
Movant(s):
Todd L Turoci
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
Adv#: 6:20-01186 Simons (TR) v. Macknally
Plaintiffs Motion for Default Judgment against Catherine Macknally
Docket 9
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.
Debtor(s):
Catherine Macknally Represented By Natalie A Alvarado
1:30 PM
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
Adv#: 6:20-01186 Simons (TR) v. Macknally
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 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
Appearances for the 2/16 hearing are excused.
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
Adv#: 6:21-01019 Schadeck et al v. Lee
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 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.
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
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
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 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
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.
Debtor(s):
Myung Ok Sung Represented By Michael H Yi
Trustee(s):
Weneta M.A. Kosmala (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-cv-08313- JAK-JPR
(Motion filed 10/16/2020)
FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21; 2-18-21
Docket 212
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
***************************************************************************** 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.
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
Judith E Marshack John P. Reitman Meghan C Murphey Tinho Mang
11:00 AM
CONT'D Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)
FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21; 2-18-21
Docket 219
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
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.
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
John P. Reitman Meghan C Murphey Tinho Mang
11:00 AM
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 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.
11:00 AM
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
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 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.
Debtor(s):
Yifeng Gao Represented By
Erik P Wu
11:00 AM
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
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 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
Debtor(s):
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
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 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
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.
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
Trustee(s):
Faye C Rasch Robert S Marticello
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
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
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;
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 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
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
Plaintiff may file any motion he deems appropriate, including a request for order to show cause, by no later than August 15, 2020.
Appearances for the 7/15 hearing are excused.
******************************************************************************* Tentative for 09/18/2019:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Appearances required.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
1:30 PM
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
Adv#: 8:20-01035 Marshack v. American Express et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, And Fraudulent Transfers
FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20; 12-2-20; 1-20-21; 3-10-21; 3-10-21
Docket 1
- NONE LISTED -
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
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
Adv#: 8:19-01176 Golden v. Caufield et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint for Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And
Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)
(Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)
FR: 11-19-19; 5-27-20; 8-5-20; 11-4-20; 1-20-21
Docket 20
- NONE LISTED -
Debtor(s):
Tim M McKenna Represented By Michael G Spector
Defendant(s):
Jason Caufield Represented By Tyler H Brown
Plaintiff(s):
Jeffrey I. Golden Represented By Reem J Bello Ryan W Beall
1:30 PM
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
1:30 PM
Adv#: 8:20-01138 Golden v. McKenna et al
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 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
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
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
so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
Trustee(s):
Reem J Bello Ryan W Beall
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
1:30 PM
Adv#: 8:20-01138 Golden v. McKenna et al
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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
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
Adv#: 8:20-01118 Marshack v. Discover Financial
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020) FR: 11-4-20; 1-20-21
Docket 1
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
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
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.
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
Plaintiff(s):
Richard A Marshack Represented By Larry D Simons
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
1:30 PM
Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.
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 for 4/28/21:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: August 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 30, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
***************************************************************************** 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.
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
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
1:30 PM
Adv#: 8:20-01121 Marshack v. Ashley Furniture Industries, Inc.
CONT'D Hearing RE: Motion For Default Judgment Against Ashley Furniture Industries Inc.
(Motion filed 1/15/2021) FR: 2-17-21
Docket 16
- NONE LISTED -
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
Trustee(s):
Larry D Simons
Richard A Marshack (TR) Represented By Larry D Simons
1:30 PM
Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.
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 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:
Discovery cutoff: November 5, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: December 3, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
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
not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
imposition of monetary and non-monetary sanctions.
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
Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.
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 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
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
so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Homestead Escrow, Inc. Represented By Marc C Forsythe
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
Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.
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
- NONE LISTED -
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
Trustee(s):
Karen S Naylor (TR) Represented By Marc C Forsythe
1:30 PM
Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.
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
- NONE LISTED -
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
Trustee(s):
Karen S Naylor (TR) Represented By Marc C Forsythe
1:30 PM
Adv#: 8:20-01049 Marshack v. Aledmi, LLC et al
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
- NONE LISTED -
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
Michael Simon
Lei Lei Wang Ekvall
Michael White Represented By Michael Simon
Lei Lei Wang Ekvall
Plaintiff(s):
Richard A. Marshack Represented By Jack A. Reitman
Trustee(s):
Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood
Judith E Marshack John P. Reitman Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01050 Marshack v. Alki Bakery, Inc.
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
- NONE LISTED -
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01051 Marshack v. Faieta dba Competition Motorsports
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
- NONE LISTED -
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01052 Marshack v. Foster Garvey PC, as successor-in-interest to Fost
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
- NONE LISTED -
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
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
Adv#: 8:20-01059 Marshack v. Eisenhower Carlson PLLC
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
- NONE LISTED -
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01060 Marshack v. Gallo Builders, Inc.
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
- NONE LISTED -
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01069 Marshack v. Trackside Performance, LLC
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
NONE LISTED -
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
Defendant(s):
Trackside Performance, LLC Represented By Christopher L Blank
Plaintiff(s):
Richard A. Marshack Represented By Jack A. Reitman
Trustee(s):
Richard A Marshack (TR) Represented By
1:30 PM
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01027 Hesse v. Engelmann
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint To Determine Nondischargeability Of Debt
(Complaint filed 3/13/2020)
(First Amended Complaint filed 10/2/2020) [Adversary transferred from CB on 7/31/2020] (PTC set at S/C held 11/18/2020)
FR: 6-2-20; 9-29-20; 9-30-20; 11-18-20
Docket 20
NONE LISTED -
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
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
Hearing RE: Motion To Enforce Settlement Agreement (Motion filed 4/8/2021)
Docket 52
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.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
10:00 AM
Michael Simon Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis
Kathy Bazoian Phelps Timothy W Evanston
Defendant(s):
Suneet Singal Pro Se
First Capital Real Estate Pro Se
Stephen Howell Pro Se
Central Valley Gas Stations Atwater Pro Se
Plaintiff(s):
TD REO Fund, LLC Represented By Michael W Davis Corey R Weber
TD Opportunity Fund, LLC Represented By Michael W Davis Corey R Weber
10:00 AM
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;
(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 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
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
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
The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.
Appearances are excused.
************************************************************************************** Tentative for 8/08/19:
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
Defendant(s):
Suneet Singal Pro Se
First Capital Real Estate Pro Se
Stephen Howell Pro Se
Central Valley Gas Stations Atwater Pro Se
10:00 AM
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
Adv#: 8:20-01177 Gonzalez v. Murrietta et al
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
- NONE LISTED -
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
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
Adv#: 8:20-01177 Gonzalez v. Murrietta et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach of Warranty;
Negligence; And
Strict Liability
(Notice of Removal filed 12/21/20) FR: 3-4-21
Docket 1
- NONE LISTED -
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
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
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 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.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By
11:00 AM
David Wood Matthew Grimshaw Tinho Mang
Annie Y Stoops
M Douglas Flahaut Aram Ordubegian
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 8/19/2020)
(Amended Order Entered 8/20/2020) FR: 10-8-20; 1-7-21; 1-21-21; 3-11-21
Docket 9
- NONE LISTED -
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
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 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.
11:00 AM
Debtor(s):
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
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 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:
Claims Bar Date: July 30, 2021
Notice of Claims Bar Date: May 7, 2021
11:00 AM
Deadline to file Plan and Disclosure Statement: August 20, 2021
Deadline to file Avoidance Actions: October 29, 2021
Deadline to file Objections to Claims: September 30, 2021
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
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.
Debtor(s):
Jump Westminster, LLC Represented By Michael G York
11:00 AM
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 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
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.
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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
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.
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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
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.
Debtor(s):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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
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.
Debtor(s):
Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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
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.
Debtor(s):
Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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 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
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.
Debtor(s):
Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
Hearing RE: Motion For Extension Of Time To File Certain Chapter 11 Documents
(Motion filed 3/25/2021)
Docket 32
- NONE LISTED -
Debtor(s):
Michael Gargan Represented By Michael Jones
Trustee(s):
Robert Paul Goe (TR) Pro Se
11:00 AM
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 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.
11:00 AM
Debtor(s):
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
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 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.
Debtor(s):
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe Charity J Manee
11:00 AM
Movant(s):
James C Bastian Jr
Lindley Fire Protection Co., Inc. Represented By
Marc C Forsythe Charity J Manee James C Bastian Jr
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/10/2020)
FR: 9-3-20; 12-17-20; 2-4-21
Docket 8
- NONE LISTED -
Debtor(s):
TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman
11:00 AM
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
- NONE LISTED -
Debtor(s):
TNP Spring Gate Plaza, LLC a Represented By Leonard M Shulman
11:00 AM
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
- NONE LISTED -
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
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
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 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
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.
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
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
Adv#: 8:17-01235 Hausman Holdings, LLC et al v. Downs
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
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
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
1:30 PM
Adv#: 8:17-01235 Hausman Holdings, LLC et al v. Downs
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 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
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.
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
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
10:00 AM
Hrg. Reaffirmation Agreement Between Debtor and Navy Federal Credit Union, in the amount of $12,490.53
Re: 2017 Honda Accord
Docket 8
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
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.
Debtor(s):
Lori Lynn Cook Represented By Marc A Duxbury
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 3/12/21)
Re: 2017 Toyota Sienna EH
Docket 27
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
filings/information easily accessible during the hearing. Movant to lodge an order within seven (7) days.
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
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
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 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
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.
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
CONT Post-Confirmation Status Conference EH
From: 9/22/20,2/16/21
Docket 0
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
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.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter Everett L Green
1:30 PM
Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.
CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay
From: 11/4/20,12/16/20, 2/17/20, 3/2/21 EH
Docket 1
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.
Debtor(s):
Javier A Garcia Hernandez Represented By
1:30 PM
George C Panagiotou
Defendant(s):
Curacao, LTD A California Limited Pro Se Southwest Law Group PC Pro Se
Ramy Wasef Shoukry Pro Se
Joint Debtor(s):
Tatiana Ferrufino Represented By
George C Panagiotou
Plaintiff(s):
Tatiana Ferrufino Represented By
George C Panagiotou Stephan A Hoover
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:21-01022 Frealy v. US Metro Bank
STATUS CONFERENCE re: Complaint by Todd A. Frealy against US Metro Bank For: (A) Avoidance And Recovery Of Voidable And Fraudulent Transfers;
Objection To And Disallowance Of Claim; And (C) Accounting EH
Docket 1
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.
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
Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik Todd A Frealy
1:30 PM
Adv#: 6:20-01205 Anderson (TR) v. Valladares et al
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 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.
Debtor(s):
Wendy Valladares Represented By
Richard L. Sturdevant
1:30 PM
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
Adv#: 6:21-01024 Edessa, Inc., a California corporation v. Ramirez
STATUS CONFERENCE re: Complaint by Edessa, Inc., a California corporation against Ruby Ramirez
EH
Docket 1
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
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.
Debtor(s):
Ruby Ramirez Represented By Daniel King
1:30 PM
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
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
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 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.
Debtor(s):
Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan
10:00 AM
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
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 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.
10:00 AM
Debtor(s):
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
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
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 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
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.
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
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
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
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 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.
Debtor(s):
John Richard Garcia Represented By Raymond J Bulaon
11:00 AM
Trustee(s):
Weneta M.A. Kosmala (TR) Represented By Reem J Bello Jeffrey I Golden Erin P Moriarty
11:00 AM
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Automotive Funding Group, Inc. Represented By
Richard H Golubow
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
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 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
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.
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
11:00 AM
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 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
or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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
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
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 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
or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
Debtor(s):
Mershad Javan Represented By Leslie A Cohen
11:00 AM
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
Adv#: 8:21-01010 Gubersky v. Javan
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 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
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
or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
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
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally Laila Masud
11:00 AM
Adv#: 8:21-01010 Gubersky v. Javan
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 for 5/5/21:
Pursuant to the proposed tentative in related matter #7.1, the Court is inclined to set the following dates/deadlines:
Deadline to file answer: June 4, 2021.
Discovery cutoff: November 5, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: December 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
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
not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
Debtor(s):
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
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 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.
Debtor(s):
James A. Trent Represented By
11:00 AM
Movant(s):
Christine A Kingston
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
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.
Debtor(s):
Todd Stuart Masler Pro Se
11:00 AM
Trustee(s):
Weneta M.A. Kosmala (TR) Represented By Jeffrey I Golden Ryan W Beall
1:30 PM
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
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 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.
1:30 PM
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 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
1:30 PM
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
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;
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 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
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
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:
Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Appearances required.
1:30 PM
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy 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
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
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
NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
1:30 PM
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
Hearing RE: Application For Right To Attach Order And For Issuance Of Writ Of Attachment As To Ralph Kosmides
(Application filed 4/14/2021)
Docket 35
NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
1:30 PM
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
Hearing RE: Motion To Dismiss (Motion filed 3/18/2021)
Docket 165
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
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.
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
Movant(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
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
CONT'D RULE 16 STATUS CONFERENCE Hearing RE: Second Amended Complaint For:
Declaratory Judgment;
Quantum Meruit;
Violation Of The Automatic Stay, And Other Court Orders;
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 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
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.
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
1:30 PM
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
Adv#: 8:21-01010 Gubersky v. Javan
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
NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays
1:30 PM
David Brian Lally Laila Masud
1:30 PM
Adv#: 8:21-01010 Gubersky v. Javan
STATUS CONFERENCE RE: Adversary Complaint To Determine Dischargeability Of Debt
(Complaint filed 2/16/2021)
Docket 1
NONE LISTED -
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
1:30 PM
Adv#: 8:20-01179 Roberts v. Gehron Jr
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) FR: 3-24-21
Docket 1
Tentative for 5/5/21:
Pursuant to the proposed tentative in related matter #18, the Court is inclined to set the following dates/deadlines:
Deadline to file Amended Complaint: June 10, 2021.
Continued Status Conference: August 4, 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.
1:30 PM
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
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.
Debtor(s):
George J. Gehron Jr. Represented By Christopher C Barsness
Defendant(s):
George J Gehron Jr Pro Se
1:30 PM
Plaintiff(s):
Gregg Roberts Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
1:30 PM
Adv#: 8:20-01179 Roberts v. Gehron Jr
Hearing RE: First Amended Motion To Dismiss Adversary Complaint (Motion filed 3/15/2021)
(First Amended Motion filed 4/7/2021)
Docket 12
Tentative for 5/5/21 is to GRANT, and DISMISS without prejudice.
Plaintiff's complaint seeks a determination of dischargeability of debt arising from a state court judgment on the basis that the debt arose from "defalcation by one acting in a fiduciary capacity" pursuant to § 523(a)(4), and "willful and malicious injury" pursuant to § 523(a)(6).
Defendant has filed the present motion to dismiss, arguing that the complaint fails to allege sufficient facts pursuant to FRCP 12(b). Having reviewed the pleadings, the Court agrees.
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)(4), Plaintiff must allege facts supporting the following three elements: (1) existence of an express or technical trust; (2) that the debt was caused by fraud or defalcation; and (3) that Defendant was a fiduciary to the creditor at the time the debt was created. In re Niles, 106 F.3d 1456, 1459 (9th Cir. 1997).
1:30 PM
The fiduciary capacity referred to in §523(a)(4) does not include the "broad, general definition of fiduciary relationship -- a relationship involving competence, trust and good faith." Ragsdale v. Haller, 780 F.2d 794, 796 (9th Cir. 1986). Rather, the "concept of a fiduciary is to be narrowly defined." Id.
The complaint contains improper and conclusory statements that Defendant was a fiduciary, but fails to provide facts necessary for the Court to demonstrate the plausible existence of a trust, and whether the type of fiduciary relationship allegedly in existence between the parties is applicable to this cause of action.
Further, there are insufficient facts demonstrating that the debt was created by fraud or defalcation. Therefore, the complaint fails to properly allege sufficient facts to support the §523(a)(4) claim.
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).
To satisfy the willful injury requirement, Plaintiff must show either: Defendant had a subjective motive to inflict the injury or Defendant believed that injury was substantially certain to occur as a result of his conduct. Id.
A "malicious injury" under §523(a)(6) involves: a wrongful act; done intentionally; which necessarily causes injury; and is done without just cause or excuse. "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. In re Ormsby, 591 F.3d 1207 (9th Cir.
2010).
While the complaint contains conclusory statements of Defendant's willfulness and maliciousness, the complaint does not contain supporting factual allegations from which the Court may reasonably draw such a conclusion.
Therefore, the Court is inclined to GRANT the motion, and DISMISS the complaint without prejudice.
Virtual appearances are required. The courtroom will be locked; parties will
1:30 PM
not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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.
1:30 PM
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
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; 1-7-21
Docket 10
Tentative for 5/6/21:
This matter shall be CONTINUED to October 13, 2021, at 1:30 p.m. A status report is due 14 days in advance.
The Court notes that the status report filed 4/27/21 [Dk. 201] was filed 8 days in advance of the 5/6 hearing, despite the Court's direction to do so within 14 days of the hearing (see prior tentative below). The Court will excuse the non- compliance in this instance; however, future non-compliance may result in monetary or non-monetary sanctions.
Appearances for the 5/6 hearing are excused.
************************************************************************
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.
11:00 AM
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17)
FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18;
8-23-18; 1-31-19; 4-18-19; 8-15-19; 10-24-19; 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
Docket 6
NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization
(D.S. filed 6/4/2020)
(First Amended D.S filed 7/30/2020)
(Plan Confirmation hearing set at D.S. hearing held 7/16/2020) (First Amended Plan filed 7/30/2020)
FR: 7/16/20; 10-1-20; 11-5-20; 12-17-20; 1-21-21; 3-25-21
Docket 357
NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 5/18/17)
(Amended S/C Order Entered 6-9-17) (PE S/C set per hrg. held 6/25/2020)
FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18; 7-12-18; 9-20-18; 12-20-18; 4-18-19;
9-19-19; 2-6-20; 2-13-20; 1-30-20; 6-10-20; 6-25-20; 12-3-20
Docket 50
Tentative for 5/6/21:
This matter is CONTINUED to December 1, 2021 at 1:30 p.m. A status report is due 14 days in advance.
Appearances for the 5/6 hearing are excused.
****************************************************************************** Tentative for 12/3/20:
The Court is inclined to set a continued status conference date of May 6, 2021, at 11:00 a.m. A status report is due 14 days in advance.
Virtual appearances are required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
11:00 AM
Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis
Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
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; 2-18-21
Docket 9
Tentative for 5/6/21:
This matter is CONTINUED to November 3, 2021 at 1:30 p.m. A status report is due 14 days in advance.
The Court has reviewed the post-confirmation status report filed 5/4/21 [Dk. 309], and notes that it was filed only two days prior to the hearing, despite this Court's instructions to do so at least 14 days prior to the 5/6 hearing (see tentative below). The Court will excuse the non-compliance in this instance; however, future non-compliance may result is monetary or non-monetary sanctions.
Appearances for the 5/6 hearing are excused.
****************************************************************************** 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.
11:00 AM
******************************************************************************** Tentative for 9/24/20 is to CONTINUE to February 18, 2021, at 11:00 a.m. A status report, which complies with LBR 3020-1(b), is due 14 days in advance.
The Court has read and considered the Comments filed by Mr. Tilem on 9/11/20 [Dk. 304] and, in the event of a default by Debtor, invites the filing of whatever motion Mr. Tilem deems appropriate.
Appearances for the 9/24 hearing are excused.
***************************************************************************
Tentative for 6/25/20 is to CONTINUE to September 24, 2020 at 11:00 a.m. A status report, which complies with LBR 3020-1(b), is due 14 days in advance.
The status report filed 6/15/20 [Dk. 300] does not comply with the requirements set forth in LBR 3020-1. Specifically, the report does not include a schedule listing each debt and each class of claims, the total amounts to be paid under the plan and paid to date, and any deficiencies. Future non- compliance may result in non-monetary sanctions, including conversion or dismissal.
Appearances for the 6/25 hearing are excused.
*************************************************************************************** Tentative for 1/09/20:
This matter is CONTINUED to 04/16/20 at 11:00 a.m. A status report, which complies with LBR 3020-1, is due 14 days in advance.
The Court notes that the status report filed 1/2/20 [Dk. 293] did not comply with the requirements set forth in LBR 3020-1. Non-compliance is excused in this instance, but future compliance is required.
Appearances are excused.
****************************************************************************
11:00 AM
Tentative for 4/18/19:
The Court has received and reviewed the Declaration of Default and Request for Hearing Regarding Default Under the Plan filed by Debtor's attorney, David Tilem, on March 29, 2019 [Dk. 269]. As of the posting of this Tentative, no post-confirmation status report has been filed. The Court requires a briefing of the status of Debtor's performance for all post-confirmation requirements, not just payments to Debtor's counsel.
The Court is inclined to issue an Order to Show Cause why the case should not be converted to Chapter 7 for Debtor's failure to perform under the terms of the Plan ("OSC").
Debtor and its counsel should both appear at the hearing, brief the Court as to the status of Debtor's performance under the terms of the plan, and propose a hearing date and briefing schedule for the OSC.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem Kevin Tang
11:00 AM
CONT'D Hearing RE: Post-Confirmation Status Conference (Petition filed 11/6/2017)
[Case transferred from CB on 7/31/2020]
FR: 11-14-17; 1-24-18; 4-25-18; 7-25-18; 9-26-18; 12-12-18; 4-24-19; 10-23-19;
11-27-19; 1-22-20; 7-22-20; 9-23-20; 9-24-20; 10-22-20; 1-7-21; 2-18-21
Docket 1
Tentative for 5/6/21:
Virtual appearances required.
As of the posting of this tentative, no post-confirmation status report has been filed. Debtor has been personally warned by the Court on multiple prior occasions, including at the hearings on October 22, 2020, January 7, 2021, and February 18, 2021, that non-compliance with this rule would be grounds for dismissal or conversion. Additionally, the Court has previously issued orders to show cause and ordered Debtor to pay monetary sanctions for continued failure to comply with this rule.
In recognition that Debtor is pro se and has previously demonstrated significant progress on his plan, the Court has relaxed the post-confirmation reporting requirements and instructed Debtor to file anything before the status conferences evidencing continued compliance with the terms of his plan.
Disappointingly, nothing has been filed.
Accordingly, the Court has no choice but to consider whether it should CONVERT or DISMISS this case, and would like to hear from the US Trustee regarding whether conversion or dismissal of this case is most appropriate.
If this case is not dismissed, at the status conference, the Court will set a continued status conference date of September 29, 2021, at 1:30 p.m. A
11:00 AM
status report shall be due no later than 14 days prior to the continued status conference.
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.
Videoconference URL: https://cacb.zoomgov.com/j/1604821376 Meeting ID: 160 482 1376
Password: 998613
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:
Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666
Meeting ID: 160 482 1376
Password: 998613
For further details, please consult the 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.
11:00 AM
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
***************************************************************************** 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.
***************************************************************************** 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.
11:00 AM
*************************************************************************** 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.
Debtor(s):
Rodney Glen Bassett Pro Se
11:00 AM
Adv#: 8:20-01158 BMO Harris Bank N.A. v. Todero
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; 3-11-21
Docket 1
NONE LISTED -
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
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
Docket 185
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
Golden Capital Venture LLC Represented By Michael Simon
11:00 AM
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
CONT'D 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) FR: 5-5-21
Docket 86
Tentative for 5/6/21:
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/1604821376 Meeting ID: 160 482 1376
Password: 998613
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:
Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666
11:00 AM
Meeting ID: 160 482 1376
Password: 998613
For further details, please consult the 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.
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
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
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
9:30 AM
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
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
Docket 1
Debtor(s):
Huy Quang Dao Represented By Denise Ho
Defendant(s):
Huy Quang Dao Represented By Denise Ho
Kellie Ho Ta Represented By
Denise Ho
Joint Debtor(s):
Kellie Ho Ta Represented By
Denise Ho
Plaintiff(s):
Ho Jung Kim DDS, Inc. Represented By Michael E Sayer Denise Ho
9:30 AM
Trustee(s):
Weneta M Kosmala (TR) Pro Se
1:30 PM
Adv#: 8:19-01190 Murray v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)
(PTC set at S/C held 12/18/19)
FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21
Docket 1
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
10:00 AM
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Lease Trust vs. DEBTORS (Motion filed 4/16/21)
Re: 2018 Toyota Highlander EH
Docket 12
Tentative for 5/18/21:
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: 160 584 6719
Password: 059834
10:00 AM
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Harwinder Sambi Represented By Stephen A Madoni
Joint Debtor(s):
Harpret Sambi Represented By Stephen A Madoni
Movant(s):
Toyota Lease Trust, as serviced by Represented By
Austin P Nagel
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Ghidotti Berger LLP - movant attorney Motion for Relief from Stay
Consumer Portfolio Services, Inc. vs. DEBTORS (Motion filed 4/20/21)
Re: 2019 Kia Forte EH
Docket 13
Revised Tentative for 5/18/21:
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: 160 584 6719
Password: 059834
10:00 AM
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
David Jeffrey Bell Represented By Stephen D Brittain
Joint Debtor(s):
Lisa Michele Bell Represented By Stephen D Brittain
Movant(s):
CONSUMER PORTFOLIO Represented By
Erica T Loftis Pacheco
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
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 EH
Docket 70
NONE LISTED -
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $1,259.28; Expenses; 0]
[Weiland Golden & Goodrich, attorneys for trustee] [Fees; $4,580.19; Expenses; $44.70]
Docket 70
Tentative for 5/18/21 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: 160 496 9991
Password: 345014
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Alex I Choi Represented By
Paul Y Lee
Joint Debtor(s):
Jennie W Choi Represented By Paul Y Lee
Trustee(s):
Howard B Grobstein (TR) Represented By Reem J Bello
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Robert Whitmore; chapter 7 trustee] [Fees; $1805.63; Expenses; $331.42]
Docket 33
Tentative for 5/18/21 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: 160 496 9991
Password: 345014
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Julie Watson Represented By
Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Todd Frealy, chapter 7 trustee] [Fees; $6191.70; Expenses; $138.54]
Lewis Brisbois Bisgaard & Smith LLP, attorneys for trustee] [Fees; $14957.50; Expenses; $134.50]
[Donald T. Fife, accountant for trustee] [Fees; $1584.00; Expenses; $277.40]
Docket 38
Tentative for 5/18/21 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: 160 496 9991
Password: 345014
11:00 AM
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Wok Fired Holding, Inc Represented By Julie J Villalobos
Trustee(s):
Todd A. Frealy (TR) Represented By Amy L Goldman Maria L Garcia
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $4750.00; Expenses; $0]
[Grobstein Teeple, LLP, accountant for trustee] [Fees; $1622.00; Expenses; $19.20]
[Elkins Kalt Weintraub et al, attorneys for trustee] [Fees; $25000.00; Expenses; $183.62]
Docket 67
Tentative for 5/18/21 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: 160 496 9991
Password: 345014
11:00 AM
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Fernando Alfonso Perez Represented By Scott Talkov
Trustee(s):
Howard B Grobstein (TR) Represented By Roye Zur
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $1,250.00; Expenses; $0]
Docket 46
Tentative for 5/18/21 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: 160 496 9991
Password: 345014
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Laura Duran Represented By
Kevin Tang
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee) [Fees; $1,462.14; Expenses $0]
Docket 36
Tentative for 5/18/21 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: 160 496 9991
Password: 345014
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Veronica Rosas Represented By Summer M Shaw
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:20-01046 Murray et al v. Anderson
PRE-TRIAL CONFERENCE re: Complaint by Vernon E Murray, The Walnut Plaza Ltd against Aaron K Anderson - §523(a)(2)(A)
From 7/15/20, 10/21/20, (Advanced from 5/19/21) EH
Docket 1
NONE LISTED -
Debtor(s):
Aaron Kenneth Anderson Represented By Marjorie M Johnson
Defendant(s):
Aaron K Anderson Pro Se
Joint Debtor(s):
Jane Marie Anderson Represented By Marjorie M Johnson
Plaintiff(s):
Vernon E Murray Pro Se
The Walnut Plaza Ltd Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
1:30 PM
Adv#: 6:20-01109 ALL NATIONS REALTY ONTARIO v. Sanchez et al
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, 4/6/21 EH
Docket 1
NONE LISTED -
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
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
CONT. Hrg. on Plaintiff's Motion filed 3/5/21 for Default Judgment From: 4/6/21
EH
Docket 11
NONE LISTED -
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
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 727(a)(2)(A), 727(a)(3), 727(a)(5)
From: 9/2/20,11/4/20,1/19/21,4/27/21 EH
Docket 1
NONE LISTED -
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
Adv#: 6:21-01034 Daff (TR) v. Morales, individually et al
EH
Docket 1
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.
Debtor(s):
Raul A Morales Pro Se
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
1:30 PM
Trustee(s):
Charles W Daff (TR) Represented By
D Edward Hays Tinho Mang Chad V Haes
1:30 PM
Hrg. on Motion For Approval Of Compromise Of Controversy Between Trustee And Us Metro Bank Pursuant To Rule 9019 Of The Federal Rules Of Bankruptcy Procedure
EH
Docket 443
Tentative for 5/18/21:
The Court is inclined to GRANT the motion, for the reasons more fully explained below.
Bankruptcy courts have "great latitude" in authorizing a compromise, and may approve a proposal that is "fair and equitable" to the creditors. In re Mickey Thompson Entm't Grp., Inc., 292 B.R. 415, 420 (B.A.P. 9th Cir. 2003).
In evaluating a compromise motion, the court must consider the following: (1) the moving party’s probability of success in the litigation; (2) the difficulties, if any, of collection; (3) the complexity of the litigation involved, and the expense, inconvenience, and delay necessarily attending it; and (4) the paramount interest of the creditors and a proper deference to their reasonable views in the premises. In re A & C Properties, 784 F.2d 1377, 1381 (9th Cir.
1986).
Here, the Trustee seeks approval of a compromise between Trustee and Metro Bank, which settles ongoing litigation between the estate and this secured creditor.
While Trustee asserts that it would prevail on the merits of the relevant appeals and adversary proceeding, the outcome of the litigation is uncertain. Further, the Court notes that continued litigation would necessarily inconvenience the estate, causing the estate to incur significant expenses
1:30 PM
while delaying the administration of the estate, all of which are detrimental to creditors.
Having determined that the balance of the foregoing factors weighs in favor of approval of the compromise, which eliminates the risks and costs associated with continued litigation, the Court is inclined to GRANT the motion.
Further, the Court has reviewed the arguments contained in the Opposition filed 5/4/21 [Dk. 450], many of which appear to be resolved by the Reply filed 5/11/21 [Dk. 451]. As to the remaining arguments, the Court finds them unpersuasive.
Mr. Clymer asserts that the compromise between the Trustee and Metro Bank is premature because the terms of the prior settlement executed by the Trustee and Mr. Clymer, among other parties, ("Clymer Settlement") and approved by this Court require the Trustee to sell the Magnolia Property before resolving any pending litigation with Metro Bank. The Court has reviewed the Clymer Settlement, and disagrees. A plain reading of the Clymer Settlement demonstrates that the "conditions" referenced in the agreement and highlighted in the Opposition are more appropriately described as factual circumstances. The relevant language doesn’t conclusively require a sale to occur first (or at all); however, it does provide decision trees predicated upon the sale of the Magnolia Property.
The Clymer Settlement does not contain any express requirement that the Magnolia Property be sold. Instead, it clearly provides that Trustee has "all powers, and decision making authority regarding the sale of the [Magnolia Property]." Thus, how could a sale be a pre-requisite for future acts by the Trustee? Such an interpretation would impose a limitation on the Trustee’s express powers with respect to the sale of the property, in direct conflict with the express terms of the agreement. Therefore, based on a plain reading of the Clymer Settlement, Mr. Clymer’s argument that this compromise is premature appears unsupported.
Additionally, Mr. Clymer argues that the Trustee has failed to demonstrate that the Trustee sought to use his "best efforts" to negotiate a resolution with Metro Bank which also releases Mr. Clymer from his personal guaranty, as
1:30 PM
required by the Clymer Settlement. The Court finds that the Trustee has submitted sufficient evidence to demonstrate that the Trustee used his best efforts in the negotiations, thereby satisfying his obligations under the Clymer Settlement and rendering Mr. Clymer’s argument unsupported.
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.
Videoconference URL: https://cacb.zoomgov.com/j/1616601413 Meeting ID: 161 660 1413
Password: 187056
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:
Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666
Meeting ID: 161 660 1413
Password: 187056
For further details, please consult the 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
1:30 PM
hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik Todd A Frealy
1:30 PM
Hrg. on Chapter 11 Trustees Motion For Order: (A) Authorizing Sale Of Assets Of The Debtors Bankruptcy Estate, Free And Clear Of Liens, Claims And Encumbrances; And (B) Approving Overbid Procedures
EH
Docket 445
Tentative for 5/18/21 is to GRANT, and allow Trustee to conduct an auction (if applicable).
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.
Videoconference URL: https://cacb.zoomgov.com/j/1616601413 Meeting ID: 161 660 1413
Password: 187056
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:
Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666
1:30 PM
Meeting ID: 161 660 1413
Password: 187056
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
Adv#: 6:20-01046 Murray et al v. Anderson
PRE-TRIAL CONFERENCE re: Complaint by Vernon E Murray, The Walnut Plaza Ltd against Aaron K Anderson - §523(a)(2)(A)
From 7/15/20, 10/21/20 EH
Docket 1
NONE LISTED -
Debtor(s):
Aaron Kenneth Anderson Represented By Marjorie M Johnson
Defendant(s):
Aaron K Anderson Pro Se
Joint Debtor(s):
Jane Marie Anderson Represented By Marjorie M Johnson
Plaintiff(s):
Vernon E Murray Pro Se
The Walnut Plaza Ltd Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc.
[ES CASE]
[RE: 20 Nissan Altima - $25,567.70] [VIN No: 1N4BL4CVXLN310068]
Docket 19
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
9:30 AM
Meeting ID: 161 105 0267
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.
Debtor(s):
Anthony Allen Bitar Represented By Julie J Villalobos
Trustee(s):
Weneta M.A. Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And JPMorgan Chase Bank, N.A
(Motion filed 3/30/2021)
[RE: 2018 Ford Mustang - Amount: $28,735.85] [VIN No.: 1FA6P8TH7J5172512]
Docket 10
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
9:30 AM
Meeting ID: 161 105 0267
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.
Debtor(s):
Marsha Staring Represented By Jacqueline D Serrao
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union
[ES CASE]
[RE: 2019 Chrysler 300 - Amount: $30,987.02] [VIN No: 2C3CCARG1KH556458]
Docket 9
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
9:30 AM
Meeting ID: 161 105 0267
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.
Debtor(s):
John Muller Represented By
Bert Briones
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor and VW Credit, Inc
[ES CASE]
[RE: 2018 Audi Q5 - $28,164.47] [VIN No: WA1BNAFY7J2006083]
Docket 11
NONE LISTED -
Debtor(s):
Jennyfer Sickler Represented By Julie J Villalobos
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
[RE: FURNITURE - $799.12]
Docket 8
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
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.
Debtor(s):
Sarai Villegas Ortizosorio Represented By Marlin Branstetter
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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
Debtor(s):
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
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
- NONE LISTED -
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
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
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
Participants may connect to the videoconference through an Internet browser 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.
10:00 AM
Debtor(s):
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
Hearing RE: Motion Objecting To Proof Of Claim:
Claim No. 6-1 Jirair Kiladjian $(No amount listed) (Motion filed 4/15/2021)
Docket 214
- NONE LISTED -
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
Hearing RE: Motion To Convert Bankruptcy To Chapter 11 (Motion filed 4/22/2021)
Docket 78
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
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.
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
Adv#: 8:20-01015 Petersen v. Romero
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 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
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.
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
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
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 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
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.
Debtor(s):
Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
CONT'D 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 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
Appearances for the 3/24 hearing are excused.
***************************************************************************** Tentative for 12/3/20:
Virtual appearances are required.
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
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 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
****************************************************************************** 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.
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
Adv#: 8:20-01118 Marshack v. Discover Financial
Hearing RE: Motion For Default Judgment Against Defendant Discover Financial
(Motion filed 4/21/2021)
Docket 15
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.
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
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
Adv#: 8:20-01118 Marshack v. Discover Financial
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020) FR: 11-4-20; 1-20-21; 4-28-21
Docket 1
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
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.
Debtor(s):
Ian G. Winterbotham Represented By Michael D Franco
1:30 PM
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
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
CONT'D Hearing RE: Motion For Summary Judgment (Motion filed 4/29/2020)
FR: 6-10-20; 7-1-20; 9-30-20; 11-4-20; 2-3-21
Docket 22
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
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.
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
Misty A Perry Isaacson
1:30 PM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt
[11 U.S.C. Section 523(a)(4)]
(Complaint filed 6/4/19)
FR: 9-5-19; 9-12-19; 12-19-19; 3-11-20; 6-10-20 at 10:00; 6-10-20; 7-1-20;
9-30-20; 11-4-20; 2-3-21
Docket 1
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
***************************************************************************** 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.
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
Defendant(s):
Wallace Raymond Steffen Jr. Represented By
1:30 PM
Anerio V Altman
Plaintiff(s):
Linda Steffen Represented By Christopher J Langley
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
1:30 PM
Adv#: 8:19-01190 Murray v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)
(PTC set at S/C held 12/18/19)
FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21; 5-12-21
Docket 1
- NONE LISTED -
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen Fritz J Firman
Defendant(s):
Charles S Zahedi Represented By Fritz J Firman
Plaintiff(s):
Patricia Murray Represented By Thomas J Eastmond Robert P Goe Charity J Manee
1:30 PM
Trustee(s):
Richard A Marshack (TR) Pro Se
1:30 PM
Adv#: 8:20-01015 Petersen v. Romero
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
- NONE LISTED -
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
Adv#: 8:20-01070 Crowley v. Pollei
STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Sections 523(a)(2)(A) And 523(a)(6) (Complaint filed 5/1/2020)
(First Amended Complaint filed 7/15/2020) FR: 8-5-20
Docket 14
- NONE LISTED -
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
Trustee(s):
Weneta M Kosmala (TR) Pro Se
1:30 PM
Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.
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
- NONE LISTED -
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
Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Breach Of Contract;
Reformation For Unilateral Mistake;
Reformation For Fraud;
Unconscionability; and
Breach Of Duty Of Good Faith And Fair Dealing (Complaint filed 6/16/2020)
(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
- NONE LISTED -
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
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
Adv#: 8:20-01071 Marshack v. Vincent Builders, Inc.
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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By Jack A. Reitman D Edward Hays David Wood
Judith E Marshack John P. Reitman Meghan C Murphey
1:30 PM
Adv#: 8:21-01012 Jones v. Navient Corporation et al
STATUS CONFERENCE Hearing RE: First Amended Complaint:
To Determine The Dischargeability Of Student Loan Debt As Undue Hardship; And
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
NONE LISTED -
Debtor(s):
Sherry Lee Jones Represented By
J Scott Williams
Defendant(s):
Educational Credit Management Represented By
Scott A Schiff
Educational Credit Management Represented By
Scott A Schiff
United States Department of Pro Se
Navient Corporation Represented By Dennis C. Winters
Pennsylvania Higher Education Pro Se
Nelnet Inc. Pro Se
1:30 PM
Loma Linda University Pro Se
Plaintiff(s):
Sherry Lee Jones Represented By
J Scott Williams
Trustee(s):
Thomas H Casey (TR) Pro Se
1:30 PM
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
Hearing RE: Motion For Recusal Of Presiding Judge In Adversary Proceeding (Motion filed 4/27/2021)
Docket 53
NONE LISTED -
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
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
1:30 PM
Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.
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 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
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.
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
Plaintiff(s):
Karen S. Naylor Represented By Marc C Forsythe
Trustee(s):
Karen S Naylor (TR) Represented By Marc C Forsythe
1:30 PM
Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.
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)
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 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:
Discovery cutoff: November 5, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
1:30 PM
Motion cutoff: December 3, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
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.
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
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 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
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.
Debtor(s):
Simon's Wholesale Bakery, Inc. Represented By Michael Jones Sara Tidd
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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
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
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
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
Arnold H. Wuhrman
11:00 AM
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
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference
(Petition filed 5/7/2020)
FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB); 7-16-20; 10-8-20;
12-17-20; 2-18-21
Docket 1
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 3/24/2021)
Docket 5
Debtor(s):
Tupelo Wood LLC Represented By Randolph L Neel
11:00 AM
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):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
10:00 AM
Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada
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
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
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 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
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.
Debtor(s):
Javier Diaz Hernandez Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Narvell L Henry Jr Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
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 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
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
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.
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
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 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
Whether the relief will result in a partial or complete resolution of the issues;
The lack of any connection with or interference with the bankruptcy court;
Whether the foreign proceeding involves the debtor as a fiduciary;
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;
Whether the debtor's insurance carrier has assumed full financial responsibility for defending the litigation;
Whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the goods or proceeds in question;
Whether the litigation in another forum would prejudice the interests of other creditors, the creditors' committee and other interested parties;
Whether the judgment claim arising from the foreign action is subject to equitable subordination under Section 510(c);
Whether movant's success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f);
The interests of judicial economy and the expeditious and economical determination of litigation for the parties;
Whether the foreign proceedings have progress to the point where the parties are prepared for trial, and
The impact of the stay on the parties and the "balance of hurt."
Id. at 559.
10:00 AM
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.
Videoconference URL: https://cacb.zoomgov.com/j/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
from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
Motion filed 5/7/21 for Joint Administration of In re Maria Morales, Case No. 6:21-bk-12041-SY
EH
Docket 56
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
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
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.
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
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
Debtor(s):
Maria Eugenia Morales Represented By Scott Talkov
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
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 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.
Debtor(s):
City of San Bernardino, California Represented By
1:30 PM
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
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 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.
Debtor(s):
City of San Bernardino, California Represented By
1:30 PM
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Adv#: 6:21-01013 PRINGLE v. Williams et al
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 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.
1:30 PM
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
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
Adv#: 6:21-01006 Bui v. Color Ad, Inc., a California Corporation
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 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.
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
Trustee(s):
Lynda T. Bui (TR) Represented By James C Bastian Jr Rika Kido
1:30 PM
Adv#: 6:19-01176 Sekermestrovich v. Paiva
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
- NONE LISTED -
Debtor(s):
Gregory Allen Paiva Represented By Christian J Albut
Defendant(s):
Gregory Allen Paiva Pro Se
Plaintiff(s):
Dennis Sekermestrovich Represented By John A Boyd
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:20-01010 Salvador v. United States Department of Justice et al
CONT STATUS CONFERENCE re: Complaint by John Paul Salvador against United States Department of Justice - §§523(a)(1),(14),(14A)
(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 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.
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
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
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 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
The 12/15 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Hrg. on Order to Show Cause why case should not be dismissed or converted EH
Docket 218
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
CONT. Hrg. on Chapter 11 Status Conference From: 8/18/20,1/19/21, 3/2/21
EH
Docket 7
- NONE LISTED -
Debtor(s):
Pimlico Ranch, LLC Represented By Robert M Yaspan
1:30 PM
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 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.
Debtor(s):
Camp Croteau, Inc. Represented By
1:30 PM
Trustee(s):
Todd L Turoci
Caroline Renee Djang (TR) Pro Se
1:30 PM
CONT Hrg. on chapter 11 status conference EH
From: 9/1/20, 10/6/20,1/19/21, 3/2/21
Docket 11
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
conference.
Virtual appearances are required.
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
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 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
Debtor(s):
Hussein Salah Suheimat Represented By Michael A Cisneros
Joint Debtor(s):
Lucy Emmanuel Shirajian Represented By Michael A Cisneros
Trustee(s):
Karen S Naylor (TR) Represented By Arturo M Cisneros Nathan F Smith
10:00 AM
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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,
Authorizing The Sale Of The Property At Auction (Motion filed 4/26/2021)
FR: 5-19-21
Docket 1084
- NONE LISTED -
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
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 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.
11:00 AM
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
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 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.
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
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally Laila Masud
11:00 AM
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 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.
Debtor(s):
Mershad Javan Represented By Leslie A Cohen
Movant(s):
Mershad Javan Represented By Leslie A Cohen Leslie A Cohen
11:00 AM
Trustee(s):
Leslie A Cohen Leslie A Cohen
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally Laila Masud
11:00 AM
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 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.
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
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 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
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.
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
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 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
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.
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
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 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
The 1/20 hearing is hereby vacated, and will not be held; therefore, no appearances are permitted.
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
Adv#: 8:21-01010 Gubersky v. Javan
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 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
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.
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.
Debtor(s):
Mershad Javan Represented By Leslie A Cohen
11:00 AM
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
Adv#: 8:21-01010 Gubersky v. Javan
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 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:
Deadline to file answer: June 4, 2021.
Discovery cutoff: November 5, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: December 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: February 2, 2022, at 11:00 a.m.
11:00 AM
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.
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
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 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.
Debtor(s):
James A. Trent Represented By Christine A Kingston
11:00 AM
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
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 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.
11:00 AM
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
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 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
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.
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
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Consolidated Complaint:
Declaratory Relief/Dischargeability Of Debt;
Violation Of Automatic Stay/Discharge Injunction
Excessive Fines - Eighth Amendment
Excessive Fines - Art 1 Sect 17
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
- NONE LISTED -
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
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
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
Adv#: 8:20-01095 Lenore LuAnn Albert-Sheridan v. Farfan et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
Violation Of Automatic Stay/Discharge Injunction;
11 USC Section 525(a) Violation (Complaint filed 6/4/2020)
FR: 9-2-20; 10-21-20; 1-20-21; 4-7-21
Docket 1
- NONE LISTED -
Debtor(s):
Lenore LuAnn Albert-Sheridan Pro Se
Defendant(s):
Maricruz Farfan Represented By Suzanne C Grandt James J Chang
Timothy Byer, Esq Represented By Suzanne C Grandt James J Chang
State Bar Of California Represented By Suzanne C Grandt James J Chang
Nira Woods Pro Se
11:00 AM
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
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
Hearing RE: State Bar Defendants' Motion To Dismiss First Amended Complaint
(Motion filed 5/12/2021)
Docket 115
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
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.
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
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
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
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
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 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
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.
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
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
1:30 PM
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Consolidated Complaint:
Declaratory Relief/Dischargeability Of Debt;
Violation Of Automatic Stay/Discharge Injunction
Excessive Fines - Eighth Amendment
Excessive Fines - Art 1 Sect 17
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 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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
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
Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.
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 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.
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
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
Adv#: 8:20-01164 Karen S. Naylor v. Corner Escrow, Inc.
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 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
will not be required.
Appearances for the 2/17 hearing are excused.
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
Adv#: 8:19-01186 Marshack v. Avenatti et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Voidable Transfers; Preference; Declaratory Relief; Turnover; Preliminary And Permanent Injunction; Breach Of Fiduciary Duty; Disallowance Of Proofs Of Claim; Equitable Subordination
(Complaint filed 9/16/2019)
(Adversary case transferred from CB on 7/31/2020)
(S/C advanced from 9-29-20 per Order Entered 8/7/2020)
FR: 12-2-19; 2-25-20; 3-31-20; 6-2-20; 9-23-20; 11-18-20
Docket 1
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
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.
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
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty;
Aiding And Abetting Breach Of Fiduciary Duty;
Avoidance Of Actual Fraudulent Transfers Under 11 U.S.C. Section 548(a) (1)(A);
Avoidance Of Constructive Fraudulent Transfers (Complaint filed 3/11/2021)
Docket 1
- NONE LISTED -
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
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
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)
FR: 4-4-19; 9-19-19; 12-19-19; 3-5-20; 5-28-20; 7-2-20; 8-20-20; 10-22-20;
2-18-21
Docket 1
- NONE LISTED -
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps
10:00 AM
Timothy W Evanston
Defendant(s):
Luxury Asset Lending, LLC Represented By Richard Bunt
David Moore Pro Se
Jackman Industries, Inc. Represented By Thomas M Monson
Plaintiff(s):
Luxury Asset Purchasing Represented By Kyra E Andrassy
11:00 AM
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gary Song Jiunn Mor Represented By Andy C Warshaw
Arnold H. Wuhrman
11:00 AM
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 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
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:
Deadline to file amended D.S.: 2/26/21
Deadline to serve Solicitation Package: 3/12/21
Deadline to vote: 4/15/21
Deadline to file and serve objection to the plan: 4/15/21
11:00 AM
Deadline to file ballot summary and confirmation brief: 4/29/21
Confirmation hearing: May 20, 2021, at 11:00 a.m.
Virtual appearances are required.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference
(Petition filed 5/7/2020)
FR: 5-13-20; 5-27-20; 6-3-20; 7-1-20; 7-14-20 (CB); 7-16-20; 10-8-20;
12-17-20; 2-18-21; 5-20-21
Docket 5
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
audio of the hearing may be 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
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:
Claims Bar Date: 8/15/20
Deadline for filing Claim Objections: 12/31/20
Deadline to file Plan and Disclosure Statement: 9/4/20
Virtual appearances are required.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 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
- NONE LISTED -
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
Hearing RE: Motion Of Washington Prime Group, Inc.To Compel Immediate Payment Of Post Petition Rent
Motion filed 4/28/2021)
Docket 54
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Jump Westminster, LLC Represented By Michael G York
11:00 AM
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 for 6/3/21:
The Court is inclined to adopt the Debtor in Possession's proposed dates and deadlines as follows:
Claims Bar Date: September 24, 2021
Notice of Claims Bar Date: June 11, 2021
Deadline to file Plan and Disclosure Statement: July 19, 2021
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
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.
Debtor(s):
Tupelo Wood LLC Represented By Randolph L Neel
11:00 AM
STATUS CONFERENCE Hearing RE: Setting Conference On Status Of Subchapter V Case; (2) Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case; (3) Requiring Subchapter V Trustee To Appear At Status Conference; (4) Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And (5) Setting Date For 11 U.S.C.
Section 1111(b) Election (Petition filed 4/8/2021)
(Set per Order Entered 4/9/2021)
Docket 0
Tentative for 6/3/21:
The Court is inclined to set the following dates/deadlines:
Deadline to file Plan – July 7, 2021 (statutory deadline)
Deadline to serve Plan – July 16, 2021
Ballots Due – August 18, 2021
Confirmation Brief Due – September 1, 2021
Oppositions to Confirmation Brief due – September 15, 2021
Replies due – September 22, 2021
Confirmation Hearing & Continued Status Conference – September
11:00 AM
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
https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Simon's Wholesale Bakery, Inc. Represented By Michael Jones
Trustee(s):
Mark M Sharf (TR) Pro Se
10:00 AM
Adv#: 8:20-01043 Action Mobile Homes, Inc. v. Navarro Estrada
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
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
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 557
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.
10:00 AM
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung John P Pringle
10:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 113
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.
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
10:00 AM
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
10:00 AM
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
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.
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
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
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 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
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Adv#: 6:21-01044 Build Group Construction Company v. Goldenberg et al
EH
Docket 1
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
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
Hearing RE: Motion For Reconsideration Pursuant To FRCP 60(b) (Motion filed 5/25/2021)
Docket 92
- NONE LISTED -
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
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
Hearing RE: Motion To Coordinate, Consolidate And/Or Reassign Cases (Motion filed 5/11/2021)
Docket 111
- NONE LISTED -
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
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
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
Adv#: 8:20-01035 Marshack v. American Express et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, And Fraudulent Transfers
FR: 6-10-20; 7-15-20; 8-19-20; 10-7-20; 12-2-20; 1-20-21; 3-10-21; 3-10-21;
4-28-21
Docket 1
- NONE LISTED -
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
Trustee(s):
Judith E Marshack David Wood
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
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 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
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.
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
Trustee(s):
D Edward Hays Tinho Mang
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
Adv#: 8:19-01176 Golden v. Caufield et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint for Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And
Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)
(Another Summons issued 9/10/19) (PTC set at S/C held 12/4/19)
FR: 11-19-19; 5-27-20; 8-5-20; 11-4-20; 1-20-21; 4-28-21
Docket 20
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:
Motion in Limine Deadline – September 1, 2021
Hearing on Motions in Limine – September 29, 2021, 1:30 p.m.
Deadline to Submit Trial Briefs, Exhibits, and Witness Lists – 14 days prior to trial
Deadline to Submit Declaration Testimony – 21 days prior to trial
11:00 AM
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.
Videoconference URL: https://cacb.zoomgov.com/j/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
"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:
Discovery cutoff: March 4, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
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.
Debtor(s):
Tim M McKenna Represented By Michael G Spector
Defendant(s):
Jason Caufield Represented By Tyler H Brown
Plaintiff(s):
Jeffrey I. Golden Represented By Reem J Bello Ryan W Beall
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
11:00 AM
Hearing RE: Motion To Approve Compromise With Glen Oaks Escrow, Inc. (Motion filed 5/18/2021)
Docket 58
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.
Debtor(s):
Homestead Escrow, Inc. Represented By Marc C Forsythe
11:00 AM
Movant(s):
Karen S Naylor (TR) Represented By Marc C Forsythe
Trustee(s):
Karen S Naylor (TR) Represented By Marc C Forsythe
11:00 AM
Adv#: 8:21-01007 Karen S. Naylor v. Glen Oaks Escrow, Inc.
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 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
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.
Debtor(s):
Homestead Escrow, Inc. Represented By Marc C Forsythe
11:00 AM
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
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
- NONE LISTED -
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
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 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
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.
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
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,
Authorizing The Sale Of The Property At Auction (Motion filed 4/26/2021)
FR: 5-19-21; 6-2-21
Docket 1084
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.
11:00 AM
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
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
- NONE LISTED -
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
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 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:
Deadline to serve plan docs, including ballot – June 25, 2021
Ballot return – July 23, 2021, at 5:00 p.m.
Objections to confirmation – July 23, 2021
Confirmation brief and ballot summary – August 4, 2021
Reply to confirmation brief – August 11, 2021
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
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.
Debtor(s):
WJA Asset Management LLC Represented By
1:30 PM
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
1:30 PM
Adv#: 8:20-01033 Marshack v. 27 Diamonds
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;
Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)
(PTC set at S/C held 7/15/2020)
FR: 6-10-20; 7-15-20; 8-19-20; 12-2-20; 2-3-21; 4-7-21
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
27 Diamonds Represented By
Andrew Edward Smyth
Plaintiff(s):
Richard A Marshack Represented By Judith E Marshack
1:30 PM
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
STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan;
And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 4/30/2021)
(Order Entered 5-6-2021)
Docket 12
Tentative for 6/16/21:
The Court is inclined to set the following dates/deadlines:
Deadline to file Plan – July 29, 2021 (statutory deadline)
Deadline to serve Plan – August 12, 2021
Ballots Due – September 16, 2021
Confirmation Brief Due – September 29, 2021
Oppositions to Confirmation Brief due – October 6, 2021
Replies due – October 13, 2021
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Alexander L Loukaides Represented By Andy C Warshaw
Arnold H. Wuhrman
Trustee(s):
Robert Paul Goe (TR) Pro Se
1:30 PM
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
STATUS CONFERENCE Hearing RE: Compliance With The Mediation Order (Set per Order Entered 4-1-2021)
Docket 178
- NONE LISTED -
Debtor(s):
Eagan Avenatti, LLP Represented By Jack A. Reitman
Defendant(s):
The X-Law Group, PC, a Represented By Kurt Ramlo
Filippo Marchino
Filippo Marchino Represented By Kurt Ramlo
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
Trustee(s):
John P. Reitman D Edward Hays Richard L Kellner Tinho Mang
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
Adv#: 8:20-01086 Marshack v. The X-Law Group, PC, a professional corporation et
CONT'D RULE 16 STATUS CONFERENCE Hearing RE: Second Amended Complaint For:
Declaratory Judgment;
Quantum Meruit;
Violation Of The Automatic Stay, And Other Court Orders;
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 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
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
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 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
Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Breach Of Fiduciary Duty;
Aiding And Abetting Breach Of Fiduciary Duty;
Avoidance Of Actual Fraudulent Transfers Under 11 U.S.C. Section 548(a) (1)(A);
Avoidance Of Constructive Fraudulent Transfers Under 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Fraudulent Transfers Under 11 U.S.C. Sections 550 And 551;
Avoidance And Recovery Of Actually Fraudulent Transfers Under 11 U.S.C. Section 544 And Cal. Civ. Code Section 3439.04;
Avoidance And Recovery Of Constructively Fraudulent Transfers Under 11
U.S.C. Section 544 And Cal. Civ. Code Section 3439.05
Recovery Of Illegal Dividends Under Cal. Corp. Code Sections 500, 501 And 506;
Equitable Subordination Of Claims Under 11 U.S.C. Section 510(c);
Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(A);
Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(C);
Breach Of Contract;
Money Lent;
Open Book Account;
Violation Of Cal. Penal Code Section 496(c);
Accounting;
Constructive Trust; And
Misappropriation Of Trade Secrets (Complaint filed 3/11/2021)
(First Amended Complaint filed 4/29/2021)
FR: 6-2-21
Docket 1
1:30 PM
- NONE LISTED -
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 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
Tinho Mang
10:00 AM
Adv#: 8:16-01229 Ruiz et al v. Favreau
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)
FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17; 12-14-17; 1-11-18; 5-3-18; 10-18-18;
10-25-18; 4-18-19; 12-19-19; 5-14-20; 12-3-20
Docket 16
- NONE LISTED -
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
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
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 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
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.
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon
11:00 AM
Movant(s):
Timothy W Evanston
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
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 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
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.
11:00 AM
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
11:00 AM
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 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
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.
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
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
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
- NONE LISTED -
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
CONT'D STATUS CONFERENCE RE: Scheduling And Case Management Conference
(Petition filed 9/21/2020) FR: 11-5-20; 2-18-21
Docket 93
- NONE LISTED -
Debtor(s):
Golden Hotel LLC Represented By
Lei Lei Wang Ekvall Michael Simon Timothy W Evanston
11:00 AM
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 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.
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
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 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.
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
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 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.
Debtor(s):
Jump Westminster, LLC Represented By Michael G York
11:00 AM
10:00 AM
Adv#: 8:20-01015 Petersen v. Romero
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
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Charles 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
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 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.
10:00 AM
Debtor(s):
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
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 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.
10:00 AM
Debtor(s):
Michael Cadovec Represented By Scott Talkov
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.
CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay
From: 11/4/20,12/16/20, 2/17/20, 3/2/21,5/4/21 EH
Docket 1
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
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.
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
Adv#: 6:21-01024 Edessa, Inc., a California corporation v. Ramirez
CONT. STATUS CONFERENCE re: Complaint by Edessa, Inc., a California corporation against Ruby Ramirez
From: 5/4/21 EH
Docket 1
- NONE LISTED -
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
Adv#: 6:21-01050 Whitmore v. Hernandez
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
- NONE LISTED -
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
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 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.
Debtor(s):
James E Washington Represented By
11:00 AM
Julie J Villalobos
Joint Debtor(s):
Jawana C Washington Represented By Julie J Villalobos
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 6/17/21 to Dismiss or to Convert to Chapter 11 EH
Docket 64
- NONE LISTED -
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
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 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
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
Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
Adv#: 6:21-01005 Bui v. Barrette Outdoor Living Inc., an Ohio Corporation
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
- NONE LISTED -
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
James C Bastian Jr Rika Kido
1:30 PM
Adv#: 6:20-01203 D'Aquila et al v. Thompson
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
- NONE LISTED -
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
Adv#: 6:20-01204 Wallace v. Thompson
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
- NONE LISTED -
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
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
- NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
1:30 PM
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
- NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
1:30 PM
Adv#: 8:21-01012 Jones v. Navient Corporation et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint:
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 for 6/30/21:
Virtual appearances are required.
The Court is inclined to set the following dates and deadlines:
Discovery cutoff: October 29, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: December 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
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
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
https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
Adv#: 8:20-01139 Kiladjian v. Kiladjian
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
- NONE LISTED -
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
Trustee(s):
Mark M Sharf (TR) Represented By Arturo M Cisneros Nathan F Smith
1:30 PM
Adv#: 8:20-01139 Kiladjian v. Kiladjian
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
- NONE LISTED -
Debtor(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Defendant(s):
Vasken K Kiladjian Represented By Kelly H. Zinser
Plaintiff(s):
Beth Kiladjian Represented By Robert P Goe Charity J Manee
Trustee(s):
Mark M Sharf (TR) Represented By Arturo M Cisneros
1:30 PM
Nathan F Smith
1:30 PM
Hearing RE: Motion To Sell Real Property Pursuant To 11 U.S.C. Section 363
Docket 132
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:
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)
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
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.
The Motion does not provide any marketing information, which is necessary for the Court to determine reasonableness of value.
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.
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.
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.
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
Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
"screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Movant(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
1:30 PM
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);
Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief; And
Usury
(Complaint filed 3/20/19)
(Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19) (PTC set at S/C held 11/6/19)
(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
- NONE LISTED -
1:30 PM
Debtor(s):
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
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 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.
1:30 PM
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
CONT'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 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.
Debtor(s):
Thompson National Properties, LLC Represented By
11:00 AM
Leonard M Shulman
11:00 AM
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,
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 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
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.
11:00 AM
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
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 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
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.
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
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 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.
Debtor(s):
Jump Westminster, LLC Represented By Michael G York
Movant(s):
Washington Prime Group Inc. Represented By Kenneth Hennesay
11:00 AM
Ronald E Gold
11:00 AM
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 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.
Debtor(s):
Jump Westminster, LLC Represented By Michael G York
Movant(s):
Washington Prime Group Inc. Represented By Kenneth Hennesay
11:00 AM
Ronald E Gold
10:00 AM
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
Hearing RE: Plaintiff's Ex Parte Motion To Amend Expert Designation (Motion filed 4/8/2021)
Docket 50
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
omission, the Court finds that the neglect was excusable, and is inclined to GRANT the motion to amend.
Appearances are required in Courtroom 5C.
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
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
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 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:
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
[Dk. 40]; however, it was due on 9/9/20.
The pretrial stipulation at §5, pg. 6:6-7, states that Defendant Kellie Ho Ta intends to file a motion to dismiss. The Court will not entertain a motion to dismiss as the deadline of 8/3/20 to file non-discovery motions has passed. (See, Order Approving Stipulation to Extend Discovery Motions Deadline and Continue Pretrial Conference entered 1/20/20 [Dk. 30]).
The final bullet point contained in § 2, Issues of Fact, pg 5:12, does not contain a complete citation and reads: "Is Plaintiff entitled to seek damages under 11 U.S.C. § (a)(2)(b)."
The Court will sanction each party $250.00, payable to the Court, for the failure to adhere to applicable rules and procedures. The parties have been 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:
Discovery cutoff: 02/17/2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: 04/03/2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: 05/13/2020 at 11:00 a.m.
10:00 AM
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Huy Quang Dao Represented By Denise Ho
Defendant(s):
Huy Quang Dao Represented By Denise Ho
Kellie Ho Ta Represented By
Denise Ho
Joint Debtor(s):
Kellie Ho Ta Represented By
Denise Ho
Plaintiff(s):
Ho Jung Kim DDS, Inc. Represented By Michael E Sayer Denise Ho
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Jasmin Mika Fitts Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Jasmin Mika Fitts Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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
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.
Debtor(s):
Jasmin Mika Fitts Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Reaffirmation Agreement Between Debtor and Wells Fargo Bank in the amount of $1,727.23
Re: 2009 BMW 5 Series
Docket 15
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
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.
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
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 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
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.
Debtor(s):
Jesus Acevedo Castaneda Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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
- NONE LISTED -
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
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 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
Debtor(s):
Chet L. Millerd Represented By April E Roberts
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
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 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
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.
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
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 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 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
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
Tentative for 9/2/20 is to CONTINUE to November 4, 2020 at 1:30 p.m., in light of the representation in Plaintiff's Unilateral Status Report [Dk. 4] that the parties are engaged in settlement discussions. A status report (unilateral or joint), which contains details regarding the status of settlement discussions and proposed dates for completion of discovery, trial readiness, etc., shall be due no later than 14 days before the continued status conference.
Appearances for the 9/2 hearing are excused.
Debtor(s):
Yun Ho Choi Represented By
Young K Chang
Defendant(s):
Yun Ho Choi Pro Se
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
CONT. Hrg. on Plaintiff's Motion filed 3/5/21 for Default Judgment From: 4/6/21,5/18/21
EH
Docket 11
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
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.
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
Adv#: 6:21-01019 Schadeck et al v. Lee
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
- NONE LISTED -
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
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Adv#: 6:21-01053 Larry D. Simons, Chapter 7 Trustee v. Bailey et al
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 for 7/13/21:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: November 1, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: December 17, 2021. Note: this is the date by which all non-discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
Debtor(s):
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
Hrg. on Debtors' Motion to Vacate Dismissal EH
Docket 18
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.
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
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 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
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.
Deadline to file Amended D.S.: July 20, 2021
Deadline to serve D.S. and Plan: July 28, 2021
Ballots due: August 25, 2021
Confirmation Brief Due: September 8, 2021
Oppositions to Confirmation Brief due: September 15, 2021
Replies due: September 22, 2021
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
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
****************************************************************************** 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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
CONT Hrg. on Chapter 11 Status Conference EH
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 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
audio of the hearing may be 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
****************************************************************************** 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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
CONT. Hrg. on Order to Show Cause why case should not be dismissed or converted
From: 7/13/21 EH
Docket 218
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
audio of the hearing may be 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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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
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.
Debtor(s):
Ronald Ward Komers Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Movant(s):
Ronald Ward Komers Represented By Matthew D. Resnik Matthew D. Resnik
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
1:30 PM
Hrg. on Post-Effective Status Conference From: 3/9/21
EH
Docket 14
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.
Debtor(s):
Camp Croteau, Inc. Represented By Todd L Turoci
1:30 PM
Trustee(s):
Caroline Renee Djang Pro Se
1:30 PM
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
- NONE LISTED -
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik Todd A Frealy
11:00 AM
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
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
- NONE LISTED -
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
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
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 705501 Against Devin Lucas. Esq.
(Motion filed 6/7/2021)
Docket 157
- NONE LISTED -
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
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
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
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 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
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.
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
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 Laila Masud
11:00 AM
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
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;
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 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
****************************************************************************** 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
***************************************************************************** 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:
Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 at 1:30 p.m.
11:00 AM
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Appearances required.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden Ryan W Beall Beth Gaschen Faye C Rasch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack
11:00 AM
Sharon Oh-Kubisch Faye C Rasch Robert S Marticello Laila Masud
11:00 AM
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 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.
11:00 AM
Debtor(s):
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
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 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.
11:00 AM
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
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 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
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.
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
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
Hearing RE: Motion For Partial Dismissal Of Amended Complaint (Motion filed 6/1/2021)
Docket 123
- NONE LISTED -
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
Carl Mueller
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
Adv#: 8:19-01190 Murray v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)
(PTC set at S/C held 12/18/19)
FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21; 5-12-21; 5-19-21
Docket 1
- NONE LISTED -
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen Fritz J Firman
Defendant(s):
Charles S Zahedi Represented By Fritz J Firman
Plaintiff(s):
Patricia Murray Represented By Thomas J Eastmond Robert P Goe Charity J Manee
11:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Dr. Hrayr Shahinian's Motion To Intervene For The Limited Purpose Of Compelling Production Of His Client File In Case No. 2:14-
cv-08313-JAK-JPR
(Motion filed 10/16/2020)
FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21; 2-18-21; 4-28-21
Docket 212
- NONE LISTED -
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
Tinho Mang
11:00 AM
CONT'D Hearing RE: Intervenor Hrayr Shahinian's Motion To Compel Production Of His Client File In Case No. 2:14-cv-08313-JAK-JPR (Motion filed 10/16/2020)
FR: 11-18-20; 12-16-20; 1-6-21; 1-20-21; 2-18-21; 4-28-21
Docket 219
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
D Edward Hays David Brian Lally Laila Masud
11:00 AM
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
Laila Masud
11:00 AM
Adv#: 8:20-01085 Norris et al v. Javan
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]
(Complaint filed 5/19/2020)
[Case transferred from CB on 7/31/2020]
FR: 8-4-20; 8-19-20; 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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally Laila Masud
11:00 AM
Adv#: 8:21-01010 Gubersky v. Javan
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
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally Laila Masud
11:00 AM
Adv#: 8:21-01010 Gubersky v. Javan
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
- NONE LISTED -
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
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 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
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.
Debtor(s):
Todd Stuart Masler Pro Se
11:00 AM
Movant(s):
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
Adv#: 8:21-01018 Gomez et al v. Synchrony Bank et al
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 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
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
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.
Debtor(s):
Mike Gomez Represented By
11:00 AM
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
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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 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:
Deadline to file pre-trial motions, including Motions in Limine: September 3, 2021.
Hearing on pre-trial motions: November 4, 2021, at 1:30 p.m.
Deadline to file Trial Briefs: February 8, 2022
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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
******************************************************************************** Tentative for 9/2/20 is to treat this claim objection as an adversary proceeding, and set the following dates and deadlines:
Discovery cutoff: December 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Pretrial conference: January 20, 2021 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules, including but not limited to LBR 7016-1(b).
Virtual appearances are required.
Debtor(s):
Sukeinah Hassan Kassir Represented By Vikrant Chaudhry
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
1:30 PM
Adv#: 8:19-01130 Marshack v. Kassir et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers
(Complaint filed 7/2/19)
(PTC set at S/C held 11/20/19)
[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 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:
Deadline to file Trial Briefs: January 11, 2022
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
Participants may connect to the videoconference through an Internet browser 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
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:
Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 at 11:00 a.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
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
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
Adv#: 8:20-01058 Marshack v. Dillanos Coffee Roasters, Inc.
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
- NONE LISTED -
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey Tinho Mang
1:30 PM
Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta
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
- NONE LISTED -
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
Trustee(s):
Jeffrey I Golden (TR) Pro Se
1:30 PM
Adv#: 8:20-01085 Norris et al v. Javan
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Sections 523(a)(2)(A), (4) And (6)]
(Complaint filed 5/19/2020)
[Case transferred from CB on 7/31/2020]
FR: 8-4-20; 8-19-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21; 2-18-21
Docket 1
- NONE LISTED -
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
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Brian Lally Laila Masud
1:30 PM
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 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
The courtroom will be locked; parties wishing to make an appearance must do so by Zoom for Government, a 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.
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
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 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.
Debtor(s):
Tupelo Wood LLC Represented By Stephen L Burton
1:30 PM
Movant(s):
Tupelo Wood LLC Represented By Stephen L Burton
1:30 PM
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 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:
Whether the relief will result in a partial or complete resolution of the issues;
1:30 PM
The lack of any connection with or interference with the bankruptcy court;
Whether the foreign proceeding involves the debtor as a fiduciary;
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;
Whether the debtor's insurance carrier has assumed full financial responsibility for defending the litigation;
Whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the goods or proceeds in question;
Whether the litigation in another forum would prejudice the interests of other creditors, the creditors' committee and other interested parties;
Whether the judgment claim arising from the foreign action is subject to equitable subordination under Section 510(c);
Whether movant's success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f);
The interests of judicial economy and the expeditious and economical determination of litigation for the parties;
Whether the foreign proceedings have progress to the point where the parties are prepared for trial, and
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
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
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
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
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 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.
Debtor(s):
Alexander L Loukaides Represented By
1:30 PM
Trustee(s):
Andy C Warshaw Arnold H. Wuhrman
Robert Paul Goe (TR) Pro Se
1:30 PM
Hearing RE: Motion For Order Disallowing Claim:
Claim No. 4 American Express National Bank $12,170.96 (Motion filed 6/15/2021)
Docket 37
- NONE LISTED -
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
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
Debtor(s):
Luxent Inc. Represented By
Todd C. Ringstad Brian R Nelson Richard C Donahoo
11:00 AM
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):
Tires Direct, Inc. Represented By Ron Bender Todd M Arnold
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
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):
Texas Tire Warehouse, LLC Represented By Ron Bender Todd M Arnold
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Adv#: 8:19-01198 Moersch v. Zahedi
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
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Pacific Egg Ranches, LLC Represented By Michael G Spector
Trustee(s):
Robert Whitmore (TR) Represented By Scott Talkov Douglas A Plazak
11:00 AM
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 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
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
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.
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
11:00 AM
Adv#: 6:20-01025 Rose v. Duarte
CONT STATUS CONFERENCE re: Complaint by Stacey Rose against Lisa Duarte - §523(a)(2)(A), §523(a)(4), §523(a)(6)
EH
From: 9/23/20, 11/17/20,1/19/21,4/27/21
Docket 1
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
***************************************************************************** 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
courtroom. There is no need to contact the Court for permission. Simply contact CourtCall at (866) 582-6878.
The Parties are reminded to have all relevant filings/information easily accessible during the hearing.
Debtor(s):
Lisa Duarte Pro Se
Defendant(s):
Lisa Duarte Pro Se
Plaintiff(s):
Stacey Rose Represented By
Michael D Anderson Andrei Serpik
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Adv#: 6:21-01060 Simons, Chapter 7 Trustee v. Camarena
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 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.
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
Trustee(s):
Larry D Simons (TR) Represented By Meghann A Triplett
11:00 AM
Adv#: 6:21-01067 The Ohio Casualty Insurance Company v. Goldenberg et al
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 for 7/27/21:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 1, 2022. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 4, 2022. Note: this is the date by which all non- discovery motions must be heard and resolved.
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
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
Debtor(s):
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
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 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
including:
whether debtors’ ability to pay a significant amount to creditors;
whether debtor’s have been guilty of "bad faith" in seeking Chapter 7 relief;
whether a debtor can propose a confirmable plan;
whether the primary purpose of the chapter 11 plan is to liquidate or reorganize; and
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
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.
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
Adv#: 6:21-01065 Frealy v. Ramos et al
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
- NONE LISTED -
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
Carmela Pagay
1:30 PM
Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ
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 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
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
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:
Discovery cutoff: May 31, 2021. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 30, 2021. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: 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
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.
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
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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 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
Debtor(s):
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
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 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
opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
Adv#: 8:21-01024 Albert-Sheridan v. Green et al
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 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
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.
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
Trustee(s):
Jeffrey I Golden (TR) Represented By Jonathan A. Michaels Eric P Israel
Aaron E DE Leest Sonia Singh
11:00 AM
Adv#: 8:20-01104 Marshack v. Scottsdale Insurance Company
CONT'D Hearing RE: Trustee's Motion For Partial Summary Adjudication Against Scottsdale Insurance Company
(Motion filed 6/10/2021) FR:
Docket 51
- NONE LISTED -
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
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
Adv#: 8:21-01018 Gomez et al v. Synchrony Bank et al
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
- NONE LISTED -
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
Trustee(s):
Carlos C Alsina-Batista
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:21-01014 Marshack v. Cavanaugh et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Breach Of Fiduciary Duty;
Aiding And Abetting Breach Of Fiduciary Duty;
Avoidance Of Actual Fraudulent Transfers Under 11 U.S.C. Section 548(a) (1)(A);
Avoidance Of Constructive Fraudulent Transfers Under 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Fraudulent Transfers Under 11 U.S.C. Sections 550 And 551;
Avoidance And Recovery Of Actually Fraudulent Transfers Under 11 U.S.C. Section 544 And Cal. Civ. Code Section 3439.04;
Avoidance And Recovery Of Constructively Fraudulent Transfers Under 11
U.S.C. Section 544 And Cal. Civ. Code Section 3439.05
Recovery Of Illegal Dividends Under Cal. Corp. Code Sections 500, 501 And 506;
Equitable Subordination Of Claims Under 11 U.S.C. Section 510(c);
Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(A);
Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(C);
Breach Of Contract;
Money Lent;
Open Book Account;
Violation Of Cal. Penal Code Section 496(c);
Accounting;
Constructive Trust; And
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
- NONE LISTED -
11:00 AM
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 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
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
Christopher Dale Beatty
11:00 AM
Adv#: 8:20-01106 Meineke Franchisor SPV LLC et al v. Atta
Hearing RE: Motion To Modify Scheduling Order (Motion filed 6/23/2021)
Docket 43
- NONE LISTED -
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
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
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 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
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.
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
Trustee(s):
Brent D Meyer
Weneta M.A. Kosmala (TR) Represented By Reem J Bello
11:00 AM
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 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
***************************************************************************** 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.
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
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 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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
1:30 PM
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
1:30 PM
CONT'D STATUS CONFERENCE Hearing RE : Order:
Setting Conference On Status Of Subchapter V case;
Requiring Debtor To Appear At Status Conference And File Report On Status Of Subchapter V Case, Or Face Possible (A) Conversion Of Case To Chapter 7 Or (B) Dismissal Of Case;
Requiring Subchapter V Trustee To Appear At Status Conference;
Establishing Procedure For Motion For Order Confirming Subchapter V Plan; And
Setting Date For 11 U.S. C Section 1111(b) Election (Petition filed 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 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
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.
Debtor(s):
Christopher Alexander Todero Represented By Anerio V Altman
Trustee(s):
Mark M Sharf (TR) Pro Se
1:30 PM
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
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
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 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
Appearances for the 6/17 hearing are excused.
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
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 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
Appearances for the 6/17 hearing are excused.
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
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 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
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.
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
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 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
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
Annie Y Stoops
M Douglas Flahaut Aram Ordubegian
1:30 PM
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 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
filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
Laila Masud
Movant(s):
Grobstein Teeple LLP Pro Se
1:30 PM
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 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
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.
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
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 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
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
Laila Masud
1:30 PM
Adv#: 8:21-01040 Seror v. Thompson et al
Hearing RE: Motion For A Preliminary Injunction (Motion filed 6/25/2021)
Docket 4
- NONE LISTED -
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
Plaintiff(s):
David Seror Represented By
Jessica Wellington
1:30 PM
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 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
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
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 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
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
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 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
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
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 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
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
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
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 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
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.
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
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 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
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):
Rutan & Tucker LLP Represented By Roger F Friedman
1:30 PM
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 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
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
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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.
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
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 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
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
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
(1) Breach Of Guaranty Contracts; (2) Breach Of Lease Agreement;
(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 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
*******************************************************************
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
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
11/9/20). Plaintiff did not comply with this directive. Plaintiff also failed to timely file a status report for the 11/7/19 status conference, as directed by the 8/08/19 tentative (also set forth below). The Court will excuse the noncompliance in this instance; however, in light of the repeat violations, Plaintiff is cautioned that it may be subject to sanctions for future violations.
Appearances are excused.
*************************************************************************** Tentative for 11/07/19:
The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.
Appearances are excused.
************************************************************************************** Tentative for 8/08/19:
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
1:30 PM
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 Corey R Weber
10:00 AM
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 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.
10:00 AM
Debtor(s):
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
Hrg. on Trustee's Final Report and Applications for Compensation EH
[Howard Grobstein, chapter 7 trustee] [Fees; $1350.00; Expenses; $0]
Docket 32
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.
10:00 AM
Debtor(s):
Rosa Delia Dionisio Barralaga Represented By James G. Beirne
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
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 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
audio of the hearing may be 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.
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
Adv#: 6:21-01022 Frealy v. US Metro Bank et al
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
- NONE LISTED -
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
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik Todd A Frealy
11:00 AM
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 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.
Debtor(s):
Wendy Valladares Represented By
11:00 AM
Movant(s):
Richard L. Sturdevant
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
CONT. Hrg. on Debtors' Motion to Vacate Dismissal From: 7/13/21
EH
Docket 18
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
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.
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
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 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
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
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.
Debtor(s):
Kevin Scott Bowers Represented By Timothy S Huyck
Movant(s):
Larry D Simons (TR) Represented By Anthony A Friedman
11:00 AM
Trustee(s):
Larry D Simons (TR) Represented By Anthony A Friedman
1:30 PM
Adv#: 6:21-01034 Daff (TR) v. Morales, individually et al
From: 5/18/21 EH
Docket 1
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.
Debtor(s):
Raul A Morales Pro Se
1:30 PM
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
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 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
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.
1:30 PM
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 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
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 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.
1:30 PM
Debtor(s):
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
Adv#: 6:21-01022 Frealy v. US Metro Bank et al
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 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
or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
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
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
Adv#: 6:21-01022 Frealy v. US Metro Bank et al
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 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
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.
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
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik Todd A Frealy
11:00 AM
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
- NONE LISTED -
Debtor(s):
Andrea Steinmann Downs Pro Se
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden Faye C Rasch Ryan W Beall
11:00 AM
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
Hearing RE: Plaintiff's Motion For Reconsideration On Order Dismissing Claims And Parties Dated June 29, 2021
(Motion filed 7/9/2021)
Docket 185
- NONE LISTED -
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
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
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
- NONE LISTED -
Debtor(s):
Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan
Movant(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
Christopher Dale Beatty
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
D Edward Hays Tinho Mang
11:00 AM
Christopher Dale Beatty
11:00 AM
Adv#: 8:20-01118 Marshack v. Discover Financial
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfers;
Preservation Of Preferential Transfers, And;
Disallowance Of Claims
[11 U.S.C. Sections 547, 550, 551 And 502(d)]
(Complaint filed 8/19/2020)
FR: 11-4-20; 1-20-21; 4-28-21; 5-19-21
Docket 1
- NONE LISTED -
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
Trustee(s):
Larry D Simons
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Adv#: 8:19-01190 Murray v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)
(PTC set at S/C held 12/18/19)
FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21; 5-12-21; 5-19-21; 7-14-21
Docket 1
- NONE LISTED -
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen Fritz J Firman
Defendant(s):
Charles S Zahedi Represented By Fritz J Firman
Plaintiff(s):
Patricia Murray Represented By Thomas J Eastmond Robert P Goe Charity J Manee
11:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:20-01179 Roberts v. Gehron Jr
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
- NONE LISTED -
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
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Adv#: 8:20-01179 Roberts v. Gehron Jr
Hearing RE: Motion To Dismiss First Amended Adversary Complaint (Motion filed 7/12/2021)
Docket 25
- NONE LISTED -
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
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 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.
Debtor(s):
Cindy Minh Trang Tran Pro Se
11:00 AM
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
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
- NONE LISTED -
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
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal RE: Complaint: (1) To Determine The Validity, Priority, And Extent Of Liens;
(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 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
***************************************************************************** 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
appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 5/15/19:
This matter is CONTINUED to August 14, 2019, at 10:00 a.m., as a holding date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.
If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Defendant(s):
Daniel Keith Larson Pro Se
Erin Ellen Larson Pro Se
Peter Kote Pro Se
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
Misty A Perry Isaacson
1:30 PM
Hearing RE: Objection To Proof Of Claim:
Claim No.: 9-1 Amos Varsha $99,200.00 (Motion filed 6/30/2021)
Docket 531
- NONE LISTED -
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
Hearing RE: Objection To Proof Of Claim:
Claim No.: 34-1 Birch Holding Corporation $900,000.00 (Motion filed 6/30/2021)
Docket 532
- NONE LISTED -
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
Hearing RE: Objection To Proof Of Claim:
Claim No.: 35-1 Birch Holding Corporation $382,500.00 (Motion filed 6/30/2021)
Docket 533
- NONE LISTED -
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
Hearing RE: Objection To Proof Of Claim:
Claim No.: 36-1 Xueying Tang $800,000.00 (Motion filed 6/30/2021)
Docket 534
- NONE LISTED -
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
Hearing RE: Objection To Proof Of Claim:
Claim No.: 37-1 Jing Liu $200,000.00 (Motion filed 6/30/2021)
Docket 535
- NONE LISTED -
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
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
- NONE LISTED -
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
Hearing RE: Objection To Proof Of Claim:
Claim No.: 41-1 Weisheng Tao $300,000.00 (Motion filed 6/30/2021)
Docket 537
- NONE LISTED -
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
Hearing RE: Objection To Proof Of Claim:
Claim No.: 46-1 Jumbo Investment, Inc. $950,000.00 (Motion filed 6/30/2021)
Docket 538
- NONE LISTED -
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
Hearing RE: Objection To Proof Of Claim:
Claim No.: 22-1 Jingke Yu $437,450.00 (Motion filed 6/30/2021)
Docket 539
- NONE LISTED -
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
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
- NONE LISTED -
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
Hearing RE: Objection To Proof Of Claim:
Claim No.: 29-1 Xiao Yan Zheng $153,600.00 (Motion filed 6/30/2021)
Docket 541
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
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
- NONE LISTED -
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
10:00 AM
Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ
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
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
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
CONT'D TRIAL RE: Complaint Objecting To Debtor's Discharge Under 11
U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)
(Complaint filed 1/4/19)
(TRIAL set at PTC held 12/18/19)
[Trial set as "initial Trial date per Order Entered 3/19/2020]
(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
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
Reem J Bello
10:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 52
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.
10:00 AM
Debtor(s):
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
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 170
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.
Debtor(s):
Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade
10:00 AM
Trustee(s):
W. Derek May
Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin
Stephen F Biegenzahn
10:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 34
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.
Debtor(s):
Margaret Rose Bizal Represented By
10:00 AM
Trustee(s):
Nathan Fransen
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 48
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.
Debtor(s):
Manny E Arroyo Represented By Kian Mottahedeh
10:00 AM
Joint Debtor(s):
Gloria Arroyo Represented By Kian Mottahedeh
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 27
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.
Debtor(s):
Ruby Ramirez Represented By Daniel King
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Trustee's Final Report and applications for compensation EH
Docket 78
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.
Debtor(s):
Wesley Hugh Gilmore Represented By James B Watkins
10:00 AM
Joint Debtor(s):
Debra Denise Gilmore Represented By James B Watkins
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Adv#: 6:21-01022 Frealy v. US Metro Bank et al
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 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.
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
11:00 AM
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
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik Todd A Frealy
11:00 AM
Adv#: 6:21-01071 Lee v. Newman
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
- NONE LISTED -
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
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
- NONE LISTED -
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
Motion for an order compelling chapter 7 trustee to abandon estate property (Motion filed 7/27/21)
EH
Docket 28
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
videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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.
11:00 AM
Debtor(s):
Michael Paul Newman Represented By Todd L Turoci
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
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 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
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.
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
Hrg. on Chapter 11 Post-Confirmation Status Conference EH
Docket 0
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
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.
Debtor(s):
DAVID LIN Represented By
Michael J Jaurigue Elaine Le
Ryan A. Stubbe
1:30 PM
Joint Debtor(s):
CHRISTINE YIU Represented By Michael J Jaurigue Elaine Le
Ryan A. Stubbe
9:30 AM
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 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
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.
Debtor(s):
Lina Twaian Represented By
Stephen S Smyth
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
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 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
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.
Debtor(s):
Kalani Danielle Mitchell Represented By Timothy McFarlin
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
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 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
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.
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
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 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
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.
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
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 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
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.
Debtor(s):
Aurora N Martinez Represented By Peter Recchia
Trustee(s):
Weneta M.A. Kosmala (TR) Pro Se
10:00 AM
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 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
Debtor(s):
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
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
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
Debtor(s):
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
Adv#: 8:21-01022 Marshack v. Sutter & Gillham, PLLC et al
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
- NONE LISTED -
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
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Real Property Free And Clear Of Liens, Claims, And Interests Pursuant To 11
U.S.C. Sections 363(b) And (f); (2) Approving 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 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
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.
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
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Consolidated Complaint:
Declaratory Relief/Dischargeability Of Debt;
Violation Of Automatic Stay/Discharge Injunction
Excessive Fines - Eighth Amendment
Excessive Fines - Art 1 Sect 17
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 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
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.
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
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
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
Adv#: 8:20-01033 Marshack v. 27 Diamonds
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Avoidance Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 548, 550, And 551; Cal. Civ. Code Section 3439.04 et seq.] And;
Avoidance, Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.05 et seq. (Complaint filed 3/20/2020)
(PTC set at S/C held 7/15/2020)
FR: 6-10-20; 7-15-20; 8-19-20; 12-2-20; 2-3-21; 4-7-21; 6-16-21
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
27 Diamonds Represented By
Andrew Edward Smyth
Plaintiff(s):
Richard A Marshack Represented By Judith E Marshack
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw M Douglas Flahaut Annie Y Stoops Judith E Marshack Sharon Oh-Kubisch Faye C Rasch Robert S Marticello Laila Masud
11:00 AM
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 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.
Debtor(s):
Ruby's Franchise Systems, Inc., a Represented By
Eric J Fromme
11:00 AM
Movant(s):
Christopher J Harney
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
Adv#: 8:19-01190 Murray v. Zahedi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)
(PTC set at S/C held 12/18/19)
FR: 12-18-19; 7-1-20; 10-7-20; 2-17-21; 3-10-21; 5-12-21; 5-19-21; 7-14-21;
8-4-21
Docket 1
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
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:
Discovery cutoff: April 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
11:00 AM
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.
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
Adv#: 8:20-01128 Tiara Townhomes, LLC v. Everwin Investment, Inc.
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
- NONE LISTED -
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
Plaintiff(s):
Tiara Townhomes, LLC Represented By David Wood
Matthew Grimshaw
11:00 AM
Adv#: 8:20-01128 Tiara Townhomes, LLC v. Everwin Investment, Inc.
Hearing RE: Motion For Summary Judgment Or, Alternatively, Partial Summary Judgment
(Motion filed 7/7/2021)
Docket 12
- NONE LISTED -
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
Matthew Grimshaw
11:00 AM
Hearing RE: Motion For Objection To Debtor's Claim Of Exemption (Motion filed 7/14/2021)
Docket 25
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
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
so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Linda 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
Adv#: 8:18-01168 Casey v. Steinmann et al
Hearing RE: Motion For Sanctions Under Rule 9011 Of The Federal Rules Of Bankruptcy Procedure
(Motion filed 7/8/2021)
Docket 316
- NONE LISTED -
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
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
Movant(s):
Annie Y Stoops Justin S Draa
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
Aram Ordubegian Annie Y Stoops 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
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
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
- NONE LISTED -
Debtor(s):
James Shin Represented By
Jill L Kim
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
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 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
Zoom for Government, a free service that provides audioconference and videoconference capabilities.
Participants may connect to the videoconference through an Internet browser 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
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
Christopher Dale Beatty
1:30 PM
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 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
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
**************************************************************************** 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:
Deadline to file a plan and disclosure statement - June 30, 2019.
A Continued Chapter 11 Status Conference - August 15, 2019 at 11:00
1:30 PM
a.m. A status report is due 14 days in advance.
The Trustee (himself or through his counsel) should be prepared to orally provide the Court with a current and projected financial overview of Debtor, including a summary of all claims.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
1:30 PM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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.
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
Jeffrey I Golden Beth Gaschen Ryan W Beall
1:30 PM
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 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
If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be 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:
Deadline to serve plan docs, including ballot – June 25, 2021
Ballot return – July 23, 2021, at 5:00 p.m.
Objections to confirmation – July 23, 2021
1:30 PM
Confirmation brief and ballot summary – August 4, 2021
Reply to confirmation brief – August 11, 2021
Confirmation hearing – August 18, 2021, at 1:30 p.m. A status report shall be due 14 days in advance.
Virtual appearances are required.
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
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 for 8/18/21:
The Court is inclined to set the following dates/deadlines:
Deadline to file Plan – September 30, 2021 (statutory deadline)
Deadline to serve Plan – October 13, 2021
Ballots Due – November 10, 2021
Confirmation Brief Due – November 24, 2021
Oppositions to Confirmation Brief due – December 1, 2021
Replies due – December 8, 2021
Confirmation Hearing & Continued Status Conference – December 15,
1:30 PM
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
https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
Jennifer Leigh Hodges Represented By
Misty A Perry Isaacson
Trustee(s):
Mark M Sharf (TR) Pro Se
1:30 PM
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 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.
1:30 PM
Debtor(s):
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
Adv#: 8:20-01055 Marshack v. Javan et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:
Avoid And Recover Fraudulent Transfers;
Obtain Declaratory Relief As To Ownership Of Property;
Turnover Of Property;
Authorize Sale Of Real Property; And
For Declaratory Relief (Complaint filed 4/18/2020)
[Adversary transferred from CB on 7/31/2020]
FR: 7-7-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21; 2-18-21
Docket 1
- NONE LISTED -
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
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
Adv#: 8:20-01055 Marshack v. Javan et al
CONT'D Hearing RE: Motion To Dismiss All Causes Of Action Alleged In The Adversary Complaint To: (1) Avoid And Recover Fraudulent Transfers; (2) Obtain Declaratory Relief As To Ownership Of Property; (3) Turnover Of Property; (4) Authorize Sale Of Real Property; And (5) For Declaratory Relief (Motion filed 5/11/2020)
[Adversary transferred from CB on 7/31/2020]
[FR: 6-9-20; 6-11-20; 7-2-20; 9-30-20; 11-5-20; 1-20-21; 2-4-21; 2-18-21
Docket 4
- NONE LISTED -
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
Leslie A Cohen
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
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
- NONE LISTED -
Debtor(s):
Rockport Development, Inc. Represented By Matthew Grimshaw David Wood
Laila Masud
1:30 PM
Hearing RE: Motion For Leave To File A Late Claim (Motion filed 7/15/2021)
Docket 588
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
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
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.
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
Adv#: 8:20-01068 Marshack v. Silver Star Sounds & Communications, Inc
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
- NONE LISTED -
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
Jack A. Reitman D Edward Hays David Wood Judith E Marshack John P. Reitman
Meghan C Murphey Tinho Mang
1:30 PM
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 for 8/18/21:
Debtor’s counsel should appear and be prepared to address the following issues:
The Motion is not accompanied by the mandatory Statement of Finance form as required by LBR 4001-2.
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.
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.
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.
The proposed budget is scarce and appears to be incomplete.
1:30 PM
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.
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
For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.
Please note that default matters may be called prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.
As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions.
Debtor(s):
L'Inc D'Aline Corporation Represented By Michael Jay Berger
10:00 AM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
TRIAL re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - §§523(a)(2), 523(a)(4), 523(a)(6)
From: 10/26/20, 2/23/21
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01153 NextGear Capital Inc v. KAZAZ
Hrg. on Defendant's Motion to Quash (Motion filed 8/23/24)
(OST signed 8/24/21) EH
Docket 38
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
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.
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
10:00 AM
Hrg. on Trustee's Final Report and Application for Compensation EH
Docket 71
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.
Debtor(s):
Matthew A Krechmery Represented By Terrence Fantauzzi
10:00 AM
Joint Debtor(s):
Regina Krechmery Represented By Terrence Fantauzzi
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
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
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 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
Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.
Movant to lodge an order within seven (7) days.
Debtor(s):
Sofia G. Sarkissian Represented By
C Scott Rudibaugh
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Adv#: 6:21-01005 Bui v. Barrette Outdoor Living Inc., an Ohio Corporation
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
- NONE LISTED -
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
Trustee(s):
Lynda T. Bui (TR) Represented By James C Bastian Jr Rika Kido
Melissa Davis Lowe
11:00 AM
Adv#: 6:20-01010 Salvador v. United States of America (United States)
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
- NONE LISTED -
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
Adv#: 6:20-01136 Ferrufino v. Curacao, LTD A California Limited Partnership D.B.
CONT. STATUS CONFERENCE re: Complaint by Tatiana Ferrufino against Curacao, LTD A California Limited Partnership D.B.A. LA Curacao, Southwest Law Group PC, Ramy Wasef Shoukry - Violation of the Automatic Stay
From: 11/4/20,12/16/20, 2/17/20, 3/2/21,5/4/21,6/29/21
EH
Docket 1
- NONE LISTED -
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
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
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
CONT STATUS CONFERENCE RE: Complaint by Romex Textiles, Inc. against Yun Ho Choi - 523(a)(2); 523(a)(4), 523(a)(6), 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
- NONE LISTED -
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
Adv#: 6:20-01116 Romex Textiles, Inc. v. Choi
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
- NONE LISTED -
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
Adv#: 6:20-01205 Anderson v. Valladares et al
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
- NONE LISTED -
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
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang
Chad V Haes
11:00 AM
Adv#: 6:21-01050 Whitmore v. Hernandez
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
- NONE LISTED -
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
Adv#: 6:19-01176 Sekermestrovich v. Paiva
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
- NONE LISTED -
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
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 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.
Debtor(s):
Ben Clymer's The Body Shop Perris Represented By
1:30 PM
Trustee(s):
Robert M Yaspan
Todd A. Frealy (TR) Represented By Monica Y Kim
Levene, Neale, Bender, Rankin & Brill L.L.P. Carmela Pagay
David B Golubchik Todd A Frealy